Campbell City Council
November 7, 2023

11/4/2022
Mr. Darin Goon
S:\1-Projects\20-50120 570 E Hamilton, Campbell\Doc's\Campbell Written Statement-10-18-22.doc

Widen the planter to 10 ft. on Salmar Ave. frontage will impact the length of the proposed carwash tunnel & equipment room.

If you have any questions, please don’t hesitate to give me a call. I can be reached at (925) 287-1174 x1.

Sincerely,
Muthana Ibrahim
Architect, President
M I Architects, Inc.

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Attachment: Project Description (PLN-2022-44 ~ 570 E. Hamilton Avenue.)

PLANNING COMMISSION
REGULAR MEETING MINUTES
Tuesday, June 27, 2023 I 7:30pm
City Hall Council Chamber

CALL TO ORDER

The Regular Planning Commission meeting of June 27, 2023 was called to order at 7:30 pm by Chair Buchbinder, and the following proceedings were had to wit.

ROLL CALL

Members present:

Rob Eastwood, Director
Bill Seligmann, City Attorney
Daniel Fama, Senior Planner
Tracy Tam, Associate Planner
Ken Ramirez, Administrative Analyst
APPROVAL OF MINUTES

1. Approval of Minutes of June 13, 2023 (Roll Call Vote)  Meeting minutes approved by approved by Planning Commission. Commissioner Ostrowki Absent.

COMMUNICATIONS
Memo was received by the Department and distributed to the Planning Commission from the Attorney representing the applicant on Item 4.

Planning Commissioners Present:

Adam Buchbinder, Chair
Alan Zisser, Vice Chair
Davis Fields
Stuart Ching
Matt Kamkar
Michael Krey

Planning Commission Absent
Maggie Ostrowski

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3. PLN‐2022‐44 – 570 E. Hamilton Avenue
Public  Hearing  to  consider  the  request  of  AU  Energy  LLC  for  property  located  at  570  E.

Hamilton  Avenue  to  allow  reconstruction  of  a  Shell  gasoline  service  station with  an
expanded  convenience  store  including  off‐site  alcohol  beverage  sales,  a  drive‐through carwash, and 24‐hour operational hours; associated site, lighting, parking, refuse collection, and  landscaping  improvements;  and  removal  of  on‐site  trees.  The  applications  under consideration include a Conditional Use Permit with Site and Architectural Review and Tre e
Removal Permit. File No.: PLN‐2022‐44. Staff is recommending that this item be deemed Statutorily  Exempt  under  CEQA.  Planning  Commission  action  is  final  unless  appealed  in

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writing  to  the  City  Clerk  within  10  calendar  days.  Project  Planner:  Daniel   Fama,  Senior Planner
Recommended Action: Adopt a Resolution (reference Attachment 1), denying a Conditional Use Permit w/Site and Architectural Review and a Tree Removal Permit.

Senior Planner Fama presented staff report to consider the request of AU Energy LLC for property  located  at  570  E.  Hamilton  Avenue  to  allow  reconstruction  of  a  Shell  gasoline service station.

Commissioners received clarification on the number of gateway projects in the pipeline for the  city;  th
at  the  recommendation  would  be  the  same  even  if  there  were  EV  charging stations; that feedback provided was not incorporated into project application; and that fundamentally the project is not consistent with the city’s General Plan. Commission was informed that denying the project would be done so with prejudice.

Zisser‐ what does it mean to deny with prejudice.

City atto
rney stated that any objections or appeal would be easily defensible as they would have no real solid ground in their appeal.

Applicant’s architect stated there were benefits via additional tax dollars for the city and improve traffic for the next 20 years. Stated that they did not get feedback from city staff.

Need better communication from the city.

Applicant  spoke  and  stated  that  they  own  and  operate  gas  service  station  chains throughout the state. Looks to build sites to be resilient over time. No one solution is paying the bills. Project will offer a blended solution. Stated that this is the only site in the network that needs to be updated, if they take the tanks out then the company will move on. Stated that convenience stores are visited
by a lot of residents and their employees will be there for
the next 20 years. They are only in the business of gas stations.

Commissioner received clarification and responses from applicant about their lease terms; the number of gas stations owned by the family; and the approximate dollar amount of tax received each year; and that the applicant did not really look at the General Plan from the City.

Commissioner  discussed  their  perspectives  on  the  project.  Beli eve  that  Campbell  has  a
bright future and don’t see the gas station as a significant staple of Campbell’s future.

Commissioners noted that:
 application was inconsistent with the City’s General Plan.  gas service station does not serve Campbell residents but rather serves other commute
rs driving through Campbell and bringing congestion to an already busy intersection.
 application brings very little benefit to the residents of Campbell

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 property provides generational opportunity to reimagine the urban form of this critical entry into the city,  a future in which a gasoline station has no place.  approving application guarantees that there will be a service station on the property site for the next 20 years, denying application provides other options in the future.

Commissioners in support of staff
recommendation to deny project with prejudice.

Motion:  Upon  motion  by  Commissioner  Ching,  seconded  by  Commissioner  Fields  the Planning  Commission  adopted  Resolution  No.  4683,  denying  with  prejudice  a Conditional Use Permit with Site and Architectural Review to allow reconstruction of a gasoline service station with an expanded convenience store including off‐site alcohol  beverage  sales,  a  drive‐through  carwash,  and  24‐hour  operation  hours

with  associated  site,  lighting,  parking,  refuse  collection,  and  landscaping improvements;  and  tree  removal  permit  to  allow  removal  of  on‐site  trees,  for property located at 570 E. Hamilton Avenue (PLN‐2022‐44), by the following roll call vote.

AYES:     Ching, Kamkar, Krey, Buchbinder, Zisser, Fields NOES:

None
ABSENT:  Ostrowski
ABSTAIN:  None
Chair closed paused public hearing for a 5 minute break for 5 minutes. Public Hearing resumed  at 9:31pm

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Attachment: PC Meeting Minutes (2023-06-27) (PLN-2022-44 ~ 570 E. Hamilton Avenue.)

CITY OF CAMPBELL
Community Development Department

Campbell Planning Division • 70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • E-MAIL [email protected]

APPEALS

PLANNING APPLICATION FORM

This application form is intended to facilitate filing of an appeal of a decision of the Community Development Director or Planning Commission (decisio ns of the City Council are final and may not be appealed). Please note that appeals must be submitted in writing and filed with the Planning Division within 10 calendar days after the date of the decision. Time limits will extend to the following City Hall working day where the last of the specified number of days falls on a weekend, holiday, or other day when City Hall is officially closed. If you need assistance, please contact the Planning Division at (408) 866-2140 or [email protected], or visit us at City Hall.

To file an appeal please submit this application form and a signed letter providing the following information in accordance with Campbell Municipal Code (CMC) Section 21.62.40.C:

APPEAL INFORMATION

Property Address: ____________________________________________________________________

Brief Description: ____________________________________________________________________ (e.g. Tree Removal Permit)

File Number(s): ____________________________________________ (please provide all that apply; e.g. PLN-2020-7)

APPELLANT INFORMATION
The following information will be used to contact you regarding the status of your appeal (e.g. hearing dates) and is considered public record.

Name: _________________________________

Email: ___________________________

Address: _______________________________

City: _____________________________

State/Zip: _______________________

Phone: (_____)_____-_______

Mobile: (_____)_____-_______

Other: (_____)_____-_______

FILING FEE
Payment of a $200 fee is required to file an appeal. Once your appeal request has been submitted to the Planning Division, you will be provided with an invoice that must be paid before your request will be accepted. Payment must be made before the conclusion of the 10-day appeal period . Please note that the City charges a 3.36% processing fee for all credit card transitions and a 1% processing fe e for all ACH (electronic check) transactions. Cash or check payments may be made at the City Finance Department at no additional cost.

REQUIRED STATEMENT AND EVIDENCE
„ A statement specifying the basis for the appeal and the specific aspect of the decision being appealed; „ Identify error(s) in fact, dispute(s) of findings, or inadequacy of condition(s) to mitigate potential project impact(s ); and
„ Include supporting evidence substantiating the basis for the appeal. 570 E. Hamilton Ave., Campbell, CA
Appeal Resolution No. 4683
PLN-2022-4
Mr. Sunny Goyal [email protected]
41805 Fremont 94538
650 799 2949

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Attachment: Appeal Letter (PLN-2022-44 ~ 570 E. Hamilton Avenue.) 
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Attachment: Appeal Letter (PLN-2022-44 ~ 570 E. Hamilton Avenue.)

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Attachment: Streetscape Drawing (PLN-2022-44 ~ 570 E. Hamilton Avenue.)

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Attachment: Color and Material Sheet (PLN-2022-44 ~ 570 E. Hamilton Avenue.)

City
Council
Report

TITLE: Public Hearing to Consider an Interim Ordinance to Adopt Urgency Revisions to Title 21 Related to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) to Conform with Recent Guidance from the California Department of Housing and Community Development (HCD). File No. PLN -2023-132 (Ordinance – 4/5 Roll Call Vote).

RECOMMENDED ACTION

Adopt an Interim Ordinance, approving urgency revisions to Title 21 to conform with recent feedback and direction from the California Department of Housing and Community Development (HCD) regarding accessory dwelling units.

ENVIRONMENTAL DETERMINATION
This action is Statutorily Exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resource Code Section 21080.17, which exempts the adoption of a local ordinance to implement the provisions of Section 65852.2 of the Government Code relating to the accessory dwelling units.

DISCUSSION
Purpose: The introduction of this interim ordinance stems from the California Department of Housing and Community Development (HCD) finding the City's existing ADU ordinance is out of compliance with State law. As a result, the City must update the current Ordinance to avoid potential legal consequences as further described below.

Background: In recent years, the State of California has passed several laws limiting local authority over the regulation of accessory dwelling units (ADUs). The California Department of Housing and Community Development (HCD) enforces these laws and may adopt guidelines to implement consistent standards that complement or clarify State ADU Law, as it has done most recently with the release of its ADU Handbook (July 2022).

Pursuant to Government Code section 65852.2, subdivision (h), local agencies must submit their ADU ordinances within 60 days of adoption to HCD for review. If found noncompliant, the local agency has 30 days to respond or apply State standards. The City adopted its most recent ADU ordinance (No. 2291) on February 3, 2023, and sent a Item: 15
Category: PUBLIC HEARINGS AND

INTRODUCTION OF

ORDINANCES
Meeting Date: November 7, 2023
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CC Report - ADU Interim Ordinance Page 2 of 5
digital copy to HCD on April 11, 2023. The City received written findings from HCD regarding the ordinance on June 30, 2023, in the form of a formal letter (reference Attachment B) in response to their review of the City’s ADU ordinance. Among other conclusions, HCD found the City’s Ordinance noncompliant with State law. On July 27, 2023, the Community Development Director transmitted a letter (reference Attachment C) in response to HCD's findings, acknowledging a need to amend the City's ADU ordinance, and requesting additional clarification and information. As of the date of this interim ordinance, staff has yet to receive a written response from the HCD regarding the requested additional clarification and information.

Per Government Code section 65852.2, subdivision (a), with HCD's determination, the City's ordinance is subject to being determined "null and void," preventing the City from applying any of its own locally adopted ADU standards. If the City does not update its ADU ordinance, HCD may also declare that the City is in violation of State law and refer the matter to the Office of the Attorney General.

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 provisions contained in the interim ordinance that will allow the City’s ADU ordinance to conform with state law:
◼ Unit Allowance: In accordance with HCD’s interpretation of Government Code section 65852.2, subdivision (e) in conjunction with Government Code section 65852.2, subdivision (c), the proposed ordinance allows single family residential properties to construct two ADUs if one meets the criteria for the "statewide exemption ADU" as defined 1. This allowance is not explicitly stated in the Government Code, but rather is derived from an interpretation from HCD and memorialized in its ADU Handbook (July 2022 ). Reference to this allowance is also contained within the HCD letter. To address this new allowance for two ADUs, the draft interim ordinance includes two new sections (§ 21.23.022 - Maximum Number of Accessory Dwelling Units Permitted on Single -Family

1 Accessory Dwelling Units with a maximum living area of 800 square feet, a height limit of 18/25 feet, and rear and interior side setbacks of at least 4 feet.
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Residential Properties & § 21.23.025 - Maximum Number of Accessory Dwelling Units Permitted on Multi -Family Residential Properties). These sections specify both the maximum number of ADUs permitted and the combinations of ADU types that are allowed. For single-family properties, this now means a parcel may be developed with a main house, two ADUs, and one Junior ADU. ◼ Statewide Exemption ADU: Per HCD’s response letter, the draft interim ordinance has been modified to make it clear that all eligible properties can build one ADU that meets the minimum requirements for a statewide exemption ADU, as outlined in Government Code section 65852.2, subdivision (c). This revised language will provide a precise definition of a "statewide exemption ADU" based on HCD's ADU Handbook (July 2022) . This change allows the construction of one statewide exemption ADU on both single -family and multi -family properties.

These updates can be found in the new section 21.23.027 (Special Provisions for Statewide Exemption Accessory Dwelling Units), which offers a clearer explanation of when exemptions from standards apply and sets specific limitations, which now includes an allowance to remove protected trees that conflict with the ADU placement without having to secure approval of a Tree Removal Permit.
◼ Street Side Setback: Based on direction from HCD, the ordinance will be amended to reduce all side setback requirements to a minimum of four (4) feet including the “street side” setback, which was previously set to 12 feet.

Regardless of required setback, the draft ordinance will still ensure adequate site visibility for pedestrian and vehicular safety by preventing ADU from encroaching into the "sight -triangle" at intersections and driveways as a matter of public safety. This will apply to both standard ADUs and statewide exemption ADUs.

This provision is noted in an amendment to Table 3 -1 (Setback Standards) within section 21.23.027 (Special Provisions for Statewide Exemption Accessory Dwelling Units).
◼ Historic Properties: Based on HCD direction, the draft interim ordinance contains an amendment to explicitly state that the special provisions granted to ADUs on historic properties will exclusively apply to properties listed on the California Register of Historical Resources in conformance with Government Code section 65852.2, subdivision (a)(1)(B). This is a modification to the current ordinance which currently extends these special provisions to safeguard the integrity of historic resources to properties found on the City’s local historic inventory. Staff will be revising the Historic Resource Inventory (HRI) to identify properties listed on the State Register.
◼ Development Standards : The recent comprehensive update to the Zoning Code, adopted earlier this year, removed development standards, including those related to height, floor area ratio, and lot coverage, across all multi -family 15 Packet Pg. 224
CC Report - ADU Interim Ordinance Page 4 of 5
zoning districts (LMDR, MDR, MHDR, and HDR). 2 As the City uses these standards to regulate the constriction of ADUs in multi -family properties, the draft ordinance reintroduces them as they previously existed. ◼ Severability Clause: A severability clause was introduced into the draft ordinance to avoid the entirety of the ordinance from becoming void again.

Should HCD identify existing and/or new sections that fail to align with State law, those particular sections will lose their effectiveness. The remaining portions of the Chapter, however, shall remain enforceable in accordance with Government Code 65852.2, irrespective of any potential future declarations of non - compliance. This provision is proposed as a new section (§ 21.23.115 Severability).

NEXT STEPS
The interim ordinance will need to be extended at the Council's December 5, 2023, meeting, prior to the 45 -day expiration. Pending adoption of the interim ordinance, the City shall submit the Ordinance to HCD for review within the prescribed 60 -day timeline pursuant to Government Code section 65852.2, subdivision (h). The City will incorporate HCD’s feedback into the an ordinance that will be formally adopted at a future City Council meeting.

ALTERNATIVES
The City is currently unable to enforce its local ADU provisions. As such, it is imperative that an interim ordinance be adopted so that the City can continue to review and permit ADUs in a timely manner. If the Council wishes to make specific revisions, staff recommends that those revisions be deferred until formal adoption, as noted, above.

FISCAL IMPACT
There are no direct fiscal impacts associated with the City Council’s adoption of this interim ordinance.

Prepared by:

Larissa Lomen, Assistant Planner

2 Housing Development Projects (2+ new units) remain subject to the City's new Multi-Family Development Design Standards.
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Approved by:

Brian Loventhal, City Manager
Attachment:
a. Draft ADU Interim Ordinance
b. HCD Response Letter
c. Campbell Response Letter
15 Packet Pg. 226
Reviewed by:

Rob Eastwood, Community
Development Director

O
rdinance No. _____
BE

ING AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADOPT ING URGENCY REVISIONS TO TITLE 21

RELATED TO ACCESSORY DWELLING UNITS AND JUNIOR

ACCESSORY DWELLING UNITS TO CONFORM WITH COMPLIANCE

FINDINGS OF THE CALIFORNIA DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT (HCD).

W
HEREAS, on June 30, 2023, the City of Campbell received a letter from the California Department of Housing and Community Development (HCD) providing written findings pursuant to Government Code 65852.2(h) identifying certain section(s), subsection(s), sentence(s), clause(s), and/or phrase(s) of the City's accessory d welling unit ordinance that do not comply with State law;
W
HEREAS, on July 27, 2023, the Community Development Director transmitted a letter in response to HCD's written findings, within the 30- day period provided by the statute, acknowledging a need to amend the City's accessory dwelling unit ordinance, and requesting additional clarification and information; WHEREAS, as of the date of this interim ordinance, the City of Campbell has yet to receive a written response from the HCD regarding the requested additional clarification and information;
WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the HCD's written findings in that the City’s local accessory dwelling unit ordinance is no longer consistent with Government Code Sections 65852.2 and 65852.22, 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.

W
HEREAS, the City is undertaking a study to development permanent zoning standards to conform its current zoning code provisions to conform to the HCD's written findings, which shall be completed within a reasonable time, not to exceed 23 months from the adoption of this interim ordinance.

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

W
HEREAS, 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.

W
HEREAS, 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 regulations governing height, setback, landscape, and architectural

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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.

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HEREAS, 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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HEREAS, 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.

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HEREAS, 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) and related sections of the Campbell Municipal Code in compliance written findings provided by the California Department of Housing and Community Development (HCD).

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) : 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.

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( Ord. No. 2252 , § 7, 11-19-2019)

21.23.020 Minimum Standards for Eligibility.

Accessory dwelling unit s pursuant to this C hapter may be constructed on parcels satisfying all of the following minimum standards:

A. Zoning district. A parcel located within a residential or mixed-use zoning district as specified by Chapter 21.08 (Residential zoning districts) and Chapter 21.11 (Mixed-used districts), respectively, or in the P-D (Planned Development) Zoning District on a parcel with a General Plan land use 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 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 dwelling s and townhouses, except for accessory dwelling units constructed on multi -family residential properties pursuant to Secti on 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 the parcel was created. The City Engineer may require a certificate of compliance to verify conformance to this requirement.

21.23.022 Maximum Number of Accessory Dwelling Units Permitted on Single - Family Residential Properties.

Any of the following accessory dwellings units on single- family residential properties are allowed by this Chapter:

A. Standard accessory dwelling units. Any one (1) of the following accessory dwelling units per lot may be created with a proposed or existing single-family dwelling:

1. Interior accessory dwelling unit; or

2. Attached accessory dwelling unit; or

3. Detached accessory dwelling unit.

B. Statewide Exemption Accessory Dwelling Unit. In addition to the above, a property with an existing or proposed single family dwelling may additionally construct or create one (1) of the following types of accessory dwelling units in accordance with Section 21.23. 027 (Special Provisions for Statewid e Exemption Accessory

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Dwelling Units), if the unit meets the definition of a statewide exemption accessory dwelling unit:

1. Interior accessory dwelling unit; or

2. Detached accessory dwelling unit.

21.23.025 Maximum Number of Accessory Dwelling Units Permitted on Multi-Family Residential Properties.

Any of the following accessory dwellings units on multi-family residential properties are allowed by this Chapter:

A. Standard accessory dwelling units. A multi -family residential property with an existing or proposed multi-family dwelling can construct or create either or both of the following types of accessory dwelling units in accordance with Section

21.23.050 (Special Provisions for Multi-family Residential Properties).

1. Detached accessory dwelling unit. A maximum of two (2) detached accessory dwelling units are allowed on a lot that has an existing or proposed multifamily dwelling subject to the standards, requirements, and restrictions of this Chapter.

2. Interior accessory dwelling unit. A minimum of one (1) accessory dwelling unit and up to one (1) accessory dwelling unit for every four (4) dwelling units within an existing multifamily dwelling structure(s) are allowed to be created by the conversion of existing non-livable space(s), including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, carports, or garages, provided that the dwellings comply with the California Building Code.

B. Statewide Exemption Accessory Dwelling Unit. A property with an existing or proposed multi-family dwelling can construct or create one (1) of the above types of accessory dwelling units in accordance with Section 21.23.027 (Special Provisions for Statewide Exemption Accessory Dwelling Units), if the unit meets the definition of a statewide exemption accessory dwelling unit.

21.23.027 Special Provisions for Statewide Exemption Accessory Dwelling Units.

This se ction 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. A parcel eligible for an accessory dwelling unit under Section

21.30.020 (Minimum Standards for Eligibility) can exercise this section to develop one (1) statewide exemption accessory dwelling unit. All other accessory

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dwelling units must adhere to the standards specified in the remaining sections of this chapter.

B. Defined. A statewide exemption accessory dwelling unit is an attached, detached, or interior accessory dwelling unit with living area no larger than eight hundred (800) square feet, with rear and interior side setbacks not less than four (4) feet, and height not exceeding:

1. Detached accessory dwelling units. Eighteen (18) feet; or

2. Attached or interior accessory dwelling units. Twenty-five (25) feet or the height limitation of the applicable zoning district, which ever is lower.

C. Exemptions. Statewide exemption accessory dwelling units shall be exempt from the following development standards and requirements:

1. With proposed or existing primary dwelling. Except as set forth in subparagraphs 2.a through 2.c below, a statewide exemption accessory dwelling unit on a lot with a proposed or existing primary dwelling shall be exempt from all development standards that would otherwise be required by this Title;

2. Development and design standards. The otherwise required (1) front setback, (2) building separation, (3) floor area ratio, (4) lot coverage, (5) open space, and (6) design requirements specified by Section 21.23.030 (Accessory dwelling unit development standards), or (6) any unit size requirements other than set forth in this section shall not apply, except as follows:
a. To ensure adequate site visibility for pedestrian and vehicular safety, a statewide exemption accessory dwelling unit shall not be constructed or placed within the triangular areas of a property as depicted in Figures 3-1 and 3-2 of Section 21.18.060 (Fences, walls, lattice and screens).
b. In no circumstance shall a statewide exemption accessory dwelling unit be placed within an existing sidewalk or public utility easement.
c. When a statewide exemption accessory dwelling unit is attached to a primary dwelling unit or to a garage or carport, these exemptions shall only apply to that portion of the structure that is occupied by the living area of the accessory dwelling unit.

3. Historic properties. The design and placement requirements specified by Section 21.23.060 (Special provisions for historic properties) shall not apply.

4. Tree preservation. The tree preservation requirements of Chapter 21.32 (Tree Protection Regulations) shall not apply when the critical root zone of a protected tree is located within the building footprint of a statewide exemption accessory dwelling unit.

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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 allowed to expand the living area beyond 800 square feet, unless and until all of the provisions of this Chapter that apply to accessory dwelling units that do not qualify as a Statewide Exemption Accessory Dwelling unit have been satisfied. The community development director may require recordation of a deed restriction documenting this restriction.

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 21.23.027 (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 accessory structures found in Section 21.36.020 (Accessory structures) do not apply to accessory dwelling units.

B. Placement. Accessory dwelling units may be located in front of, to the side of, within, or behind the primary dwelling unit , and shall conform to the setback standards specified by Tale 3-1.

C. Open space. Except as provided for Statewide Exemption A ccessory Dwelling Units, 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 t hat 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).

D. Floor area ratio and lot coverage. Except as provided for Statewide Exemption Accessory Dwelling Units, 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 within the P-D (Planned Development) zoning district the maximum floor area ratio and maximum lot coverage shall be equal to the standards 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).

E. Setbacks. Except as provided for Statewide Exemption Accessory Dwelling Units, an accessory dwelling unit shall conform to the setback standards specified by Table 3-1, below:

Table 3-1 — Setback Standards

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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 4 feet (3)
Separation from
Primary Dwelling Unit
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)
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.
(3) In order to ensure adequate site visibility for pedestrian and vehicular safety, in no circumstance shall an accessory dwelling unit be constructed or placed within the triangular areas of a property as depicted in Figures 3-1 and 3-2 of Section 21.18.060 (Fences, walls, lattice and screens).

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.

G. Maximum size. An accessory dwelling unit shall conform with the following size maximums:

1. Detached accessory dwelling units. The maximum floor area for a detached accessory dwelling unit shall be one thousand two hundred (1,200) square feet.

2. Attached accessory dwelling units. The maximum living area for an attached 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 (850) square feet shall be permitted for a studio or one-bedroom unit, and one thousand (1,000) square feet shall be permitted for an accessory dwelling unit that provides two or more bedrooms.

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3. Interior accessory dwelling units. There shall be no prescribed size maximums imposed upon interior accessory dwelling units.

H. Allowable rooms. An accessory dwelling unit shall contain one kitchen facility , as defined in Chapter 21.72 (Definitions), no more than one living room (defined as a habitable room with an area not l ess 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.

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 height of eighteen (18) 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 existing primary dwelling unit, except that it shall not be constructed above any portion of an attached garage. The height of an attached accessory dwelling unit shall not exceed twenty-five (25) feet or that specified by the applicable zoning district and/or area or neighborhood plan, whichever is greater.

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

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

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 an 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:

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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.
e. Uncovered parking 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 design standards. The design of accessory dwelling units 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, 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, buil ding 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 deta il, 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 features 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 eight 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 acces sory dwelling unit located entirely on a second story, this shall require a separate interior or exterior

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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 doorway 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)

21.23.040 Junior Accessory Dwelling Unit Development Standards.

In addition to allowable number of accessory dwelling units outlined in section

21.23.022 (Maximum number of accessory dwelling units permitted on single -family residential properties), one junior accessory dwelling unit may be constructed or created on a parcel with an existing or proposed single-family dwelling and in accordance with the following development standards:

A. Maximum floor area. The junior accessory dwelling unit shall not exceed five hundred (500) square feet in area. The occupied floor area shall be within the allowable floor area of a primary dwelling, 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).

C. Kitchen. The junior accessory dwelling unit shall contain a kitchen or an efficiency kitchen, as defined in this Chapter
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 d welling unit . An 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.

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 either the junior accessory dwelling unit or the primary dwelling unit , except as specified by California Government Code Section 65852.2 (a)(2) . The community development director 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)

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21.23.050 Special Provisions for Multi-family Residential Properties.

The following additional 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 21.23.027 (Special Provisions for Statewide Exemption Accessory Dwelling Units):

A. Defined. For the purposes of this section, the term s "multifamily dwelling structure" and "multifamily dwelling" shall have the same meaning as "Duplex," "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 by the conversion of existing non-livable space(s), including, but not limited to, storag e rooms, boiler rooms, passageways, attics, basements, carports, or garages, provided that 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. Creation 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 each such accessory dwelling unit does not exceed eight hundred (800) square feet.

C. Detached accessory dwelling units. In addition to the accessory dwelling units allowed by subsection B, not more than two 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. Non-conforming setbacks. 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.

