City Council Agenda
City of Campbell, 70 N. First St., Campbell, California NOTE: This City Council Regular meeting will be conducted in person as well as telecommunication and is compliant with provisions of the Brown Act.
The City Council meeting will be live -streamed on Channel 26 (Xfinity) or Channel 88 (Direct TV), the City's website and on YouTube https://www.youtube.com/user/CityofCampbell for those who only wish to view the meeting.
Those members of the public wishing to provide public comment virtually are asked to register in advance at: https://www.campbellca.gov/signup. After registering, you will receive a confirmation email containing information about joining the meeting. Members of the public may attend the meeting in person at Campbell City Hall - Council Chambers.
Public comment will also be accepted via email at [email protected] until 5:00p.m. prior to the start of the meeting. Written comments will be posted on the website and distributed to the Council. If you choose to email your comments, please indicate in the subject line “FOR PUBLIC COMMENT” and indicate the item number.
REGULAR MEETING OF THE CAMPBELL CITY COUNCIL/SUCCESSOR AGENCY Tuesday, September 3, 2024 7:00 p.m.
City Hall Council Chamber – 70 N. First Street
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
SPECIAL PRESENTATIONS AND PROCLAMATIONS
1. Proclamation Declaring the Month of September 2024 as "Childhood Cancer Awareness Month" in the City of Campbell
Recommended Action: That the City Council authorize the Mayor to proclaim the month of September 2024 as Childhood Cancer Awareness Month in the City of Campbell.
2. Proclamation Declaring the Month of September to be National Service Dog Month in the City of Campbell
Recommended Action: That the City Council authorize the Mayor to proclaim the month of September 2024 as National Service Dog Month in the City of Campbell.
COMMUNICATIONS AND PETITIONS
ORAL REQUESTS
NOTE: This portion of the meeting is reserved for persons wishing to address the City Council on any matter not on the agenda. Persons wishing to address the Council are requested, but not required to complete a Speaker’s Card. Speakers are limited to two (2) minutes. The law generally prohibits the Council from discussion or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Requests.
COUNCIL ANNOUNCEMENTS
CONSENT CALENDAR
NOTE: All matters listed under consent calendar are considered by the City Council to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a request is made by a member of City Council, City staff, or a member of the public.
Any person wishing to speak on any item on the consent calendar should ask to have the item removed from the consent calendar prior to the time the Council votes to approve. If removed, the item will be discussed in the order in which it appears.
3. Minutes of City Council Executive Session Meeting of August 20, 2024 Recommended Action : Approve the executive session meeting minutes of August 20, 2024.
4. Minutes of City Council Regular Meeting of August 20, 2024 Recommended Action: Approve the regular meeting minutes of August 20, 2024.
5. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $991,074.35
6. Monthly Investment Transactions Report (June 2024)
Recommended Action: That the City Council review and accept the Monthly Investment Transactions Report for July 2024.
7. Monthly Treasurer's Report (July 2024)
Recommended Action: That the City Council review and accept the Monthly Treasurer’s Report for the month ended July 31, 2024.
8. Second Reading of Ordinance 2316 Establish New Air Quality and NOx Emissions Standards (Ordinance/Roll Call Vote)
Recommended Action: That the City Council take a second reading and adopt Ordinance 2316 adding Chapter 6.13 (Air Quality), and amending Chapter 2.08 (Officers), Chapter 6.10 (Nuisance Abatement and Administrative Penalties), and Title 18 (Building Codes and Regulations) of the Campbell Municipal Code.
9. Second Readings of Ordinance 2318 Amending Chapter 21.24 (Inclusionary Housing Ordinance) and Ordinance 2319 Establishing Title 19 (Housing) of the Campbell Municipal Code (Ordinances/Roll Call Vote) Recommended Action: That the City Council take the following action: (1) Take second reading, adopting Ordinance 2318 amending Chapter 21.24 (Inclusionary Housing Ordinance) of the Campbell Municipal Code; and (2) Take second reading, adopting Ordinance 2319, establishing Title 19 (Housing) of the Campbell Municipal Code.
10. Biennial Review of the City of Campbell Conflict of Interest Code (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution approving the Conflict of Interest Code Appendix A and B.
11. Fiscal Year 2025 Budget Adjustments for Use of ARPA Funds (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution authorizing the Fiscal Year (FY) 2025 use of ARPA Funds.
PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES
NOTE: Members of the public may be allotted up to two (2) minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of five (5) minutes for opening statements and up to a total of three (3) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.
SUCCESSOR AGENCY NEW BUSINESS
12. Campbell Technology Park Disposition and Development Agreement (Resolution/Roll Call Vote)
Recommended Action: That the City Council, acting in both its Council capacity and as the Successor Agency of the Campbell Redevelopment Agency, adopt a Resolution approving the Agreement to amend the November 18, 1997 First Amended and Restated Disposition and Development Agreement concerning the Campbell Technology Park and authorizing the City Manager to execute the Agreement.
NEW BUSINESS
13. Designation of Voting Delegate and Alternate for 2024 League of California Cities Annual Conference
Recommended Action: Tha t the Ci ty Counci l designate a Voting Delegate and Alternate(s)
for the League of California Cities Annual Conference General Business Meeting to be held on October 18, 2024
UNFINISHED BUSINESS
COUNCIL COMMITTEE REPORTS
14. Council Committee Reports
Recommended Action: That the City Council report on activities from their committee assignments.
ADJOURN
IMPORTANT NOTICE: Materials related to an item on this agenda submitted to the City Council after distribution of the agenda packet are available for public inspection with the agenda packet in the lobby of City Clerk’s Office, 70 N. First Street, Campbell, CA 95008, during normal business hours. These materials will also be available on the City website at https://www.ci.campbell.ca.us/agendacenter with the agenda packet following the last item of the agenda, subject to staff’s ability to post the documents prior to the meeting. All documents not posted prior to the meeting will be posted the next business day.
In compliance with the Americans with Disabilities Act, listening assistive devices are available for all meetings held in the City Council Chambers. If you require accommodation, please contact the City Clerk’s Office, (408) 866-2117, at least one week in advance of the meeting.
City
Council
Report
TITLE: Proclamation Declaring the Month of September 2024 as "Childhood Cancer Awareness Month" in the City of Campbell
RECOMMENDED ACTION
That the City Council authorize the Mayor to proclaim the month of September 2024 as Childhood Cancer Awareness Month in the City of Campbell.
BACKGROUND
National Childhood Cancer Awareness Month was first officially recognized in September of 2019. Every September events are held to bring attention to childhood cancer and advocate for childhood cancer research. These events are hosted by various advocacy organizations and bring people together to share stories while encouraging continued efforts to find new treatments.
DISCUSSION
KoaStrong Childhood Cancer Prevention Organization's mission is the primary prevention of childhood cancer through funding research and implementing a multi system approach toward early detection with screenings, prevention through immunizations and genetic testing. KoaStrong’s dedication to funding critical research toward understanding causes and prevention of childhood cancer also honor’s the spirit, life, love and memory of Kekoa “Koa” Pagán.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Prepared by:
Kristen Epolite, Deputy City Clerk
Item: 1
Category: SPECIAL PRESENTATIONS
AND PROCLAMATIONS
Meeting Date: September 3, 2024
1 Packet Pg. 4
Proclamation Childhood Cancer Awareness Month 2024 Page 2 of 2
Reviewed by:
Andrea Sanders, City Clerk
Approved by:
Angelique Gaeta, Assistant City
Manager
Attachment:
a. Proclamation - Childhood Cancer Awareness KoaStrong 2024
1 Packet Pg. 5
PROCLAMATION OF THE
MAYOR OF THE CITY OF CAMPBELL
WHEREAS childhood cancer is the leading cause of death by disease in children; and
WHEREAS cancer occurs regularly and randomly and spares no racial or ethnic group, socioeconomic class or geographic region; and
WHEREAS 1 in 285 children in the United States will be diagnosed by their 20th birthday; and
WHEREAS the National Cancer Institute recognizes the unique research needs of childhood cancer and the associated need for increased funding to carry this out; and
WHEREAS KoaStrong is an organization dedicated to the primary prevention of childhood cancers; and
WHEREAS KoaStrong’s motivation and drive is to perpetuate the spirit, love, character and life of Kekoa "Koa" Reece Malulanimekealoha Pagán who lost his brief battle against leukemia at the tender age of 8 years old; and
WHEREAS by raising awareness and advocating for research, KoaStrong aims to create a world where childhood cancer is no longer a threat.
NOW, THEREFORE, I, Susan M. Landry, Mayor of the City of Campbell, on this 3rd day of September 2024, do proclaim September 2024 Childhood Cancer Awareness Month in the City of Campbell and encourage all to support the KoaStrong organization.
WITNESS MY HAND AND SEAL OF THE CITY OF CAMPBELL this 3rd day of September 2024.
___________________________________
Susan M. Landry, Mayor
City of Campbell, California
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Packet Pg. 6
Attachment: Proclamation - Childhood Cancer Awareness KoaStrong 2024 (Proclamation Childhood Cancer Awareness Month 2024)
City
Council
Report
TITLE: Proclamation Declaring the Month of September to be National Service Dog Month in the City of Campbell
RECOMMENDED ACTION
That the City Council authorize the Mayor to proclaim the month of September 2024 as National Service Dog Month in the City of Campbell.
BACKGROUND
National Service Dog Month is celebrated in September and honors the hard work and life-changing impact service dogs make for people with disabilities every day. This month is a time devoted to showing appreciation and raising awareness for the extraordinary work service dogs do every day for those in their care.
DISCUSSION
Canine Companions created the concept of “service dogs” to assist people with physical disabilities in 1975. These dogs are trained specifically as working dogs, rather than pets and require years of training to do their job. Service dogs are trained to assist with specific tasks for people with disabilities as defined by the Americans with Disabilities Act, such as retrieving objects, assisting with balance, alerting for seizures or diabetic events or with psychiatric disabilities. Many also serve wounded warriors suffering from PTSD and Traumatic Brain Injury. A service dog can help to provide companionship so their human handlers can confidently manage their disabilities and lead fuller lives.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Prepared by:
Kristen Epolite, Deputy City Clerk
Item: 2
Category: SPECIAL PRESENTATIONS
AND PROCLAMATIONS
Meeting Date: September 3, 2024
2 Packet Pg. 7
Proclamation National Service Dog Month 2024 Page 2 of 2
Reviewed by:
Andrea Sanders, City Clerk
Approved by:
Angelique Gaeta, Assistant City
Manager
Attachment:
a. Proclamation - National Service Dog Month Canine Companions 2024
2 Packet Pg. 8
PROCLAMATION OF THE
MAYOR OF THE CITY OF CAMPBELL
WHEREAS we believe in the joyful, transformative power of the human -canine bond and inclusivity of all citizens; and
WHEREAS in the United States, 64 million adults and children have a disability and only 16,000 service dogs from accredited training programs exist nationwide and the need is growing.; and
WHEREAS Canine Companions is a nonprofit organization that enhances the lives of people with disabilities by providing expertly trained service dogs and ongoing support to ensure quality partnerships; and
WHEREAS Canine Companions and their service dogs empower people with disabilities to lead life with greater independence, by providing best -in-class training, ongoing follow up services and a deeply committed community of support; and
WHEREAS National Service Dog Month aims to educate our community about the benefits of service dogs and the laws protecting them; and
WHEREAS the City of Campbell continues to work toward becoming an inclusive community in which all citizens, and their service dogs, are embraced.
NOW, THEREFORE, I, Susan M. Landry, Mayor of the City of Campbell, on this 3rd day of September 2024, do proclaim September 2024 National Service Dog Month in recognition of service dogs and the adults and children with disabilities in our community who lead more independent lives because of their assistance.
WITNESS MY HAND AND SEAL OF THE CITY OF CAMPBELL this 3rd day of September 2024.