E. Housing Development Projects: Accessory dwelling units created in an existing or proposed housing development project subject to Chapter 21.07 (Housing Development Regulations) or Chapter 21.39 (Ministerial Approval) shall be subject to the additional requirements provided in the City of Campbell Multi - Family Development and Design Standards.

(Ord. No. 2252, § 7, 11-19-2019; Ord. No. 2286, § 16, 8-16-2022)

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21.23.060 Special Provisions for Historic Properties.

The following additional requirements and restrictions apply to creation of accessory dwelling units on properties listed on the California Register of Historical Resources, 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. Type. Only detached and interior accessory dwelling units shall be permitted.

B. Placement. A detached accessory dwelling unit 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 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 the same wall cladding, trim detail, roofing material, wainscot, building color(s), window frames/trim and divisions, and the predominant roof form and roof pitch. ( Ord. No. 2252 , § 7, 11-19-2019; Ord. No. 2286 , § 23, 8-16-2022)

21.23.070 General Requirements and Restrictions.

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

A. Short-term rentals. Leases for durations of less than thirty days, including short- term rentals are prohibited. The community development director 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 accessory dwelling unit , junior accessory dwelling unit, unless such violations present a threat to public health and safety as determined by the building official. D. 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 s hall an accessory dwelling unit or junior accessory dwelling unit be sold or otherwise conveyed separate from the primary dwelling unit. The community development director

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may require recordation of a deed restriction documenting these restrictions prior to issuance of a building permit.

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

F. Building and fire code. Accessory dwelling units and junior accessory dwelling units shall comply with all applicable Building and Fire Codes as 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 the prim ary dwelling unit. However, if the remodel of the primary dwelling associated with 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 or a space only permitted for nonresidential use that is proposed to be converted to an accessory dwelling unit and junior accessory dwelling unit.

G. 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 either approve or deny concurrent applications for a 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 within sixty days of submittal of a complete building permit application. If the permit application to create a n 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 approving or denying the permit application until the City acts on the permit application to create the new single- family dwelling unit or multifamily dwelling , but the application to create the

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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 new 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., addi tion) 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. 07 (Housing development regulations) 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 converted to an accessory dwelling unit be reviewed with the application for the accessory dwelling unit and issued at the same time.

D. Denial. If the City denies an application for a 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 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 whe re 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 (inclusive of detached single- family homes and/or townhomes) resulting in five or more parcels, exclusive of commonly-held parcels, subject to Chapter 21.07 (Housing development regulations) or Chapter 21.39 (Ministerial Approval), 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

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living area and pre- installation of electrical, 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. If the requirement of sub-section A is determined not to be an "objective standard" as defin ed by the California Government Code and therefore unenforceable, the alternative identified by this subsection, requiring the creation of the accessory dwelling unit(s), shall instead become the requirement applied to the project subject to this section.

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 being 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.

The community development director may determine construction date by any credible means warranted, including use of aerial photography, 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 added to or enlarged in a manner that continues an existing nonconforming setback as otherwise allowed for nonconforming structures provided in Section

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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 development 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 d eny 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 Depar tment 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)

21.23.115 Severability.

If at any time the California Department of Housing and Community Development submits to the City written findings pursuant to Government Code 65852.2(h) identifying certain section(s), subsection(s), sentence(s), clause(s), and/or phrase(s) of this Chapter do not comply with State law, then those specific section(s), subsection(s), sentence(s), clause(s), and/or phrase(s) shall no longer be in effect, such that this Chapter shall maintain its consistency with Government Code 65852.2 and not subject to nullification as provided for Government Code 65852.2(a)(6). The City Council hereby declares that it would have passed adopted this Chapter and each and every section, subsection, sentence, clause, or phrase not declared not in compliance with the California Government Code without regard to whether any portion of this Chapter would be subsequently declared non-complaint.

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

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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 also 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 acc essory 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 accessor y 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 constructed as a separate structure from the primary dwelling unit.

Figure 3.6(b)
Detached accessory dwelling unit

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; (3) created from non- livable space of a multifamily dwelling; or (4) contained within the existing space of an accessory structure (as defined herein).

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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, details, 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 remittance of plan review fees. "Contained within the existing space" means conversion of a lawfully 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 received 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 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

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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 defined 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 (URGENCY REVISIONS – TREE PROTECTION): Campbell Municipal Code Section 21.32.060 (Exemptions) is amended to add a new subsection 'G,' G. Exempt Accessory Dwelling Units. Trees required to be removed in association with the construction of statewide exemption accessory dwelling units in compliance with Section 21.23.027.C.3 (Tree preservation).

SECTION 5 (URGENCY REVISIONS – TWO-UNIT DEVELOPMENT ): Section

21.25.080.A (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.

A. Accessory Dwelling Units. In addition to the two primary dwelling units comprising a proposed housing development, accessory dwelling units may be allowed in compliance with Chapter 21.23 (Accessory Dwelling Units), except for proposed housing developments located on a new parcel created by an urban lot split which shall be limited to a total of two units as defined by Section 66411.7(j)(2) of the Government Code:

SECTION 6 (URGENCY REVISIONS – RESIDENTIAL DISTRICTS): Section 21.08.050 (Residential development standards) 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.

Table 2-4
General Development Standards – Residential Districts

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Development
Standard
Zoning District Map Symbol
R-1 LMDR MDR MHDR HDR MHP
Maximum Floor Area
Ratio (FAR)

.45 (1) See CMC 21.07 – Multi-
Family Development and
Design Regulations for the
specified form-based zone.
(3) (4)
N/A
Maximum Lot Coverage 40% N/A
Minimum Useable Open
Space 750 sq. ft. N/A
Minimum Setbacks
Front 20 ft.

See CMC 21.07 – Multi-
Family Development and
Design Regulations for the
specified form-based zone.
(3) (4)
N/A
Side (each) 5 ft. (2) N/A
Street Side (where
applicable) 12 ft. N/A
Rear 5 ft. (2) N/A
Parking Structure or
Garage to Public Right
of Way
25 ft. N/A
Maximum Height and Stories
Main Structure
Maximum Height 35 ft. See CMC 21.07 – Multi-
Family Development and
Design Regulations for the
specified form-based zone.
(3) (4)
N/A
Main Structure
Maximum Stories 2 ½ stories
Homes
shall not
exceed
one
story
Distance Between Non-Accessory Structures on the Same Lot Minimum Separation
Required
The distance
equal to the
taller of the two
structures.

See CMC 21.07 – Multi-
Family Development and
Design Regulations for the
specified form-based zone.
(3) (4)
N/A
(1) The Planning Commission may approve a F.A.R. of up to 0.50 with approval of a site and architectural review permit when it makes both of the following findings:
a. The perceived scale and mass of the home is compatible with the adjacent homes and the homes in the surrounding area.
b. The home minimizes the use of design features that make it appear significantly larger than the adjacent homes and the homes in the surrounding area.
(2) A minimum of the setback indicated or one-half (½) the building wall height adjacent to the side or rear property line, whichever is greater. The Planning Commission may allow a minimum side setback of five (5) feet for structures

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proposed for a second story addition, when it makes both of the following findings:
a. The side setback would not be detrimental to the health, safety, peace, comfort or general welfare of persons in the neighborhood, or the city as a whole; and
b. The side setback would not unreasonably interfere with the ability of adjoining property owners to enjoy access to air, privacy, sunlight, and the quiet enjoyment of the owner's property.
(3) Notwithstanding any provision to the contrary, the maximum FAR for a housing development project consisting of three (3) to seven (7) units shall not be less than 1.0, and the maximum FAR of a housing development project consisting of eight (8) to ten (10) units shall not be less than 1.25, when the following conditions are met:
a. The housing development project consists of at least 3, but not more than 10, units.
b. The housing development project is not located in any of the following:
i. A property with a single-family zoning or land use designation; ii. A historic district property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resource Code; and
iii. Within a site that is designated or listed as a city or county landmark or historic property or district.
(4) Exception. Notwithstanding Note #3, the development standards for structures not otherwise subject to the Multi Family Development and Design Standards established by Chapter 21.07, shall be the same as those development standards applicable to the R-1 zoning district, except that the minimum usable open space shall be 300 square feet per dwelling unit, the LMDR zone shall have a maximum floor area ratio of 50%, and the MDR, MHDR, and HDR zones shall have a maximum floor area ratio of 55%.

Further, the MHDR and HDR zones shall be permitted to build up to 3-stories
and 40-feet in height.

SECTION 7 (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 whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 8 (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

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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.

SECTION 9 (PUBLICATION): The City Clerk shall cause this interim ordi nance 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 10 (EFFECTIVENESS): This interim ordinance shall become effective on November 7, 2023, for a period of 45 days, unless extended by the City Council.

PASSED AND ADOPTED this _____ day of ____________, 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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DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov

June 30, 2023

Rob Eastwood, Community Development Director
Planning Department
City of Campbell
70 N. First St
Campbell, CA 95008

Dear Rob Eastwood:

RE: Review of Campbell’s ADU Ordinance under State ADU Law (Gov. Code, § 65852.2)

Thank you for submitting the City of Campbell’s (City) accessory dwelling unit (ADU) Ordinances Nos. 2291 and 2286
1, adopted February 3, 2023, and August 16, 2022, to
the California Department of Housing and Community Development (HCD). HCD has reviewed both ordinances and submits these written findings pursuant to Government Code section 65852.2, subdivision (h). Under that statute, the City has up to 30 days to respond to these findings. Accordingly, the City m
ust provide a written response to
these findings no later than July 28, 2023.

Or
dinance 2291 (Ordinance) addresses many statutory requirements; however, HCD finds that the Ordinance does not comply with State ADU Law in the following respects:

• 21.23.010 – CC&Rs – The Ordinance states “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)." However, California Civil Code section 4751, subdivision (a), states “Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development, and any provision of a governing document, that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets the requirements of Section 65852.2 or 65852.22 of the Government Code, is void

1 Ordinance 2286 only sparingly touches on ADU issues and largely focuses on Senate Bill (SB) 9 (Chapter 162, Statutes of 2021) (Gov. Code, §§ 65852.21 and 66411.7). While it is beyond the scope of this letter to outline conflicts between this ordinance and SB 9, as a courtesy, HCD advises that the definition of “Proposed Housing Element” on pages 4-5 may conflict with Government Code sections 65852.21 and 66411.7.

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and unenforceable.” Therefore, the City must add language to reflect this exception.

• 21.23.020 – Unit Allowance – The Ordinance permits “One accessory dwelling unit and one junior accessory dwelling unit may be constructed on parcels satisfying all of the following minimum standards...” However, Government Code section 65852.2, subdivision (e)(1), states “Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application…to create any of the following: (A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling…(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure.” Moreover subdivision (e)(1)(B) permits “One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks.” The use of the term “any” followed by an enumeration of by right ADU types permitted indicate that any of these ADU types can be combined on a lot zoned for single family dwellings.

Statute does not use ‘or’ nor “one of” to indicate only one or another would be applicable to the exclusion of the other.

Thus, if the local agency approves an ADU that is created from existing (or propos
ed) space of a single-family dwelling, or created from an existing accessory structure, and the owner subsequently applies for a detached ADU permit (or vice versa), which meets the size and setback requirements, pursuant to the subdivision, the local agency cannot deny the applicant, nor deny a permit for a junior accessory dwelling unit (JADU) under this section.

Th
is per
mits a homeowner, who meets specified requirements, to create one (1) converted ADU, one (1) detached, new construction ADU, and one (1) JADU, in any order without prejudice, totaling three units. This standard also appli
es to ADUs created pursuant to Government Code section 65852.2, subdivision (e)(1)(C) and (D), on lots with existing and/or proposed multifamily dwellings according to specified requirements. Therefore, the City must amend the language to comply with statute.

• 21. 23.020 (B) – Legal Status – The Ordinance allows ADUs on “A parcel that is presently developed with at least one lawfully constructed primary dwelling unit...”. However, the l
egal status of the primary dwelling is not determinative of the approval or denial of an ADU. Government Code section 65852.2, s
ubdivision (a)(2) requires “The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot.” Further, Government Code section 65852.2, subdivision (d)(2) states, “The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of

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nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.” Therefore, the City must change the phrase “lawfully constructed” to “existing”.

• 21.23.030, 21.23.030 (I)(3), 21.23.050, 21.23.065 – Limited Exemption Unit Definition – The Ordinance makes several references, from Development Standards, “except as provided by Section 21.23.065 (Special Provisions for Statewide Exemption Accessory Dwelling Units)”. These units are defined in Section 21.23.065 (B) as “an attached or detached accessory dwelling unit no larger than 800 square feet in area.” However, this definition describes only units subject to Government Code section 65852.2, subdivision (e)(1)(B), rendering converted units subject to subdivisions (e)(1)(A) and (e)(1)(C) and some detached units per subdivision (e)(1)(D) subject to local design standards. The Ordinance specifically locates “interior” (converted) ADUs, exclusively created within existing single-family homes, to section 21.23.030 (I)(3), outside of the “special provisions for statewide exemption” and thereby allowing local development standards to apply. Note that Government Code section 65852.2, subdivision (e)(1)(A), allows for such units to be created with both “proposed or existing” single family residences. Similarly, the Ordinance locations “Special Provisions for Multi-Family Residential Properties” in

21.23.050, outside of the statewide exemption section and thereby allowing local development standards.

Government Code section 65852.2, subdivision (e)(1), exempts all subject units from local design standards; the omission of categories of units from “Special Provisions for Statewide Exemption ADUs” violates State ADU Law. Therefore, the City must add language addressing units subject to subdivisions (e)(1)(A), (e)(1)(C) and (e)(1)(D) in 21.23.065 to comply with State ADU Law.

• 21.23.030 (B), Table 3-1 – Unit Siting – The Ordinance states “Detached accessory dwelling units may be located in front of, to the side of, or behind the primary dwelling unit.” This omits “attached” ADUs and in so doing potentially conflicts with Government Code section 65852.2, subdivisions (c)(2)(C) and (e). The Ordinance also fails to acknowledge that ADUs may be created within the primary dwelling unit or accessory structure. The City should amend the Ordinance to comply with statute.

• 21.23.030 (C) – Open Space – The Ordinance references “the required open space…specified by the applicable zoning district and/or area or neighborhood plan.” None of these terms are defined, creating the possibility of a conflict with Government Code section 65852.2, subdivision (c)(2)(C), which prohibits “requirement for… open space… that does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks….” Furthermore, such an open space requirement may not preclude a unit subject

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to Government Code section 65852.2, subdivision (e). The City must note the exceptions.

• 21.23.030 (D) – Floor Area Ratio – The Ordinance states, “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 neighborhood plan.” However, Government Code section 65852.2, subdivision (c)(2)(C), prohibits a local agency from imposing a “requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.” (Emphasis added.) If the primary dwelling is less than 1,600 square feet, the Ordinance, as it is currently written, would require an ADU to be less than 800 square feet. The City must revise the Ordinance to eliminate this potential constraint on the size of an ADU addition and clarify that neither floor area ratio nor lot coverage would deny a minimum of 800 square foot ADU.

• 21.23.030 (E), 21.23.100 (E) – Setbacks – The Ordinance requires, for detached ADUs, front setbacks of “the same standard as for the primary dwelling unit” and a “street side” setback of twelve feet; for attached or interior ADUs, the Ordinance requires “the same standard as for the primary dwelling unit”. It later states “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).”

However, Government Code section 65852.2, subdivision (a)(1)(D)(vii), states “No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.” Any converted unit may not be subject to setback requirements, whether the structure converted is part of the primary dwelling or a detached accessory structure. Be further advised that “street side” is not a term addressed in statute; only front, rear and side setbacks may apply to any unit. Lastly, Government Code section 65852.2, subdivision (c)(2)(C), prohibits a requirement for “front setbacks… for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit with four- foot side and rear yard setbacks.” The City must clarify that all ADUs are

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subject to no more than four feet side and rear setbacks, that converted units are not subject to setback requirements, that front setbacks may not preclude any unit 800 square feet or smaller, and that “street side” setbacks do not apply to ADUs.

• 21.23.030 (E) – Building Separation – The Ordinance requires a building separation of ten feet from the primary dwelling unit if the ADU is in front or behind the primary. The same standards are required for separation between an accessory structure and the ADU. However, local standards provided by the Ordinance pursuant to Government Code section 65852.2, subdivisions (a) through (d), may not preclude ADUs created under Government Code section 65852.2, subdivision (e). Therefore, any unit subject to subdivision (e) would be exempt from this requirement. The City must note the exception.

• 21.23.030 (G) – Size Maximums – The Ordinance states “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….” However, interior ADUs created pursuant to Government Code section 65852.2, subdivision (e), from proposed or existing space of the single-family residence or the existing accessory structure, do not have size maximums. The City must remove this size maximum on interior accessory dwelling units.

• 21.23.030 (I)(2) – Underlying Zoning & Height – The Ordinance states that for attached ADUs “the height of an attached accessory dwelling unit shall not exceed that specified by the applicable zoning district and/or area or neighborhood plan.” However, Government Code section 65852.2, subdivision (c)(2)(D)(iv), requires “A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower.” Therefore, a conflict could arise if a primary building’s height is lower than a height allowed in current zoning plans, etc. The City should change the language to permit a height of 25 feet or no lower than the primary dwelling structure.

• 21.23.040 (A) and (B) – JADU Siting – The Ordinance allows JADUs “…within the allowable floor area of [a] detached accessory dwelling unit.” However, Government Code section 65852.22, subdivision (a)(4), requires all JADUs “…to be constructed within the walls of the proposed or existing single-family residence. For purposes of this paragraph, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence.” Therefore, while attached garages may be converted to a JADU, a detached ADU may not. The City must amend the language to comply with statute.

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• 21.23.040 (G) – Owner Occupancy – The Ordinance states “a property with a junior accessory dwelling unit shall be occupied by the property owner…” However, Government Code section 65852.22, subdivision (a)(2), states “Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.” The City must note the exception.

• Section 21.23.060 – Historic Resource Inventory – The Ordinance creates special rules for ADUs “on the historic resource inventory”. This is not defined in the Ordinance. Government Code section 65852.2, subdivision (a)(1)(B), allows “standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources.” The Ordinance must define “the historic resource inventory” with reference to the California Register of Historical Resources to prevent conflict with state law.

• 21.23.065 (C) – Exemption Negation – The Ordinance discretely lists the local design requirements that “exempt units” are exempted from, then notes “All other standards, requirements, and restrictions of this Chapter shall continue to apply.” However, no local design or development standards may preclude any unit subject to Government Code section 65852.2, subdivision (e). The City must remove this section.

• 21.23.070 (F) – “New Dwelling” – The Ordinance states “…if 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.” However, Government Code section 65852.2, subdivision (a)(1)(D)(xii) states “Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.” Therefore, the City must remove this section.

In response to the findings in this letter, and pursuant to Government Code section 65852.2, subdivision (h)(2)(B), the City must either amend the Ordinance to comply with State ADU Law or adopt the Ordinance without changes. Should the City choose to adopt the Ordinance without the changes specified by HCD, the City must include findings in its resolution that explain the reasons the City finds that the Ordinance complies with State ADU Law despite the findings made by HCD. Accordingly, the City’s response should provide a plan and timeline to bring the Ordinance into compliance.

Please note that, pursuant to Government Code section 65852.2, subdivision (h)(3)(A), if the City fails to take either course of action and bring the Ordinance into compliance with State ADU Law, HCD may notify the City and the California Office of the Attorney General that the City is in violation of State ADU Law.

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Attachment: HCD Response Letter (CC Report - ADU Interim Ordinance) Rob Eastwood, Community Development Director

HCD appreciates the City’s efforts in the preparation and adoption of the Ordinance and welcomes the opportunity to assist the City in fully complying with State ADU Law.

Please contact Mike Van Gorder, of our staff, at (916) 916-776-7541 or at [email protected] if you have any questions or would like HCD’s technical assistance in these matters.

Sincerely,

Shannan West
Housing Accountability Unit Chief

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Attachment: HCD Response Letter (CC Report - ADU Interim Ordinance)

CITY OF CAMPBELL
Community Development Department

July 27, 2023

Attn: Shannon West, Housing Accountability Unit Chief
Department of Housing and Community Development
Division of Housing Policy Development
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833

Phone: (916) 263-2911
Fax: (916) 263-7453
Website: www.hcd.ca.gov

Re: Review of Campbell’s ADU Ordinance under State ADU Law (Gov. Code, § 65852.2)

To Shannon West:

I am writing to provide the City of Campbell’s response to the letter received from HCD dated June 30, 2023, which pertains to the review of th e City's Accessory Dwelling Unit (ADU) Ordinance (Chapter 21.23 of the Campbell Municipal Code ( CMC)), pursuant to Government Code section 65852.2 The letter identified 16 provisions in Campbell’s ADU ordinance that HCD has requested modifying to align with State law. Our staff has thoroughly reviewed each of these points and has prepared responses to each of your considerations, as further outlined in this letter.

As the City recently amended its ADU ordinance on May 2, 2023, as part of a comprehensive Zoning Code updat e, we have identified areas where these recent amendments addressed the areas identified in the HCD letter.

CAMPBELL’S RESPONSES TO COMMENTS

1. H CD comment: 21.23.010 – CC&Rs – The Ordinance states “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)." However, California Civil Code section 4751, subdivision (a), states “Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development, and any provision of a governing document, that either

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Attachment: Campbell Response Letter (CC Report - ADU Interim Ordinance) City of Campbell HCD Response Letter Page 2 of 12

70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • E-MAIL [email protected] effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets the requirements of Section 65852.2 or 65852.22 of the Government Code, is void and unenforceable.” Therefore, the City must add language to reflect this exception.

Campbell Response: The City will make amendments to the Ordinance to incorporate the appropriate language to implement California Civil Code section 4751, subdivision (a).

2. HCD Comment: 21.23.020 – Unit Allowance – The Ordinance permits “One accessory dwelling unit and one junior accessory dwelling unit may be constructed on parcels satisfying all of the following minimum standards...” However, Government Code section 65852.2, subdivision (e)(1), states “Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application…to create any of the following: (A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling…(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single -family dwelling or existing space of a single-family dwelling or accessory structure.” Moreover subdivision (e)(1)(B) permits “One detached, new construction, accessory dwelling unit that does not exceed four -foot side and rear yard setbacks.” The use of the term “any” followed by an enumeration of by right ADU types permitted indicate that any of these ADU types can be combined on a lot zoned for single family dwellings. Statute does not use ‘or’ nor “one of” to indicate only one or another would be applicable to the exclusion of the other.

Thus, if the local agency approves an ADU that is created from existing (or proposed) space of a single- family dwelling, or created from an existing accessory structure, and the owner subsequently applies for a detached ADU permit (or vice versa), which meets the size and setback requirements, pursuant to the subdivision, the local a gency cannot deny the applicant, nor deny a permit for a junior accessory dwelling unit (JADU) under this section. This permits a homeowner, who meets specified requirements, to create one (1) converted ADU, one (1) detached, new construction ADU, and one (1) JADU, in any order without prejudice, totaling three units. This standard also applies to ADUs created pursuant to Government Code section 65852.2, subdivision (e)(1)(C) and (D), on lots with existing and/or proposed multifamily dwellings according to specified requirements. Therefore, the City must amend the language to comply with statute.

Campbell Response: The City is requesting further clarification from HCD regarding the referenced interpretation of Gov. Code 65852.2(e). The interpretation that s tate law permits three ADUs (comprising one JADU, one converted ADU, and one detached or attached ADU) on a single -family lot does not appear to align with HCD's December

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Attachment: Campbell Response Letter (CC Report - ADU Interim Ordinance) City of Campbell HCD Response Letter Page 3 of 12

70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • E-MAIL [email protected] 2020 ADU Handbook, which classified ADUs under subdivision (e) into four types and explicitly stated that they do not need to be combined.

Moreover, the City would like more context concerning HCD's understanding of the term "any" because it can be interpreted to mean one, some, or all, depending on the context. Based on the words used in subsections (e)(1)(A) and (B), the government code seems to permit a single -family lot to have one standard ADU and one JADU.

However, it is unclear whether both the ADU and JADU can be converted from existing interior space in conjunction with a standard detached or attached ADU.

The City is requesting additional clarification to better understand how this interpretation of the government code should be applied to both lots with existing single-family dwellings and vacant lots with proposed single- family dwellings as order of operations for conversion of interior space is not stated forthright.

3. HCD Comment: 21.23.020 (B) – Legal Status – The Ordinance allows ADUs on “A parcel that is presently developed with at least one lawfully constructed primary dwelling unit...”. However, the legal status of the primary dwelling is not determinative of the approval or denial of an ADU. Government Code section 65852.2, subdivision (a)(2) requires “The permitting agency shall either approve or deny the application to create or serve an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the permitting agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot.” Further, Government Code section 65852.2, subdivision (d)(2) states, “The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.” Therefore, the City must change the phrase “lawfully constructed” to “existing”.

Campbell Response: The City will make necessary amendments to the Ordinance to conform with Government Code section 65852.2, subdivisions (a)(2) and (d)(2).

4. HCD Comment: 21.23.030, 21.23.030 (I)(3), 21.23.050, 21.23.065 – Limited Exemption Unit Definition – The Ordinance makes several references, from Development Standards, “except as provided by Section 21.23.065 (Special Provisions for Statewide Exemption Accessory Dwelling Units)”. These units are defined in Section 21.23.065 (B) as “an attached or detached accessory dwelling unit no larger than 800 square feet in area.” However, this definition describes only units subject to Government Code section 65852.2, subdivision (e)(1)(B), rendering converted units subject to subdivisions (e)(1)(A) and (e)(1)(C) and some detached units per subdivision (e)(1)(D) subject to local design standards. The Ordinance specifically locates “interior” (converted) ADUs, exclusively created within existing single -family homes, to section

21.23.030 (I)(3), outside of the “special provisions for statewide exemption” and

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Attachment: Campbell Response Letter (CC Report - ADU Interim Ordinance) City of Campbell HCD Response Letter Page 4 of 12

70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • E-MAIL [email protected] thereby allowing local development standards to apply. Note that Government Code section 65852.2, subdivision (e)(1)(A), allows for such units to be created with both “proposed or existing” single family residences. Similarly, the Ordinance locations “Special Provisions for Multi -Family Residential Properties” in 21.23.050, outside of the statewide exemption section and thereby allowing local development standards.

Government Code section 65852.2, subdivision (e)(1), exempts all subject units from local design standards; the omission of categories of units from “Special Provisions for Statewide Exemption ADUs” violates State ADU Law. Therefore, the City must add language addressing units subject to subdivisions (e)(1)(A), (e)(1)(C) and (e)(1)(D) in

21.23.065 to comply with State ADU Law.

Campbell Response: Th
e City is requesting additional clarification from HCD
concerning their understanding of Gov. Code 65852.2(e). We have reviewed the information provided and would like more context about HCD's interpretation of the code, particularly regarding the exemption of interior ADUs from local development standards. Our understanding of the government code is that there is no explicit exemption for interior ADUs from local development standards. The code seems to provide an exemption for "attached" or "detached" ADUs, as stated in subdivision (c)(2)(C):
“Any requirement for a zoning clearance or separate zoning review or any other mi
nimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.” We value the insights provided by HCD and would like to seek clarification to better com
prehend the reasoning behind the conclusion that interior ADUs are exempt from the current standards, so that we may amend the City’s Ordinance accordingly.

5. HCD Comment: 21.23.030 ( B), Table 3-1 – Unit Siting – The Ordinance states “Detached accessory dwelling units may be located in front of, to the side of, or behind the primary dwelling unit.” This omits “attached” ADUs and in so doing potentially conflicts with Government Code section 65852.2, subdivisions (c)(2)(C) and (e). The Ordinance also fails to acknowledge that ADUs may be created within the primary dwelling unit or accessory structure. The City should amend the Ordinance to comply with statute.

Campbell Respons
e: The City will make necessary amendments to the Ordinance to conform with Government Code section 65852.2, subdivisions (c)(2)(C) and (e) as referenced.

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Attachment: Campbell Response Letter (CC Report - ADU Interim Ordinance) City of Campbell HCD Response Letter Page 5 of 12

70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • E-MAIL [email protected]

6. HCD Comment: 21.23.030 (C) – Open Space – The Ordinance references “the required open space…specified by the applicable zoning district and/or area or neighborhood plan.” None of these terms are defined, creating the possibility of a conflict with Government Code section 65852.2, subdivision (c)(2)(C), which prohibits “requirement for… open space… that does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks….” Furthermore, such an open space requirement may not preclude a unit subject to Government Code section 65852.2, subdivision (e). The City must note the exceptions.

Campbell Response: The current ADU ordinance provides an allowance for an exception to the open space standards required for single-family developments as defined in defined in the Zoning Code (Chapter 21.72.010 [Definitions]) and is required for each single-family primary dwelling unit (Section 21.08.050 [Residential development standards]). An exempt ADU of up to 800 square feet can encroach into this required open space as noted in Section 21.23.065(C). This is consistent with government code section 65852.2, subdivision (c) and subdivision (e).
“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.” The City will make additional Ordinance amendments to clarify this provision.

7. HCD Comment: 21.23.030 (D) – Floor Area Ratio – The Ordinance states, “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 neighborhood plan.” However, Government Code section 65852.2, subdivision (c)(2)(C), prohibits a local agency from imposing a “requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit with four -foot side and rear yard setbacks to be constructed in compliance with all other local development standards.” (Emphasis added.) If the primary dwelling is less than 1,600 square feet, the Ordinance, as it is currently written, would require an ADU of less than 800 square feet. The City must revise the Ordinance to eliminate this potential constraint on the size of an ADU addition and clarify that neither floor area ratio nor lot coverage would deny a minimum of 800 square foot ADU.

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Attachment: Campbell Response Letter (CC Report - ADU Interim Ordinance) City of Campbell HCD Response Letter Page 6 of 12

70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • E-MAIL [email protected]

Campbell Res ponse: The current ADU ordinance provides an allowance for an exception to the floor area ratio standards required for single -family developments as defined in defined in the Zoning Code. An exempt ADU of up to 800 square feet can exceed this required maximum floor are ratio as noted in Section 21.23.065(C). This is consistent with government code section 65852.2, subdivision (c) and subdivision (e). “Exemptions. Statewide exemption accessory dwelling units are exempt from the ot
herwise 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.” The City will make additional Ordinance amendments to clarify this provision.

8. HCD Comment: 21.23.030 (E), 21.23.100 (E) – Setbacks – The Ordinance requires, for detached ADUs, front setbacks of “the same standard as for the primary dwelling unit” and a “street side” setback of twelve feet; for attached or interior ADUs, the Ordinance requires “the same standard as for the primary dwelling unit”. It later states “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).”
However, Government Code section 65852.2, subdivision (a)(1)(D)(vii), states “No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.” Any converted unit may not be subject to setback requirements, whether the structure converted is part of the primary dwelling or a detached accessory structure. Be further advised that “street side” is not a term addressed in statute; only front, rear and side setbacks may apply to any unit. Lastly, Government Code section 65852.2, subdivision (c)(2)(C), prohibits a requirement for “front s etbacks… for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit with four -foot side and rear yard setbacks.” The City must clarify that all ADUs are subject to no more than four feet side and rear setbacks, that converted units are not subject to setback requirements, that front setbacks may not preclude any unit 800 square feet or smaller, and that “street side” setbacks do not apply to ADUs.

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Attachment: Campbell Response Letter (CC Report - ADU Interim Ordinance) City of Campbell HCD Response Letter Page 7 of 12

70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • E-MAIL [email protected] Campbell Response:
a) Street Side Setback: The City will amend its Ordinance to reduce side setbacks, including street side, to 4- feet to align with state law . However, in order to address potential health and safety issues, the City shall retain setback provisions in order to ensure adequate site visibility for pedestrian and vehicular safety, prohibiting the construction or placement of an ADU or another building within the triangular areas of a property as depicted in Figur es 3-1 and 3 - 2 of Section 21.18.060 (
Fences, walls, lattice and screens) of the Campbell
Municipal Code regardless of its exempt status.
b) Statewide Exempt ADU Setback: The current ADU ordinance provides an a
llowance for an exception to the front setback standards required for single - family developments as defined in defined in the Zoning Code. An exempt ADU of up to 800 square feet can encroach into the front setback as noted in Section

21.23.065(C). This is consistent with government code section 65852.2, subdivision (c) and subdivision (e).
“Exemptions. Statewide exemption accessory dwelling units are exempt fr
om the otherwise required (1) front setback, (2) building se paration, (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.”
The City will make additional Ordinance amendments to clarify this pr ovision.
c) Setbacks for interior ADU/JADU within legal non- conforming primary dwellings: The City will amend the Ordinance to clarify that while attached ADUs cannot maintain a legal non -conforming setback, i nterior ADUs located entirely within the footprint of an existing legal non-conforming dwelling may utilize the current non-conforming setbacks.

9. H CD Comment: 21.23.030 (E) – Building Separation – The Ordinance requires a building separation of ten feet from the primary dwelling unit if the ADU is in front or behind the primary. The same standards are required for separation between an accessory structure and the ADU. However, local standards provided by the Ordinance pursuant to Government Code section 65852.2, subdivisions (a) through (d), may not preclude ADUs c reated under Government Code section 65852.2, subdivision (e).

Therefore, any unit subject to subdivision (e) would be exempt from this requirement.

The City must note the exception.

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Attachment: Campbell Response Letter (CC Report - ADU Interim Ordinance) City of Campbell HCD Response Letter Page 8 of 12

70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • E-MAIL [email protected] Campbell Response : The current ADU ordinance provides an allowance for an exception to the building separation standards required for single -family developments as defined in defined in the Zoning Code. An exempt ADU of up to 800 square feet can exceed this required minimum building separation as noted in Section 21.23.065(C).

This is consistent with government code section 65852.2, subdivision (c) and subdivision (e).
“Exemptions. Statewide exemption accessory dwelling units are exempt from the othe
rwise 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.”
The City will make additional Ordinance amendments to clarify this provision.

10. H CD Comment : 21.23.030 (G) – Size Maximums – The Ordinance states “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….” However, interior ADUs created pursuant to Government Code section 65852.2, subdivision (e), from proposed or existing space of the single -family residence or the existing accessory structure, do not have size maximums. The City must remove this size maximum on interior accessory dwelling units.

Ca
mpbell Response : The City requests further clarification from HCD regarding their interpretation of Gov. Code 65852.2(e). Specifically, the City seeks to ascertain whether this interpretation could allow the complete conversion of a primary dwelling unit into an ADU, and requests feedback concerning a size threshold, beyond which an ADU would cease to be categorized as "accessory" to the primary dwelling. To facilitate the formulation of an amendment to the Ordinance, the City asks that HCD to provide a specific numeric ratio for consideration.

11. H CD Comment : 21.23.030 (I)(2) – Underlying Zoning & Height – The Ordinance states that for attached ADUs “the height of an attached accessory dwelling unit shall not exceed that specified by the applicable zoning district and/or area or neighborhood plan.” However, Government Code section 65852.2, subdivision (c)(2)(D)(iv), requires “A height of 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower.” Therefore, a conflict could arise if a primary building’s height is lower than a height allowed in current zoning plans, etc. The City should change the language to permit a height of 25 feet or no lower than the primary dwelling structure.

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Attachment: Campbell Response Letter (CC Report - ADU Interim Ordinance) City of Campbell HCD Response Letter Page 9 of 12

70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • E-MAIL [email protected]

Campbell Response : The height allowances in the applicable zoning district and/or area or neighborhood plan as specified in 21.23.030 (I)(2), exceed 25 feet, and therefore the Ordinance as written is more permissive than S tate law as referenced. The City will amend the Ordinance to add language that directly specifies the height allowances as they pertain to ADUs.

12. H
CD Comment : 21.23.040 (A) and (B) – JADU Siting – The Ordinance allows JADUs “…within the allowable floor area of [a] detached accessory dwelling unit.” However, Government Code section 65852.22, subdivision (a)(4), requires all JADUs “…to be constructed within the walls of the proposed or existing single -family residence. For purposes of this paragraph, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single -family residence.” Therefore, while attached ga rages may be converted to a JADU, a detached ADU may not. The City must amend the language to comply with statute.

Campbell Response:

The City is seeking additional clarification from HCD regarding its understanding of Gov. Code 65852.22 and the rationale for proposing restrictions on the City's ADU ordinance. Presently, Campbell's ADU Ordinance permits the construction of JADUs within a specific portion of detached ADUs, which is a more permissive allowance than set forth in the government code. We request justification for the proposed limitation to align the local regulations with the state guidelines.

13. H CD Comment : 21.23.040 (G) – Owner Occupancy – The Ordinance states “a property with a junior accessory dwelling unit shall be occupied by the property owner…” However, Government Code section 65852.22, subdivision (a)(2), states “Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.” The City must note the exception.

Campbell R
esponse: The City will amend the Ordinance to include the relevant language referenced under Government Code section 65852.22, subdivision (a)(2) to disclose this allowance.

14. H CD Comment : Section 21.23.060 – Historic Resource Inventory – The Ordinance creates special rules for ADUs “on the historic resource inventory”. This is not defined in the Ordinance. Government Code section 65852.2, subdivision (a)(1)(B), allows “standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources.” The Ordinance must define “the historic resource inventory” with reference to the California Register of Historical Resources to prevent conflict with state law.

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Attachment: Campbell Response Letter (CC Report - ADU Interim Ordinance) City of Campbell HCD Response Letter Page 10 of 12

70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • E-MAIL [email protected] Campbell Response : The City will make amendments to the Ordinance to explicitly state that the special provisions granted to ADUs on historic properties will exclusively apply to properties listed on the California Register of Historical Resources in conformance with Government Code section 65852.2, subdivision (a)(1)(B),

15. HCD Comment:

21.23.065 (C) – Exemption Negation – The Ordinance discretely lists the local design requirements that “exempt units” are exempted from, then notes “All other standards, requirements, and restrictions of this Chapter shall continue to apply.” However, no local design or development standards may preclude any unit subject to Government Code section 65852.2, subdivision (e). The City must remove this section.

Campbell Response: T
he Ordinance will be amended to add language that provides a clearer explanation that the allowance for a “statewide exemption ADU” as described in the HCD ADU Handbook (Updated July 2022) already exists within the Ordinance and aligns with Government Code section 65852.2, subdivision (e). No standards shall be applied to ADUs which meet the minimum criteria for a “statewide exemption ADU” including front setback, building separation, floor area ratio, lot coverage, open space, and any design requirements.

16. HCD Comment : 21.23.
070 (F) – “New Dwelling” – The Ordinance states “…if 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.” However, Government Code section 65852.2, subdivision (a)(1)(D)(xii) states “Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a require ment for fire sprinklers to be installed in the existing primary dwelling.” Therefore, the City must remove this section.

Campbell Response: Th
e City will amend the Ordinance to provide improved clarity that the requirement for fire sprinklers in “new dwelling using portions of the original structure” applies renovation and remodeling activities associated with the primary dwelling and not the creation of an ADU or JADU itself. Instead, the mandate is primarily linked to the distinct renovation or remodeling activities undertaken on the p
re-existing primary dwelling unit.

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Attachment: Campbell Response Letter (CC Report - ADU Interim Ordinance) City of Campbell HCD Response Letter Page 11 of 12

70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • E-MAIL [email protected]

ADDITIONAL COMMENTS

In order to assist the City in responding to HCD’s requested amendments to the ADU Ordinance, city staff would like to seek additional technical guidance from HCD concerning the following two areas:

1. Number of Statewide Exemption ADUs : Currently, the City's Ordinance allows only one (1) ADU to benefit from the HCD Handbook's "statewide exemption ADU" concept. However, there is a possibility that HCD is suggesting that the combination of ADUs listed in government code section 65852.2, subdivision (e) is allowed in conjunction with each other. This could mean that it may now be feasible to develop one (1) interior ADU along with one (1) detached or attached ADU, both meeting the minimum criteria for the "statewide exemption ADU" and being exempt from certain development standards as described in government code section 65852.2, s ubdivision (c)(2)(C).

In essence, this would make it possible to have two (2) ADUs that qualify for the "statewide exemption ADU" criteria instead of just one (1), which was previously believed by the City. In short, t he City is looking for clarification from HCD on the total number of allowed “statewide exemption ADUs.”

2. SB-9 Implications: The City would also like technical guidance from HCD concerning how the requested ADU Ordinance amendments may affect the City's local implementation of SB -9. As adopted by City Council Ordinance No. 2286, Campbell's SB-9 ordinance is designed to impose limitations on the total number of units that can be developed in accordance with the law.

Specifically, the city is seeking input concerning if all the ADUs liste d in government code section 65852.2, subdivision (e) can be allowed in conjunction with an SB 9 project that would lead to a total of five (5) units, instead of the previously allowed four (4) as described in government code section 66411.7, subdivision s (f) and (j). This could consist of two (2) primary single-family dwellings, one (1) interior ADU, one (1) detached or attached ADU, and one (1) JADU, resulting in a total of five (5) units. This directly contrasts with the earlier limit of four (4) units set by S tate law described in government code section 66411.7, subdivisions (f) and (j), and further elucidated on page 6 of the 2022 HCD SB -9 Fact Sheet . The City is looking for clarification from HCD on the total number of allowed ADUs in conjunction with an SB-9 Application.

We appreciate the feedback provided by HCD to ensure that the City of Campbell’s ADU ordinance maintains consistency with State law . We look forward to receiving the requested clarification on the above points, allowing the City to move forward with the required amendments to the ADU Ordinance. P lease feel free to contact our Assistant Planner, Larissa Lomen at [email protected] if there are any specific areas of concern or if you require

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Attachment: Campbell Response Letter (CC Report - ADU Interim Ordinance) City of Campbell HCD Response Letter Page 12 of 12

70 North First Street • Campbell, CA 95008-1423 • TEL (408) 866-2140 • E-MAIL [email protected] further updates on our progress. We look forward to presenting a draft revised ADU ordinance for HCD review pending further communication.

Respectfully,

Rob Eastwood
Community Development Director

cc: William Seligman. City Attorney
Daniel Fama, Senior Planner
Larissa Lomen, Assistant Planner

Enclosure: 2023 Redlined ADU Ordinance

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Attachment: Campbell Response Letter (CC Report - ADU Interim Ordinance)

City
Council
Report

TITLE: Approval of the Cities Association of Santa Clara County’s Proposed Joint Powers Agreement (JPA) and Authorization for the City Manager to Execute the JPA

RECOMMENDED ACTION

That the City Council approve the Cities Association of Santa Clara County's proposed Joint Powers Agreement (JPA) to establish the Cities Association of Santa Clara County Joint Powers Agency and authorize the City Manager to execute the JPA.

BACKGROUND

Over thirty years ago, the cities and towns in Santa Clara County (“Member Agencies”) established the Cities Association of Santa Clara County (“ CASCC”) to improve cooperation on issues of common interest. The CASCC was intended to consolidate and maintain the functions and purposes of the Inter -City Council, the Santa Clara County Mayor’s Conference, and the City Selection Committee for Santa Clara County.

In August 2020, its Board of Directors unanimously voted to take the steps necessary to form a joint powers authority to provide a more formal and recognized structure for CASCC and clarity regarding tax status, governmental immunities, and potential liability of the Members. To form a joint powers authority, a joint powers agreement (“ JPA”) must be approved by the CASCC Board of Directors and then executed by each Member Agency that wishes to join the joint powers authority, which would be called the Cities Association of Santa Clara County Joint Powers Agency (“Agency”).

The CASCC conducted outreach and solicited input on the proposed draft JPA over the past two years. CASCC representatives presented a draft JPA at the Santa Clara County City Managers Association (“SCCCMA”) meeting on October 12, 2022.

Following that meeting, the City Managers submitted a list of 17 questions regarding the JPA to CASCC representatives. Due to changes in CASCC over the last year, including a new General Counsel and the rotation of new City Council Board representatives, the answers to those questions were not completed until August 2023. These responses were circulated to the SCCCMA members (see Attachment A).

On August 9, 2023, CASCC representatives again met with the SCCCMA to discuss the responses to the October 12, 2022 questions and the answers document, review the draft JPA, and receive additional input. At the August 9, 2023 meeting, the CASCC Item: 16
Category: NEW BUSINESS
Meeting Date: November 7, 2023
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Cities Association of Santa Clara County Proposed JPA Page 2 of 3 representatives responded to the concerns raised by the City Managers and further edits were made to the draft JPA.

On September 14, 2023, the CASCC Board received the updated draft JPA that included edits that responded to comments of the City/Town Attorneys and City Managers. With these edits, the CASCC Board unanimously approved transmittal of the draft JPA to the City Councils for each of the proposed Member Agencies for their consideration (see Attachment B).

On October 3, the City Council conducted a Study Session on the proposed JPA, and received a presentation from CASCC staff and an Executive Board representative.

Based on the discussion and positive feedback at the Study Session , the proposed JPA agreement was scheduled to be considered for approval by the City Council at this meeting.

DISCUSSION

Upon formation of a JPA, the governing board would update its existing bylaws that govern its operation. In conjunction with the future bylaws for the Agency, the CASCC plans to prepare a personnel policy handbook. The Agency would be charged with administering the City Selection Committee (“CSC”), which involves establishment of the application process, scheduling and holding meetings for appointments to be made, keeping track of committee and board appointments, terms, and resignations, coordinating with the County Clerk , and disseminating meeting minutes, and troubleshooting, where necessary.

Advantages arising from the formation of the Agency include:

• Access to insurance and risk pools that are not currently available to an unincorporated association;
• Access to sponsorship and donation opportunities;
• Clarification of liability issues; and
• Clarification of the organization’s tax status.

FISCAL IMPACT

Membership dues are based on the size of each Member Agency and F iscal Year 2025 membership dues are proposed to see no increase. It is anticipated that legal costs would be reduced after the adoption of the JPA and the JPA will use sponsorships and donations to underwrite the costs of programs and events. In the event not all 15 cities join the Agency, the F iscal Year 20 25 budget proposal would preserve the same membership dues.

ALTERNATIVES

1. Do not approve the proposed JPA and provide further direction to staff. 16 Packet Pg. 269
Cities Association of Santa Clara County Proposed JPA Page 3 of 3 Prepared by:

Angelique Gaeta Assistant City Manager
Approved by:

Brian Loventhal, City Manager
Attachment:
a. Answers to Member Agencies City Manager Questions
b. CASCC Proposed JPA Redlined Version
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Answers to City Managers Questions re: Cities Association of Santa Clara County (“CASCC”) and Proposed Joint Powers Authority (“JPA”) August 7, 2023 GENERAL Question #1. a.: What do we want this organization to be? Answer #1. a.: The goals and purposes of the organization will not change. Here are the stated goals of the CASCC: • To review, study, develop consensus positions, and recommend on issues of interest to Santa Clara County cities; • To develop a common agenda for Santa Clara County cities; • To serve as a unified voice for Santa Clara County cities in relationship to other agencies, organizations, and levels of government, including the Peninsula Division of the League of California Cities; • To serve as the City Selection Committee pursuant to Government Code section 50270 et seq. and make appointments to regional and local bodies as provided by law; • To assist in the development of state-wide legislative policy through the structure of the League of California Cities; • To serve as a source of education, information, and networking for officials from all cities in Santa Clara County; • To provide a forum for non-city individuals, groups and organizations, and the private sector to address items of interest to Santa Clara County cities. And here are the stated purposes of the proposed JPA: 1. Review, study, develop consensus positions, and take action on issues of interest to Members; 2. Focus on local and regional matters that are important to our future; 3. Develop a common agenda for Santa Clara County cities; 4. Serve as a unified voice for Santa Clara County cities in relationship to other agencies, organizations, and levels of government; 5. Establishthe City Selection Committee pursuant to Government Code Section 50270 et seq., as amended and make appointments to regional and local bodies as provided by law; 6. Serve as a source of education, information, and networking for officials from all cities in Santa Clara County; 7. Provide a forum for non-city individuals, groups and organizations and the private sector to address items of interest to Santa Clara County cities; 8. Reduce duplication of effort by sharing information and provide a unified voice and strong advocacy on legislation and other important issues that affect its Members; 9. Strengthen the Members’ and Agency’s standing at the regional, State and Federal level; 10. Strive to respect local control, provide regional perspective, and make a difference to elevate the quality of life throughout the County;

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Attachment: Answers to Member Agencies City Manager Questions (Cities Association of Santa Clara County Proposed JPA) ANSWERS TO CITY MANAGER’S QUESTIONS RE: CASCC JPA August 7, 2023 2

11. Provide a forum for discussion and study of problems common to the Members and to assist in the development and implementation of solutions to such problems; 12. Provide a method for the Members to collaborate and jointly develop policies that benefit the region; and 13. Collaborate in such a way that is efficient, saves the jurisdictions the expense of individual effort, and creates positive outcomes. Question #1. b.: What are the goals in forming this separate JPA as opposed to something less structured? Answer #1. b.: Currently, the CASCC is an unincorporated association under the California Corporations Code. Since its creation, the member agencies have executed some agreements to provide a bit more structure to the association. In 1990, the CASCC’s member cities also entered into an agreement governing the operation of the organization, later amended on June 30, 1995. A copy of that Agreement is attached. As authorized by this Agreement, the CASCC has also adopted bylaws, available on the organization’s website. The existing Agreements set forth a structure that is similar to what a Joint Powers Agreement would establish for a JPA. If the Cities Association becomes a JPA, neither the purpose nor the budget process would change. However, the JPA structure addresses concerns that have been raised about the CASCC such as liability and insurance. The JPA would have access to insurance that is not currently available. Governmental immunities would apply to the JPA that do not apply to an unincorporated association. A JPA would also clarify the tax status of the organization. The governance and organizational structure are also familiar to the members. Question #1. c. How is forming the JPA furthering those goals. Answer #1. c.: The most effective CASCC is one that is permanent, has governmental immunities to liabilities and employs an organizational structure that is both equitable and highly functional. Also, it will insulate the individual city/town members from future individual liability that an unincorporated association would arguably not do. The CASCC has accomplished much in the past and can accomplish many of the same programs and should the Board of Directors wish to, additional tasks with the new, permanent structure. In addition, the formation of a JPA eliminates potential tax issues as governmental entities are generally not subject to federal and State tax-related requirements. Question #2: Are there better organizational forms such as public benefits corporation or nonprofit organization? CASCC previously considered both a 501 (c) (4) non-profit social welfare organization and a JPA. In 2020, the Board of Directors chose to pursue a JPA based on factors, such as the time and cost of forming the new entity and the compatibility of the JPA structure and membership of

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Attachment: Answers to Member Agencies City Manager Questions (Cities Association of Santa Clara County Proposed JPA) ANSWERS TO CITY MANAGER’S QUESTIONS RE: CASCC JPA August 7, 2023 3 the association. Considering the events that have transpired since the Board of Directors made the decision in 2020, we are even more convinced the JPA structure is best suited to the needs of the CASCC for the reasons stated above and the fact that the CASCC members are elected Council members appointed by their respective agencies and the CASCC administers the Cities Selection Committee. Question #3: What models/example joint powers agreements were used to develop the proposed CASCC JPA? Answer #3: The proposed JPA was developed by the two prior General Counsels, including Gary Baum, and he utilized the following examples: Silicon Valley Regional Interoperability Authority JPA (click on JPA document link) https://svria.org/resources/documents/ Silicon Valley Animal Control Authority JPA (click on JPA link) https://www.svaca.com/about-us Question #4: What issues, structural or otherwise, is the association facing that can only or uniquely be solved by the formation of a JPA? The JPA would provide a governmental structure for the CASCC. As a JPA, the CASCC would have governmental immunities and the liability of its members would be clarified. The JPA would have also access to some risk pools that insure governmental entities. The JPA structure itself would create a backbone of organization by clearing setting forth the scope of the JPA’s authority. See answer to Question 1c above. Question #5: Are there examples of issues that the JPA can address, particularly that cannot be accomplished through a less formal structure? See answers to Questions #3 and #4. Collaboration amongst our cities is one of the key advantages of the CASCC, which helps to strengthen our region. It is noteworthy, that in a county as populous and diverse as Santa Clara County, our cities have been able to come together and have some notable successes that could only have happened through CASCC. For example, the work of the CASCC during the COVID-19 pandemic resulted in a stronger partnership with our County, paving the way for greater trust and collaboration in the future. In recognition of their hard work, the CASCC was awarded the President’s Medal for Exemplary Service During the COVID-19 Pandemic by the SCC Board of Supervisors. Also, our cities collectively implemented ordinances to ban single-use plastic bags in each of our cities. Perhaps one of the most timely advantages of the CASCC and JPA membership would be the ability to apply for regional and statewide grants, such as the

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Attachment: Answers to Member Agencies City Manager Questions (Cities Association of Santa Clara County Proposed JPA) ANSWERS TO CITY MANAGER’S QUESTIONS RE: CASCC JPA August 7, 2023 4 multi-year Reagional Early Action Planning (REAP) Grant from ABAG. CASCC contracts with Community Planning Collaborative to lead this effort. Currently, all of our cities benefit from the technical assistance provided by the Planning Collaborative. Formed in October of 2019, the Santa Clara County Planning Collaborative is a shared effort among the county's jurisdictions to help address the region's housing challenges. The jurisdictions, by working together collaboratively, save money, time, and resources by sharing information and capacity; maintain & facilitate relationships with non-profits, affordable housing advocates, and key governmental organizations. For cities that are part of the JPA, they would be able to participate in sessions with legislators and other councilmembers to benchmark and share ideas. They would also have the opportunity to vote and advocate on issues together with their fellow cities. During COVID, different groups were able to reach out to the Cities Association knowing they would be able to reach all 15 cities. Also, having a group with all 15 cities participating would complement the SCC City Managers and City Attorneys groups. Question #6: The primary purpose or goal of the formation described today (10/12/22), was for all cities to continue to participate. If that is the case will the final document be able to be ratified without each of the cities consenting? The CASCC functions best when all cities and towns within the County are members. Each of the individual Council members who serve on the CASCC board will present the JPA to their respective agencies for approval with the goal of having all the current members cities and towns participate in the JPA. It is important to note that all cities and towns would continue to participate in the City Selection Committee (CSC) even if they are not members of the JPA. Government Code Section 50270 designates the mayors of all cities and towns within the County to serve on the CSC. The purpose of the CSC is to appoint city representatives to boards, commissions, and agencies as required by law. In Santa Clara County, CASCC houses the CSC and takes responsibility for all the administrative tasks related to the CSC. While it is the goal of the CASCC and the JPA process that all cities and towns become members, the JPA is drafted so that it becomes effective once eight members join. Should the number of members fall below 7 then Article 4 of the JPA would apply: After one full year after the initial formation of the Agency, should the membership fall below seven (7) Members due to the withdrawal of Members and the membership level remains at below seven (7) Members for a period of at least one (1) year and a similar JPA, with the same or similar powers and functions is formed containing a majority of cities in the County of Santa Clara, the Agency shall change its name and permit the new organization to take on the name of the Agency. Notwithstanding