___________________________________
Susan M. Landry, Mayor
City of Campbell, California
2.a
Packet Pg. 9
Attachment: Proclamation - National Service Dog Month Canine Companions 2024 (Proclamation National Service Dog Month 2024)
CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California
City Council Executive Session
Tuesday, August 20, 2024 – 6:00 PM
Doetsch Conference Room
70 N. First Street, Campbell, California
This City Council meeting was duly noticed pursuant to open meeting requirements of the Ralph M. Brown Act (G.C. Section 54956).
CALL TO ORDER
The City Council of the City of Campbell convened this day in the special meeting place, the Doetsch Conference Room, 70 N. First Street, Campbell, California.
ROLL CALL
Attendee Name Title Status
Susan M. Landry Mayor Present
Sergio Lopez Vice Mayor Remote
Elliot Scozzola Councilmember Present
Dan Furtado Councilmember Present
Anne Bybee Councilmember Present
PUBLIC COMMENT
There was no public comment.
MOVE INTO CLOSED EXECUTIVE SESSION
CITY COUNCIL EXECUTIVE SESSION
A. Personnel
B. Litigation - CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subsection (d) of California Government Code Section 54956.9 : (One Case) - the City Attorney received a letter stating that litigation was the likely alternative if the parties could not reach a satisfactory resolution. A copy of the letter is available at the City Clerk's Office at Campbell City Hall, 70 N. First Street, Campbell, California.
C. Real Property
D. Labor Negotiations
The City Council met in Executive Session to discuss item B – Litigation. 3 Packet Pg. 10
Minutes Acceptance: Minutes of Aug 20, 2024 6:00 PM (CONSENT CALENDAR)
Minutes of August 20, 2024 City Council Meeting Page 2 City Attorney Seligmann, Assistant City Manager Gaeta and Community Development Director Eastwood were in attendance.
ADJOURN
Mayor Landry adjourned the meeting at 6:36 PM.
APPROVED:
ATTEST:
Susan M. Landry, Mayor
Andrea Sanders, City Clerk
3 Packet Pg. 11
Minutes Acceptance: Minutes of Aug 20, 2024 6:00 PM (CONSENT CALENDAR)
CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California
REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, August 20, 2024 7:00 p.m.
City Hall Council Chamber – 70 N. First Street
This City Council meeting was duly noticed pursuant to open meeting requirements of the Ralph M. Brown Act (G.C. Section 54956).
This meeting was recorded and can be viewed in its entirety at www.campbellca/agendacenter.
CALL TO ORDER
The City Council of the City of Campbell convened this day in the regular meeting place, the City Hall Council Chamber, 70 N. First St., Campbell, California.
ROLL CALL
Attendee Name Title Status
Susan M. Landry Mayor Present
Sergio Lopez Vice Mayor Remote
Elliot Scozzola Councilmember Present
Dan Furtado Councilmember Present
Anne Bybee Councilmember Present
PLEDGE OF ALLEGIANCE
Mayor Landry led the Pledge of Allegiance.
SPECIAL PRESENTATIONS AND PROCLAMATIONS
1. Receive a Presentation from Successful Aging Solutions & Community Consulting on Senior Guided Pathways Pilot Program
Recommended Action: That the City Council Receive a Presentation from Tylor Taylor, CEO of Successful Aging Solutions & Community Consulting.
Successful Aging Solutions & Community Consulting CEO, Tyler Taylor , was unable to a ttend the meeting. This item was continued to a future date to be determined.
COMMUNICATIONS AND PETITIONS
4 Packet Pg. 12
Minutes Acceptance: Minutes of Aug 20, 2024 7:00 PM (CONSENT CALENDAR)
Minutes of August 20, 2024 City Council Meeting Page 2 There were no communications and petitions.
ORAL REQUESTS
Shantharam Nekkar invited the City Council to the Raksha Bandan event on Sunday, August 25 at the Campbell Community Center.
The following individuals spoke on behalf of United Sovereign Americans, requested a legally valid 2024 General Election, and submitted their comments for the record:
- Eric, Santa Clara County resident
- Sue, Santa Clara County resident
- Joanie, Santa Clara County resident
- Jean, Santa Clara County resident
- Teresa Higginson, Santa Clara County resident
COUNCIL ANNOUNCEMENTS
I would like to take this opportunity to invite you to the annual State of the City Address. Please join me as I discuss the current State of the City, recent accomplishments, Measure O updates and the City’s sustainability efforts. The State of the City address will be held at the Orchard City Banquet Hall on Wednesday, September 18. Doors open at 6:30 pm with the event beginning promptly at 7 :00 pm.
Please RSVP to [email protected] by Wednesday, September
11. Friday, August 24 is National Senior Citizens Day. National Senior Citizens Day recognizes the achievements of the more mature representatives of our nation. Our senior citizens are pioneers of science, medicine, technology, civil rights and so much more. Their valuable contributions to our communities create better places to live.
They deserve the respect and dignity their achievements earn them. National Senior Citizens Day encourages supporting senior citizens to live their lives to the fullest and as independently as possible.
How can you observe this day? Spend time with the senior citizens you know. Let them know they are appreciated and loved. It may also be a good day to volunteer at a retirement home and share your smile with those who may not otherwise get a visitor today.
The 14 th Annual Caregivers Count! Conference. The Caregivers Count Conference offers a comprehensive educational series designed to support family caregivers. The 2024 conference will feature three virtual sessions from 10:00 am to 12:00 pm on September 14, 21 and 28, and one in person session on October 5 at the Campbell Community Center. Topics are: creating a safe home for your loved one, end of life support, navigating trauma and self -care and resiliency. All sessions are free by pre - registering at caregiverscount.net.
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Minutes Acceptance: Minutes of Aug 20, 2024 7:00 PM (CONSENT CALENDAR)
Minutes of August 20, 2024 City Council Meeting Page 3 The Adult Center is hosting a Fall Fiesta on October 11 from 4:30 pm – 7:30 pm at the Orchard City Banquet Hall. Enjoy an evening of live music and a Fiesta Mexican dinner catered by Golden Harvest. Tickets are available for $30.00 per person at the Adult Center office or online at campbellca.gov.
Koastrong Childhood Cancer Awareness. Our community rallies behind childhood cancer prevention. The Water Tower Kitchen will host an all-day fundraiser on Tuesday, September 3, 2024 from 11:00 am to 9:00 pm. The Water Tower will be lit and there will be a Proclamation bringing awareness to childhood cancer.
In addition to the fundraiser, on Sunday, September 8 at 10 :00 am there will be a Koastrong Kindness Rock Garden Dedication at Edith Morley Park. The rock garden is a lasting art display to spread awareness, reflection, and support for all to discover.
You can bring your painted rock, or paint one at the dedication event. There will be refreshments, crafts and hula dancing.
CONSENT CALENDAR
Mayor Landry asked if any Councilmember or anyone in the audience wished to remove any item from the Consent Calendar.
Item nine was removed from the Consent Calendar.
The Consent Calendar was considered as follows:
2. Minutes of City Council Regular Meeting of July 16, 2024 Recommended Action: Approve the regular meeting minutes of July 16, 2024.
This action approves the regular meeting minutes of July 16, 2024.
3. Minutes of City Council Regular Meeting of August 8, 2024 Recommended Action: Approve the regular meeting minutes of August 8, 2024.
This action approves the regular meeting minutes of August 8, 2024.
4. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $6,487,762.93.
This action approves the bills and claims in the amount of $6,487,762.93 as follows: bills and claims checks dated July 1, 2024, in the amount of $571,977.84; payroll checks dated July 3, 2024, in the amount of $123,897.92; bills and claims checks dated July 5, 2024, in the amount of $531,578.11; bills and claims checks dated July 8, 2024, in the amount of $23,4878.67; bills and claims checks dated July 12, 2024, in the amount of $274,265.84; bills and claims checks dated July 15, 2024, in the amount of $3, 354.16; payroll checks dated July 18, 2024, in the amount of $38,617.44; bills and claims checks dated July 19, 2024, in the amount of $1,586,223.73; bills and claims checks dated July 22, 2024, in the amount of $337,034.60; bills and claims checks dated July 26, 4 Packet Pg. 14
Minutes Acceptance: Minutes of Aug 20, 2024 7:00 PM (CONSENT CALENDAR)
Minutes of August 20, 2024 City Council Meeting Page 4 2024 in the amount of $2,261,709.48; bills and claims checks dated July 29, 2024 in the amount of $221,437.39; bills and claims checks dated July 29, 2024 in the amount of $202,804.96; and bills and claims checks dated August 2, 2024 in the amount of $311,373.79.
5. Monthly Treasurer's Report (June 2024)
Recommended Action: That the City Council review and accept the Monthly Treasurer’s Report for the month ended June 30, 2024.
This action reviews and accepts the Monthly Treasurer’s Report for the month ended June 30, 2024.
6. Monthly Investment Transactions Report (June 2024)
Recommended Action: That the City Council review and accept the Monthly Investment Transactions Report for June 2024.
This action reviews and accepts the Monthly Investment Transactions Report for June 2024.
7. Investment Report - Quarter Ending June 2024
Recommended Action: That the City Council approve the Investment Report for the quarter ending June 2024 and the report be noted and filed.
This action approves the Investment Report for the quarter ending June 2024 and notes and files the report.
8. Approval of the Vacation of a Portion of Peggy Avenue, and Directing the City Clerk to Record the Resolution – 1361 Peggy Avenue (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution vacating a portion of Peggy Avenue; and directing the City Clerk to record the resolution.
Resolution 13193 approves vacating a portion of Peggy Avenue; and directs the City Clerk to record the resolution.
10. Authorization to Submit Safe Streets for All (SS4A) Program Planning Grant Application for Campbell Comprehensive Traffic Safety Action Plan (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution authorizing the Public Works Director to submit a Safe Streets for All Program Planning Grant Application to the United States Department of Transportation (USDOT) for the Campbell Comprehensive Traffic Safety Action Plan.
Resolution 13194 authorizes the Public Works Director to submit a Safe Streets for All Program Planning Grant Application to the United States Department of Transportation (USDOT) for the Campbell Comprehensive Traffic Safety Action Plan.
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Minutes Acceptance: Minutes of Aug 20, 2024 7:00 PM (CONSENT CALENDAR)
Minutes of August 20, 2024 City Council Meeting Page 5
11. Approve Contract Amendment with Municipal Resource Group, LLC Consultants for On-Demand Human Resources Consulting Services Recommended Action: That the City Council adopt a resolution dispensing with formal bidding procedures as set forth in Campbell Municipal Code Section
3.20.030 (4), approving an amendment to Exhibit "B" of the consultant services agreement and authorizing the City Manager to execute the contract amendment to the agreement with Municipal Resource Group, LLC to provide On -Demand Human Resources Consulting Services for a contract amount not to exceed $121,500.
Resolution 13195 approves dispensing with formal bidding procedures as set forth in Campbell Municipal Code Section 3.20.030 (4), approves an amendment to Exhibit "B" of the consultant services agreement and authorizes the City Manager to execute the contract amendment to the agreement with Municipal Resource Group, LLC to provide On -Demand Human Resources Consulting Services for a contract amount not to exceed $121,500, including the desk item.
12. COPS Recruitment Grant and NAWLEE Contract (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a Resolution accepting the Department of Justice Office of Community Oriented Policing micro grant in the amount of $174,977, approve a budget adjustment to recognize the grant revenue and corresponding grant related expenditures, approve the agreement with the National Association of Women Law Enforcement Executives and authorize the City Manager to enter into a 1 -year agreement with the National Association of Women Law Enforcement Executives for consulting and recruitment services in a total amount not -to-exceed $174,977 for Fiscal Year 2024-25 and dispense with the formal bidding requirements pursuant to Campbell Municipal Code Section 3.20.030(4).