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Attachment: Answers to Member Agencies City Manager Questions (Cities Association of Santa Clara County Proposed JPA) ANSWERS TO CITY MANAGER’S QUESTIONS RE: CASCC JPA August 7, 2023 5 the name change, this Agreement shall continue in effect until terminated as provided herein. The termination of this Agreement with respect to an individual Member upon its withdrawal from membership in the Agency shall not operate to terminate this Agreement with respect to the remaining Members. Note, this provision was added at the request of the City/Town Attorneys all of which provided input into the final draft of the JPA. FISCAL MANAGEMENT Question #1: How will member agencies be able to review proposed annual budget and proposed assessments in advance of adoption by the JPA board? Answer: #1: Like the process set forth in the bylaws and the process followed by the SVRIA, section 8.3.5 of the JPA requires the Board of Directors to adopt its budget by April 30 of each year. This process is designed to ensure that city/town members can consider and incorporate any increase or decrease in their dues into their budget planning before they are required to adopt their own budgets. Only the Board of Directors may adopt the budget at a publicly noticed meeting, the Executive Committee may not adopt the budget. Notice of proposed budget figures will be sent to the City Managers in advance of any budget adoption meeting. If April 30 is too late for city/town budget planning, an alternative date of March 30 could be considered. Question #2: Is it assumed that the dues structure/formula will be determined after approval of the JPA, or will this be established in advance of approval? Answer: #2: While the dues will be established after approval of the JPA, no significant increases are anticipated. The adoption of any dues structure or formula would need to be considered as part of the annual budget process. The dues’ structure and related provisions will be incorporated into the bylaws for the JPA. The CASCC will share information regarding its proposed budget and dues as soon as possible in each budget cycle, and will share with its member cities and towns, their elected officials, and city managers in a transparent manner. The goal is to submit next year’s fiscal year budget, with the final Joint Powers Agreement, in December 2023. Question #3: How will the JPA address disagreements on the dues structure, particularly if dues will increase with a JPA? Answer #3: It is neither assumed nor anticipated that the dues will increase because of the change in organizational structure. It is anticipated that annual dues will increase to reflect cost

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Attachment: Answers to Member Agencies City Manager Questions (Cities Association of Santa Clara County Proposed JPA) ANSWERS TO CITY MANAGER’S QUESTIONS RE: CASCC JPA August 7, 2023 6 of living increases. As set forth in the current bylaws, the Board adopts a budget every year in the same timeline as its member agencies and a majority vote is required to adopt a budget. Question #4: Has the association considered CalPERS costs in a potential JPA? Answer#4: Yes, CASCC has considered this matter. CASSC obtains services from independent contractors and does not have employees. CalPERS membership is not mandatory for a JPA. The JPA has been drafted to address this issue and specifically states the JPA will not contract with CalPERS. See JPA provision 14.1.5: 14.1.5 The Agency shall not contract with or become a member of the California Public Employees Retirement System (“PERS”), nor shall any employee of the Agency become a member of PERS or be entitled to a pension or retirement from PERS because of service to the Agency; and In addition, the following change will be made to the JPA to address the issue: 14.1.6 The Agency shall not contract with or provide any pension to any employee of the Agency, nor shall any employee of the Agency be entitled to a pension or retirement Benefits, aside from Social Security as a result of service to the Agency. Question #5: What is the extent of the Dissolution Plan and Tax Liability and who will be responsible? Answer #5: The Dissolution Plan for CASCC has been discussed by the City/Town Attorney’s group and researched by a few of its members. A consensus on the approach to dissolution has been reached with the City/Town Attorney’s Group. Article 5 of the JPA it states: “Upon formation of the Agency as described in Article 4, the Cities Association of Santa Clara County, an unincorporated association shall follow the process of dissolution and cease to exist.” The CASCC will follow the procedure for dissolution set forth in California Corporations Code Section 18410. Upon approval of the JPA by eight Members, the current CASCC Board of Directors will pass a resolution following the Corporations Code procedure and transfer the assets and liabilities of CASCC. The City/Town Attorneys discussed the possibility of only transferring the assets and not the liabilities of CASCC. However, the consensus of this group was that this approach may be rejected by the courts so that path is not recommended and will not be followed. PERSONNEL MANAGEMENT Question #1: Who is responsible for evaluating the performance of the Executive Director, and taking any associated personnel action?

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Attachment: Answers to Member Agencies City Manager Questions (Cities Association of Santa Clara County Proposed JPA) ANSWERS TO CITY MANAGER’S QUESTIONS RE: CASCC JPA August 7, 2023 7 Statement #1: Difficult personnel issues can occur in any organization. It is in everyone’s interest to establish a structure for handling such issues in advance of actual situations. Response to Statement #1: Agreed. Answer#1: The Executive Director provides services to CASCC as an independent contractor. Only a majority of the Board of Directors may take action regarding the contract of the Executive Director or any performance evaluation process. The JPA will be modified to clarify this issue. Just to reiterate from Question 4 above, all services provided to CASCC will be through independent contractors, not salaried employees. DECISIONMAKING Question #1: How will the JPA determine whether to pursue new initiatives, such as grants, that may not clearly exceed the $50,000 Significant Programs threshold? How will the JPA determine its ability to perform its associated responsibilities? Answer #1: The JPA at Article 15 Substantial Programs states: If the Board desires to create significant programs or activities which will utilize substantial resources of the Agency, it shall do so by a vote of the Board. Substantial resources and significant program or activity shall be defined as any program or activity requiring $50,000 or more in annual expenditures, this amount shall be increased by the annual cost of living CPI index. Any new significant program or activity shall require a work plan and a two-thirds vote of the Members in order to be initiated. When a new significant program is intentionally designed to be limited in scope, such that it only provides benefits to particular Members, the Agency may enter into specific program or project Agreement that includes relevant terms, by the particular affected Members and any such Agreement shall be approved by the Board prior to or at the same time as formation of the significant program. These Agreements shall be subject to approval by the Board of Directors by a two-thirds vote of the Members. First and foremost, the JPA’s programs and activities will be limited to its available budget. If a new initiative or grant becomes available, the Board would discuss the level of interest at a public meeting and whether it should pursue it.

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Attachment: Answers to Member Agencies City Manager Questions (Cities Association of Santa Clara County Proposed JPA) ANSWERS TO CITY MANAGER’S QUESTIONS RE: CASCC JPA August 7, 2023 8 Second, the CASCC also intends to amend this JPA provision to define a Substantial Program as as any program or activity requiring $10,000 or more (subject to CPI adjustments) - rather than $50,000 or more - in annual expenditures, in order to exercise greater fiscal oversight. Statement #1: For example, the SVRIA JPA establishes a Working Committee with specified composition, that is responsible for recommending a budget, accepting grants, and awarding contracts, as well as recommending an Executive Director. Response to Statement #1: The Executive Committee performs a similar role to that of SVRIA’s Working Committee, but its powers have been limited based upon input from the City Managers and City/Town Attorneys. Should the CASCC Board of Directors wish to create a new committee, such as the Working Committee with significant powers, the concept, scope, staffing and resources implications would need to be considered by the Board of Directors. While SVRIA is a JPA model that was considered in the formation of the CASCC JPA, it should be noted that SVRIA’s annual budget exceeds $5 million (for FY 23 and beyond). By comparison, the CASCC annual budget is currently under $300K. Currently, it is sufficient for the Executive Committee to perform some, not all, functions of the SVRIA Working Committee. At some point in the future, the CASCC Board of Directors may consider formation of a Working Committee, and may choose to do so with input from the City Managers and/or the City Attorneys. Question #2: How will the JPA determine its position and activities related to legislative advocacy? How will individual Director’s responsibility to the JPA be reconciled with positions of their respective agencies? Answer #2: Role of the Legislative Action Committee (“LAC”) LAC advocates on behalf of all 15 cities on issues of mutual interest, provides legislative updates to cities, and organizes emergency responses to urgent issues. LAC acts as the convening body for all 15 cities to discuss and take positions on legislative bills, and local and state measures (“Bills/Measures”). The LAC meetings allow for collaboration, advocacy, and education. It allows the cities to delve into an issue and discuss how the issue may affect their cities. LAC is also guided by the Legislative Guiding Principles and the Housing Position Paper, which were both adopted by the Cities Association Board and aim to be representative of all 15 cities. Benefit to cities from LAC Cities benefit from the LAC in many ways. An organization consisting of 15 cities with over 1.9 million residents has a louder and more impactful and effective voice compared to each city advocating on its own behalf, especially smaller cities. Legislators have said repeatedly that they pay attention to the positions taken by the Cities Association. Legislators and local groups

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Attachment: Answers to Member Agencies City Manager Questions (Cities Association of Santa Clara County Proposed JPA) ANSWERS TO CITY MANAGER’S QUESTIONS RE: CASCC JPA August 7, 2023 9 seek the Cities Association’s endorsement because they understand the importance and influence of an endorsement from the Cities Association. LAC also provides an opportunity for legislators to present an idea for a potential Bill/Measure and solicit feedback on how such a Bill/Measure may impact cities, or what provisions would cities support/oppose. This is also a great opportunity for Cities to weigh in and give feedback to help shape a bill before it moves forward. Legislators/groups have also shared that it is much easier for them to come to Cities Association and reach all 15 cities at the same time than try to reach each Council individually. For many of the presentations, the legislators will attend the LAC meeting, which gives the cities face to face time with legislators. Another benefit is LAC provides a forum for cities to learn from each other, hear different perspectives, and better understand the potential impact of a Bill/Measure. Often, this results in the cities being better informed on the pressing issues happening at the state and local levels. Decision-making process for LAC The LAC agenda normally consists of (1) an educational item whereby a legislator or group presents on a potential or new Bill/Measure, the intent being to educate and answer any questions representatives may have, or (2) a few Bills/Measures for discussion and action, to recommend a position to the Cities Association Board. It is the Board that makes the final decision on the Cities Association’s position on a particular Bill/Measure. Some cities have the same Councilmember serve on LAC and the Board, while others will have different Councilmembers serve on each body. Therefore, although the discussion and presentation at the Board level is not as in depth as the LAC meeting, sometimes the discussion and vote at the Board level are different from what happened at the LAC meeting. LAC’s recommendation to the Board is based on what majority of the cities support. The practice is for the LAC Chair to communicate the recommended position to the full Board and include the minority position(s) or any concerns expressed during the discussion at the LAC meeting. One of the ways the CASCC communicates its position on a particular Bill/Measure is to send a letter to the applicable body. In recent years, the CASCC has made an effort to include the concerns of the “minority position” in the letter, and advocate that certain bills carve out an exemption for smaller cities, recognizing that all 15 cities are unique, diverse and range from populations of a few thousand to one million people. Every city has its own approach to how it votes on a Bill/Measure at a LAC meeting. Some cities will only vote on a Bill/Measure if their full Council has taken a position on the particular item. Other cities will vote on the item if it aligns with a position taken on a similar issue by its Council. If an item is not controversial like housing, then most cities will vote on the item, even if their full Councils have not considered the item.

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Attachment: Answers to Member Agencies City Manager Questions (Cities Association of Santa Clara County Proposed JPA) ANSWERS TO CITY MANAGER’S QUESTIONS RE: CASCC JPA August 7, 2023 10 How to make LAC even better The CASCC Executive Committee has continued to identify ways to improve LAC because of the value it provides to the cities. Here are some things we are already considering, and we welcome any suggestions you may have: -Need staff support to be better prepared for LAC meetings. This work can be time consuming as it requires analyzing bills, researching the support and oppose positions and legislative history, and tracking the status of the Bill/Measure. To date, this work has fallen to the LAC Chair, CASCC Executive Director, and/or the Board President’s staff. If cities, like San Jose, are willing to share their legislative staff with the CASCC, at no cost, it is worth exploring, provided the work is objective and does not reflect the position of that city. -Continue to do a better job of including the minority voices in our advocacy and any unique impacts to smaller cities. -Provide a LAC calendar at the beginning of the year that gives dates when LAC will be considering certain bills to give cities an opportunity to have their Councils take a position on the bill before it goes to LAC. -Have cities suggest bills they want LAC to consider. -Continue to have the Board members report back to their Councils and City Managers on the impactful and valuable work the CASCC is doing. Question #3: How does the organization work if/when not all cities join? If not all or enough members join, how does the association act as the appointing body for various regional commissions. Answer #3: The Agency will be formed once eight cities/towns approve the JPA (See JPA Article 8). The participating members would meet and operate as a JPA. Given Government Code provisions governing the CSC, all cities are permitted to participate in these Committee meetings and the appointment process even if they are not members of the JPA (See JPA Article 13). The JPA would continue to administer the CSC. At the request of the City/Town Attorneys provisions were added to Article 8 that after one year of formation should membership fall to less than seven members for a period of one year that the Agency is required to release the CASCC name to a new JPA should one be formed. On a related note, the Executive Committee is not activated until there are nine members, and it will then consist of three members, in order to address any potential ties in voting. If the JPA

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Attachment: Answers to Member Agencies City Manager Questions (Cities Association of Santa Clara County Proposed JPA) ANSWERS TO CITY MANAGER’S QUESTIONS RE: CASCC JPA August 7, 2023 11 has eleven or more members, the Executive Committee would then consist of five members (See JPA Article 11). The CASCC intends to amend JPA Article 11 to capture this approach. For cities that are part of the JPA, they would be able to participate in sessions with legislators and other councilmembers to benchmark and share ideas. They would also have the opportunity to vote and advocate on issues together with their fellow cities. During COVID, different groups were able to reach out to the Cities Association knowing they would be able to reach all 15 cities. Also, having a group with all 15 cities participating would complement the SCC City Managers and City Attorneys groups. Question #4: Does the proposed power of the executive committee have the potential to allow the executive board to make decisions at the expense of some or all of the members? Answer #4: The proposed JPA has been drafted to address concerns regarding the authority of the Executive Committee (formerly known as the “Executive Board”). Additional changes will be made to the JPA to clarify that the Executive Committee cannot make personnel decisions and that new powers can only be vested in the Executive Committee following a vote of the Board of Directors on the issue. The Executive Committee will not have the authority to make personnel decisions or decisions related to the contract for the Executive Director. The JPA currently reads as follows: at Article 11: “The Executive Committee may have additional powers delegated to it by the Board, except for the adoption of the Agency’s annual budget. Any additional powers and duties delegated shall be specified in a Resolution adopted by the Board. The Executive Committee shall provide notice to the Board before authorizing or conducting any investigations into the business of the Agency and before taking personnel action. These actions must be authorized by a majority vote of the Executive Committee.” The reference to personnel action will be removed and the Executive Committee will be prohibited from taking any personnel actions. Question #5 What is a situation where the association would need to issue debt, purchase land, or hire or terminate multiple employees? Answer#5: The provisions authorizing the JPA to issue debt or purchase land will be removed. It is unknown whether the Agency would ever need to hire or terminate an employee, but those decisions would be made by the Board of Directors and memorialized in a budget adopted by the Board of Directors, not the Executive Committee. (See answer to PERSONNEL MANAGEMENT #1)

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1 JOINT POWERS AGENCY AGREEMENT DRAFT FOR CITIES ASSOCIATION OF SANTA CLARA COUNTY This Joint Powers Agreement (“Agreement” or “JPA”) for the Cities Association of Santa Clara County is entered into by and among the cities (“Members”), which are organized and existing under the Constitution and laws of the State of California in which public agencies are located in the County of Santa Clara, and upon approval and full execution of the Agreement, creates the Cities Association of Santa Clara County Joint Powers Agency (“Agency”). RECITALS WHEREAS, Articles 1 and 2, Chapter 5, Division 7, Title 1 of the California Government Code (Section 6500 et seq.) permit two or more public agencies by agreement to jointly exercise powers common to the Members; and WHEREAS, the public agency Members executing this JPA are cities or towns within the jurisdiction of the County of Santa Clara (“County”); and WHEREAS, the Cities Association of Santa Clara County has existed as an unincorporated association since 1990 and desires to formalize the relationship between its City and Town members and form a Joint Powers Agency in order to carry out activities for the good of all its Members; and WHEREAS, the Members executing this Agreement, desire to join together to create a separate Joint Powers Agency for the purpose of promoting cooperation among the Members; advocating for positive action; enhancing the quality of life for the residents of the County and their individual cities; and encouraging other joint and cooperative endeavors among the public agencies for their mutual benefit. NOW, THEREFORE, the Parties agree to the following: AGREEMENT ARTICLE 1 - DEFINITIONS 1.1 “Associate Member” shall mean any non-city local agency, located within jurisdictional authority of the County of Santa Clara, and shall have duly executed and delivered to the Agency an Associate Membership Agreement in the form of and as further provided in the Bylaws of the Agency, as further provided in Article 32 herein. 1.2 “Agency” shall mean the Cities Association of Santa Clara County Joint Powers Agency created by this Agreement. 1.3 “Board of Directors” or “Board” shall mean the governing body of the Agency. 1.4 “Executive Committee” shall mean the Executive Committee of the Board of Directors of the Agency.

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2 1.5 “Fiscal Year” shall mean that period of twelve (12) months which is established by the Board of Directors or the Bylaws as the fiscal year of the Agency, which shall run from July 1 to June 30 of each year. 1.6 “Government Code” shall mean the California Government Code, as amended. 1.7 “Joint Powers Law” shall mean Articles 1 and 2, Chapter 5, Division 7, Title 1 (commencing with Section 6500) of the Government Code, known as the Joint Exercise of Powers Act, as amended. 1.8 “Legislative Body” shall mean the legislative board of each Public Agency that is a Member of the Agency. 1.9 “Member” shall mean any city which has executed this Agreement and has become a member of the Agency. The complete list of Members is set forth in Exhibit “A” attached hereto and incorporated herein by this reference. 1.10 “Parties” shall mean Members or Associate Members who are party to this Agreement. 1.11 “Public Agency” shall mean public agency as defined in Government Code Section 6500, as amended. 1.12 Unless the context clearly requires otherwise, as used in this Agreement, words of the masculine, feminine or neutral gender shall be construed to include each other gender, when appropriate, and words of the singular number shall be construed to include the plural number, and vice versa, when appropriate. This Agreement and all the terms and provisions herein shall be construed to effectuate the purposes set forth and to sustain the validity of those purposes. ARTICLE 2 - CREATION AND PURPOSES 2.1 This Agreement is entered into by the Members in order to: 2.1.1 Review, study, develop consensus positions, and take action on issues of interest to Members; 2.1.2 Focus on local and regional matters that are important to our future; 2.1.3 Develop a common agenda for Santa Clara County cities; 2.1.4 Serve as a unified voice for Santa Clara County cities in relationship to other agencies, organizations, and levels of government; 2.1.5 Establish and administer the City Selection Committee pursuant to Government Code Section 50270 et seq., as amended and make appointments to regional and local bodies as provided by law; 2.1.6 Serve as a source of education, information, and networking for officials from all cities in Santa Clara County;

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3 2.1.7 Provide a forum for non-city individuals, groups and organizations and the private sector to address items of interest to Santa Clara County cities; 2.1.8 Reduce duplication of effort by sharing information and provide a unified voice and strong advocacy on legislation and other important issues that affect its Members; 2.1.9 Strengthen the Members’ and Agency’s standing at the regional, State and Federal level; 2.1.10 Strive to respect local control, provide regional perspective, and make a difference to elevate the quality of life throughout the County; 2.1.11 Provide a forum for discussion and study of problems common to the Members and to assist in the development and implementation of solutions to such problems; 2.1.12 Provide a method for the Members to collaborate and jointly develop policies that benefit the region; and 2.1.13 Collaborate in such a way that is efficient, saves the jurisdictions the expense of individual effort, and creates positive outcomes. ARTICLE 3 - PARTIES TO AGREEMENT Each Member, as a Party to this Agreement, intends to and does contract with all other Members as Parties to this Agreement and, with other Public Agencies as may later be added as Parties to this Agreement pursuant to the Joint Powers Law. The withdrawal of any party from this Agreement, pursuant to Article 20, shall not affect this Agreement or the remaining Members’ obligations. ARTICLE 4 – FORMATION; TERM This Agreement shall become effective when fully executed and returned to the Agency by at least eight (8) Members, but only as to those Members that have executed the Agreement. The Agency shall promptly notify all Members in writing of the effective date. After one full year after the initial formation of the Agency, should the membership fall below seven (7) Members due to the withdrawal of Members and the membership level remains at below seven (7) Members for a period of at least one (1) year and a similar joint powers authority, with the same or similar powers and functions is formed containing a majority of cities in the County of Santa Clara, the Agency shall change its name and permit the new organization to take on the name of the Agency. Notwithstanding the name change, this Agreement shall continue in effect until terminated as provided herein. The termination of this Agreement with respect to an individual Member upon its withdrawal from membership in the Agency shall not operate to terminate this Agreement with respect to the remaining Members. ARTICLE 5 - CREATION OF THE AGENCY Pursuant to the Joint Powers Law, there is hereby created a public entity, separate and apart from the Parties hereto, to be known as the “Cities Association of Santa Clara County Joint Powers

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4 Agency” with powers as are set forth herein. Upon formation of the Agency as described in Article 4, the Cities Association of Santa Clara County, an unincorporated association shall follow the process of dissolution and cease to exist. ARTICLE 6 - POWERS OF THE AGENCY 6.1 Subject to the terms of this agreement, the Agency shall have all of the powers of a public agency as defined in the Government Code Section 6500 as amended and all additional powers set forth in the Joint Powers Law and other statutes applicable to the Joint Powers Agency created hereby and is authorized to do all acts necessary for the exercise of these powers on behalf of its Members. Powers include, but are not limited to, the following, in the Agency’s own name: 6.1.1 To make and enter into contracts; 6.1.2 To incur debts, liabilities, and obligations and to encumber personal property; 6.1.3 To acquire, hold, or dispose of personal property, contributions, and donations of personal property, funds, services, and other forms of assistance from persons, firms, corporations, and government entities; 6.1.4 To sue and be sued in its own name, and to settle any claim against it; 6.1.5 To receive and use contributions and advances from Members as provided in Government Code Section 6504, as amended including contributions or advances of personnel and equipment; 6.1.6 To invest any money in its treasury that is not required for its immediate necessities, pursuant to Government Code Section 6509.5, as amended; 6.1.7 To acquire, construct, manage, maintain, or operate title to personal property, or rights, or any interest therein; 6.1.8 To retain the services of agents, contractors, and consultants; 6.1.9 To receive, collect, and disburse monies; 6.1.10 To conduct studies, tests, evaluations, and similar activities; 6.1.11 To contract for services from Members, including in-kind services; 6.1.12 To conduct public outreach and education; 6.1.13 To participate in pilot and demonstration projects; 6.1.14 To charge for services, programs, and/or systems; 6.1.15 To work with elected officials and local, regional, state, and federal agencies, including other joint powers agencies and unincorporated associations to pursue funding, enter agreements and otherwise carry out the purposes of the Agency; and

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5 6.1.16 In addition to the other powers provided herein, the Agency shall have any powers authorized by law to each of the Parties and separately to the Agency created herein relating to economic development, including, without limitation, the promotion of opportunities for the creation and retention of employment, the stimulation of economic activity, and the increase of the tax base, within the jurisdictions of the Parties; and 6.1.16 Subject to this Agreement or the Bylaws of the Agency, and only as authorized by the Joint Powers Law, to exercise other reasonable and necessary powers in furtherance or support of any purpose of the Agency. ARTICLE 7 - RESTRICTIONS ON POWERS 7.1 Pursuant to and to the extent required by Government Code Section 6509, as amended, the Agency shall be restricted in the exercise of its powers and shall exercise its powers in the same manner as the Town of Los Gatos is restricted in its exercise of similar powers; provided that, if the Town of Los Gatos shall cease to be a Member, then the Agency shall be restricted in the exercise of its power in the same manner as another Member agreed to by the majority of the Board of Directors. Unless expressly provided for, the Agency does not, by virtue of this Section or this Agreement, subject itself to the internal policies or ordinances of any Member. 7.2 The Agency shall not have the power of eminent domain. 7.3 The Agency shall not have the power of taxation. The Agency may not impose taxes but may receive the proceeds of taxes imposed by other entities or public funds from other entities. 7.4 The Agency shall not have the power to acquire, purchase, hold or dispose of real property. 7.5 The Agency shall not have the power to hire employees. 7.6 The Agency shall not have the power to issue debt. ARTICLE 8 - BOARD OF DIRECTORS 8.1 The Agency shall be governed by the Board of Directors, which shall be composed of one Director representing each Member. Each Member’s Legislative Body, according to its own procedures, shall appoint a Member of the Legislative Body as a Director to represent the Member on the Board of Directors. The Director shall serve at the pleasure of their respective Legislative Body. The Legislative Body of each Member shall also appoint one alternate Director (“Alternate”) who shall participate in and vote at any meeting of the Board when the primary Director is absent. Any vacancy in a Director or Alternate position shall be filled by the appointing Member’s Legislative Body, subject to the provisions of this Article. Immediately upon admission of a new Member, the new Member shall be entitled and required to appoint a

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6 Director and one alternate Director. Every Director or Alternate shall be a Council Member or Mayor of their individual Member city. 8.2 A Director and/or Alternate shall be removed from the Board of Directors upon the occurrence of any one of the following events: (1) the Agency receives written notice from the appointing Member of the removal and/or replacement of the Director or Alternate; (2) the withdrawal of the Member from this Agreement; (3) the death or resignation of the Director or Alternate; (4) the Agency receives written notice from the Member that the Director or Alternate is no longer qualified as provided in the first paragraph of this Article 8; or as set forth in Article 21. 8.3 The Board of Directors shall have the following powers and functions: 8.3.1 Except as otherwise provided in this Agreement, the Board shall exercise all powers and conduct all business of the Agency, either directly or by delegation to other bodies or persons; 8.3.2 The Board shall elect an Executive Committee, as provided in Article 11; 8.3.3 The Board shall be the policy setting body of the Agency; 8.3.4 The Board shall appoint or retain the services of necessary agents, consultants, or independent contractors in accordance with Article 14; 8.3.5 The Board shall cause to be prepared, and shall review, modify as necessary, and adopt the annual operating budget of the Agency. Adoption of the budget may not be delegated. The Board shall adopt their budget no later than the first April 30th following formation and then subsequently by April 30th of each successive year. The Board shall review, set, and adopt annual dues to be funded by Agency Members; 8.3.6 The Board shall receive, review and act upon periodic reports and audits of the funds of the Agency, as required under Article 16 of this Agreement; 8.3.7 The Board may adopt policies regarding personnel, conflicts of interest and other matters necessary or convenient for the efficient operation of the Agency; 8.3.8 The Board shall adopt a set of priorities and work plan for each fiscal year; and 8.3.9 Subject to the terms of this Agreement, the Board shall have such other powers and duties as are reasonably necessary to carry out the purposes of the Agency. ARTICLE 9 – MEETINGS OF THE BOARD OF DIRECTORS 9.1 The Board of Directors shall hold at least one regular meeting each year. The Board of Directors shall fix by resolution, or in the Bylaws, the date, time, and location of each regular meeting. The Board or Executive Director, in consultation with the President of the Board as provided in Article 10 below, may call special meetings.

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7 9.2 Each meeting of the Board of Directors, including without limitation, regular, adjourned regular and special meetings shall be called, noticed, held, and conducted in accordance with the Ralph M. Brown Act, Government Code Section 54950 et seq., as amended. 9.3 The Agency shall require the Secretary/Treasurer or designee to take and maintain minutes of all regular, adjourned regular and special meetings. As soon as practicable after each meeting, the Secretary/Treasurer or designee shall forward to each Board Member, a copy of the minutes of the meeting. 9.4 A majority of the Members of the Board shall constitute a quorum for the transaction of business. Unless otherwise required by law, a vote of the majority of a quorum of the members present at a meeting is sufficient to take any action, unless otherwise specified in this Agreement. However, less than a quorum may adjourn the meeting to a future date. 9.5 Each Member of the Board shall have one vote. ARTICLE 10 - OFFICERS The Board shall elect as Officers of the Agency President, First Vice President, Second Vice President, Secretary/Treasurer, and Immediate Past President at its first meeting. Thereafter, except as may be otherwise provided in the Bylaws of the Agency, the Board shall elect the President, First Vice President, Second Vice President, Secretary/Treasurer, and Immediate Past President, at the November Board of Directors meeting, or the first meeting held on or after November 1 of each year. Of the Officers, the President, and at least two other Officers, must also be members of the Board of Directors. The remaining Officers may be the elected or appointed Mayor or Council Member of any Member of the Agency regardless of whether they are on the Board of Directors. Each Officer shall assume the duties of his or her office upon election. If the President ceases to be a Member of the Board, the resulting vacancy shall be filled at the next meeting of the Board held after the vacancy occurs, or at a special meeting of the Board called to fill the vacancy. The President shall preside at and conduct all meetings of the Board. Should the Board President not be available then the highest-level Officer, who is a member of the Board of Directors, shall preside. If that individual is unavailable, then any Director appointed by the President may preside. The Board may appoint other officers as it considers necessary. The duties of the Secretary/Treasurer are set forth in Articles 16 and 17 of this Agreement. The Secretary/Treasurer shall be appointed by the Board of Directors and shall be eligible to serve as Secretary/Treasurer, as provided in the Joint Powers Law. ARTICLE 11 - EXECUTIVE COMMITTEE At such time as there are nine Members, the Board shall establish and elect an Executive Committee of the Board which shall consist solely of three (3) Officers consisting of the President, First Vice President, and Secretary/Treasurer, which shall exist thereafter. At such time as there are 11 Members, the Board shall establish and elect an Executive Committee of the Board which shall consist solely of five (5) Officers, with the addition of the Immediate Past President, which shall exist thereafter. Should the Immediate Past President no longer hold elected office then a Member at Large

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8 may be appointed by the Board to serve on the Executive Committee. The qualifications of the Member at Large are that they must be an elected or appointed Mayor or Council Member of a Member of the Agency but need not be on the Board of Directors. The terms of office of the Members of the Executive Committee shall be one year. The Executive Committee shall conduct the business of the Agency between meetings of the Board, exercising all those powers as provided for in this Article, or as otherwise delegated to it by the Board. The Executive Committee, subject to approval by the Board of Directors, shall exercise all powers or duties of the Board relating to the entering, approval and execution of agreements, leases, and other instruments of or relating to the finances of the Joint Powers Agency within the previously approved annual budget or amended budget. The Executive Committee may have additional powers delegated to it by the Board, except for the adoption of the Agency’s annual budget. Any additional powers and duties delegated shall be specified in a Resolution adopted by the Board. The Executive Committee shall obtain approval from the Board before authorizing or conducting any investigations into the business of the Agency and before taking personnel action. These actions must be authorized by a majority vote of the Executive Committee. Each meeting of the Executive Committee shall be called, noticed, held, and conducted in accordance with the Ralph M. Brown Act, Government Code Section 54950 et seq., as amended. ARTICLE 12 - COMMITTEES The Board may establish committees, as it deems appropriate to conduct the business of the Agency or it may, in the Bylaws or by resolution, delegate this power to the Executive Committee by Resolution. Members of committees, except as otherwise stated in this Agreement, shall be appointed by the President. Each committee shall have those duties as determined by whichever Agency body created it or as otherwise set forth in the Bylaws. Each committee shall meet on the call of its chairperson and shall report to and be directed by whichever entity created it. No more than one representative from each jurisdiction shall serve on each committee. Membership of any committee may consist in whole or in part of persons who are not members of the Board; provided that the Board may delegate decision-making powers and duties only to a committee, a majority of the members of which are Board Members. Any committee, except the City Selection Committee, in which a majority of the members are not Board Members may function only in an advisory capacity. The Legislative Action Committee shall be a permanent Committee of the Agency chaired by the Second Vice President and whose members shall be appointed by the Agency Members. Should there be no Second Vice President, the Legislative Action Committee shall be chaired by the First Vice President. All standing committees shall abide by the Ralph M. Brown Act, Government Code Section 54950 et seq., as amended. ARTICLE 13 – CITY SELECTION COMMITTEE The City Selection Committee is established pursuant to State law and the Agency shall administer the City Selection Committee as follows: The City Selection Committee shall be a permanent committee of the Agency, consisting of the Mayor of each City or Town, consistent with Government

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9 Code 50270, as amended. The Agency shall allow all cities in the County to participate in the City Selection Committee, whether or not they are members of the Agency. ARTICLE 14 – PROFESSIONAL SERVICES 14.1 The Board of Directors may contract with individuals or companies to provide the following services at the pleasure of the Board of Directors: 14.1.1 Executive Director. The Board shall contract with a consultant or independent contractor to fulfill the following duties of an Executive Director: manage the affairs of the Agency, subject to the general supervision and policy direction of the Board and the Executive Committee; oversee the day-to-day activities of the Agency; select and manage the activities of all consultants and independent contractors to the Agency; be responsible for required filings by the Agency with the State of California; prepare or delegate the preparation of all meeting notices, minutes, and required documentation of the Agency; prepare and propose an annual budget; prepare reports and recommendations for consideration by the Executive Committee or Board; be responsible for billing and collection of annual dues; maintain the records of the Agency; assist Local Agencies in the preparation and filing of applications for participation in the financing programs of the Agency; expedite the processing of these applications; pay all invoices, taxes and amounts due; and perform other duties as are assigned by the Board and Executive Committee. The Executive Director may have the authority to sign agreements, applications, and other documents on behalf the Agency, if authorized by the Board or Executive Committee. The Executive Director shall have the Authority to enter into individual Agreements with a single vendor over the course of a fiscal year, on behalf of the Agency, up to the amount set by the Bylaws. 14.1.2 General Counsel. The Board shall contract with a consultant, independent contractor, or law firm to fulfill the duties of General Legal Counsel. The General Counsel shall take direction from the majority of the Board of Directors. The General Counsel shall be a member in good standing of the California State Bar. The General Counsel shall be responsible for the legal affairs of the Agency; 14.1.3 Auditor. The Auditor shall be a Certified Public Accountant licensed to practice in the State of California. The Auditor will conduct annual financial audits of the Agency; 14.1.4 Other services. The Executive Director may hire additional consultants and independent contractors, as appropriate, based upon a previously approved budget; 14.1.5 The Agency shall not contract with or become a member of the California Public Employees Retirement System (“PERS”), nor shall any agent, consultant or independent contractor of the Agency become a member of PERS or be entitled to a pension or retirement from PERS as a result of service to the Agency; and 14.1.6 The consultants and independent contractors fulfilling the duties of Executive Director, the Auditor, the General Counsel and any other consultants or independent contractors

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10 who provide services to the Agency shall be compensated in such manner as shall be approved by the Board and as permitted by applicable law. ARTICLE 15 - SIGNIFICANT PROGRAMS If the Board desires to create significant programs or activities which will utilize substantial resources of the Agency, it shall do so by a vote of the Board. If the Board deems it necessary, it may appoint a working committee to study the significant program or activity and provide input to the Board. Substantial resources and significant program or activity shall be defined as any program or activity requiring $10,000 or more in annual expenditures; this amount shall be increased by the annual cost of living CPI index. Any new significant program or activity shall require a work plan and a two-thirds vote of the Members in order to be initiated. When a new significant program is intentionally designed to be limited in scope, such that it only provides benefits to particular Members, the Agency may enter into a specific program or project Agreement that includes relevant terms regarding the particular affected Members, and any such Agreement shall be approved by the Board prior to or at the same time as formation of the significant program. These limited scope Agreements shall be subject to approval by the Board by a two-thirds vote of the Members. ARTICLE 16 - ACCOUNTS AND RECORDS 16.1 The Agency shall adopt an operating budget pursuant to Section 8.3.5 of Article 8 of this Agreement. 16.2 The Secretary/Treasurer of the Agency or the Executive Director shall establish and maintain funds and accounts as may be required by good accounting practices and by the Board. Books and records of the Agency shall be open to and made available for inspection at all reasonable times upon request by authorized representatives of the Members. 16.3 The Agency shall adhere to the standard of strict accountability for funds and report all receipts and disbursements as set forth in the Joint Powers Law. 16.4 Auditor’s Report. The Auditor, within one hundred and twenty (120) days after the close of each Fiscal Year, shall give a complete written report of all financial activities for the prior Fiscal Year to the Board. 16.5 The Agency shall either make or contract with a Certified Public Accountant to make an annual Fiscal Year audit of all accounts and records of the Agency, conforming in all respects with the requirements of the Joint Powers Law. A report of the audit shall be filed as a public record and be provided to each of the Members, and with the County Auditor of the County of Santa Clara. Costs of the audit shall be considered a general expense of the Agency. Any costs of the audit shall be borne by the Agency and shall be a charge against any unencumbered funds of the Agency available for this purpose.

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11 ARTICLE 17 - RESPONSIBILITIES FOR FUNDS AND PROPERTY 17.1 The Secretary/Treasurer, or his or her designee, shall have the custody of and disburse the Agency’s funds. Proceeds of similar obligations of the Agency may be deposited with a trustee, agent or other depositary and shall not be considered the Agency’s funds for purposes of this Article. The Secretary/Treasurer may delegate disbursements to persons as may be authorized by the Board or the Executive Committee to perform that function, subject to the requirements of Section 17.2 below. 17.2 The Secretary/Treasurer or designee shall perform all functions then required to be performed by the Treasurer under the Joint Powers Law. The Secretary/Treasurer shall review the financial statements and the annual audit of the Agency. 17.3 Pursuant to Government Code Section 6505.1, as amended, the Executive Director, the Secretary/Treasurer, and other persons as the Board may designate, shall have charge of, handle, and have access to the property of the Agency. The Agency shall secure and pay for a fidelity bond or bonds, in an amount or amounts and in a form specified by the Board of Directors, covering any officers or agents of the Agency who are authorized to hold or disburse funds of the Agency and any officers or agents who are authorized to have charge of, handle and have access to property of the Agency. ARTICLE 18 - MEMBER RESPONSIBILITIES 18.1 Each Member shall have the following responsibilities: 18.1.1 To appoint its Director and Alternate to, or remove its Director and Alternate, from the Board, as set forth in Article 8; 18.1.2 To consider proposed amendments to this Agreement as set forth in Article 29; 18.1.3 To make contributions in the form of annual membership assessments and fees, if any, determined by the Board for the purpose of defraying the costs of providing the annual benefits accruing directly to each party from this Agreement; and 18.1.4 If a Member provides written notice to the Agency of its election to relinquish its status as a Member, or if a Member fails to be represented at four (4) or more consecutive regular meetings of the Board of Directors, then that Member may be deemed to be a suspended Member, with all the rights and duties of an Associate Member, upon action of the Board of Directors duly adopted. Prior to the suspension, the President shall contact the Mayor and request that another Council Member be appointed or that reinstatement for the current Member be requested. The suspension shall be approved by the Board of Directors. Promptly following that action by the Board of Directors, the Member may be reinstated by informing the Board of its intent to be reinstated within thirty (30) days and to attend all future meetings either via the Director or Alternate. Removal of a Member for failure of the Director to attend meetings shall not relieve the

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12 Member from its obligations under any outstanding agreements relating to the Agency’s financial obligations, except in accordance with this Agreement. ARTICLE 19 - NEW MEMBERS With the approval of the Board, any city located within the County of Santa Clara may become a party as a Member to this Agreement. A city requesting membership shall apply by presenting to the Agency, a resolution of the Legislative Body of the City, evidencing its approval of this Agreement. The date that the applying city will become a Member will be determined by the Board. The Agency shall accept new Members upon a majority affirmative vote of the entire Board and upon payment of any Board determined assessments and fees. ARTICLE 20 - WITHDRAWAL A Member may terminate its membership in the Agency at any time upon giving one hundred and eighty (180) days written notice of withdrawal to the Agency. The notice shall be given to the Board of Directors. The effective date shall be the conclusion of the first Board Meeting which occurs after the one hundred and eighty (180) day notice period has passed. Any Member who withdraws shall remain obligated to pay its share of all debts, liabilities, and obligations incurred or accrued through the end of the current fiscal year of the Agency. The withdrawal does not in any way impair any contracts, resolutions, indentures, or other obligations of the Agency then in effect. In the event of a disagreement between the Agency and the withdrawing Member as to whether the withdrawal shall cause the impairment of any contracts, resolutions, indentures, or other obligations of the Agency, the determination shall be made by a majority vote of the Board of Directors. Any Member that withdraws and later seeks reinstatement to the Agency shall provide funds to the Agency, proportionate to their responsibility for the current fiscal year, as if the Member had never left the Agency. A withdrawing Member shall, in all events, remain liable for its proportionate share of: (i) its full amount of its proportionate share of the adopted fiscal year budget; (ii) any call for funds or assessment levied by the Agency prior to the date it provides its notice of withdrawal; (iii) any contribution in existence at the time of the notice of withdrawal. ARTICLE 21 - REMOVAL If the Board of Directors determines that reasonable cause exists to remove a Director from the Board, it can remove the Director and request that the Member who appointed the Director appoint a new Director. The Board may, by two-thirds majority vote of the entire Board, remove a Member based on a Member's breach of any material term of this Agreement, and the failure to cure that breach within sixty (60) days written notice. A terminated Member shall remain liable for any obligation under this Agreement as described above. Failure to pay dues within 60 days following notice shall result in a Member becoming suspended with all the rights of an Associate Member. A suspended Member shall immediately have its voting rights restored upon full payment of dues.

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13 ARTICLE 22 - OBLIGATIONS OF AGENCY The debts, liabilities, and obligations of the Agency shall not be the debts, liabilities, and obligations of the Members. Any Member may separately contract for, or assume responsibility for, specific debts, liabilities, or obligations of the Agency. Nothing in this Agreement shall be interpreted to limit the applicability of the provisions of Government Code Section 895.6. ARTICLE 23 - TERMINATION AND DISTRIBUTION OF ASSETS This Agreement may be terminated at any time that no financial obligations of the Agency are outstanding, with the approval of two-thirds of the Members. Upon termination of this Agreement, all assets of the Agency shall, after payment of all unpaid costs, expenses and charges incurred under this Agreement, be distributed among the parties to this Agreement, in accordance with the respective contributions of each of the Parties. ARTICLE 24 - LIABILITY OF BOARD OF DIRECTORS, OFFICERS, AND COMMITTEE MEMBERS 24.1 The Members of the Board of Directors, Officers, and Committee Members of the Agency shall use ordinary care and reasonable diligence in the exercise of their powers and in the performance of their duties pursuant to this Agreement. They shall not be individually liable for any mistake of judgment, or any other action made, taken, or omitted by them in good faith, nor for any act or omission by any agent, consultant or independent contractor selected with reasonable care, nor for loss incurred, resulting from any action made, taken, or omitted by them in good faith and with reasonable care through investment of Agency funds, or failure to invest. 24.2 No Director, Officer, or Committee Member shall be responsible for any act or omission of any other Director, Officer, or Committee Member. Unless otherwise required by law, no Director, Officer, or Committee Member shall be required to give a bond or other security to guarantee the faithful performance of his or her duties pursuant to this Agreement. 24.3 The funds of the Agency shall be used to defend, indemnify, and hold harmless the Agency for any Director, Officer, or Committee Member, for their actions taken within the scope of the Agency. Nothing herein shall limit the right of the Agency to purchase insurance to provide coverage for these types of losses. 24.4 These indemnification and defense obligations shall survive the termination of the Agreement as to any acts or omissions occurring before such termination. ARTICLE 25 - INDEMNIFICATION To the fullest extent allowed by law, the Agency shall defend, indemnify, and save harmless the Members and their governing bodies, officers, agents and employees from all claims, losses, damages, costs, injury, and liability of every kind, nature, and description directly or indirectly arising from the

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Attachment: CASCC Proposed JPA Redlined Version (Cities Association of Santa Clara County Proposed JPA) September 20, 2023, Draft
14 performance of any of the activities of the Agency or the activities undertaken pursuant to this Agreement. ARTICLE 26 - BYLAWS The Board shall adopt Bylaws consistent with this Agreement which shall provide for the administration and management of the Agency. The provisions of the Bylaws, as modified from time to time, shall establish the operating procedures and standards for the Agency. ARTICLE 27 - NOTICES The Agency shall address notices, billings, and other communications to a Member as directed by that Member. Each Member shall provide the Agency with the email and physical address to which communications are to be sent. Members shall address notices and other communications to the Agency, at the office address of the Agency, or the email address of the Agency as directed by the Member and as set forth in the Bylaws. ARTICLE 28 - CODES The Agency shall adopt and observe a Code of Conduct and Conflict of Interest Policy. The Agency shall comply with all requirements of the Fair Political Practices Commission as required by law or regulation. ARTICLE 29 - AMENDMENT This Agreement may be amended at any time by vote of the Members, acting through their Legislative Bodies. Any amendment of this Agreement shall become effective upon receipt by the Agency of notice of the approval of the amendment by two thirds of the Legislative Bodies of the Members. ARTICLE 30 - SEVERABILITY Should any portion, term, condition, or provision of this Agreement be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions, and provisions shall not be affected.

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Attachment: CASCC Proposed JPA Redlined Version (Cities Association of Santa Clara County Proposed JPA) September 20, 2023, Draft
15 ARTICLE 31 - PROHIBITION AGAINST ASSIGNMENT No Member may assign any right, claim, or interest it may have under this Agreement, and no creditor, assignee or third-party beneficiary of any Member shall have any right, claim, or title to any part, share, interest, fund, or asset of the Agency. This Agreement shall be binding upon and shall inure to the benefit of successors of the Members. This Agreement is intended solely for the benefit of the Agency and its Members. No third party shall be deemed a beneficiary of this Agreement or have any rights against the Agency or its Members. ARTICLE 32 - ASSOCIATE MEMBERS Any Public Agency located within the jurisdictional authority of the County of Santa Clara may, with the approval of the Board of Directors, become an Associate Member of the Agency by executing and delivering to the Agency an Associate Membership Agreement and providing an Associate Membership fee and as further provided in the Bylaws. An Associate Member shall not be entitled to representation on the Board of Directors, or to vote on any matter coming before the Board of Directors or the Agency, unless a separate written agreement is entered into between the Associate Member and the Agency. ARTICLE 33 - LIBERAL CONSTRUCTION The provisions of this Agreement shall be liberally construed as necessary or reasonably convenient to achieve the purposes of the Agency. ARTICLE 34 - NON-WAIVER No waiver of the breach of default of any of the covenants, agreements, restrictions, or conditions of this Agreement by any Member shall be construed to be a waiver of any succeeding breach of the same or other covenants, restrictions, or conditions of this Agreement. No delay or omission of exercising any right, power, or remedy in the event of a breach or default shall be construed as a waiver or a variation of any of the terms of this Agreement or any applicable agreement. ARTICLE 35 - REMEDIES FOR BREACH If any Member shall default on any obligation contained in this Agreement, the default shall not excuse any other Member from fulfilling its respective obligations under this Agreement. Any Member shall be entitled to pursue all legal and equitable remedies against another Member in response to any alleged default under this Agreement. Any and all of the remedies provided to the Members, hereunder or by law now or hereafter enacted, are cumulative and the exercise of one right or remedy shall not impair the Members to any other remedy.

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Attachment: CASCC Proposed JPA Redlined Version (Cities Association of Santa Clara County Proposed JPA) September 20, 2023, Draft
16 ARTICLE 36 - ARTICLE HEADINGS All article headings are for reference only and are not intended to define or limit the scope of any provision of this Agreement. ARTICLE 37 - DISPUTE RESOLUTION 37.1 The Members agree that any dispute regarding the enforcement or interpretation of any term, covenant, or condition of this Agreement (“Dispute”) may first, for a period of not less than thirty (30) days, be submitted to mediation before a mutually acceptable mediator prior to initiation of litigation, or any other binding arbitration or adjudicative dispute resolution process. The Members shall: (i) mediate in good faith; (ii) exchange all documents which each believes to be relevant and material to the issue(s) in the Dispute; (iii) exchange written position papers stating their position on the Dispute and outlining the subject matter and substance of the anticipated testimony of persons having personal knowledge of the facts underlying the Dispute; and (iv) engage and cooperate in such further discovery as the Members agree or mediator suggests may be necessary to facilitate effective mediation. 37.2 Each Member shall bear its own costs, attorney’s fees, and expenses of the mediation. Venue of the mediation shall be a mutually agreeable city within Santa Clara County, California. ARTICLE 38 – INSURANCE If available, the Agency shall obtain insurance for all Members, appointed Members, and Committee Members, including, but not limited to, Directors and Officers liability insurance and general liability insurance containing policy limits in such amounts as the Board of Directors shall deem will be necessary to adequately insure against the risks of liability that may be incurred by the Agency. Insurance under this provision may include an insurance pool program. ARTICLE 39 - FILING WITH SECRETARY OF STATE The Executive Director of the Agency shall file a notice of this Agreement with the office of the California Secretary of State within thirty (30) days of its effective date, as required by Government Code Section 6503.5, as amended and within seventy (70) days of its effective date as required by Government Code Section 53051, as amended. ARTICLE 40 - COUNTERPARTS This Agreement may be executed in parts or counterparts, each part or counterpart being an exact duplicate of all other parts or counterparts, and all parts or counterparts shall be considered as

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Attachment: CASCC Proposed JPA Redlined Version (Cities Association of Santa Clara County Proposed JPA) September 20, 2023, Draft
17 constituting one complete original and may be attached together when executed by the Members hereto. Facsimile and electronic signatures shall be binding. ARTICLE 41 - AGREEMENT COMPLETE This Agreement constitutes the full and complete Agreement of the parties and supersedes any prior written Agreement between the Members on the same topic.

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Attachment: CASCC Proposed JPA Redlined Version (Cities Association of Santa Clara County Proposed JPA) City
Council
Report
TITLE: Acceptance of Organized Retail Theft Grant Funds (Resolution/Roll Call Vote)

RECOMMENDED ACTION
That the City Council adopt a resolution approving an agreement and authorizing the Police Chief to execute the agreement setting forth terms under which the City of Campbell may accept the Organized Retail Theft Grant - California Board of State and Community Corrections, and approve a budget adjustment to recognize the grant revenue and corresponding grant related expenditures.

BACKGROUND
The Budget Act of 2022 (Senate Bill 154) created the Organized Retail Theft (ORT) Prevention Grant Program with an allocation of $242,250,000 to be administered by the California Board of State and Community Corrections (BSCC). Per the state Budget Act, funding for the Organized Retail Theft Grant Program shall be for competitive grants for city police departments, county sheriffs’ departments, and probation departments. Grant funds shall be used to support local law enforcement agencies in preventing and responding to organized retail theft, motor vehicle or motor vehicle accessory theft, or cargo theft.

In July of 2023, the Police Department submitted a project proposal and grant application with the BSCC (see attached Exhibit A). This proposal included almost $6 million dollars of hardware and personnel over the three-year grant period (see attached Grant Application Exhibit B). In September 2023, staff was notified that the Police Department received a partial award of $400,562 and was asked to scale the project accordingly.

The project focused on the expansion of the department’s Drone as First Responder program, expansion of the fixed license plate reader program, and the addition of cloud - based real time information center technology that would help bring various sources of digital information into one screen in real time.

DISCUSSION
The Police Department has focused on adopting innovative technologies to improve Item: 17
Category: NEW BUSINESS
Meeting Date: November 7, 2023
17 Packet Pg. 299
Acceptance of Organized Retail Theft Grant Funds Page 2 of 3 public safety, staff efficiency, and response to the Campbell community. Technologies such as Flock license plate readers, Drone as First Responder, and others have proven to meet those goals. The ORT grant asked for innovative approaches to address the problem of organized retail theft , motor vehicle or motor vehicle accessory theft, or cargo theft. The ORT grant was also looking for stakeholder involvement and support.

The Police Department focused on organized retail theft and auto theft.

Staff reached out to stakeholder businesses at the beginning of this process to determine the extent of organized retail theft in Campbell and obtained support for the grant application process. The Police Department received multiple letters of support from many of the major retailers, the Downtown Campbell Business Association and the Campbell Chamber of Commerce.

Staff believes that the projects funded by the grant funds will assist in preventing, investigating, and responding to organized retail theft and auto theft. This project will also allow us to work more closely with businesses within the Campbell community to proactively address these problems.

FISCAL IMPACT
The ORT grant provides $400,562 reimbursement for grant related expenditures through FY 2027. Thus, if the grant is accepted, staff also recommends approving a budget adjustment shown as Exhibit C to recognize the grant revenue and grant related expenditures. Furthermore, there are no matching funds required by the grant.

Prepared by:

Ian White, Police Captain
Reviewed by:

Gary Berg, Police Chief
Approved by:
17 Packet Pg. 300
Brian Loventhal, City Manager
Acceptance of Organized Retail Theft Grant Funds Page 3 of 3 Attachment:
a. BSCC Resolution
b. Exhibit A: ORT Grant Application
c. Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 d. Exhibit C: Budget Adjustment Form
17 Packet Pg. 301
RESOLUTION NO. ________

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

AUTHORIZING THE POLICE CHIEF TO EXECUTE AN AGREEMENT SETTING

FORTH TERMS UNDER WHICH THE CITY OF CAMPBELL MAY ACCEPT THE ORGANIZED RETAIL THEFT GRANT FROM THE STATE OF CALIFORNIA –

BOARD OF STATE AND COMMUNITY CORRECTIONS IN THE AMOUNT OF $400,562 AND APPROVING A BUDGET ADJUSTMENT TO RECOGNIZE THE

GRANT REVENUE AND GRANT RELATED EXPENDITURES

WHEREAS, the State of California Board of State and Community Corrections (BSCC) provides grant funds for Organized Retail Theft and Auto Theft to address the increase in these crimes within the state; and

WHEREAS, the Police Department submitted a project proposal through a competitive grant process; and
WHEREAS, the City of Campbell applied for the grant to increase the number of ALPR cameras, support the existing Drone as First Responder program, and add cloud based real time information center software to improve police response and investigative capabilities; and
WHEREAS, the City of Campbell was award ed $400,562 by BSCC for reimbursement for the aforementioned; and
WHEREAS, the BSCC requires an agreement to address their obligations and liabilities related to the grant funds as shown in Exhibit B to this resolution; and WHEREAS, a budget adjustment shown as Exhibit C is necessary to recognize the grant revenue and grant related expenditures.