Resolution 13196 approves accepting the Department of Justice Office of Community Oriented Policing micro grant in the amount of $174,977, approves a budget adjustment to recognize the grant revenue and corresponding grant related expenditures, approve the agreement with the National Association of Women Law Enforcement Executives and authorizes the City Manager to enter into a 1 -year agreement with the National Association of Women Law Enforcement Executives for consulting and recruitment services in a total amount not-to-exceed $174,977 for Fiscal Year 2024 -25 and dispenses with the formal bidding requirements pursuant to Campbell Municipal Code Section
3.20.030(4).
M/S: Lopez/Bybee – That the City Council approve the Consent Calendar including the desk item for item 11 and with the exception of item nine. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Lopez
SECONDER: Bybee
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Minutes Acceptance: Minutes of Aug 20, 2024 7:00 PM (CONSENT CALENDAR)
Minutes of August 20, 2024 City Council Meeting Page 6 AYES: Landry, Lopez, Scozzola, Furtado, Bybee
ITEMS CONSIDERED SEPARATE FROM CONSENT
9. Approval of Appointment to the Bicycle and Pedestrian Advisory Committee (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution reappointing Mark Nakamura to the Bicycle and Pedestrian Advisory Committee (BPAC) for a term expiring August, 2028.
Councilmember Furtado expressed concerns with the method of appointment.
He questioned why the BPAC applicants were interviewed by Public Works staff and not the Advisory Commissioner Appointment Interview Subcommittee.
Public Works Director Capurso provided background information on the formation of the Committee and noted that the original intent was for the Committee to be a working group and not as formal as a City Council appointed Commission.
Councilmember Furtado requested that this be referred to City Managers Office staff for further review. Vice Mayor Lopez supported the request for review.
M/S: Furtado/Lopez – That the City Council adopt Resolution 13197 reappointing Mark Nakamura to the Bicycle and Pedestrian Advisory Committee (BPAC) for a term expiring August, 2028. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Furtado
SECONDER: Lopez
AYES: Landry, Lopez, Scozzola, Furtado, Bybee
PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES
13. Public Hearing to Consider the Request of Ginger McCrea to Allow an Extension to a Previously Granted Conditional Use Permit with Site and Architectural Review (Previous File No. PLN -2020-64) Which Allowed the Conversion of a Single -Family Residence to a Commercial Office and a Parking Modification Permit to Reduce the Number of Required Parking Spaces on Property Located at 1308 Parsons Avenue. The Application(S) Under Consideration Includes an Extension of Approval. File No.: PLN - 2024-85. (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution approving an extension to a previously granted Conditional Use Permit with Site and Architectural Review (previous file no. PLN -2020-64) which allowed the conversion of a single -family residence to a commercial office and a Parking Modification Permit which allowed a reduction in the number of required parking spaces.
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Minutes Acceptance: Minutes of Aug 20, 2024 7:00 PM (CONSENT CALENDAR)
Minutes of August 20, 2024 City Council Meeting Page 7 Now is the time and place for a public hearing to consider the request of Ginger McCrea to allow an extension to a previously granted Conditional Use Permit with Site and Architectural Review (Previous File No. PLN -2020-64) which allowed the conversion of a single-family residence to a commercial office and a Parking Modification Permit to reduce the number of required parking spaces on property Located at 1308 Parsons Avenue.
Associate Planner Tam presented a staff report dated August 20, 2024.
Following Council questions, Mayor Landry opened the public hearing and asked the applicant to provide comments.
Applicant Ginger McCrea spoke about the application noting that she has been working with the City to get the zoning changed and find a buyer for the property under the Professional Office use.
Mayor Landry asked if anyone from the public wished to speak. There were no public speakers.
Seeing no one else wishing to speak, Mayor Landry closed the public hearing.
Mayor Landry expressed concern with the site meeting the Fire Code Standards.
After discussion, M/S: Bybee/Furtado – That the City Council adopt Resolution 13198 approving an extension to a previously granted Conditional Use Permit with Site and Architectural Review (previous file no.
PLN-2020-64) which allowed the conversion of a single -family residence to a commercial office and a Parking Modification Permit which allowed a reduction in the number of required parking spaces. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Bybee
SECONDER: Furtado
AYES: Landry, Lopez, Scozzola, Furtado, Bybee
14. Continuation of Updates to Campbell Municipal Code Section 3.20 Recommended Action: That the City Council continue this item to a date to be determined in the future.
Now is the time and place for a public hearing to consider updates to the Campbell Municipal Code Section 3.20.
Administrative Analyst Zetino recommended continuation of the item to a date to be determined. He noted staff is working on two reports that affect the same 4 Packet Pg. 18
Minutes Acceptance: Minutes of Aug 20, 2024 7:00 PM (CONSENT CALENDAR)
Minutes of August 20, 2024 City Council Meeting Page 8 section of the Municipal Code as it relates to procurement and is recommending combining the proposed changes into one report.
Mayor Landry opened the public hearing and asked if anyone wished to speak.
Seeing no one wishing to speak, Mayor Landry closed the public hearing.
M/S: Furtado/Bybee – That the City Council continue item 14 to a date to be determined. The motion was adopted by the following roll call vote:
RESULT: CONTINUE [UNANIMOUS]
MOVER: Furtado
SECONDER: Bybee
AYES: Landry, Lopez, Scozzola, Furtado, Bybee
15. Public Hearing to Consider an Ordinance to Add Chapter 6.13 (Air Quality) to the Campbell Municipal Code to Establish New Air Quality and NOx Emissions Standards and Related Amendments to Chapter 2.08 (Officers), Chapter 6.10 (Nuisance Abatement and Administrative Penalties) and Title 18 (Building Codes and Regulations) Serving to Clarify the Administrative Authority Over the New Air Quality and NOx Emissions Standards and Amend Related Electrification and Air Quality Standards and Supporting Definitions. (Ordinance/Roll Call Vote)
Recommended Action: That the City Council introduce an Ordinance adding Chapter 6.13 (Air Quality), and amending Chapter 2.08 (Officers), Chapter 6.10 (Nuisance Abatement and Administrative Penalties), and Title 18 (Building Codes and Regulations) of the Campbell Municipal Code.
Now is the time and place for a public hearing to consider an Ordinance adding Chapter 6.13 (Air Quality), and amending Chapter 2.08 (Officers), Chapter 6.10 (Nuisance Abatement and Administrative Penalties), and Title 18 (Building Codes and Regulations) of the Campbell Municipal Code.
Environmental Program Specialist Hudson presented a staff report dated August 20, 2024.
Following Council questions, Mayor Landry opened the public hearing and asked if anyone wished to speak.
Steve Saunders, Campbell resident, requested clarification on the proposed ordinance exceptions.
Ulka Agarwal, Campbell resident, spoke of the risks and harmful effects of nitrous oxide and stated support of the proposed ordinance.
Brian Schmidt of Menlo Spark, spoke in support of the proposed ordinance.
Stephanie Morris, Campbell resident , spoke in support of the proposed ordinance.
4 Packet Pg. 19
Minutes Acceptance: Minutes of Aug 20, 2024 7:00 PM (CONSENT CALENDAR)
Minutes of August 20, 2024 City Council Meeting Page 9
Kristel Wickham, spoke in support of the proposed ordinance.
Sean Mendelson, Campbell resident , spoke in support of the proposed ordinance.
Sam Fishman, spoke in support of the proposed ordinance.
Dr. Robert Gould, spoke of the harmful effects of air pollution and stated support of the proposed ordinance.
Enrique Navaro of the Santa Clara Association of Realtors, spoke against adopting the proposed ordinance prior to the Bay Area Air Quality Management District (BAAQMD) air quality regulations.
Bruce Naegel spoke in support of the proposed ordinance.
John McKenna, spoke in support of the proposed ordinance.
Seeing no one else wishing to speak, Mayor Landry closed the public hearing.
The Council discussed implementation and if staff has been working with BAAQMD.
Environmental Program Specialist Hudson confirmed that staff has been in contact with BAAQMD.
The City Council expressed general support for the item.
After discussion, M/S: Scozzola/Lopez – That the City Council introduce Ordinance 2316 adding Chapter 6.13 (Air Quality), and amending Chapter
2.08 (Officers), Chapter 6.10 (Nuisance Abatement and Administrative Penalties), and Title 18 (Building Codes and Regulations) of the Campbell Municipal Code. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Scozzola
SECONDER: Lopez
AYES: Landry, Lopez, Scozzola, Furtado, Bybee
City Clerk Sanders read the full title of Ordinance 2316.
M/S: Furtado/Bybee – That the City Council waive further reading of Ordinance 2316. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Furtado
SECONDER: Bybee
4 Packet Pg. 20
Minutes Acceptance: Minutes of Aug 20, 2024 7:00 PM (CONSENT CALENDAR)
Minutes of August 20, 2024 City Council Meeting Page 10 AYES: Landry, Lopez, Scozzola, Furtado, Bybee
16. That the City Council Adopt an Ordinance to Extend Ordinance No. 2313 Which Established Urgency Measures to Implement Senate Bill No. 684 (2023). (Ordinance/Roll Call Vote)
Recommended Action: That the City Council adopt an Ordinance to extend Interim Ordinance No. 2313 which established urgency measures to implement Senate Bill No. 684 (2023).
Now is the time and place for a public hearing to consider an Ordinance to extend Ordinance No. 2313 which established urgency measures to implement Senate Bill No. 684. (2023)
Senior Planner Rose presented a staff report dated August 20, 2024.
Following Council questions, Mayor Landry opened the public hearing and asked if anyone wished to speak.
Raja Pallela, Campbell resident , requested the City not extend the interim ordinance and focus more on small lots and single-family homes.
Seeing no one else wishing to speak, Mayor Landry closed the public hearing.
After discussion, M/S: Furtado/Bybee – That the City Council adopt Ordinance 2317 to extend Interim Ordinance No. 2313 which established urgency measures to implement Senate Bill No. 684 (2023). The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Furtado
SECONDER: Bybee
AYES: Landry, Lopez, Scozzola, Furtado, Bybee
City Clerk Sanders read the full title of Ordinance 2317.
M/S: Furtado/Bybee – That the City Council waive further reading of Ordinance 2317. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Furtado
SECONDER: Bybee
AYES: Landry, Lopez, Scozzola, Furtado, Bybee
Mayor Landry called for a 5-minute recess. The City Council reconvened at 8:42 p.m. 4 Packet Pg. 21
Minutes Acceptance: Minutes of Aug 20, 2024 7:00 PM (CONSENT CALENDAR)
Minutes of August 20, 2024 City Council Meeting Page 11
17. Public Hearing to Consider the Adoption of an Affordable Housing Nexus Study Serving to Support the Establishment of a New Housing In -Lieu Fee and Commercial Linkage Fee, Amendments to Chapter 21.24 (Inclusionary Housing Ordinance) of the Campbell Municipal Code Serving to Clarify Existing Provisions and Implement Program H-1A of the 2023-2031 Housing Element by Lowering the Inclusionary Housing Unit Threshold (From 10 Units to 5 Units) and Changing the Method in Which Housing In -Lieu Fees and Requirements Are Calculated, the Establishment of Title 19 (Housing) of the Campbell Municipal Code Serving to Establish General Provisions and Provisions Related to the City’s Housing Program, the Establishment of Rent Control for Below -Market Rate Housing, the Establishment of a Commercial Linkage Fee, and the Implementation of State -Mandated Tenant Protections (Resolutions/Ordinances/Roll Call Vote) Recommended Action: That the City Council take the following action: (1) Adopt a Resolution, adopting an Affordable Housing Nexus Study; (2) Take first reading, introducing an Ordinance, amending Chapter 21.24 (Inclusionary Housing Ordinance) of the Campbell Municipal Code; (3) Take first reading, introducing an Ordinance, establishing Title 19 (Housing) of the Campbell Municipal Code; and (4) Adopt a Resolution, amending the City’s fee schedule to establish a new in-lieu housing fee and commercial linkage fee.
Now is the time and place for a public hearing to consider the adoption of an Affordable Housing Nexus Study serving to support the establishment of a new Housing In -Lieu Fee and Commercial Linkage Fee, Amendments to Chapter
21.24 (Inclusionary Housing Ordinance) of the Campbell Municipal Code serving to clarify existing provisions and implement Program H -1A of the 2023 -2031 Housing Element by lowering the Inclusionary Housing Unit Threshold (from 10 Units to 5 Units) and changing the method in which housing in -Lieu fees and requirements are calculated, the establishment of Title 19 (Housing) of the Campbell Municipal Code serving to establish general provisions related to the City’s Housing program, the establishment of rent control for Below -Market Rate Housing, the establishment of a Commercial Linkage Fee, and the implementation of state-mandated tenant protections.
Senior Planner Rose and Housing Manager, Murillo -Garcia presented a staff report dated August 20, 2024.
Following Council questions, Mayor Landry opened the public hearing and asked if anyone wished to speak.
Raja Pallela, Campbell resident, stated he was not supportive of the staff recommendation and supports the planning commission recommendation from their previous meeting.
Jim Sullivan, Campbell resident, spoke about the proposed ordinances and suggested giving Council discretion on in -lieu fees, and spoke to the rounding of the fractional amounts should be paid in in-lieu fees.
4 Packet Pg. 22
Minutes Acceptance: Minutes of Aug 20, 2024 7:00 PM (CONSENT CALENDAR)
Minutes of August 20, 2024 City Council Meeting Page 12 Andrew Beilak, Development Manager for the Santa Clara County Housing Authority, spoke in support of the commercial linkage fees and the broaden efforts to encourage affordable housing.
Enrique Navarro -Donnellan, Government Affairs Official of the Santa Clara County Association of Realtors, spoke in opposition to the proposed ordinances.
Jacob Billitteri, Senior Project Manager for Charities Housing, stated his support for the proposed ordinances.
Seeing no one else wishing to speak, Mayor Landry closed the public hearing.
Vice Mayor Lopez stated support of the Commercial Linkage Fee. He was not supportive of Inclusionary Housing ordinance updates, going to under 10 units and the impacts to the missing middle and the affordable housing fund.
After discussion, M/S: Scozzola/Bybee – That the City Council adopt Resolution 13199, adopting an Affordable Housing Nexus Study; take first reading, introducing Ordinance 2318, amending Chapter 21.24 (Inclusionary Housing Ordinance) of the Campbell Municipal Code; take first reading, introducing Ordinance 2319, establishing Title 19 (Housing) of the Campbell Municipal Code; and adopt Resolution 13200, amending the City’s fee schedule to establish a new in -lieu housing fee and commercial linkage fee. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [4 TO 1]
MOVER: Scozzola
SECONDER: Bybee
AYES: Landry, Scozzola, Furtado, Bybee
NAYS: Lopez
City Clerk Sanders read the full title of Ordinance 2318.
M/S: Furtado/Bybee – That the City Council waive further reading of Ordinance 2318. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Furtado
SECONDER: Bybee
AYES: Landry, Lopez, Scozzola, Furtado, Bybee
City Clerk Sanders read the full title of Ordinance 2319.
M/S: Furtado/Bybee – That the City Council waive further reading of Ordinance 2319. The motion was adopted by the following roll call vote:
4 Packet Pg. 23
Minutes Acceptance: Minutes of Aug 20, 2024 7:00 PM (CONSENT CALENDAR)
Minutes of August 20, 2024 City Council Meeting Page 13 RESULT: ADOPTED [UNANIMOUS]
MOVER: Furtado
SECONDER: Bybee
AYES: Landry, Lopez, Scozzola, Furtado, Bybee
NEW BUSINESS
18. Review and Accept the Facility Condition Assessment (FCA) Report as Prepared by the Gordian Group (Resolution/Roll Call Vote) Recommended Action: That the City Council review the Facility Condition Assessment (FCA) report prepared by the Gordian Group (Gordian) and adopt a resolution accepting the report and its findings.
Public Works Director Capurso presented a staff report dated August 20, 2024.
Following Council questions, Mayor Landry asked if anyone wished to speak.
There was no one wishing to speak.
After discussion, M/S: Bybee/Furtado – That the City Council review the Facility Condition Assessment (FCA) report prepared by the Gordian Group (Gordian) and adopt Resolution 13201 accepting the report and its findings.
The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Bybee
SECONDER: Furtado
AYES: Landry, Lopez, Scozzola, Furtado, Bybee
19. Resolution Amending the City Clerk Services Agreement (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution amending the First Amended Agreement for City Clerk Services to provide for a merit increase.
Assistant City Manager Gaeta presented a staff report dated August 20, 2024.
Following Council questions, Mayor Landry asked if anyone wished to speak.
There was no one wishing to speak.
After discussion, M/S: Bybee/Scozzola – That the City Council adopt Resolution 13202 amending the First Amended Agreement for City Clerk Services to provide for a merit increase. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Bybee
4 Packet Pg. 24
Minutes Acceptance: Minutes of Aug 20, 2024 7:00 PM (CONSENT CALENDAR)
Minutes of August 20, 2024 City Council Meeting Page 14 SECONDER: Scozzola
AYES: Landry, Lopez, Scozzola, Furtado, Bybee
20. Resolution Adjusting Compensation of City Attorney's Office (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution adjusting the compensation of the City Attorney's Office.
Assistant City Manager Gaeta presented a staff report dated August 20, 2024.
Following Council questions, Mayor Landry asked if anyone wished to speak.
There was no one wishing to speak.
After discussion, M/S: Furtado/Scozzola – That the City adopt Resolution 13203 adjusting the compensation of the City Attorney's Office. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Furtado
SECONDER: Scozzola
AYES: Landry, Lopez, Scozzola, Furtado, Bybee
UNFINISHED BUSINESS
21. Economic Development Brand Story Strategy
Recommended Action: That the City Council select an option concerning pursuit of a Brand Story Strategy in coordination with implementation of the City's Economic Development Plan.
Economic Development Manager Parks presented a staff report dated August 20, 2024.
Following Council questions, Mayor Landry asked if anyone wished to speak.
There was no one wishing to speak.
The City Council discussed three options concerning the Brand Story and City’s Economic Development Plan. Option 1 is a comprehensive plan to create authentic brand identity and strategy for the City. Option 2 is a limited branding campaign. Option 3 is deferral until the City has allocated funding and the hiring of a permanent Economic Development Manager.
The Council stated concerns with various verbiage and images in the report.
Economic Development Manager Parks noted that the language and images contained in the report were only examples and suggestions and can be modified and changed as necessary.
4 Packet Pg. 25
Minutes Acceptance: Minutes of Aug 20, 2024 7:00 PM (CONSENT CALENDAR)
Minutes of August 20, 2024 City Council Meeting Page 15 It was discussed that option 1 and option 2 would be difficult to achieve without additional funding, staffing and the hiring of a permanent Economic Development Manager to lead the process.
After discussion, Bybee/Scozzola – That the City Council choose option 3 to defer the item until there is budget, funding and a n Economic Development Manager. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Bybee
SECONDER: Scozzola
AYES: Landry, Lopez, Scozzola, Furtado, Bybee
COUNCIL COMMITTEE REPORTS
22. Approve Appointments to the Civic Improvement Commission Recommended Action: It is recommended that the City Council approve the recommendation of the Advisory Commissioner Appointment Interview Subcommittee regarding appointments to the Civic Improvement Commission for two full-terms expiring August 2028.
The Advisory Commissioner Appointment Interview Subcommittee (Councilmember Furtado and Vice Mayor Lopez) reported out on the August 15, 2024, Civic Improvement Commission interviews.
Mayor Landry asked if anyone from the public wished to speak. There was no one from the public wishing to speak.
M/S: Furtado/Scozzola – That the City Council approve the recommendation of the Advisory Commissioner Appointment Interview Subcommittee and appoint Jennifer Dooley and Dr. Samantha Kibbish to the Civic Improvement Commission to one full-term each expiring August 2028. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Furtado
SECONDER: Scozzola
AYES: Landry, Lopez, Scozzola, Furtado, Bybee
23. Council Committee Reports
Recommended Action: That the City Council report on activities from their committee assignments.
Councilmember Scozzola attended the Santa Clara Valley Transportation Authority Policy Advisory Committee meeting; a Silicon Valley Clean Energy 4 Packet Pg. 26
Minutes Acceptance: Minutes of Aug 20, 2024 7:00 PM (CONSENT CALENDAR)
Minutes of August 20, 2024 City Council Meeting Page 16 Study Session; and the Moreland West Neighborhood Association “End of Summer” gathering.
Councilmember Furtado attended the West Valley Sanitation District employee luncheon; and spoke of the upcoming meetings of the Silicon Valley Regional Interoperability Authority and the Santa Clara County Emergency Operat ional Council.
Councilmember Bybee attended the Cities Association of Santa Clara County and three National Night Out events.
Vice Mayor Lopez represented Santa Clara Valley Transportation Authority in attending the CalTrain Electrification event; and chaired a meeting of the Santa Clara Valley Transportation Authority Board of Directors.
ADJOURN
Mayor Landry adjourned the meeting at 10:42 PM
APPROVED:
ATTEST:
Susan M. Landry, Mayor
Andrea Sanders, City Clerk
4 Packet Pg. 27
Minutes Acceptance: Minutes of Aug 20, 2024 7:00 PM (CONSENT CALENDAR) City
Council
Report
TITLE: Approving Bills and Claims
RECOMMENDED ACTION
Approve the bills and claims in the amount of $991,074.35
DISCUSSION
The bills and claims that have been audited and approved by staff for payments made as noted below:
Type Check Date Amount
Payroll August 01, 2024 $80,632.07
Bills & Claims August 05, 2024 $80,419.85
Bills & Claims August 09, 2024 $169,378.84
Bills & Claims August 12, 2024 $548,008.18
Payroll August 15, 2024 $39,389.37
Bills & Claims August 16, 2024 $73,246.04
Total $991,074.35
FISCAL IMPACT
Requested action does not require a budget adjustment. Adequate funding was available to cover all expenses as listed.
Prepared by:
Celia Deniz, Accounting Clerk II
Reviewed by:
Item: 5
Category: CONSENT CALENDAR
Meeting Date: September 3, 2024
5 Packet Pg. 28
Norite Vong, Assistant Finance Director
Approving Bills and Claims Page 2 of 2
Approved by:
Angelique Gaeta, Assistant City
Manager
5 Packet Pg. 29
City
Council
Report
TITLE: Monthly Investment Transactions Report (June 2024)
RECOMMENDED ACTION
That the City Council review and accept the Monthly Investment Transactions Report for July 2024.
BACKGROUND
As required by California Government Code (GC) Section 53607, staff will submit to the City Council Monthly Investment Transaction Reports within 45 days of the prior month end that show a listing of investments purchased, sold, called, or that have reached maturity, along with any Local Agency Investment Fund ( LAIF) transfers. This is in addition to the Quarterly Investment Report, which shows a number of other items listed under Section VII.A of the City’s Investment Policy and is also submitted to the City Council within 45 days from the end of the prior quarter.
DISCUSSION
This Monthly Investment Transaction Report covers July 2024. As shown in Attachment A, staff made $13.1 million in withdrawals along with a $ 600,000 deposit into the City’s main Local Agency Investment Fund (LAIF) account to manage operating cash flow and transfers to BNY. $2.5 million was withdrawn from the M easure O 2020 bond account to cover June’s project expenditures. The monthly LAIF investment rate rose again to 4.516% and Q4 interest earned and posted into the 3 LAIF accounts totaled $860,000. From the City’s BNY custodial account, two 2-year old F HLB government agency bonds, earning 3.43% and 3.55% respectively, matured and $4.0M was transferred into the City’s new BNY Dreyfus money market account from LAIF, to fund future investments by Chandler, the City’s new investment advisor. Additionally, $76,000 in investment interest received from BNY was posted into our Wells Fargo cash account while $22,000 in interest was swept directly into the money market account.