THEREFORE, BE IT RESOLVED, that the City Council approves and authorizes the Police Chief to execute an agreement setting forth terms under which the City of Campbell may accept the Organized Retail Theft Grant from the State of California – Board of State and Community Corrections set forth in the Agreement and Exhibit B attached to this Resolution; and the Finance Director is authorized to implement a budget adjustment shown as Exhibit C and incorporated by reference to recognize grant revenue of $ 400,562 from the BSCC ORT Grant and grant related expenditures of $400,562 through Fiscal Year 2026.

PASSED AND ADOPTED this 7th day of November, 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: BSCC Resolution [Revision 1] (Acceptance of Organized Retail Theft Grant Funds) BSCC
Powered by Submittable
Title
Campbell Police Department
by
Joanna Ho

in
Organized Retail Theft
Prevention Grant Program
[email protected]
07/07/2023
id. 41328862
Original Submission
07/07/2023
The Organized Retail Theft (ORT) Prevention Grant Program Application is divided into five (5) sections as identified below:

Background Information Contact Information Program Information Proposal Narrative and Budget
Mandatory Attachments Each section
has a series of questions requiring a response.

Applicants will be
prompted to provide written text, select options from a drop down menu, select options from a multiple choice menu, or upload attachments. Questions with a red asterisk require responses.

Applicants will not be able to submit the application until all questions with a red asterisk have been completed. Applicants may reference the ORT Prevention Grant Program Proposal Instruction Packet for background information, key dates, rating factors, and other important information to aid in the completion of the ORT Prevention Grant Program Application. The ORT Prevention Grant Proposal Instruction Packet is available on the Board of State and Community Corrections (BSCC) website. NOTE: Applicants may start and stop their application but must select "Save Draft" at the bottom of the application before existing.

SECTION I -

BACKGROUND

INFORMATION
This section requests information about the applicant’s name, location, mailing address, and tax identification number.

Name of Applicant
(i.e., Police
Department, Sheriff’s
Department, or
Probation
Department)
Campbell Police Department
Multi-Agency
Partnerships
Information (if
applicable)
Applicants may apply for funding as part of a multi-agency partnership (two [2] or more agencies). The agencies and jurisdictions comprising the collaborative application are not required to be contiguous. One (1) Lead Public Agency must be identified on behalf of the partnership.

Multi-Agency
Partnerships
No: This is not a Multi-Agency Partnership Application

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Attachment: Exhibit A: ORT Grant Application (Acceptance of Organized Retail Theft Grant Funds) Lead Public Agency
Information
All applicants are required to designate a Lead Public Agency (LPA) to serve as the coordinator for all grant activities. The LPA is a governmental agency with local authority within the applicant's city or county. The applicant may choose to fill the role of LPA itself or it may designate a department, agency, or office under its jurisdiction to serve as the LPA. The role of the LPA is to coordinate with other local government agency partners and non-governmental
organizations to ensure successful implementation of the grant program. The LPA is responsible for data collection and management, invoices, meeting coordination (virtual and/or in- person), and will serve as the primary point of contact with the BSCC.

Lead Public Agency
Campbell Police Department
Applicant's Physical
Address
70 N 1st St
Campbell
CA
95008
US
Applicant's Mailing
Address (if different
than the physical
address)
n/a
Mailing Address for
Payment
70 N 1st St
Campbell
CA
95008
US
Tax Identification
Number
94-6003997

SECTION II -

CONTACT

INFORMATION
This section requests contact information for the individuals identified as the Project Director, Financial Officer, Day-to-Day Project Contact, Day-to-Day Fiscal Contact, and the Authorized Signature.

Project Director
Ian
White
Project Director's
Title with
Agency/Department/Organization
Field Service Division Captain
Project Director's
Physical Address
70 N 1st St
Campbell
CA
95008
US
Project Director's
Email Address
[email protected]

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Attachment: Exhibit A: ORT Grant Application (Acceptance of Organized Retail Theft Grant Funds) Project Director's
Phone Number
+14088662702
Financial Officer
Will
Fuentes
Financial Officer's
Title with
Agency/Department/Organization
Finance Director
Financial Officer's
Physical Address
70 N 1st St
Campbell
CA
95008
US
Financial Officer's
Email Address
[email protected]
Financial Officer's
Phone Number
+14088662113
Day-To-Day Program
Contact
Joanna
Ho
Day-To-Day Program
Contact's Title
Records Specialist / Grant Writer
Day-To-Day Program
Contact's Physical
Address
70 N 1st St
Campbell
CA
95008
US
Day-To-Day Program
Contact's Email
Address
[email protected]
Day-To-Day Program
Contact's Phone
Number
+14088662721
Day-To-Day Fiscal
Contact
Will
Fuentes
Day-To-Day Fiscal
Contact's Title
Finance Director
Day-To-Day Fiscal
Contact's Physical
Address
70 N 1st St
Campbell
CA
95008
US

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Attachment: Exhibit A: ORT Grant Application (Acceptance of Organized Retail Theft Grant Funds) Day-To-Day Fiscal
Contact's Email
Address
[email protected]
Day-To-Day Fiscal
Contact's Phone
Number
+14088662113
Name of Authorized
Officer
Gary
Berg
Authorized Officer's
Title
Chief of Police
Authorized Officer's
Physical Address
70 N 1st St
Campbell
CA
95008
US
Authorized Officer's
Email Address
[email protected]
Authorized Officer's
Phone Number
+14088662171
Authorized Officer
Assurances
checked

SECTION III -

PROGRAM

INFORAMTION
This section requests a Project Title, Proposal Summary description, Program Purpose Area(s) selection, and Scope Funding Category selection.

Project Title
Leveraging Innovative Technologies to Address Organized Retail Theft
Proposal Summary
The Campbell Police Department is proposing the use of innovative technologies to address the issues of organized retail theft and auto theft. This project expands existing Drone as First Responder and Automated License Plate Reader Programs and adds cloud-based real-time information software and personnel. The addition of a crime analyst will allow for enhanced partnerships and data sharing. A non- profit partnership will allow for front-end referrals to resources intended on breaking the cycle of criminality. This project is innovative and focuses on enhanced stakeholder partnerships and hopes to address the problem.

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Attachment: Exhibit A: ORT Grant Application (Acceptance of Organized Retail Theft Grant Funds)

PROGRAM

PURPOSE AREAS
Applicants must propose activities, strategies, or programs that address the Program Purpose Areas (PPAs) as defined on pages 5 - 8 in the ORT Prevention Grant Proposal Instruction Packet. A minimum of one (1) PPA must be selected; applicants are not required to address all three (3) PPAs. All proposed activities, strategies, or programs must have a link to the ORT Prevention Grant Program as described in the authorizing legislation and the ORT Prevention Grant Proposal Instruction Packet.

Program Purpose
Areas (PPAs):

PPA 1: Organized Retail Theft
PPA 2: Motor Vehicle or Motor Vehicle Accessory Theft
Funding Category
Information
Applicants may apply for funding in a Medium Scope OR Large Scope Category. The maximum an applicant may apply for is up to $6,125,000 in the Medium Scope category OR up to $15,650,000 in the Large Scope category. Applicants may apply for any dollar amount up to and including the maximum grant amount identified in each category. Multi-agency partnerships (determined as Medium Scope OR Large Scope) may apply for up to the maximum grant award in that category, multiplied by the number of partnering eligible applicants. For Example: Four (4) eligible applicants in the Medium Scope category may submit one (1) application for up to $24,500,000 o
$6,125,000 (Medium Scope Max) x 4 (# of Agencies) = $24,500,000 Two (2) eligible applicants in the Large Scope category may submit one (1) application for up to $31,300,000
o
$15,650,000 (Large Scope
Max x 2 (# of Agencies) = $31,300,000 Please reference pages 10-12 in the ORT Prevention Grant Proposal Instruction Packet for additional information.

Funding Category
Medium Scope (Up to $6,125,000)

SECTION IV -

PROPOSAL

NARRATIVE AND
BUDGET
This section requests responses to the Rating Factors identified in the the ORT Prevention Grant Program Application Instruction Packet.

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Attachment: Exhibit A: ORT Grant Application (Acceptance of Organized Retail Theft Grant Funds) Proposal Narrative
Instructions
The Proposal Narrative must address the Project Need, Project Description, Project Organizational Capacity and Coordination, and Project Evaluation and Monitoring Rating Factors as described in the ORT Prevention Grant Instruction Packet (refer to pages 20-24). A separate narrative response is required for each Rating Factor as described below: The Project Need narrative may not may not exceed 6,711 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately three (3) pages in Arial 12-point font with one-inch margins on all four (4) sides and at

1.5-line spacing. The Project Description narrative may not may not exceed 11,185 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately five (5) pages in Arial 12-point font with one-inch margins on all four (4) sides and at 1.5-line spacing. The Project Organizational Capacity and Coordination narrative may not may not exceed 4,474 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately two (2) pages in Arial 12-point font with one-inch margins on all four (4) sides and at 1.5-line spacing. The Project Evaluation and Monitoring narrative may not may not exceed 4,474 total characters (includes punctuation, numbers, spacing and any text). In Microsoft Word, this is approximately two (2) pages in Arial 12-point font with one-inch margins on all four (4) sides and at 1.5-line spacing. A character counter is automatically enabled that shows the number of characters used and the remaining number of characters before the limit for each response is met. If the character limit is exceeded, a red prompt will appear with the message "You have exceeded the character limit". Applicants will be prohibited from submitting the ORT Prevention Grant Program Application until they comply with the character limit requirements. NOTE: It is up to the applicant to determine how to use the total word limit in addressing each section, however as a guide, the percent of total point value for each section is provided in the ORT Prevention Grant Proposal Instruction Packet (refer to page 15).

Project Need
The City of Campbell is located in Santa Clara County with a population of around 44,000 residents with a mix of retail, technology and industrial businesses. The department has the highest crime rate per capita in the county. Campbell Police Officers write the most reports and make the most arrests per officer in the county. This statistical data is provided by the Santa Clara County District Attorney’s Office annual countywide crime report for 2022, and the department typically holds the top spots year to year. With the overall goal of creating a safer community for its residents, the department seeks funding to combat increasing criminality. Retail and auto theft are often crimes that offenders may commit more than once, and thus addressing the issue comprehensively by providing resources for underlying societal needs can help create a safer community.

Utilizing innovative technology can help augment limited staffing and also increase prosecutorial success, which can also help create a safer community.

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Attachment: Exhibit A: ORT Grant Application (Acceptance of Organized Retail Theft Grant Funds) Internal department statistics reveal that auto thefts have increased by 34% since 2018 and the total value of all vehicles stolen in Campbell is approximately $6 million. Since 2019 recoveries of stolen vehicles, located by Campbell officers, have increased by more than 56%. In September 2022, the department went live with 18 fixed ALPR cameras, only covering a small portion of the city. There have been 3,371 “hits” on stolen vehicles operating within the city on those cameras in the last 9 months.

In March 2023, a drive-by shooting resulted in the death of the vehicle’s occupant in Campbell. The suspect vehicle was stolen and driven by our fixed ALPR cameras. This evidence led to the recovery of the stolen vehicle and eventually the identification of involved parties who were all in their late teens to early twenties and involved in gangs.

Initial conversations with retail partners revealed that a majority of retail theft goes unreported. Home Depot and Ulta Beauty are just two major retailers dealing with instances of organized retail theft. Home Depot confirmed that their operational loss for 2022 was over $3 million with at least 60% associated with retail theft. They stated that they had over $300,000 worth of missing batteries associated with retail theft. The retailer attributes this drastic number to organized retail theft. To put this in perspective the police department only received 12 reports related to theft from Home Depot with a total reported loss of $3,867.

Ulta Beauty opened in September 2022 and immediately began to experience incidents of organized retail theft. Multiple groups of several suspects would enter the store and take large amounts of makeup products and flee. The problem became so frequent that the police department parked a marked vehicle in front of the business every day during business hours. Even this measure failed to stop these groups as the conduct continued even with the visual deterrent. In their letter of support, Ulta states, “Shrink has continued to increase year over year, trending 3X higher in ORC type events in 2023 vs 2022. More concerning is the increase in violence with the theft incidents that are occurring in-store, creating an unsafe environment for our ULTA associates and other guests.” The police department has 23 reports related to theft from Ulta totaling over $56,000 in merchandise.

One of our most troubling incidents occurred in January 2023 with the armed robbery of San Jose Camera. Five armed suspects entered the store and held the staff at gunpoint. They fled after taking about $60,000 worth of merchandise. One of the owners pursued and the suspects shot him several times. The suspects were quickly located in Alameda County and were associated with robberies of several camera equipment stores throughout the Bay Area. All of the suspects were determined to be gang-related and were in their early twenties. The store has been the victim of organized retail theft on six other occasions with a total loss of over $78,000 since 2018.

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Attachment: Exhibit A: ORT Grant Application (Acceptance of Organized Retail Theft Grant Funds) The crimes of organized retail theft and auto theft both tend to have a similar offender make-up. It is frequently young and gang involved offenders. According to Ashton and Bussu (2020), “The impact of early childhood experiences, parental violence and drugs, behavioral disorders, and social deprivation are wildly acknowledged as contributing risk factors for gang membership. Gang membership is also associated with negative psychological traits, lack of impulse control and higher levels of psychopathy.” Offenders are either cited in the field or released quickly from custody when charged with any type of property crime. These individuals often end up back in the same environment lacking the resources to remove themselves from the cycle of criminality
As demonstrated in numerous letters of commitment, organized retail theft is a concern amongst the majority of our retailers. One response would be to increase officer presence. According to Rosalsky (2021) adding more police, also reduces other serious crimes, like robbery, rape, and aggravated assault. However according to Klemko (2023),
police departments across the country
are struggling to fill their ranks, creating what many current and former officials say is a staffing emergency that threatens public safety. The department is no stranger to this issue and is currently about 25% below the allotted sworn staffing levels. While the department continues to focus on retention and hiring, there has also been a renewed focus and recognition of the importance of technology improving officer efficiency, directing officers to where crimes are occurring and automatic perseveration of evidence.

The goal of diversion is to both relieve the pressure on the justice system and to provide more targeted responses for offenders (Gold & Lang, 2012). Community stakeholders prioritizing a solution to criminal activity may look to alternatives than simply arresting individuals. Our project aligns with the newly proposed AB 1708 which seeks to address shortcomings of Prop 47, criticized for reducing penalties for property crimes and creating a revolving door for criminality and leniency (Powell, 2023; Schilke, 2023). AB 1708 seeks to curb lenient penalties for repeat property theft offenders and also redirect petty theft offenders, when appropriate, to a diversion program for substance abuse and mental health treatment.

The studies conclude that policymakers and practitioners should work together to counteract increases in property crimes and improve reentry outcomes, which aligns with our project’s goals.

Project Description
The Campbell Police Department has been an early adopter of innovative technologies to address increasing crime rates, improve officer efficiency, and provide higher levels of service to the community. Technologies such as in-car license plate readers, fixed license plate readers, a robust drone program, and an emerging drone as first responder program (DFR), have allowed us to evaluate the effectiveness of these technologies and train our staff in their appropriate uses. These efforts have improved our efficiency, enforcement, and investigative capabilities. Our experience in these areas leads us to believe that expanding these technologies with a

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Attachment: Exhibit A: ORT Grant Application (Acceptance of Organized Retail Theft Grant Funds) specific focus on organized retail theft and auto theft will lead to positive outcomes.

Our project seeks to establish a Real Time Information Center (RTIC) that would operate during retail business hours seven days a week.

Current cloud-based technologies, like Fusus and Flock Safety, allow for the quick implementation of an RTIC at a smaller scale. This technology allows for integrations with existing intersection cameras, license plate readers, officer body cameras, drones, patrol vehicle cameras, private and public cameras, and surveillance systems. It requires minimal on-site IT support and hardware and can be logged into from any department computer. The unique aspect of both of these programs is that it allows the department to establish tangible data-sharing relationships with retailers if they choose to share real- time access to their surveillance systems.

These platforms integrate with the department’s current dispatch software, directing the RTIC operator on digital evidence collection resources near a call for service. This gives the operator the ability to quickly collect information in real-time while updating officers as they respond to the scene. The automation built into this software allows for the establishment of an RTIC with fewer staff resources.

The primary goal of the RTIC operator will be to use these digital resources to assist in getting officers to the right location with accurate descriptions of the parties involved as quickly as possible.

The secondary goal will be to preserve digital evidence for investigative and prosecutorial purposes. RTICs have a proven track record of success as demonstrated in Chicago, “The analysts identified crime hot spots, viewed cameras regularly and detected crimes in progress, and monitored traffic to allow units to arrive on scene much faster than previously possible. Crime reductions varied depending on the districts, with District 7 achieving the highest reduction of crime at 40% for homicides and shootings, identifying the collaboration with the community as the distinctive feature (Hollywood et al., 2019).”
The RTIC software will be acquired through a contract for the duration of the grant funding. The department believes that data collected during the grant period will justify the continued funding of this resource with City general funds or other grant opportunities.

The RTIC will rely on data feeds from various sources. One of these would be fixed ALPR cameras. The department is currently leasing fixed ALPR cameras through a two-year contract with Flock Safety.

The City Council authorized $50,000 per year for the contract, which will run through September 2024. The original camera outlay was designed to capture two of the primary ingress and egress roadways in Campbell to collect data to solve crimes after the fact. Even though the original camera outlay was not specifically designed to locate and apprehend offenders in stolen vehicles, arrests for auto theft have gone up by over 55% since deployment. As part of this project, we would add to our existing fixed ALPR camera outlay to

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Attachment: Exhibit A: ORT Grant Application (Acceptance of Organized Retail Theft Grant Funds) specifically focus on tracking stolen vehicles throughout the city to improve apprehension and recovery rates. The expanded outlay would also provide coverage for our retail shopping centers to identify vehicles involved in organized retail theft. The department intends to continue to fund the current ALPR outlay with City funds through the grant period and would only use grant funds to enhance our current ALPR assets.

Another source of data will be the addition of live feed panorama cameras strategically placed in the area of shopping centers and major retailers which will allow RTIC operators to manipulate and change view angles at these locations. This, in conjunction with DFR, will provide responding officers with crucial information that will improve our response and increase our apprehension rates.

The expansion of our existing DFR Program will allow teleoperators to fly drones to areas throughout the city quickly, improving response times to organized retail theft calls and assisting in tracking stolen vehicles, reducing the need for high-speed pursuits and improving officers’ ability to triangulate and apprehend offenders. Chula Vista Police Department has operated a DFR program for several years now and has data showing that DFR response reduces on-scene time to under two minutes on average and in 2018 was used to assist in the arrest of over 2000 offenders. The addition of fixed drone sights throughout the city and visual observation technology will allow teleoperators to quickly respond to organized retail theft crimes and incidents of auto theft. This additional ability to provide real-time information and quickly arrive at the scenes of calls has proven to assist officers in locating offenders while also de-escalating and safely resolving calls for both officers and offenders. Our current DFR program uses a single drone and operates on a part-time basis utilizing full-time staff as a collateral assignment. This proposal adds fixed drone in box locations, LTE flight technology, contracted visual observers, and detect and avoid technologies. None of this will replace existing software or hardware currently used for the program and would be an addition. All current licensing and software are on a ten-year contract with Axon that will run through the grant period. If successful, our intent would be to propose continuing to fund the DFR program through general city funds.

The department plans to operate the RTIC and DFR program seven days a week, for a ten-hour period, during retail hours. This will require four full-time RTIC positions to staff both positions throughout the week.

The additions of these technologies and staff resources will allow our officers to focus on where the organized retail theft or auto theft is occurring, respond quickly, and safely resolve the incident. The additional data collection will also assist in investigations and the successful prosecution of offenders. The technologies proposed are driven by calls for service or hits on information about a vehicle already wanted or related to a crime and are inherently unbiased and objective. Furthermore, the increased accuracy in directing officers to offenders reduces the chances of misidentification and stopping

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Attachment: Exhibit A: ORT Grant Application (Acceptance of Organized Retail Theft Grant Funds) uninvolved parties. The department has presented both the DFR and ALPR camera programs at council meetings and community
meetings allowing for community and stakeholder feedback.

The department provides staff training on procedural justice which covers bias every two years. The department has policies and procedures regulating the use of drones and surveillance equipment to ensure that it is not used to target specific persons or groups based on a protected status. The department adheres to FAA altitude regulations for drones and shall not intentionally record where a person has a reasonable expectation of privacy. The department is committed to providing services to the community with due regard for racial, cultural, and other differences, enforcing the law equally and fairly, without discrimination. Further details on department policies have been attached.

One of the central elements of our project proposal is the addition of a crime analyst. The crime analyst will be responsible for initial data collection and, in conjunction with our property crimes detective, establishing ongoing partnerships and data-sharing agreements with our retail community. The crime analyst will identify and work with counterparts throughout the region to help identify organized retail theft groups affecting our jurisdiction and provide this information in detailed reports to investigators. The crime analyst will establish a working partnership with the DA's Office personnel responsible for investigating and prosecuting organized retail theft and auto theft.

The crime analyst will also be responsible for tracking cases as they make their way through the court system.

The crime analyst and existing property crimes detective will coordinate with retailers to provide training on reporting incidents of suspected retail theft and techniques to prevent retail theft. Training and marketing materials will be provided to retailers to provide to their staff and display on their premises. We will also be asking retailers to participate in quarterly meetings with our crime analyst, property crimes detective, and a representative from the DA’s Office, to discuss the overall effectiveness of the project, share data related to retail theft loss, and receive updates from the DA’s Office and Police Department of trends from the last quarter. The Santa Clara County District Attorney’s Office has agreed to work with our crime analyst to provide updates on pending cases and assist with interagency networking on multijurisdictional cases.

The police department also recognizes that increased enforcement and arrests have a preventative effect but do not address some of the social causes behind why offenders engage in these activities.

Our project proposes a holistic approach that uses technology in an innovative way to directly deal with the crime but also commits our police department to partnerships with non-governmental and governmental agencies so that offenders are offered resources and opportunities to address some of the root causes of the behavior to end the cycle of criminality.

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Attachment: Exhibit A: ORT Grant Application (Acceptance of Organized Retail Theft Grant Funds) For the purposes of this project, a non-profit Open Doors to Future Possibilities has committed to take referrals of offenders from our department. This organization has committed to providing counseling, education, and job training. Our goal would be to provide individuals involved in either organized retail theft or auto theft with access to this resource on a voluntary basis at the time of citation or arrest. Officers investigating these cases in the field will have informational cards, detailing the organization's resources, and seek consent to release the offender's contact information to the non- profit for follow-up.

The primary goals for this project are the following: improve the rates of reporting organized retail theft through continual training and educational resources; decrease the response time of police resources to both auto theft and organized retail theft; increase arrest and prosecution rates; decrease the incidents of auto theft and retail theft; and provide offenders with alternatives to incarceration in the hopes of reducing recidivism.

Project
Organizational
Capacity and
Coordination
As was stated in our intent to apply, the Campbell Police Department is uniquely positioned to quickly implement many of the project’s proposals and move quickly into the service delivery phase. We are proposing the expansion of technologies that we have currently implemented, we already possess the necessary certifications, and our staff is currently trained and familiarized. The new technologies we are proposing to implement are cloud-based requiring less onsite equipment and support.

The police department is currently in a contract with Flock Safety for the lease of ALPR cameras and access to the ALPR software.

Attached to the budget, you will find a quote from Flock Safety for the proposed expansion of ALPR within the City and the addition of fixed surveillance cameras. Based on our prior experience implementing the existing contract, this part of the project would be ready for service delivery by the end of 2023.

The department currently operates a Drone as First Responder Program utilizing existing staff on overtime as a collateral assignment and on a part-time basis. The police department has a Drone program manager on staff that coordinates training, licensing, and certifications for the department. The department has a beyond visual line of sight waiver from the Federal Aviation Administration (FAA) for DFR operations and is one of only a handful of agencies throughout the country currently operating a DFR program. Our staff has experience training others in DFR operations and obtaining their FAA part 107 commercial drone license. We have already received quotes for the necessary additional equipment and software licenses to expand to a full-time DFR operation. If funded, we would plan to move immediately to procurement of equipment.

The department has a dedicated teleoperations center established for the current DFR program and will house the RTIC. The department has researched and received quotes for two cloud-based RTIC

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Attachment: Exhibit A: ORT Grant Application (Acceptance of Organized Retail Theft Grant Funds) options and intends on moving immediately to procurement if awarded. Additional computers, monitors, and radios would be needed to accommodate the RTIC. From an equipment, software, and integrations standpoint, the RTIC and DFR programs could be ready for full-time operations by the end of 2023. RTIC training would be managed by our existing dispatch supervisor and drone program manager. RTIC staff would be managed by our existing Dispatch Manager.

The police department has job descriptions and compensation rates prepared for the proposed Real Time Information Center and Crime Analyst positions. Once we received notification of the grant award, we would move forward with the process of creating those positions within the city and preparing them for recruitment. Ideally, we would have both recruitments open in October 2023, with the interview and selection process taking place in November 2023. The crime analyst would be prioritized, and we would anticipate filling the position and starting service delivery in January 2024.

The hiring, backgrounding, and training of new RTIC staff will take some time and will be completed by our Admin Sergeant, DFR team, and Dispatch trainers. During the hiring process, the department would plan to continue to utilize existing staff on overtime to operate the RTIC and DRF programs on a part-time basis. Full-time staffing and service delivery would be accomplished by April 2024.

Our community engagement and social media coordinator will manage the proposal's social media marketing and all associated contracts. All web-based advertising and educational materials would be ready for project delivery beginning January 2024.

As demonstrated in the letters of commitment, both the non-profit organization and District Attorney’s office have agreed to support our proposal. The non-profit seeks to provide resources to offenders, providing counseling, job training, and education. The DA's office seeks to increase prosecution of these thefts. The combined efforts of both agencies seek to reduce organized retail and auto theft. The crime analyst will manage partnerships with other agencies and begin on the same timeline. The crime analyst will be managed by our existing detective supervisor.

The FSD Captain will be responsible for the oversight and management of the hiring, supervision, and procurement processes throughout the grant period. If successful, the department expects to fund the project with general funds upon expiration of the grant.

Project Evaluation
and Monitoring
The department plans to use a variety of methods to monitor and evaluate the effectiveness of the project. The preliminary monitoring of the start-up phase of the project will be conducted by the Field Services Division Captain and the department’s grant writer. They will monitor the procurement, recruitment, and hiring processes.