Consistent with the recommended FY 2023-24 Investment Strategy approved by the City Council on September 5, 2023 staff continues to watch for moderately long-term investment opportunities outside of LAIF , as interest rates remain high to provide the highest yet still safe return s, consistent with the City’s Investment Policy. Please note that all investment purchases made adhere to the City’s Investment Policy.
Item: 6
Category: CONSENT CALENDAR
Meeting Date: September 3, 2024
6 Packet Pg. 30
Monthly Investment Transactions Report (July 2024) Page 2 of 2
FISCAL IMPACT
There is no fiscal impact associated with the review and acceptance of the Monthly Investment Transactions Report.
Prepared by:
John Formale, Accountant
Reviewed by:
Will Fuentes, Finance Director
Approved by:
Angelique Gaeta, Assistant City
Manager
Attachment:
a. Monthly Investment Activity Report-7.31.24
6 Packet Pg. 31
CITY OF CAMPBELL
Monthly Investment Transactions Report
July 1 to July 31, 2024
Account Trans. Date July 2024
LAIF - ******133, Main account
Average Monthly Yield 4.516%
Beginning Balance 40,438,495$
Transactions
Deposit 7/2/2024 600,000
Withdrawal 7/10/2024 (400,000)
Q4 (Apr-Jun) interest earned 7/15/2024 382,701
Withdrawal 7/15/2024 (300,000)
Withdrawal 7/23/2024 (3,500,000)
Withdrawal 7/24/2024 (5,000,000)
Withdrawal 7/30/2024 (2,100,000)
Withdrawal 7/31/2024 (1,800,000)
(12,117,299)
Ending Balance 28,321,196$
Account Trans. Date July 2024
LAIF - ******031, MEAS O, Series 2020
Average Monthly Yield 4.516%
Beginning Balance 7,006,606$
Transactions
Q4 (Apr-Jun) interest earned 7/15/2024 120,919
Principal drawdown- MEAS O June expenditures 7/17/2024 (2,473,000) (2,352,081)
Ending Balance 4,654,524
Account Trans. Date July 2024
LAIF - ******032, MEAS O, Series 2022
Average Monthly Yield 4.516%
Beginning Balance 31,466,597$
Transactions
Q4 (Apr-Jun) interest earned 7/15/2024 356,151
356,151
Ending Balance 31,822,748$
Account*** Trans. Date July 2024
Bank of New York (BNY) - ******818
Beginning Balance 16,999,860$
Transactions
Invest. Maturity - FHLB (3.43% Yield; 2.00 Yr)) 7/19/2024 (1,000,000) Invest. Maturity - FHLB (3.55% Yield; 2.00 Yr)) 7/26/2024 (1,000,000) Money market deposit- Dreyfus gov't cash mgmt 7/30/2024 2,000,000 Money market deposit- Dreyfus gov't cash mgmt 7/31/2024 2,000,000 BNY investment interest- sweep to money market 7/31/2024 22,175 2,022,175
Ending Balance 19,022,035$
July 2024
****BNY Investment interest received and posted to Wells Fargo cash account 76,450$ Total of all Investments
Beginning 95,911,558$
Ending 83,820,504$
6.a
Packet Pg. 32
Attachment: Monthly Investment Activity Report-7.31.24 (Monthly Investment Transactions Report (July 2024)) City
Council
Report
TITLE: Monthly Treasurer's Report (July 2024)
RECOMMENDED ACTION
That the City Council review and accept the Monthly Treasurer’s Report for the month ended July 31, 2024.
BACKGROUND
California government code section 41004 requires that the City Treasurer submits to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. The City of Campbell’s Finance Director has the responsibility of City Treasurer. This report has been prepared to fulfill this requirement.
This report provides financial transaction data for the City of Campbell’s Funds collectively, including the City’s General (Operating) Fund.
DISCUSSION
This Monthly Treasurer’s Report details and summarizes receipts, disbursements, and fund balances for the month ended July 31, 2024. As shown in Attachment A, the City recognized $1.2 million in revenues and incurred $3.5 million in expenditures in total, for all City funds. The City’s overall ending fund balance for July 2024 is $79.9 million, a decrease of $2.3 million from the prior month.
For the month of July 2024, the City’s General Fund recognized $1.5 million in revenues and incurred $ 2.9 million in expenditures. The City’s ending General Fund balance for July 2024 is $14.8 million, a decrease of $1.4 million from the prior month.
FISCAL IMPACT
There is no fiscal impact associated with the review and acceptance of the Monthly Treasurer’s Report.
Item: 7
Category: CONSENT CALENDAR
Meeting Date: September 3, 2024
7 Packet Pg. 33
Monthly Treasurer's Report (July 2024) Page 2 of 2
Prepared by:
Carolina Vargas, Accountant
Approved by:
Angelique Gaeta, Assistant City
Manager
Attachment:
a. 2024.07 Fund Balance Report
7 Packet Pg. 34
City of Campbell
Changes in Total Fund Balance
For the month ended July 31, 2024
Beginning Fund
Balance
07/01/2024
Increase/
(Decrease) Current
Revenue
Current
Expenditure
Transfer
In
Transfer
Out
Fund Balance
as of
07/31/2024
General Fund
Nonspendable Fund Balance
Leases 173,181.00 - - - - - 173,181.00 Committed Fund Balance
General Plan Update 44,208.57 - - - - - 44,208.57 Compensated Absences 961,449.00 - - - - - 961,449.00 Liability insurance 136,473.00 - - - - - 136,473.00 Available Capital Improvement Reserve 30,109.00 - - - - - 30,109.00 Committed Capital Improvement Reserve 1,569,671.00 - - - - - 1,569,671.00 Community Center Facility 111,698.58 - - - - - 111,698.58 Heritage Theater 233,381.77 - - - - - 233,381.77 Historic Preservation 5,000.00 - - - - - 5,000.00 Assigned Fund Balance
Capital Projects (Construction Tax) 325,256.00 - - - - - 325,256.00 Unemployment insurance 90,000.00 - - - - - 90,000.00 PERS 2,252,000.00 - - - - - 2,252,000.00 OPEB 370,102.00 - - - - - 370,102.00 Encumbrances 976,257.58 - - - - - 976,257.58 Nonspendable Fund Balance
Unassigned Fund Balance
Unassigned (4,548,236.98) - 1,528,010.08 (2,942,370.51) - - (5,962,597.41) City Council Reserve 362,624.00 - - - - - 362,624.00 Economic fluctuations 9,955,452.00 - - - - - 9,955,452.00 Emergency 3,207,453.65 - - - - - 3,207,453.65 General Fund Total 16,256,080.17 - 1,528,010.08 (2,942,370.51) - - 14,841,719.74 Special Revenue
Vehicle Impact 3,745,636.26 39,491.36 - - - 3,785,127.62 Gas Tax 1,699,638.88 - (100,291.49) - 1,599,347.39 Asset Forfeiture 114,248.83 - - - 114,248.83 Lighting & Landscape District 750,452.06 4,836.75 (161,828.23) - 593,460.58 Housing & Community Development 345.85 - - - 345.85 Environmental Services 1,093,196.25 (10,526.19) (11,091.32) - 1,071,578.74 Supplemental Law Enforcement 219,903.00 - (7,430.23) - 212,472.77 State & Other Grants (1,188,947.14) - - - (1,188,947.14) TDA Grant 367,912.86 - - - 367,912.86 Federal Grants 1,010,907.32 - - - - 1,010,907.32 ARPA Fund 209,312.13 - - - - 209,312.13 Housing Assistance 8,443,156.26 - (16,308.48) - - 8,426,847.78 Community Restitution Fund 135,831.10 6,275.00 - - - 142,106.10 Community Facilities District #1 (23,969.49) - (1,003.27) - (24,972.76) Community Facilities District #2 203,743.40 - - - 203,743.40 Parkland Dedication 4,193,065.23 2,537.19 - - - 4,195,602.42 Recreation - Private Grants 6,286.72 - - - - 6,286.72 Adult Center 17,415.41 - - - - 17,415.41 Special Revenue Fund Total 20,998,134.93 - 42,614.11 (297,953.02) - - 20,742,796.02 Debt Service
Measure O 1,305,672.16 - - - - 1,305,672.16 LID #30 33,751.53 - - - - 33,751.53 2016 Refunding Lease Revenue Bond (158,546.96) 3.00 - - (158,543.96) Debt Service Fund Total 1,180,876.73 - 3.00 - - - 1,180,879.73 Internal Service Fund
Motor Vehicle Pool 1,357,486.54 91,755.67 (50,017.74) - 1,399,224.47 Information Technology Pool (877,809.39) - (151,361.16) - (1,029,170.55) Worker's Compensation 959,132.41 57,049.84 - - - 1,016,182.25 Internal Service Fund Total 1,438,809.56 - 148,805.51 (201,378.90) - - 1,386,236.17 Trust/Agency
Successor Agency 1,834,215.67 4.20 - - - 1,834,219.87 West Valley Solid Waste JPA 604,064.66 650.00 (41,493.48) - - 563,221.18 SCC Specialized Enforcement Team (110,329.79) - - - - (110,329.79) Trust/Agency Fund Total 2,327,950.54 - 654.20 (41,493.48) - - 2,287,111.26 Capital Project
Capital Projects Fund (2,873,290.20) - (19,667.14) - - (2,892,957.34) Measure O CIP Fund 42,814,164.07 (477,069.65) (14,887.74) - - 42,322,206.68 Capital Project Fund Total 39,940,873.87 - (477,069.65) (34,554.88) - - 39,429,249.34 Total City 82,142,725.80 - 1,243,017.25 (3,517,750.79) - - 79,867,992.26 *Fund balances are unaudited, and may not include all necessary adjustments. These figures will be updated in future reports once the FY 2023/24 independent audit is completed.
Fund Description
7.a
Packet Pg. 35
Attachment: 2024.07 Fund Balance Report (Monthly Treasurer's Report (July 2024))
City
Council
Report
TITLE: Second Reading of Ordinance 2316 Establish New Air Quality and NOx Emissions Standards (Ordinance/Roll Call Vote)
RECOMMENDED ACTION
That the City Council take a second reading and adopt Ordinance 2316 adding Chapter
6.13 (Air Quality), and amending Chapter 2.08 (Officers), Chapter 6.10 (Nuisance Abatement and Administrative Penalties), and Title 18 (Building Codes and Regulations) of the Campbell Municipal Code.
BACKGROUND
The purpose of the ordinance is to adopt amendments to the Campbell Municipal Code which serve to replace the City’s electrification requirements under its Building Reach Code – which are no longer enforceable – with new air quality regulations that focus on limiting NOx emissions in new construction projects and major remodels of existing structures.
On June 18, 2024, the City Council received a report regarding alternative options for implementing standards that limit natural gas usage and greenhouse gas emissions associated with new construction to meet the sustainability goals associated with the Reach Code. Council directed staff to move forward with an Ordinance using the Air Quality approach restricting NOx emissions, amending Title 6 (Health and Sanitation) of Campbell’s municipal code.
DISCUSSION
At its regular meeting of August 20 , 2024, the City Council held a public hearing to introduce and take a first reading of Ordinance 2316, to add Chapter 6.13 (Air Quality) to the Campbell Municipal Code to establish new air quality and NOx emissions standards and related amendments to Chapter 2.08 (Officers), Chapter 6.10 (Nuisance Abatement and Administrative Penalties) and Title 18 (Building Codes and Regulations) serving to clarify the administrative authority over the new air quality and NOx emissions standards and amend related electrification and air quality standards and supporting definitions.
Item: 8
Category: CONSENT CALENDAR
Meeting Date: September 3, 2024
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Second Reading of Ordinance 2316 - Air Quality Page 2 of 2 The City Council unanimously approved Ordinance 23 16 and staff is returning to the City Council for the second reading of the ordinance . In addition, in accordance with Government Code Section 36933, a summary of Ordinance 23 16 was published in the Metro Silicon Valley, a newspaper of general circulation for the City of Campbell, County of Santa Clara on August 28, 2024. A summary will be published again on September 11 , 2024, following approval of second reading. Ordinance 23 16 will become effective 30 days following the second reading approval.