The implementation phase will separate areas of monitoring

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Attachment: Exhibit A: ORT Grant Application (Acceptance of Organized Retail Theft Grant Funds) responsibility that will be assigned to existing staff and the crime analyst. The overall progress will continue to be monitored by the FSD Captain and grant writer, who will report on results from this phase. The expansion of the DFR program will be monitored by the existing department drone team coordinator. Setting up the real-time information center including implementation of software, hardware, and integrations will be monitored by the department’s dispatch supervisor. Contracting the social media public service announcement campaign, digital design, and creation of training materials and flyers will be monitored by the department’s existing communication and public engagement coordinator. Expansion of the existing ALPR system, the addition of surveillance cameras, and the integration of existing intersection cameras will be monitored by the sergeant assigned to manage the ALPR program currently.

The analyst will monitor agreements and partnerships with outside entities. We will be seeking to partner with a local university’s Justice Studies program to participate in the ongoing monitoring, quarterly reporting, local evaluation plan, and the local evaluation report.

Ongoing monitoring of the project will be shared by both.

The analyst will be tasked with meeting with retailers throughout the city and evaluating police records to obtain initial data points which will be used throughout the project to determine effectiveness. As demonstrated in many of the letters of agreement from local retailers, we anticipate that many of the retail businesses within Campbell will enter into a data-sharing agreement related to this project.

Information from retailers will include overall yearly operational loss, the estimated percentage of loss related to retail theft, and the number of reported incidents of theft from each business.

What we have learned through the initial conversations with retail partners is that a majority of retail theft goes unreported and when they are reported incidents of organized retail theft are not always charged or accounted for appropriately. The analyst will generate a report regarding the average reporting rate for retail businesses throughout the city. This percentage of reported versus non-reported will be determined with a primary goal of increasing the percentage of organized retail theft reporting from all retailers. The analyst will also report on the percentage of reported incidents that led to the arrest or identification of suspects pre-project implementation with a project goal of increasing the number of cases that lead to arrest. The response times to these calls will have an impact on the solve rates.

The analyst will develop a baseline response time to calls for service involving organized retail theft with a project goal of significantly reducing response times.

When evaluating this project and its effectiveness related to auto theft, we will use arrest and recovery data prior to project implementation and post-implementation to determine if rates of arrest and recovery are increasing. We will also evaluate the total number of auto thefts reported in the city to see if there is a reduction in this number during the service delivery phase.

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Attachment: Exhibit A: ORT Grant Application (Acceptance of Organized Retail Theft Grant Funds) The effectiveness of both the marketing and enforcement campaigns will be evaluated based on the effect it has on the total number of incidents of organized retail theft and auto theft during the project.

We will also monitor total operational loss associated with organized retail theft throughout the project to determine if the project's efforts are reducing this.

The effectiveness of efforts to reduce recidivism in partnership with the non-profit will be evaluated on the following metrics. The number of offenders who accept referrals to the non-profit. The number of those who accepted referrals and followed up by taking advantage of the programs and resources offered. Finally, the number of offenders who participated in the non-profit services and remained uninvolved in the criminal justice system for a year following their arrest.

Budget Instructions
Applicants are required to submit a Proposal Budget and Budget Narrative (Budget Attachment). Upon submission the Budget Attachment will become Section 5: Budget (Budget Tables & Narrative) making up part of the official proposal. The Budget Attachment must be filled out completely and accurately. Applicants are solely responsible for the accuracy and completeness of the information entered in the Proposal Budget and Budget Narrative.

The Proposal Budget must cover the entire grant period. For additional guidance related to grant budgets, refer to the BSCC Grant Administration Guide. The Budget Attachment is provided as a stand-alone document on the BSCC website.

Budget Attachment
ORT-Grant-Program-Budget-Attachment-Final.xlsx

SECTION V -

ATTACHMENTS
This section list the attachments that are required at the time of submission, unless otherwise noted. Project Work Plan (Appendix B) - Mandatory Grantee Assurance for Non-Governmental Organizations (Appendix D) - Mandatory Local Impact Letter(s) (Appendix E) - Mandatory Letter(s) of Commitment (Appendix F) - If Applicable Policies Limiting Racial Bias - Refer to page 9 of the Proposal Instruction Packet - Mandatory Policies on Surveillance Technology - Refer to page 9 of the Proposal Instruction Packet - If Applicable Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft, and Embezzlement (Appendix G) - Mandatory Governing Board Resolution (Appendix H) - Optional
Project Work Plan (Appendix B)
Project-Work-Plan-ORT.docx
Grantee Assurance for Non-Governmental Organizations (Appendix D) Grantee-Assurance-for-Non-Governmental-Organizations-ORT_-_signed.pdf Local Impact Letter(s) (Appendix E)
Local_Impacts.pdf

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Attachment: Exhibit A: ORT Grant Application (Acceptance of Organized Retail Theft Grant Funds) Letter(s) of Commitment, (Appendix F)
Letter_of_Commitment_-_Bens_Barketplace.pdf
Letter_of_Commitment_-_Cloud_City.pdf
Letter_of_Commitment_-_Home_Depot.pdf
Letter_of_Commitment_-_Road_Runner_Sports.pdf
Letter_of_Commitment_-_Vs_Barbershop.pdf
Letter_of_Commitment-_Downtown_Campbell.pdf
Letter_of_Commitment-_Nonprofit.docx
Letter_of_Commitment_-ULTA.docx
Letter_of_Support_-_Chamber_of_Commerce.pdf
Letter_of_Support_-_DA.pdf
Letter_of_Support_-_Police_Chief.pdf
Letter_of_Commitment_-_Whole_Foods.pdf
Policies Limiting Racial Bias
Policy-Bias-Based_Policing.pdf
Policies on Surveillance Technology
Policy-Automated_License_Plate_Readers__ALPRs_.pdf
Policy-Unmanned_Aerial_System__UAS__Operations.pdf
Certification of Compliance with BSCC Policies on Debarment, Fraud, Theft, and Embezzlement (Appendix G)
Certification-of-Compliance-with-BSCC-Policies-on-Debarment_-Fraud_-Theft_-and- Embezzlement-ORT_-_signed.pdf
OPTIONAL:

Governing Board
Resolution (Appendix
H)
n/a

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Attachment: Exhibit A: ORT Grant Application (Acceptance of Organized Retail Theft Grant Funds) OPTIONAL:

Bibliography
Ashton, S. A., & Bussu, A. (2020). Peer groups, street gangs and organised crime in the narratives of adolescent male offenders.

Journal of criminal psychology, 10(4), 277-292.

Bird, M., Loftstrom, M., Martin, B., Raphael, S., & Nguyen, V. (2018).

The Impact of Proposition 47 on Crime and Recidivism. Public Policy Institute of California.

California State Assembly Democratic Caucus. (2023). California Cities, Retailers, and Law Enforcement Urge Passage of AB 1708 to Combat Retail Theft. [Press release].

Gold, E., & Lang, J. Diverting Shoplifters: A research report and planning guide. The Center for Court Innovation.

Hollywood, J. S., McKay, K. N., Woods, D., & Agniel, D. (2019). Real- time crime centers in Chicago. RAND Corporation: Social and Economic Wellbeing.

Klemko, R. (2023). Police agencies are desperate to hire. But they say few want the job. Washington Post.

Powell, M. (2023). Opinion: California must repeal Prop 47, a virtual ‘Get out of Jail Free’ law for thieves. Times of San Diego.

Rosalsky, G. (2021). When you add more police to a city, what happens? NPR.

Schilke, R. (2023). A revolving door: California police and DA blame safer neighborhoods law for rise in drugs and crime. The Washington Examiner.

CONFIDENTIALITY
NOTICE:

All documents submitted as a part of the Organized Retail Theft Prevention Grant Program proposal are public documents and may be subject to a request pursuant to the California Public Records Act.

The BSCC cannot ensure the confidentiality of any information submitted in or with this proposal. (Gov. Code, § 6250 et seq.)

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Attachment: Exhibit A: ORT Grant Application (Acceptance of Organized Retail Theft Grant Funds) Organized Retail Theft Prevention Grant Program

Applicants must complete a Project Work Plan. This Project Work Plan identifies measurable goals and objectives, process and outcome measures, activities and services, responsible parties for those activities and services, data sources and estimated timelines. Completed plans should (1) identify the project’s top goals and objectives; (2) identify how the goal(s) will be achieved in terms of the activities, responsible staff/partners, and start and end dates, process and outcome measures; and (3) provide goals and objectives with a clear relationship to the need and intent of the grant. As this grant term is for three (3) years, the Project Work Plan must attempt to identify activities/services and estimate timelines for the entire grant term. A minimum of one goal and corresponding objectives, process measures, etc. must be identified.

Applicants must use the Project Work Plan provided below. You will be prompted to upload this document to the BSCC-Submittable Application.

(1) Goal: > Reduce Organized Retail Theft
Objectives (A., B., etc.) > A) Increase the number of arrests.

B) Reduction in response times.

C) Increased collaboration with local agencies
D) Increased rates of reporting from retailers
Process Measures and
Outcome Measures:
> Number of arrests, response times, recidivism rate , number of community meetings, mark eting and educational campaigns, establish baseline pre implementation and compare with post implementation, operational loss for retailers Project activities that support the identified goal and objectives: Responsible staff/partners Timeline Start Date End Date
> monthly/quarterly reports, accurate reporting of retail theft, solve rates, expanding DF R, establishing RTIC, expanding ALPR and placing cameras in retail areas
> patrol and investigations,
retailers, crime analyst,
communications and public
engagement coordinator,
RTIC operators, DA’s office,
nonprofit

> January 2024 > December 2026
List data and sources to be used to measure outcomes: > Crime Analyst software , reporting from local retailers, police department RMS data, regional law enforcement partnership data
Appendix B: Project Work Plan

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Attachment: Exhibit A: ORT Grant Application (Acceptance of Organized Retail Theft Grant Funds) Organized Retail Theft Prevention Grant Program

(2) Goal: > Reduce Overall Auto Theft
Objectives (A., B., etc.) > A) Improve ability to track and locate stolen vehicles B) Increase arrest and prosecution rates
C) Increased recovery rates

Process Measures and
Outcome Measures:
> pre-project data for arrests/ recoveries/ reported stolen vehicles compared to same data during service delivery period

Project activities that support the identified goal and objectives: Responsible staff/partners Timeline Start Date End Date
>expanding DFR, establishing RTIC, expanding ALPR and placing cameras, streaming of intersection cameras
> patrol and investigations,
nonprofit, crime analyst,
communications and public
engagement coordinator,
RTIC operators, DA’s office

> January 2024 > December 2026
List data and sources to be used to measure outcomes: > police department RMS data, APLR data

(3) Goal: > Provide alternatives to incarceration and reduce recidivism Objectives (A., B., etc.) > A) provide referral services to nonprofit at time of arrest B) nonprofit will provide resources and services directly related to underlying issues of criminality C) Remove individuals from the cycle of criminality into a stable productive environment

Process Measures and
Outcome Measures:
> Number of offenders referred, number of offenders who access resources, number of offenders who access resources and stay out of criminal justice system after 1 year of contact.

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Attachment: Exhibit A: ORT Grant Application (Acceptance of Organized Retail Theft Grant Funds) Organized Retail Theft Prevention Grant Program

Project activities that support the identified goal and objectives: Responsible staff/partners Timeline Start Date End Date
> offer alternative opportunities/resources to address social component
> crime analyst, nonprofit,
DA’s office

> January 2024 > December 2026
List data and sources to be used to measure outcomes: > police department RMS data, non-profit, DA’s office data, criminal history data

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Attachment: Exhibit A: ORT Grant Application (Acceptance of Organized Retail Theft Grant Funds) Total
$3,650,000.00
$1,951,804.00
$0.00
$0.00
$300,000.00
$20,000.00
$25,000.00
$0.00
$0.00
$5,946,804.00
Total
$640,000.00
$2,560,000.00
$450,000.00
$0.00
$0.00
$0.00
$0.00
$0.00
$3,650,000.00
Total
$492,300.00
$332,764.00
$212,733.00
$408,062.00
$415,945.00
$30,000.00
$60,000.00
$0.00
$1,951,804.00
TOTAL
1b. Salaries & Benefits Narrative:

Crime Analyst:
• Perform routine strategical crime analysis and research projects. • Collect, organize, and analyze various crime, incident, calls for service, arrests, and data and present crime data in written reports. • Connect with the DA’s office and local retailers to share data and reports • Collect and organize criminal information from all available resources, including field interview reports, other agencies, media, and crime bulletins. • Analyze data to establish trends within the agency and potential areas of interest.

Drone First Responder/ RTIC Operator:
• Receives, classifies, and prioritizes all incoming calls to the RTIC received from citizens and allied agencies requesting service or information; operates a variety of public safety communications equipment including 9-1-1 emergency telephone equipment, computer aided dispatch systems, and multi-channel radio system. • Evaluates response necessary; determines nature, location, and priority of calls; operates computer aided dispatch system to create calls for service within response criteria guidelines; assigns and dispatches personnel; transfers calls to other appropriate agency; obtains and dispatches other support services as necessary • Monitors cameras and other surveillance equipment, utilizing drone support when necessary • Provide airborne support to officers, decreasing response times and conduct immediate data collection Overtime:
• Budget allotted to cover overtime pay for the RTIC operators.

Real Time Information Center Software
Drone Equipment - Hardware & Software

1. Salaries & Benefits

4. Non-Governmental Organization (NGO) Subcontracts

6. Equipment/Fixed Assets

7. Financial Audit (Up to $25,000)

8. Other (Travel, Training, etc.)
1a. Salaries & Benefits
Description of Salaries & Benefits (% FTE or Hourly Rate) & Benefits (1) Crime Analyst $160,000 a year salary with benefits (health insurance, vision/dental insurance etc) (4) Drone First Responder/ RTIC Operator $160,000 a year salary with benefits (health insurance, vision/dental insurance etc) Overtime

2. Services and Supplies

3. Professional Services or Public Agencies

5. Data Collection and Evaluation

9. Indirect Costs
Organized Retail Theft Prevention Grant Program - Project Budget and Budget Narrative 44-Month Budget: October 1, 2023 to June 1, 2027
Campbell Police Department
2a. Services and Supplies
Name of Applicant:
(i.e., County Sheriff's Office, County Probation Department, or City Police Department) $68,351 first year (including tax) + $144,382 (2 subsequent years) Budget Line Item
Note: Rows 7-16 will auto-populate based on the information entered in the budget line items (Salaries and Benefits, Services and Supplies, etc.) Contracted Staffing - Rooftop Observation
Avoidant Detection Equipment - Hardware & Software
Marketing & Education
Crime Analyst Software
$150,000 a year
Automated License Plate Reader + Intersection Cam $408,062 for 3 years (including tax) TOTAL
Description of Services or Supplies Calculation for Expenditure $164,100 per year for 3 years (including tax)
$415,945 (including tax, 1 year)
$10,000 per year estimate
$20,000 per year for 3 years
TOTAL
$302,764 for 35 month term (including tax) + $10,000 per year maintenance 2b. Services and Supplies Narrative:

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Attachment: Exhibit A: ORT Grant Application (Acceptance of Organized Retail Theft Grant Funds) Description of Professional Service(s) Total
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
3b. Professional Services Narrative
Total
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Total
$300,000.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$300,000.00
4a. Non-Governmental Organization (NGO) Subcontracts
Calculation for Expense
Not applicable
TOTALS
Data Collection, Evaluation 5% of the grant award (estimate at $6 million) 5a. Data Collection and Evaluation
Calculation for Expense
TOTALS
4b. Non-Governmental Organization (NGO) Subcontracts Narrative Not applicable.

Description of Non-Governmental Organization
(NGO) Subcontracts
Description of Data Collection and Evaluation
3a. Professional Services
TOTAL
The Real Time Information Software: is a web-based, open platform software system that gives law enforcement agencies immediate access to information via one unified screen with one login. The system will integrate existing video data sources into a single platform with Computer Aided Dispatch and mapping. Furthermore, the software will integrate License Plate Reader data from multiple platforms while utilizing existing equipment, making it ideal to be quickly implemented.

Drone equipment: 5 DJI M30T dock bundle, 5 LTE add-on, software licensing for accessing to DFR software and livestreaming.

Avoid and Detect equipment: combination of radar and camera detection equipment to detect manned aircraft in the area of DFR operations.

Automated License Plate Reader: Lease of fixed automated license plate reader cameras, purchase and/or lease fixed intersection cameras.

Contracted Staffing: Contracting of visual observers for DFR operations. The department believes this will be replaced by avoid and detect equipment during the grant period. This is dependent on FAA approval.

Crime Analyst Software: social media data mining software that will assist analyst in building association of organized retail theft groups and crime analyst software allowing for analyzing of data, creating of organizational charts
Marketing & Education: monetized social media public awareness campaign, signage for retailers, referral flyers for nonprofit, educational materials for retailers.

The department received quotes for all of these services.

Not applicable.

Not Applicable
Calculation for Expenditure

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Attachment: Exhibit A: ORT Grant Application (Acceptance of Organized Retail Theft Grant Funds) Description of Equipment/Fixed Assets Total
$20,000.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$20,000.00
Total
$25,000.00
$0.00
$0.00
$0.00
$0.00
$0.00
$25,000.00
Total
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
TOTAL
7b. Financial Audit) Narrative:

The full amount has been allotted for the accounting and financial audit to ensure that the grant is fiscally responsible. Budgeting for the full amount allotted will allow the department to maximize efforts to ensure proper reporting of financial grant expenses. The amount will cover an independent financial audit of the grant period (Oct. 1, 2023 – Dec. 31, 2026) and result in a audit report (completed by June 1, 2027).The project seeks to hire a CPA, or equivalent, to conduct a final financial audit. 9a. Indirect Costs
8b. Other (Travel, Training, etc.) Narrative:

Enter narrative here. You may expand cell height if needed.

TOTAL
7a.Financial Audit
Description Calculation for Expense
Audit Hourly wage varies, plus financial report
8a.Other (Travel, Training, etc.)
Description Calculation for Expense
5b. Data Collection and Evaluation Narrative
The data collection is an essential part of the project and will be conducted by the crime analyst in collobration with a university Justice Studies research team.Various metrics will be measured throughout the service delivery period and project. The Local Evaluation Plan will be developed in collaboration with the university team to ensure objective and impartial evaluations.These reports will address the effectiveness of the proposed program in relation to each goal and objective.The Local Evaluation Plan will also develop a model that will help evaluate the effectiveness of the project, identitifying baseline metrics prior to implementation. The Local Evaluation Report will address the overall effectiveness of the project in meeting its goals and objectives.The department also agrees to collect data requested by BSCC regarding statewide evaluations, including Quarterly Progress Reports and other measures. Computers, Monitors, Radio TOTALS
6b. Equipment/Fixed Assets Narrative
6a. Equipment/Fixed Assets
Calculation for Expense
One time purchases of computers, monitors and radios are needed to help establish the RTIC. The new equipment is necessary to perform daily functions by the crime center, including and not limited to running various software, collecting data, and monitoring various cameras. $20,000 estimate

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Attachment: Exhibit A: ORT Grant Application (Acceptance of Organized Retail Theft Grant Funds) Grant Funds Total
$0 $0
$0
$0 $0
$0
TOTAL $0 $0
9b. Indirect Costs Narrative:

Enter narrative here. You may expand cell height if needed. If using a federally approved indirect cost rate, please include the rate in the narrative.

Please see instructions tab for additional information regarding Indirect Costs. If the amount exceeds the maximum allowed and/or turns red , please adjust it to not exceed the line-item noted.

For this grant program, indirect costs may be charged using only one of the two options below:
1) Indirect costs not to exceed 10 percent (10%) of the total grant award. Applicable if the organization does not have a federally approved indirect cost rate.

If using Option 1) grant funds allocated to Indirect Costs may not exceed:
2) Indirect costs not to exceed 20 percent (20%) of the total grant award. Applicable if the organization has a federally approved indirect cost rate. Amount claimed may not exceed the organization's federally approved indirect cost rate.

If using Option 2) grant funds allocated to Indirect Costs may not exceed:

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Attachment: Exhibit A: ORT Grant Application (Acceptance of Organized Retail Theft Grant Funds) When evaluating this project for local impacts there were very few areas where we felt the project implementation might impact retailers or other organizations.

If the project is successful it will result in increased referrals to the District Attorney’s Office. However, as demonstrated in District Attorney Rosen’s letter of commitment, they are prepared to dedicate the appropriate resources to ensure the project’s success.

The work conducted by the crime analyst will rely heavily upon partnerships and data sharing with regional law enforcement organizations, retailers within Campbell, the District Attorney’s Office, court and probation department. The accuracy of statistical data and ability to track sophisticated criminal organizations will rely heavily on these partnerships and data sharing agreements.

Similarly, our project proposes quarterly meetings, training, and posting of public awareness materials in businesses. As demonstrated by the attached letters of commitment, the retail community is supportive of this. While the commitment of these resources may have some impact on the operations of the business, it would be minimal at best.

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Attachment: Exhibit A: ORT Grant Application (Acceptance of Organized Retail Theft Grant Funds)

75 S. San Tomas Aquino Rd., Ste. 1, Campbell, CA 95008

To: Board of State and Community Corrections
Re: The Organized Retail Theft Prevention Grant Program Date: July 2, 2023

This letter is being submitted to document that Prospeross, Inc. DBA Ben’s Barketplace agrees to partner on the Organized Retail Theft Prevention Grant Program proposal being submitted by Campbell Police Department.

Retail theft has impacted our business and is an area of great concern. We support the Campbell Police Department’s application for grant funding and believe that the funding will result in positive results for retailers in Campbell.

As a part of this grant, Prospeross, Inc. DBA Ben’s Barketplace agrees to participate in employee training on crime reporting, quarterly meetings involving all stakeholders, share data related to retail theft, and evaluate other data sharing opportunities.

Signed by,

Randi Ross, CEO/President

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Attachment: Exhibit A: ORT Grant Application (Acceptance of Organized Retail Theft Grant Funds)

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Attachment: Exhibit A: ORT Grant Application (Acceptance of Organized Retail Theft Grant Funds) 1646SBascomAve, Campbell CA 95008408.769.6679
To: Boardof StateandCommunityCorrectionsRe: TheOrganizedRetail Theft PreventionGrant ProgramDate: 1July2023 This letter is being submittedtodocument that RoadRunner Sportsagreesto partner on the Organized Retail Theft Prevention Grant Programproposal beingsubmittedbySherreneBarnard.

Retail theft has impacted our business andisanareaof great concern. Wesupport the Campbell PoliceDepartment’sapplicationfor grant fundingandbelieve that the funding will result in positive results for retailers inCampbell.

As a part of this grant, Road Runner Sports agrees to participate inemployee training on crime reporting, quarterly meetings involving allstakeholders, share data related to retail theft, and evaluate other datasharingopportunities.

Signedby,
SherreneBarnardCoManager - CARetail

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Attachment: Exhibit A: ORT Grant Application (Acceptance of Organized Retail Theft Grant Funds)

1875 S. Bascom Ave. Ste. 148, Campbell, CA 95008

To: Board of State and Community Corrections
Re: The Organized Retail Theft Prevention Grant Program Date: July 2, 2023

This letter is being submitted to document that Lucross Holdings, Inc. DBA V’s Barbershop agrees to partner on the Organized Retail Theft Prevention Grant Program proposal being submitted by Campbell Police Department.

Retail theft has impacted our business and is an area of great concern. We support the Campbell Police Department’s application for grant funding and believe that the funding will result in positive results for retailers in Campbell.

As a part of this grant, Lucross Holdings, Inc. DBA V’s Barbershop agrees to participate in employee training on crime reporting, quarterly meetings involving all stakeholders, share data related to retail theft, and evaluate other data sharing opportunities.

Signed by,

Randi Ross, CEO/President

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Attachment: Exhibit A: ORT Grant Application (Acceptance of Organized Retail Theft Grant Funds)

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Attachment: Exhibit A: ORT Grant Application (Acceptance of Organized Retail Theft Grant Funds)

To: Board of State and Community Correction
Re: The Organized Retail Theft Prevention Grant Program Date: June 19th, 2023

This letter is being submitted to document that Open Doors to Future Possibilities, Inc., a 501(C)(3) California Nonprofit Public Benefit Corporation, located in San Jose, agrees to partner on the Organized Retail Theft Prevention Grant Program proposal being submitted by the Campbell Police Department and to support them in any way possible so they can achieve their goals.

At Open Doors to future Possibilities, we provide low-income community members with low-cost counseling ($10 an hour). In our Veterans and law enforcement Programs, we provide Veterans, law enforcement officers and their families with free-of-charge counseling, educational and employment services, roundtables, tutoring, workshops, and connection to benefits and resources. We also have a homeless outreach Program, where we serve the unhoused neighbors with much needed supplies, education, employment, temporary and permanent housing and connect them with essential resources.

As a part of this grant, Open Doors to Future Possibilities, Inc. agrees to support Campbell Police Department in preventing and responding to organized retail theft, motor vehicle or motor vehicle accessory theft, or cargo theft. We will provide the referred offenders with counseling services so they can process their past experiences and make healthier choices to create better lives for themselves and their families. Connecting them to educational opportunities is another service we will provide. Furthermore, our tutoring services will help them prepare to attend skill training classes, school/college, or other educational programs such as NPower so they can get the training or education required for the internship and employment possibilities we provide for them.

In addition to connecting them to employment opportunities, we will train them to learn and utilize more effective communication skills and teach them how to do well at job interviews. Assisting these individuals to access temporary and permanent housing will be another way of enabling them to experience stability and stay away from their unfortunate past paths. Our trained staff will check in with these individuals on a regular basis to provide them with support, guidance, and essential needs to reduce the likelihood of setbacks.

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Attachment: Exhibit A: ORT Grant Application (Acceptance of Organized Retail Theft Grant Funds)

If awarded, Open Doors to Future Possibilities, Inc. is committed to ensuring the success of this project and agrees to participate with providing the referred individuals with counseling, tutoring, skills training and educational programs, job opportunities and connection to temporary and permanent housing and supporting them in any way we can so they can have a second chance in life for a better, healthier future.

Please don’t hesitate to contact me should you need any further information at 925-487-8752 or via email: [email protected]

Sincerely,
Simone Lundquist
Simone Lundquist, PhD
Founder & Executive Director
Open Doors to Future Possibilities, Inc.

Cell: 925-487-8752
1550 The Alameda, Suite 150
San Jose, CA 95126

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Attachment: Exhibit A: ORT Grant Application (Acceptance of Organized Retail Theft Grant Funds)

To: Board of State and Community Corrections
Re: The Organized Retail Theft Prevention Grant Program Date: 6/15/2023

This letter is being submitted to document that ULTA Beauty agrees to partner on the Organized Retail Theft Prevention Grant Program proposal being submitted by The City of Campbell.

As part of this grant, ULTA Beauty agrees to:

1. Coordinate with the Campbell Police Department during planned operations involving law enforcement and ULTA Loss Prevention personnel.

2. Attend meetings, when able to do so, hosted by the Campbell Police Department in which strategies and trends are shared regarding Organized Retail Theft Prevention. ULTA Beauty will be able to support with sharing ongoing trends and/or groups targeting the locations in the area.

3. Share with Campbell Police Department information regarding Organized Retail Theft trends, offenders, methods, etc. through an ongoing partnerships and communication.