FISCAL IMPACT
Nominal publication costs are associated with the second reading of Ordinance 2316 to meet the requirements of Government Code Section 36933, but can be absorbed within the current FY 2025 Operating Budget. Costs for codification of Ordinance 2316 in the Campbell Municipal Code are also included in the current budget. Other fiscal impacts are included in the August 20, 2024, staff report introducing the ordinance.
Prepared by:
Andrea Sanders, City Clerk
Approved by:
Angelique Gaeta, Assistant City
Manager
Attachment:
a. Ordinance 2316
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ORDINANCE NO. 2316
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAMPBELL AMENDING CHAPTER 2. 08 (OFFICERS) BY
CLARIFYING THE ROLE OF THE COMMUNITY DEVELOPMENT
DIRECTOR AND BUILDING OFFICIAL, CHAPTER 6.10 (NUISANCE
ABATEMENT AND ADMINISTRATIVE PENALITIES) TO INCLUDE A
REFERENCE TO NEW AIR QUALITY REGULATIONS, ADDING
CHAPTER 6.13 (AIR QUALITY) TO ESTABLISH AIR QUALITY AND NOX EMISSIONS REGULATIONS, AND AMENDING TITLE 18
(BUILDING CODES AND REGULATIONS ) TO REMOVE
REQUIREMENTS RELATED TO EL ECTRIFICATION AND
WOODBURNING APPLIANCES AND AMEND THE DEFINITION OF
SCOPE OF WORK OF THE CAMPBELL MUNICIPAL CODE . FILE
NO. PLN-2022-112.
WHEREAS, after notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed.
WHEREAS, the Federal Clean Air Act requires the Federal Environmental Protection Agency to establish federal air quality standards to protect public health and public welfare and to regulate emissions of hazardous air pollutants.
WHEREAS, Nitrogen Dioxide, Ground-level Ozone, and Particulate Matter are three of the six criteria air pollutants explicitly addressed in the Federal Clean Air Act.
WHEREAS, the Clean Air Act requires the Environmental Protection Agency (EPA) to set National Ambient Air Quality Standards (NAAQS) for six common air pollutants, known as “criteria air pollutants”, which include Particulate Matter (PM10 and PM2.5), Ground-level Ozone (O3), Carbon Monoxide (CO), Sulfur Dioxide (SO2), Nitrogen Dioxide (NO2), and Lead (Pb).
WHEREAS, the Clean Air Act also addresses 178 Hazardous Air Pollutants (HAPs) which are known or suspected to cause cancer or other serious health effectives, such as reproductive effects or birth defects. Some examples include Benzene, Perchloroethylene, Methylene Chloride, Dioxins and Furans, Asbestos, Toluene, and Cadmium.
WHEREAS, Congress has found that the growth in the amount and complexity of air pollution brought about by urbanization, industrial development, and the increasing use of motor vehicles, has resulted in mounting dangers to the public health and welfare, including injury to agricultural crops and livestock, damage to and the deterioration of property, and hazards to air and ground transportation.
WHEREAS, Congress has found that air pollution prevention (that is, the reduction or elimination, through any measures, of the amount of pollutants produced or created at the source) and air pollution control at its source is the primary responsibility of States and local governments (Clean Air Act, 42 U.S.C. § 7401(a)(3)).
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Attachment: Ordinance 2316 (Second Reading of Ordinance 2316 - Air Quality) City Council Ordinance No. 2316
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WHEREAS, pursuant to the California Clean Air Act Law, the California Air Resources Board (CARB) regulates mobile sources of pollution while local and regional authorities are responsible for controlling air pollution from other sources.
WHEREAS, Section 39002 of the California Health and Safety Code (HSC) recognizes local authority to set stricter standards than those set forth by law or by the state board for nonvehicular sources.
WHEREAS, much of the Greater Bay Area, including the City of Campbell, remains a nonattainment area that does not meet the federal air quality standards established to protect public health.
WHEREAS, Nitric Oxide and Nitrogen Dioxide (collectively NOx) react with volatile organic compounds (VOCs) in the presence of sunlight to form Ground-level Ozone (O3).
WHEREAS, NOx can also contribute to the formation of fine particulate matter (PM2.5) through a series of chemical reactions in the atmosphere.
WHEREAS, emissions from building appliances contribute significantly to NOx, and therefore O3 and PM2.5 that are present in the Greater Bay Area at levels that violate state and federal standards.
WHEREAS, by establishing standards and policies that reduce NOx emissions will also lead to a reduction in Ground-level Ozone and PM2.5.
WHEREAS, NOx gases can irritate the airways in the human respiratory system, leading to impaired lung function, increased asthma attacks, cardiovascular harm, lower birth weight, and increased ER and hospital admissions.
WHEREAS, Ground-level ozone can cause respiratory issues, exacerbate asthma, reduce lung function, and lead to other health problems. It also affects vegetation and ecosystems.
WHEREAS, PM2.5 can penetrate deep into the lungs and even enter the bloodstream, causing cardiovascular and respiratory diseases, as well as other health issues. It also contributes to visibility reduction and environmental degradation.
WHEREAS, the Bay Area Air Quality Management District approved rules on June 21, 2023, that outlaw the sale of NOx-emitting water heaters and furnaces in 2027 and 2029, respectively, in the Bay Area.
WHEREAS, preparing structures in the City of Campbell for the upcoming implementation of the Bay Area Air Quality Management District’s rules will promote efficiency and cost savings that will benefit Campbell residents and protect community health.
WHEREAS, Section 39002 of the California Health and Safety Code authorizes local agencies to establish air pollution standards that are stricter than statewide or federal standards.
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Attachment: Ordinance 2316 (Second Reading of Ordinance 2316 - Air Quality) City Council Ordinance No. 2316
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WHEREAS, the subject Ordinance will add Chapter 6.13 (Air Quality) of the Campbell Municipal Code as set forth herein.
WHEREAS, the subject Ordinance will amend Title 18 (Building Codes and Regulations) and of the Campbell Municipal Code as set forth herein.
WHEREAS, while the subject Ordinance will remove Chapter 18.70 (Woodburning Appliances) the requirements of that section will be subsumed and continued to be implemented by the newly created Chapter 6.13 (Air Quality).
WHEREAS, the proposed amendments to the Campbell Municipal Code are consistent with goals, policies, and actions from the 2040 General Plan including, but not limited to, the following:
Conservation and Open Space (COS)
1. Goal COS-10: Improve air quality in Campbell and the region through reductions in air pollutants and greenhouse gas (GHG) emissions.
2. Action COS-10.e Continue implementation of the City’s Municipal Code Chapter 18.70, Woodburning Appliances, in order to improve and maintain air quality conditions in the City and enhance the health and quality of life of its citizens.
3. Policy COS-10.4 Require projects to adhere to the requirements of the Bay Area Air Quality Management District (BAAQMD), including standards related to fireplaces, wood stoves, heaters, dust control, and abatement measures.
4. Policy COS-10.8 Comply with regional, state, and federal standards and programs for control of all airborne pollutants and noxious odors, regardless of source.
Community Health and Wellness (CHW)
5. Policy CHW-2.1: Practice effective city leadership in order to promote and enhance overall health conditions for residents.
6. Goal CHW-2: Promote a comprehensive and diverse approach to community health and wellness.
7. Policy CHW-2.2 Consider the effects of planning decisions on the overall health and well-being of the community and its residents.
Safety (SA)
8. Goal SA-5: Protect citizens from hazardous materials.
9. Goal SA-7: Minimize risks to life, property, the economy, and the environment through climate adaptation strategies that enhance and promote Campbell’s community resiliency.
10. Action SA-7.c Periodically assess and monitor the effects of climate change and the associated levels of risk in order to adapt to changing climate conditions.
WHEREAS, NOx-emitting equipment has been shown to have a specific, adverse impact upon the public health and safety as evidenced by the following reports:
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1. Gas appliances in California homes and buildings generate four times as much lung- damaging nitrogen oxide (NOx) pollution as the state's gas power plants, and roughly two thirds as much NOx as all the state’s passenger cars, according to a 2022 report by RMI, SPUR, and Sierra Club titled “Gas Appliances and Smog: California's Hidden Air Pollution Problem.”
2. “Effects of Residential Gas Appliances on Indoor and Outdoor Air Quality and Public Health in California,” a study by UCLA, found that gas appliances not only emit NOx and PM2.5 indoors, but also outdoors, and that these pollutants have been linked to various acute and chronic health effects, including respiratory illness, cardiovascular disease, and premature death. If all residential gas appliances were immediately replaced with clean alternatives, the reduction of outdoor NOx and PM2.5 would result in 354 fewer deaths, as well as 596 fewer cases of acute bronchitis, and 304 fewer cases of chronic bronchitis annually in California.
3. BMC Environmental Health published “Short term exposure to air pollution and mortality in the US: a double negative control analysis,” a research paper that concluded breathing PM2.5, and possibly O3 and NO2, even for a short time, can increase the risk of death from any cause, and that these risks are present even at pollution levels that are currently considered safe.
4. A report published by RMI, Mothers Our Front, Physicians for Social Responsibility, and the Sierra Club found that gas stoves emit numerous pollutants and peak indoor air pollution from gas stoves can reach levels that would be illegal outdoors per EPA standards. Children are particularly at risk for asthma, aggravated respiratory symptoms, irritated airways, lung infections, decreased lung function, and learning deficits.
5. “Fine particulate matter exposure during childhood relates to hemispheric-specific differences in brain structure,” a paper published by Environmental International, found that exposure to PM2.5 across the U.S. may be an important environmental factor influencing patterns of structural brain development in childhood.
6. BAAQMD conducted a study titled “Assessing Ambient Air Quality and Health Impacts from Natural Gas Building Appliances in the Bay Area,” citing the harmful impacts of exposure to NOx and PM2.5 and simulation modeling showing the significant reduction in pollution by prohibit the sale of NOx-emitting appliances beginning in 2027.
WHEREAS, the legislature of the State of California has, in Article XI, Section 7 of the California Constitution, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.
WHEREAS, adoption of the proposed Ordinance is considered a "project" under Section 15378(a)(1) of the California Environmental Quality Act (CEQA).
WHEREAS, the proposed Ordinance may be found exempt from environmental review under Section 15061(b)(3) of the California Environmental Quality Act (CEQA) in that there is no possibility that the proposed changes to the City’s Municipal Code may have a significant effect on the environment.
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Attachment: Ordinance 2316 (Second Reading of Ordinance 2316 - Air Quality) City Council Ordinance No. 2316
PLN-2022-112 – Officers, Air Quality, Building Code Page 5 of 4
WHEREAS, the proposed amendments will not be detrimental to the public interest, health, safety, convenience, or general welfare of the city.
WHEREAS, the proposed amendments are internally consistent with other applicable provisions of the Campbell Municipal Code.
WHEREAS, in consideration of the adoption of the subject Ordinance, the City Council provided due consideration of all evidence presented and provided in the entire administrative record.
THEREFORE, the City Council of the City of Campbell does ordain as follows:
Section 1. Section 2.08.1 20 ( Community Development Director ) of the Campbell Municipal Code is hereby amended to read as follows with underlining ( underlining) indicating new text and strikeouts (strikeouts) indicating deleted text:
2.08.120 Community Development Director.
The Community Development Director shall organize and supervise the operation of the Community Development Department. plan for the orderly development of the City.The Community Development Director He/she or theirhis/her designated representative shall be secretary to Planning Commission. The Community Development Director He/she shall plan for the orderly development, subdivision, and use of properties in the City. The Community Development Director shall administer and enforce development, subdivision, and land use regulations and other City regulations, as set forth in this code.and direct the formulation and administration of subdivisions, zoning regulations, and the enforcement of sign and zoning regulations. He/she shall coordinate, with any planning consultant, all planning services of the City.
Section 2. Section 2.08.130 (Building Official) of the Campbell Municipal Code is hereby amended to read as follows with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text:
2.08.130 Building Official.
The Building Official shall organize and supervise the operation of the bBuilding Division of the Community Development Departmentand housing code programs. The Building Official or their designated representative shall be the secretary to the Building Board of Appeals. The Building Official He/she shall administer the enforcement of the California Building Code direct the building inspection program and other City regulations, as set forth in this code.
Section 3. Subsection (a)(6) (Q) of Section 6.10. 020 (Nuisance Conditions) of the Campbell Municipal Code is hereby amended to read as follows with underlining (underlining) indicating new text:
(Q) A violation of any of the provisions of Campbell Municipal Code Chapters 5.24, 5.28, 5.29,
5.30, 5.36, 5.48, 5.58, 6.11, 6.12, 6.13, 6.19, 6.20, 6.30, 6.40, 8.34, 8.38, 8.40, 8.42, 11.04, 11.08,
11.12, 11.16, 11.32, 13.04, or 14.02,
Section 4. Chapter 6.13 (Air Quality) is hereby adopted as set forth in Exhibit A.
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Attachment: Ordinance 2316 (Second Reading of Ordinance 2316 - Air Quality) City Council Ordinance No. 2316
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Section 5. Section 18.26.060 (Electrification) of the Campbell Municipal Code is hereby deleted in its entirety.
Section 6. Section 18.26.070 (Limited exemptions from electrification standards.) of the Campbell Municipal Code is hereby deleted in its entirety.
Section 7. Section 18.32.010 Definition of “Scope of Work.” of the Campbell Municipal Code is hereby amended to read as follows with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text:
18.32.010 Definition of "New Structure Using Portions of the Original StructureScope of Work." A project shall be submitted as a "remodel" or "remodel and addition," or a "remodel of an accessory structure to create an accessory dwelling unit" (or similar scope of work) shall instead be considered and defined as a "new structuredwelling using portions of the original structure" when at least three of the following criteria are satisfied:
(1) The valuation of the proposed work exceeds one hundred eighty -five thousand dollars (valuation calculated using established valuations from the most current RS means - square foot and estimating software and book series and modified by the Building Division); (2) Seventy-five percent or more of the existing roof framing (area) is proposed to be removed. Existing roof covered by a new roof shall be considered as removed for the purposes of this calculation; (3) Seventy-five percent or more of the existing exterior walls (lineal footage of wall length) are removed, altered, filled in, or rebuilt. In no event shall new exterior walls exceed more than seventy -five percent of the length of the existing exterior w alls as determined by the building official. Nonconforming exterior walls shall not be included in the twenty-five percent remaining calculation (this subsection shall not apply to a proposed conversion of an accessory structure to an accessory dwelling unit); (4) Seventy-five percent or more of the existing interior walls (lineal footage of wall length) are removed, altered, filled in, or rebuilt. In no event shall new interior walls exceed more than seventy -five percent of the length of the existing interior walls as determined by the building official.
Section 8. Chapter 18.70 (Woodburning appliances.) of the Campbell Municipal Code is hereby deleted in its entirety.
Section 9. If any section, sentence, clause, phrase, word , or other provision of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such holding shall not affect the validity of the remaining sections, sentences, clauses, phrases, words or other provisions of this Ordinance, or the validity of this Ordinance, shall stand notwithstanding the invalidity of any section, sentence, clause, phrase, word or other provision.
Section 10. The proposed Ordinance is exempt under Section 15061(b)(3) of the California Environmental Quality Act (CEQA) as there is no possibility that the proposed changes to the City’s Municipal Code may have a significant effect on the environment.
Section 11. The City Council further finds and determines that the proposed Ordinance is consistent with the goals, policies, and actions of the 2040 General Plan.
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Attachment: Ordinance 2316 (Second Reading of Ordinance 2316 - Air Quality) City Council Ordinance No. 2316
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Section 12. That this Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, or summary thereof, one time within fifteen (15) days upon passage and adoption in the Metro Silicon Valley, a newspaper of general circulation for the City of Campbell, County of Santa Clara.
PASSED AND ADOPTED this _______ day of ________________, 202 4, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
APPROVED:
Susan M. Landry, Mayor
ATTEST:
Andrea Sanders, City Clerk
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Attachment: Ordinance 2316 (Second Reading of Ordinance 2316 - Air Quality) Exhibit A
Chapter 6.13 AIR QUALITY
6.13.010. Purpose and findings.
A. The purpose of this Chapter is to protect public health and welfare by establishing objective, written public health and safety standards that enhance air quality conditions and reduce greenhouse gas emissions.
B. Much of the Greater Bay Area, including the City of Campbell, remains a nonattainment area that does not meet the federal air quality standards established to protect public health.
C. Exposure to NOx has been linked to coughing, wheezing, difficulty breathing, asthma, and increased susceptibility to respiratory infections.
D. Establishing standards and policies that reduce NOx emissions will also lead to a reduction in Ground - level Ozone and Particulate Matter which have been found to be harmful to public health.
E. The regulations of this Chapter are established under the authority of local jurisdictions to set stricter standards than those set forth by law or by the state board for nonvehicular sources (Section 39002 of the California Health and Safety Code).
F. The regulations of this Chapter are further established pursuant to the City’s police power authority to protect the public health, safety, and welfare.
6.13.020. Burning of specific materials prohibited.
It is unlawful to burn garbage, plastics, rubber, paints, solvents, oil, treated wood products, particle board, glossy or treated paper, coal, or any other material that produces noxious or toxic emissions.
6.13.030. Fireplaces.
Fireplaces, including gas or woodburning fireplaces, shall not be replaced except when certified to meet or exceed the United States Environmental Protection Agency’s (U.S. EPA) New Source Performance Standards (NSPS).
6.13.040. NOx-emission regulations.
A. Applicability. The requirements of this section apply to all projects meeting the definition of a newly constructed structure, or a new structure reusing portions of the existing structure, established after the effective date of this Ordinance.
B. NOx-emission limit. NOx-emissions from regulated appliances, including space heaters (including furnaces and fireplaces), water heaters (including boilers), cooking appliances (including stoves and ovens), and clothes dryers, shall not exceed 0.0 nanograms of nitrogen oxides (NOx) per joule of heat and/or light output.
C. Compliance. The requirements of this Section shall be verified by one of the two following methods:
a. Appliance Specifications. Manufacturers of regulated appliances shall either provide documentation demonstrating the appliance is powered exclusively by electricity or provide documentation certifying that their appliance does not exceed the NOx-emission limit based on performance data from standardized testing procedures specific to the type of appliance (e.g., American National Standard for Household Cooking Appliances Z21.1, ANSI Z21.1, for gas-fired appliances).
b. Testing. NOx-emissions shall be measured in accordance with the U.S. Environmental Protection Agency's Method 7E: Determination of Nitrogen Oxides Emissions from Stationary Sources (Instrumental Analyzer Procedure).
D. Exceptions. Outdoor equipment and appliances (i.e., barbeque grills) that utilize a 5 gallon or smaller gas tank, and emergency equipment, shall not be subject to the requirements of this Section.
6.13.050. Limited exemptions from NOx-emission regulations.
A. Purpose. The City recognizes certain services and/or operations may be rendered infeasible if required to comply with the NOx-emission regulations established by Section 6.13.040 (NOx-emission regulations). In such circumstances, a limited exemption from the NOx-emission regulations
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established by Section 6.14.040 (NOx-emission regulations) may be warranted. The purpose and intent of this section is to outline the regulations for when a limited exemption from the NOx-emission regulations may be granted.
B. Exemption Process. The City shall not approve any request for a limited exemption from the NOx- emission regulations, as set forth in Section 6.13.040 (NOx-emission regulations), except upon a complete and duly filed application on the then-current form prepared by the city and accompanied by a filing fee, if established, in compliance with the City's schedule of fees and charges.
C. Review Criteria. The applicant always bears the burden to demonstrate why a limited exemption should be granted. The following criteria shall be used by the Building Official to determine if there is an operational necessity that warrants a limited exemption from the NOx-emission regulations, as set forth in Section 6.13.040 (NOx-emission regulations).
1. Dependent processes. Business or commercial activities that require the emission of NOx for specific operationally dependent processes, shall be allowed to emit NOx in exceedance of the limit established by Section 6.13.040 (NOx-emission regulations) for that process.
Examples include, but shall not be limited to, metallurgy, glass blowing, pottery, research and development uses, and certain medical processes.
2. Commercial cooking. Commercial restaurants and similar commercial food preparatory facilities shall be permitted appliances that emit NOx in exceedance of the limit established by Section 6.13.040 (NOx-emission regulations) for food preparation. Examples include, but shall not be limited to, restaurants, bakeries, grocery stores, and commercial kitchens.
3. Cost prohibitive. Appliances that emit NOx in exceedance of the limit established by Section
6.13.040 (NOx-emission regulations) shall be permitted when it can be demonstrated that the ten-year life-cycle cost analysis of installing and using a compliant appliance will be fifty percent or greater than that that of using NOx emitting appliance. When estimating the life- cycle cost, all calculations will assume the purchase and use of all new appliances.
4. Reconstruction after damage or destruction. A structure with appliances that emit NOx in exceedance of the limit established by Section 6.13.040 (NOx-emission regulations) which is involuntarily damaged or partially destroyed to the extent that the cost of restoration does not exceed seventy-five percent of the cost of construction of a comparable new structure (as determined by the Building Official) may continue to have NOx emitting appliances in exceedance of the limit established by Section 6.13.040 (NOx-emission regulations) provided that building permits are submitted for the reconstruction of the structure within twelve months of its involuntary damage or destruction.
D. Electric Service Required. In the event a limited exemption is granted, electric service will be required to any location where NOx emitting appliances are to be installed. The exact type and placement of electrical service and outlets in proximity to locations where NOx emitting equipment is installed shall be subject to the satisfaction and discretion of the Building Official. The requirement to provide electrical service in areas where NOx emitting equipment is installed serves to further the purpose of this Chapter by facilitating the more expeditious removal and replacement of NOx-emitting equipment, thereby reducing NOx emissions.
E. Decision. The Building Official shall notify the applicant of the decision rendered electronically through the City's online permitted system, by email, or by first class mail.
F. Revocation. The Building Official may revoke a limited exemption if the criteria used to grant the limited exemption may no longer be made.
G. Appeals from Building Official Decision. The applicant or any interested person or entity may file an appeal to the Community Development Department of any decision made by the Building Official in compliance with this chapter. The appeal shall be filed within ten days of the Building Official's decision, with the City Clerk in writing and accompanied by a filing fee in compliance with the city's schedule of fees and charges. The Community Development Director, or Community Development Director's designee, in his or her discretion, shall determine whether to affirm, set side, or modify the Building Official's decision appealed therefrom based on a review of the same criteria used by the
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Building Official. Thereafter, the appellant shall be notified of the Community Development Director's decision.
H. Appeals from Community Development Director Decision. The applicant or any interested person or entity may file an appeal to the City Council of any decision made by the Community Development Director in compliance with this chapter. The appeal shall be filed within ten days of the Community Development Director's decision, with the City Clerk in writing and accompanied by a filing fee in compliance with the city's schedule of fees and charges. The City Council, in their discretion, shall determine whether to affirm, set side, or modify the Community Development Director's decision appealed therefrom based on a review of the same criteria used by the Community Development Director. Thereafter, the appellant shall be notified of the decision.
6.13.060. Interpretation of provisions.
This section provides rules for resolving questions about the meaning or applicability of provisions of this Chapter. The provisions of this section are intended to ensure consistent interpretation and application of the requirements of this Chapter with other sections of the Campbell Municipal Code and General Plan, and to the extent necessary, to provide authority to temporarily suspend the enforcement of, or harmonize the application of, the provisions of this Chapter with federal and state law, or relevant court decisions.
A. Authority. The Building Official shall have the responsibility and authority to interpret the meaning and applicability of all provisions and requirements of this Chapter.