4. Participate in multi-agency, multi-cooperation operations targeting Organized Retail Theft when available.

5. Participate in the prosecution phase of cases and make available representatives to appear in court on your business’ behalf.

6. At ULTA Beauty in Campbell, Ca, shrink has continued to increase year over year. Ulta Beauty in Campbell is trending 3X higher in ORC type events in 2023 vs 2022. More concerning is the increase in violence with the theft incidents that are occurring in store, creating an unsafe environment for our ULTA associates and other guests in the building or center.

7. ULTA beauty is excited for the continued partnership with the Campbell Police Department to help reduce Organized Retail Theft in the community and for ULTA Beauty. In the past the Campbell Police Department and patrol have been extremely helpful with support to the store. With this grant, it gives the department the ability to support even more often, in not just responding to incidents, but to also conduct preventative measures to send a positive message to the community and set the tone for bad actors attempting to cause losses in the area.

Signed by,

Chuck Vega, Area Loss Prevention Manager

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Attachment: Exhibit A: ORT Grant Application (Acceptance of Organized Retail Theft Grant Funds) Policy
402
Campbell Police Department
Campbell PD Policy Manual
Copyright Lexipol, LLC 2023/04/19, All Rights Reserved.

Published with permission by Campbell Police Department Bias-Based Policing - 1
Bias-Based Policing
402.1 PURPOSE AND SCOPE
This policy provides guidance to department members that affirms the Campbell Police Department's commitment to policing that is fair and objective.

Nothing in this policy prohibits the use of specified characteristics in law enforcement activities designed to strengthen the department's relationship with its diverse communities (e.g., cultural and ethnicity awareness training, youth programs, community group outreach, partnerships). 402.1.1 DEFINITIONS
Definitions related to this policy include:

Bias-based policing - An inappropriate reliance on actual or perceived characteristics such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, disability, or affiliation with any non-criminal group (protected characteristics) as the basis for providing differing law enforcement service or enforcement (Penal Code § 13519.4).
402.2 POLICY
The Campbell Police Department is committed to providing law enforcement services to the community with due regard for the racial, cultural or other differences of those served. It is the policy of this department to provide law enforcement services and to enforce the law equally, fairly, objectively and without discrimination toward any individual or group. 402.3 BIAS-BASED POLICING PROHIBITED
Bias-based policing is strictly prohibited.

However, nothing in this policy is intended to prohibit an officer from considering protected characteristics in combination with credible, timely and distinct information connecting a person or people of a specific characteristic to a specific unlawful incident, or to specific unlawful incidents, specific criminal patterns or specific schemes.
402.3.1 CALIFORNIA RELIGIOUS FREEDOM ACT
Members shall not collect information from a person based on religious belief, practice, affiliation, national origin or ethnicity unless permitted under state or federal law (Government Code § 8310.3).

Members shall not assist federal government authorities (Government Code § 8310.3):
(a) In compiling personal information about a person’s religious belief, practice, affiliation, national origin or ethnicity.
(b) By investigating, enforcing or assisting with the investigation or enforcement of any requirement that a person register with the federal government based on religious belief, practice, or affiliation, or national origin or ethnicity.

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Attachment: Exhibit A: ORT Grant Application (Acceptance of Organized Retail Theft Grant Funds) Campbell Police Department
Campbell PD Policy Manual
Bias-Based Policing
Copyright Lexipol, LLC 2023/04/19, All Rights Reserved.

Published with permission by Campbell Police Department Bias-Based Policing - 2
402.4 MEMBER RESPONSIBILITIES
Every member of this department shall perform his/her duties in a fair and objective manner and is responsible for promptly reporting any suspected or known instances of bias-based policing to a supervisor. Members should, when reasonable to do so, intervene to prevent any biased-based actions by another member.
402.4.1 REASON FOR CONTACT
Officers contacting a person shall be prepared to articulate sufficient reason for the contact, independent of the protected characteristics of the individual.

To the extent that written documentation would otherwise be completed (e.g., arrest report, field interview (FI) card), the involved officer should include those facts giving rise to the contact, as applicable.

Except for required data-collection forms or methods, nothing in this policy shall require any officer to document a contact that would not otherwise require reporting. 402.5 SUPERVISOR RESPONSIBILITIES
Supervisors should monitor those individuals under their command for compliance with this policy and shall handle any alleged or observed violations in accordance with the Personnel Complaints Policy.
(a) Supervisors should discuss any issues with the involved officer and his/her supervisor in a timely manner.
(a) Supervisors should document these discussions, in the prescribed manner. (b) Recordings or data that capture a potential instance of bias-based policing should be appropriately retained for administrative investigation purposes. (b) Supervisors shall initiate investigations of any actual or alleged violations of this policy. (c) Supervisors should take prompt and reasonable steps to address any retaliatory action taken against any member of this department who discloses information concerning bias-based policing.
402.6 TRAINING
Training on fair and objective policing and review of this policy should be conducted as directed by the Training.
(a) All sworn members of this department will be scheduled to attend Peace Officer Standards and Training (POST)-approved training on the subject of bias-based policing.
(b) Pending participation in such POST-approved training and at all times, all members of this department are encouraged to familiarize themselves with and consider racial and cultural differences among members of this community.

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Campbell PD Policy Manual
Bias-Based Policing
Copyright Lexipol, LLC 2023/04/19, All Rights Reserved.

Published with permission by Campbell Police Department Bias-Based Policing - 3
(c) Each sworn member of this department who received initial bias-based policing training will thereafter be required to complete an approved refresher course every five years, or sooner if deemed necessary, in order to keep current with changing racial, identity and cultural trends (Penal Code § 13519.4(i)). 402.7 REPORTING TO CALIFORNIA DEPARTMENT OF JUSTICE
The Police Administration Manager shall ensure that all data required by the California Department of Justice (DOJ) regarding complaints of racial bias against officers is collected and provided to the Records Supervisor for required reporting to the DOJ (Penal Code § 13012; Penal Code § 13020). See the Records Policy.

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463
Campbell Police Department
Campbell PD Policy Manual
Copyright Lexipol, LLC 2023/04/19, All Rights Reserved.

Published with permission by Campbell Police Department Automated License Plate Readers (ALPRs) - 1
Automated License Plate Readers (ALPRs)
463.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance for the capture, storage and use of digital data obtained through the use of Automated License Plate Reader (ALPR) technology. 463.1.1 DEFINITIONS
(a) Automated License Plate Reader (ALPR): A device that uses cameras and computer technology to compare digital images to lists of known information of interest. (b) ALPR Operator: Trained Department members who may utilize ALPR system/ equipment. ALPR operators may be assigned to any position within the Department, and the ALPR Administrator may order the deployment of the ALPR systems for use in various efforts.
(c) ALPR Administrator: The Patrol Division Captain or the Chief's designee, serves as the ALPR Administrator for the Department.
(d) Hot List: A list of license plates associated with vehicles of interest compiled for one or more databases including, but not limited to, NCIC, CA DMV, Local BOLO's etc. (e) Vehicles of Interest: Including, but not limited to vehicles which are reported as stolen; display stolen license plates or tags; vehicles linked to missing and/or wanted persons and vehicles flagged by the Department of Motor Vehicle Administration or law enforcement agencies.
(f) Detection: Data obtained by an ALPR of an image (such as a license plate) within public view that was read by the device, including potential images (such as the plate and description of vehicle on which it was displayed), and information regarding the location of the ALPR system at the time of the ALPR's read. (g) Hit: Alert from the ALPR system that a scanned license plate number may be in the National Crime Information Center (NCIC) or other law enforcement database for a specific reason including, but not limited to, being related to a stolen car, wanted person, missing person, domestic violation protective order or terrorist-related activity. 463.2 ADMINISTRATION
The ALPR technology, also known as License Plate Recognition (LPR), allows for the automated detection of license platesThe technology is used by the Campbell Police Department to convert data associated with vehicle license plates for official law enforcement purposes, including identifying stolen or wanted vehicles, stolen license plates and missing persons. It may also be used to gather information related to active warrants, homeland security, electronic surveillance, suspect interdiction and stolen property recovery.

All installation and maintenance of ALPR equipment, as well as ALPR data retention and access, shall be managed by the Administration Division Commander. The Administration Division Commander will assign members under his/her command to administer the day-to-day operation of the ALPR equipment and data.

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Attachment: Exhibit A: ORT Grant Application (Acceptance of Organized Retail Theft Grant Funds) Campbell Police Department
Campbell PD Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2023/04/19, All Rights Reserved.

Published with permission by Campbell Police Department Automated License Plate Readers (ALPRs) - 2
463.2.1 ALPR ADMINISTRATOR
The Administration Division Commander shall be responsible for developing guidelines and procedures to comply with the requirements of Civil Code § 1798.90.5 et seq. This includes, but is not limited to (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
(a) Only properly trained sworn officers, crime analysts, public safety dispatchers, and other properly trained personnel are allowed to access to the ALPR system or to collect ALPR information.
(b) A description of how the ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws. (c) Ensuring that procedures are followed for system operators and to maintain records of access in compliance with Civil Code § 1798.90.52.
(d) The title and name of the current designee in overseeing the ALPR operation. (e) Working with the Custodian of Records on the retention and destruction of ALPR data. (f) Ensuring this policy and related procedures are conspicuously posted on the department's website.
463.3 OPERATIONS
Use of an ALPR is restricted to the purposes outlined below. Department members shall not use, or allow others to use the equipment or database records for any unauthorized purpose (Civil Code § 1798.90.51; Civil Code § 1798.90.53).
(a) An ALPR shall only be used for official law enforcement business. (b) An ALPR may be used in conjunction with any routine patrol operation or criminal investigation. Reasonable suspicion or probable cause is not required before using an ALPR.
(c) While an ALPR may be used to canvass license plates around any crime scene, particular consideration should be given to using ALPR-equipped cars to canvass areas around homicides, shootings and other major incidents. Partial license plates reported during major crimes should be entered into the ALPR system in an attempt to identify suspect vehicles.
(d) No member of this department shall operate ALPR equipment or access ALPR data without first completing department-approved training.
(e) No ALPR operator may access department, state or federal data unless otherwise authorized to do so.
(f) Once an alert is received, the operator should confirm that the observed license plate from the system matches the license plate of the observed vehicle. Before any law enforcement action is taken because of an ALPR alert, the alert will be verified through a CLETS inquiry via MDC or through Dispatch. Members will not take any police action that restricts the freedom of any individual based solely on an ALPR alert unless is has been validated. Because the ALPR alert may relate to a vehicle and may not relate to the person operating the vehicle, officers are reminded that they need to have reasonable suspicion and/or probable cause to make an enforcement stop of the any

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Attachment: Exhibit A: ORT Grant Application (Acceptance of Organized Retail Theft Grant Funds) Campbell Police Department
Campbell PD Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2023/04/19, All Rights Reserved.

Published with permission by Campbell Police Department Automated License Plate Readers (ALPRs) - 3
vehicle. (For example, if a vehicle is entered into the system because of its association with a wanted individual, Officers should attempt to visually match the driver to the description of the wanted subject prior to making the stop or should have another legal basis for making the stop.)
(g) Hot List. Designation of hot lists to be utilized by the ALPR system shall be made by the ALPR Administrator of his/her designee. Hot lists shall be obtained or compiled from sources as may be consistent with the purposes of the ALPR system set forth in this Policy. Hot lists utilized by the Department's ALPR system may be updated by agency sources more frequently than the Department may be uploading them and thus the Department's ALPR system will not have access to real time data. Occasionally, there may be errors in the ALPR system's read of a license plate. Therefore, an alert alone shall not be a basis for police action (other than following the vehicle of interest). Prior to initiation of a stop of a vehicle or other intervention based on an alert, Department members should undertake the following:

1. Verification of status on a Hot List. An officer must receive confirmation, from a Campbell Police Department Public Safety Dispatcher or other department computer device, that the license plate is still stolen, wanted, or otherwise of interest before proceeding (absent exigent circumstances).

2. Visual verification of license plate number. Officers shall visually verify that the license plate of interest matches identically with the image of the license plate number captured (read) by the ALPR, including both the alphanumeric characters of the license plate, state of issue, and vehicle descriptors before proceeding. Department members alerted to the fact that an observed motor vehicle's license plate is entered as a Hot Plate (hit) in a specific BOLO (Be on the lookout) list are required to make a reasonable effort to confirm that a wanted person is actually in the vehicle and/or that a reasonable basis exists before a Department member would have a lawful basis to stop the vehicle.

3. Department members will clear all stops from hot list alerts by indicating the positive ALPR Hit, i.e., with an arrest or other enforcement action. If it is not obvious in the text of the call as to the correlation of the ALPR Hit and the arrest, then the Department member shall update with the Communications Dispatcher and original person and/or a crime analyst inputting the vehicle in the hot list (hit).

4. General Hot List (SVS, SFR, and SLR) will be automatically downloaded into the ALPR system a minimum of once a day with the most current data overwriting the old data.

5. All entries and updates of specific Hot Lists within the ALPR system will be documented by the requesting Department member within the appropriate general offense report. As such, specific Hot Lists shall be approved by the ALPR Administrator (or his/her designee) before initial entry within the ALPR system. The updating of such a list within the ALPR system shall thereafter be accomplished pursuant to the approval of the Department member's immediate supervisor. The hits from these data sources should be viewed as informational; created solely to bring the officers attention to specific vehicles that have associated with criminal activity. All Hot Plates and suspect information entered into the ALPR system will contain the following information at a minimum:

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Campbell PD Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2023/04/19, All Rights Reserved.

Published with permission by Campbell Police Department Automated License Plate Readers (ALPRs) - 4
(a) Entering Department member's name
(b) Related case number
(c) Short synopsis describing the nature of the originating call. (h) Login/Log-Out Procedure. To ensure proper operation and facilitate oversight of the ALPR system, all users will be required to have individual credentials for access and use of the systems and/or data, which has the ability to be fully audited.

Permitted/Impermissible Uses: All data collected, is the property of the Campbell Police Department. Department personnel may only access and use the ALPR system for official and legitimate law enforcement purposes consistent with this Policy. The following uses of the ALPR system are specifically prohibited:

1. Invasion of Privacy: Except when done pursuant to a court order such as a search warrant, it is a violation of this Policy to utilize the ALPR to record license plates except those of vehicles that are exposed to public view (e.g., vehicles on a public road or street, or that are on private property but whose license plate(s) are visible from a public road, street, or place to which members of the public have access, such as the parking lot of a shop or other business establishment).

2. Harassment or Intimidation: It is a violation of this Policy to use the ALPR system to harass and/or intimidate any individual or group.

3. Use Based on a Protected Characteristic. It is a violation of this Policy to use the ALPR system or associated scan files or hot lists solely because of a person's, or group's race, gender, religion, political affiliation, nationality, ethnicity, sexual orientation, disability, or other classification protected by law.

4. Personal Use. It is a violation of this Policy to use the ALPR system or associated scan files or hot lists for any personal purpose.

5. First Amendment Rights. It is a violation of this Policy to use the ALPR system or associated scan files or hot lists for the purpose or known effect of infringing upon First Amendment rights. Anyone who engages in an impermissible use of the ALPR system or associated scan files or hot lists may be subject to:
• criminal prosecution,
• civil liability, and/or
• administrative sanctions, up to and including termination, pursuant to an consistent with the relevant collective bargaining agreements and Department policies.
463.4 DATA COLLECTION AND RETENTION
The Field ServicesDivision Commander is responsible for ensuring systems and processes are in place for the proper collection and retention of ALPR data. Data will be transferred from vehicles to the designated storage in accordance with department procedures.

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Campbell PD Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2023/04/19, All Rights Reserved.

Published with permission by Campbell Police Department Automated License Plate Readers (ALPRs) - 5
All ALPR data downloadedshould be stored for 30 daysThereafter, ALPR data should be purged unless it has become, or it is reasonable to believe it will become, evidence in a criminal or civil action or is subject to a discovery request or other lawful action to produce records. In those circumstances the applicable data should be downloaded to evidence.com. 463.5 ACCOUNTABILITY
All data will be closely safeguarded and protected by both procedural and technological means.

The Campbell Police Department will observe the following safeguards regarding access to and use of stored data (Civil Code § 1798.90.51; Civil Code § 1798.90.53):
(a) All ALPR data downloaded to the mobile workstation and in storage shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date and time (Civil Code § 1798.90.52). (b) All non-law enforcement requests for access to stored ALPR data shall be processed in accordance with applicable law.
(c) Members approved to access ALPR data under these guidelines are permitted to access the data for legitimate law enforcement purposes only, such as when the data relate to a specific criminal investigation or department-related civil or administrative action.
(d) ALPR system audits should be conducted on a regular basis. (e) Members approved to access ALPR data under these guidelines are permitted to access the data for legitimate law enforcement purposes only, such as when the data relate to a specific criminal investigation or department-related civil or administrative action.
(f) Such ALPR data may be released to other authorized and verified law enforcement officials and agencies for legitimate law enforcement purposes. (g) Every ALPR Detection Browsing Inquiry must be documented by either the associated Campbell Police case number or incident number, and/or a reason for the inquiry.

For security or data breaches, see the Records Release and Maintenance Policy. 463.6 POLICY
The policy of the Campbell Police Department is to utilize ALPR technology to capture and store digital license plate data and images while recognizing the established privacy rights of the public.

All data and images gathered by the ALPR are for the official use of this department. Because such data may contain confidential information, it is not open to public review. The Campbell Police Department does not permit the sharing of ALPR data gathered by the City or its contractors/ subcontractors for purpose of federal immigration enforcement, pursuant to the California Values Act (Government Code § 7282.5, Government Code § 7284.2 et seq)-- these federal immigration agencies include Immigrations and Customs Enforcement (ICE) and Customs and Border Patrol (CPB). It is not used for purposes prohibited under California law including but not limited to the California Values Act (SB54).

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Campbell PD Policy Manual
Automated License Plate Readers (ALPRs)
Copyright Lexipol, LLC 2023/04/19, All Rights Reserved.

Published with permission by Campbell Police Department Automated License Plate Readers (ALPRs) - 6
463.7 ALPR DATA DETECTION BROWSING AUDITS
It is the responsibility of the Field Services Division Captain or the Chief's designee to ensure that an audit is conducted of the ALPR detection browsing inquires at least once during each calendar year. The Department will audit a sampling of the ALPR system utilization from the prior 12-month period to verify proper use in accordance with the above-authorized uses. The audit shall randomly select at least 10 detection browsing inquires conducted by department employees during the preceding six-month period and determine if each inquiry meets the requirements to established in policy section 463.5(g). The audit shall be documented in the form of an internal department memorandum to the Chief of Police. The memorandum shall include any data errors found so that such errors found can be corrected. After review by the Chief of Police, the memorandum and any associated documentation shall be filed and retained by the Field Services Division Captain. 463.8 RELEASING ALPR DATA
The ALPR data may be shared only with other law enforcement or prosecutorial agencies for official law enforcement purposes or as otherwise permitted by law, using the following procedures:
(a) The agency makes a written request for the ALPR data that includes:

1. The name of the agency.

2. The name of the person requesting.

3. The intended purpose of obtaining the information.
(b) The request is reviewed by the Field Services Division Commander or the authorized designee and approved before the request is fulfilled.
(c) The approved request is retained on file.
(d) Active data sharing can be authorized through mutual agency agreement.

Requests for ALPR data by non-law enforcement or non-prosecutorial agencies will be processed as provided in the Records Maintenance and Release Policy (Civil Code § 1798.90.55). 463.9 TRAINING
The Administrative Sergeantshould ensure that members receive department-approved training for those authorized to use or access the ALPR system (Civil Code § 1798.90.51; Civil Code § 1798.90.53).

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Attachment: Exhibit A: ORT Grant Application (Acceptance of Organized Retail Theft Grant Funds) Policy
614
Campbell Police Department
Campbell PD Policy Manual
Copyright Lexipol, LLC 2023/04/19, All Rights Reserved.

Published with permission by Campbell Police Department Unmanned Aerial System (UAS) Operations -
1 Unmanned Aerial System (UAS) Operations
614.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines for the use of an unmanned aerial system (UAS) and for the storage, retrieval and dissemination of images and data captured by the UAS. 614.1.1 DEFINITIONS
Definitions related to this policy include:

Unmanned Aerial System (UAS) - An unmanned aircraft of any type that is capable of sustaining directed flight, whether preprogrammed or remotely controlled (commonly referred to as an unmanned aerial vehicle (UAV)), and all of the supporting or attached systems designed for gathering information through imaging, recording or any other means. 614.2 POLICY
Unmanned aerial systems may be utilized to enhance the department’s mission of protecting lives and property when other means and resources are not available or are less effective. Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations.
614.3 PRIVACY
The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations. 614.4 PROGRAM COORDINATOR
The Chief of Police will appoint a program coordinator who will be responsible for the management of the UAS program. The program coordinator will ensure that policies and procedures conform to current laws, regulations and best practices and will have the following additional responsibilities:
• Coordinating the FAA Certificate of Waiver or Authorization (COA) application process and ensuring that the COA is current.
• Ensuring that all authorized operators and required observers have completed all required FAA and department-approved training in the operation, applicable laws, policies and procedures regarding use of the UAS.
• Developing uniform protocol for submission and evaluation of requests to deploy a UAS, including urgent requests made during ongoing or emerging incidents.

Deployment of a UAS shall require authorization from the Chief of Police or the authorized designee, depending on the type of mission.

17.b
Packet Pg. 348
Attachment: Exhibit A: ORT Grant Application (Acceptance of Organized Retail Theft Grant Funds) Campbell Police Department
Campbell PD Policy Manual
Unmanned Aerial System (UAS) Operations
Copyright Lexipol, LLC 2023/04/19, All Rights Reserved.

Published with permission by Campbell Police Department Unmanned Aerial System (UAS) Operations -
2 •
•
• Developing an operational protocol governing the deployment and operation of a UAS including, but not limited to, safety oversight, use of visual observers, establishment of lost link procedures and secure communication with air traffic control facilities. • Developing a protocol for documenting all missions.
• Developing a UAS inspection, maintenance and record-keeping protocol to ensure continuing airworthiness of a UAS, up to and including its overhaul or life limits. • Developing protocols to ensure that all data intended to be used as evidence are accessed, maintained, stored and retrieved in a manner that ensures its integrity as evidence, including strict adherence to chain of custody requirements. Electronic trails, including encryption, authenticity certificates and date and time stamping, shall be used as appropriate to preserve individual rights and to ensure the authenticity and maintenance of a secure evidentiary chain of custody.
• Developing protocols that ensure retention and purge periods are maintained in accordance with established records retention schedules. • Facilitating law enforcement access to images and data captured by the UAS. • Recommending program enhancements, particularly regarding safety and information security.
• Ensuring that established protocols are followed by monitoring and providing periodic reports on the program to the Chief of Police.
614.5 USE OF UAS
Only authorized operators who have completed the required training shall be permitted to operate the UAS. The UAS is authorized to be deployed under certain circumstances these include, but are not limited to:
(a) Public safety and life preservation missions including, barricaded suspects, hostage situations, active shooters, apprehension of armed and dangerous fleeing suspects, and high-risk search warrants;
(b) Lost or missing persons;
(c) Rescue events;
(d) Disaster response and recovery;
(e) Suspected explosive devices;
(f) Fire/arson investigation;
(g) Post-incident crime scene preservation and documentation; (h) Pursuant to a search warrant;
(i) Departmental videos (recruitment, PR, etc.);

17.b
Packet Pg. 349
Attachment: Exhibit A: ORT Grant Application (Acceptance of Organized Retail Theft Grant Funds) Campbell Police Department
Campbell PD Policy Manual
Unmanned Aerial System (UAS) Operations
Copyright Lexipol, LLC 2023/04/19, All Rights Reserved.

Published with permission by Campbell Police Department Unmanned Aerial System (UAS) Operations -
3 (j) Anytime a UAS would enhance public safety, improve operational safety, incident stabilization or incident mitigation as determined by the authorizing person; (k) Anti-UAV operations when a person is operating a UAV in a manner which impedes emergency personnel who, in the course of their duties, are coping with an emergency (refer to Penal Code 402(a)1); and
(l) In support of other law enforcement agencies or fire departments when the underlying mission meets the uses outlined in this policy.

Use of vision enhancement technology (e.g., thermal and other imaging equipment not generally available to the public) is permissible in viewing areas only where there is no protectable privacy interest or when in compliance with a search warrant or court order. In all other instances, legal counsel should be consulted.
614.6 PROHIBITED USE
The UAS video surveillance equipment shall not be used:
• To conduct random surveillance activities.
• To target a person based solely on actual or perceived characteristics, such as race, ethnicity, national origin, religion, sex, sexual orientation, gender identity or expression, economic status, age, cultural group, or disability. • To harass, intimidate, or discriminate against any individual or group. • To conduct personal business of any type.

The UAS shall not be weaponized.
614.7 RETENTION OF UAS DATA
Data collected by the UAS shall be retained as provided in the established records retention schedule.

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Attachment: Exhibit A: ORT Grant Application (Acceptance of Organized Retail Theft Grant Funds) STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES SCO ID:5227-BSCC- 1145-23 STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (If Applicable) STD 213 (Rev 03/2019) BSCC 1145- 23

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME

BOARD OF STATE AND COMMUNITY CORRECTIONS

CONTRACTOR NAME
Campbell Police Department

2. The term of this Agreement is:

START DATE
OCTOBER 1, 2023

THROUGH END DATE
JUNE 1, 2027

3. The maximum amount of this Agreement is:
$400,562.00

4. The parties agree to comply with the terms and conditions of the following exhibits, attachments, and appendices which are by this reference made a part of the Agreement.

EXHIBITS TITLE PAGES
Exhibit A Scope of Work 3
Exhibit B Budget Detail and Payment Provisions 4
Exhibit C General Terms and Conditions (04/2017) 4
Exhibit D

Special Terms and Conditions 5
Attachment 1* Organized Retail Theft Prevention Grant Program Request for Proposals * Attachment 2 Organized Retail Theft Prevention Grant Program Grant Proposal 48 Appendix A

Organized Retail Theft Grant Program Scoring Panel Roster 1 Appendix B Grantee Assurance for Non-Governmental Organizations 2 * This item is hereby incorporated by reference and can be viewed at: https://www.bscc.ca.gov/organized-retail-theft-grant-program/ IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) Campbell Police Department

CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP
70 North 1st Street Campbell CA 95008

TITLE PRINTED NAME OF PERSON SIGNING
Gary Berg Chief of Police

CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED


STATE OF CALIFORNIA

CONTRACTING AGENCY NAME

BOARD OF STATE AND COMMUNITY CORRECTIONS

CONTRACTING AGENCY ADDRESS CITY STATE ZIP
2590 Venture Oaks Way, Suite 200 Sacramento CA 95833

PRINTED NAME OF PERSON SIGNING TITLE
COLLEEN CURTIN Deputy Director

CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED


CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL: EXEMPT PER SCM, VOLUME 1, CH. 4.06

17.c
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17.c
Packet Pg. 352
Attachment: Exhibit B: 23-27 ORTP Grant Agreement - Campbell Police Department 1145-23 (Acceptance of Organized Retail Theft Grant Campbell PD
BSCC 1145-23