B. Rules of Interpretation.
1. Minimum requirements. The provisions of this Chapter shall be strictly interpreted and applied as minimum requirements (unless stated as maximums) for the promotion of public health, safety, convenience, and general welfare.
2. Terminology. When used in this Chapter, the words "shall," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended; and "may" is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words "include," "includes," and "including" mean "including but not limited to..." and the word "used" includes the words "arranged for, designed for, occupied, or intended to be occupied for." C. Request for Interpretation. The request for an interpretation or determination shall be made to the Building Official, shall include all information required by the Building Official, and the fee established by the City's fee resolution.
6.13.070. Enforcement.
Violations of the requirements of this Chapter are hereby declared a public nuisance a subject to the policies, procedures, and penalties of other public nuisances as defined and regulated by Chapter 6.10 (Nuisance Abatement and Administrative Penalties) of the Campbell Municipal Code.
6.13.080. Severability of provisions.
If any provision or clause of this Chapter or the application thereof is held to be invalid, such invalidity shall not affect the other provisions or applications of this Chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this Chapter are declared to be severable.
6.13.090. Definitions.
As used in this chapter, the following terms shall have the meanings set forth below. Definitions contained in this Section shall be arranged in alphabetical order. “Appliance.” (See “Powered appliance”).
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“Boiler(s)” means any combustion equipment used to heat water or produce steam and that is not exclusively used to produce electricity for sale. For the purposes of this definition, a boiler does not include any waste heat recovery boiler that is used to recover sensible heat from the exhaust of a combustion turbine or any unfired waste heat recovery boiler that is used to recover sensible from the exhaust of any combustion equipment.
“Cooking appliance” means a powered appliance used to cook food, such as stoves and ovens. “Clothes dryer” means a powered appliance used to remove moisture from clothing, fabrics and other textiles, typically through a tumble-type drum with forced air circulation. “Established” means the date a building permit has been submitted to, accepted by, the City of Campbell with all fees required for permit intake review having been paid. “Emergency equipment” means equipment or appliances that are specifically designed, designated, and utilized to respond to urgent and unforeseen situations that pose immediate threats to life, property, or the environment. Examples of emergency equipment include, but are not limited to, emergency generators used to provide temporary power during power outages, emergency water pumps used to remove water in flooding situations, and fire pumps used to provide water pressure for fire protection systems. “Installed” means the placing, anchoring, or mounting of an appliance within a building or structure. “Nitrogen oxides” or “NOx” means the sum of nitrogen oxide (NO) and nitrogen dioxide (NO2), collectively expressed as nitrogen dioxide.
“Newly constructed structure” means a structure that has never been used or occupied for any purpose. “NOx emitting appliance” means any appliance that emits more than 0.0 nanograms of nitrogen oxides (expressed as NOx) per joule of heat output.
“Noxious or toxic emissions” means any gaseous or particulate byproducts of combustion that are harmful or hazardous to human health, animal life, or the environment. This includes, but is not limited to, emissions that contain nitrogen oxides (NOx), carbon monoxide (CO), sulfur dioxide (SO2), volatile organic compounds (VOCs), heavy metals, dioxins, and furans.
“New structure reusing portions of the original structure” shall mean the same as set forth in Chapter
18.32 (Determination of scope of work) of the Campbell Municipal Code. “Powered appliance” means a device used to perform a specific task using a source of energy or power that is not manual human effort.
“Regulated appliances” means space heaters (including furnaces and fireplaces), water heaters (including boilers), cooking appliances (including stoves and ovens), and clothes dryers. “Space heater(s)” means a powered appliance such as a furnace or fireplace used to heat a designated area or space within a building to raise the temperature of air. “Water heater(s)” means a powered appliance, such as boilers, used to raise the temperature of water. “Zero NOx emitting appliance” means any appliance that emits no more than 0.0 nanograms of nitrogen oxides (expressed as NOx) per joule of heat output.
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Attachment: Ordinance 2316 (Second Reading of Ordinance 2316 - Air Quality)
City
Council
Report
TITLE: Second Readings of Ordinance 2318 Amending Chapter 21.24 (Inclusionary Housing Ordinance) and Ordinance 2319 Establishing Title 19 (Housing) of the Campbell Municipal Code (Ordinances/Roll Call Vote)
RECOMMENDED ACTION
That the City Council take the following action: (1) Take second reading, adopting Ordinance 2318 amending Chapter 21.24 (Inclusionary Housing Ordinance) of the Campbell Municipal Code; and (2) Take second reading, adopting Ordinance 2319, establishing Title 19 (Housing) of the Campbell Municipal Code.
DISCUSSION
At its regular meeting of August 20, 2024, the City Council held a public hearing to adopt Resolution 13199 adopting an Affordable Housing Nexus Study; adopt Resolution 13200; introduce and t ake first reading of Ordinance 23 18, amending Chapter 21.24 (Inclusionary Housing Ordinance) of the Campbell Municipal Code ; and introduce and take first reading of Ordinance 2319 establishing Title 19 (Housing) of the Campbell Municipal Code. Ordinance 2319 serves to set forth guidelines, regulations, and policies related to the provision of housing, including affordable housing, and housing services in the City of Campbell.
The City Council voted 4 -1 (Vice Mayor Lopez voted no) to approve Ordinance 231 7 and Ordinance 2318 and staff is returning to the City Council for second reading s of the ordinances. In addition, in accordance with Government Code Section 36933, summaries of Ordinances 2317 and 2318 were published in the Metro Silicon Valley, a newspaper of general circulation for the City of Campbell, County of Santa Clara on August 28, 2024. Summaries will be published again on September 11, 2024, following approval of second reading. Ordinance s 2317 and 2318 will become effective 30 days following the second reading approval.
FISCAL IMPACT
Nominal publication costs are associated with the second reading s of Ordinance 231 7 and Ordinance 2318 to meet the requirements of Government Code Section 36933, but can be absorbed within the current FY 2025 Operating Budget. Costs for codification of Ordinances 2317 and 2318 in the Campbell Municipal Code are also included in the Item: 9
Category: CONSENT CALENDAR
Meeting Date: September 3, 2024
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Second Reading of Ordinances 2318 and 2319 Page 2 of 2
current budget. Other fiscal impacts are included in the August 20, 2024, staff report introducing the ordinance.
Prepared by:
Andrea Sanders, City Clerk
Approved by:
Angelique Gaeta, Assistant City
Manager
Attachment:
a. Ordinance 2318 (Inclusionary Housing Ordinance)
b. Ordinance 2319 (Housing)
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ORDINANCE NO. 2318
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL AMENDING CHAPTER 21.24 (INCLUSIONARY
HOUSING ORDINANCE) OF T HE CAMPBELL MUNICIPAL
CODE. FILE NO. PLN-2023-85.
W
HEREAS, a fter notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed.
W
HEREAS, the subject Ordinance will amend Chapter 21.24 (Inclusionary Housing) of the Campbell Municipal Code.
WHEREAS, housing prices and rents in the City of Campbell have increased at a significantly higher rate than general wages. The lack of affordable housing in Campbell forces many residents to pay a very high percentage of their income for housing or to commute considerable distances, adding to air pollution and traffic congestion in Campbell and throughout Santa Clara County. The lack of affordable housing has made it more difficult to recruit workers from out of the area, in general, espec ially workers in lower-paying jobs, potentially affecting the economic vitality of the Campbell. New housing developments do not, to any appreciable extent, provide housing affordable to lower income households. As a result, there is a severe shortage of lower income housing as evidenced by the following:
a. According to the 2023-2031 Final Regional Housing Needs Allocation (RHNA) Plan for the San Francisco Bay Area, prepared by the Association of Bay Area Governments (ABAG), over half (56%) of the City’s housing need is for very-low, low, and moderate-income households. b. According to the U.S. Census Bureau, American Community Survey 5-Year Data (2015-2019) 44.6% of renters, and 27.4% of homeowners, in Campbell are cost burdened, spending more than 30% of their income on housing.
WHE
REAS, State housing policy requires the City to assist in the development of adequate housing to meet the current and future housing needs of Campbell residents.
Under the 6th Cycle Regional Housing Needs Allocation (RHNA), the City is required to plan for the development of 752 very-low, 434 low, and 499 moderate-income units, which together account for 56% of the City's total RHNA obligation. In comparison, the City’s 1,292 above-moderate income units represent only 44% of the City’s RHNA for the 2023- 2031 planning period. Understanding the housing needs of the community, the Inclusionary Ordinance requirement for 15% of all new units to be made affordable is reasonable and appropriate to achieve the City's housing needs and obligations.
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Attachment: Ordinance 2318 (Inclusionary Housing Ordinance) (Second Reading of Ordinances 2318 and 2319) City Council Ordinance No.
PLN-2023-85 – Amending Chapter 21.24 (Inclusionary Housing Ord.) Page 2 of 4
WHEREAS, the p roposed amendments to Chapter 21.24 (Inclusionary Housing Ordinance) of the Campbell Municipal Code include additional findings in Section
21.24.010 (Purpose and findings.) which are included herein by reference.
WHEREAS, the proposed amendments would be consistent with the 2040 General Plan and 2023-2031 Housing Element of the City of Campbell including, but not limited to, the following:
2040 General Plan
Goal LU -3: Employ creative approaches to providing a range of affordable housing options in Campbell while protecting the character of established neighborhoods.
LU-3.a: Implement the programs in the Housing Element in order to achieve the city’s housing goals.
2023-2031 Housing Element
Program H -1a: Inclusionary Housing Ordinance Implementation:
Amend the Inclusionary Housing Ordinance to offer developers a menu of options for achieving affordability, adjusting the percentage of units required to be affordable depending on the degree of affordability achieved (i.e., moderate- , low-, very low -, and extremely low income).
These amendments could also include:
• Initiating a nexus study to reevaluate increasing the affordable housing in-lieu fee.
• Updating the inclusionary ordinance to require for -sale projects to provide the same allocation of units available to lower-income and very low-income units that is required for rental projects.” • Modifying the In- Lieu Fee threshold to apply only to developments of 5-9 units. Housing developments of 10 or more units would not be allowed to substitute affordable units with in- lieu fees.
WHEREAS, the legislature of the State of California has, in Government Code Sections 65302, 65560 and 65800, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry.
WHEREAS, the proposed amendments to Chapter 21.24 (Inclusionary Housing Ordinance) are supported by the Affordable Housing Nexus Study prepared by BAE Urban Economics and dated July 15, 2024 (hereinafter “Affordable Housing Nexus Study”).
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WHEREAS, the City Council adopted the Affordable Housing Nexus Study as a separate, and prior action, at its meeting of August 20, 2024.
WHEREAS, the review and adoption of the proposed amendments is done in compliance with California Government Code Sections 65853 through 65857, which require a duly noticed public hearing of the Planning Commission whereby the Planning Commission shall provide its written recommendation to the City Council for its consideration.
WHEREAS, adoption of the proposed Ordinance is considered a "project" under Section 15378(a)(1) of the California Environmental Quality Act (CEQA).
WHEREAS, the proposed Ordinance may be found exempt from environmental review under Section 15061(b)(3) of the California Environmental Quality Act (CEQA) in that there is no possibility that the proposed changes to the City’s Municipal Code may have a significant effect on the environment.
WHEREAS, the legislature of the State of California has, in Article XI, Section 7 of the California Constitution, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.
WHEREAS, the proposed amendments will not be detrimental to the public interest, health, safety, convenience, or general welfare of the city.
WHEREAS, the proposed amendments are internally consistent with other applicable provisions of the Campbell Municipal Code and Zoning Code.
WHEREAS, in consideration of the adoption of the subject Ordinance, the City Council provided due consideration of all evidence presented and provided in the entire administrative record.
THEREFORE, the City Council of the City of Campbell does ordain as follows:
Section 1. Chapter 21.24 ( Inclusionary Housing Ordinance) of the Campbell Municipal Code is hereby amended to read as set forth in Exhibit A -1 with underlining (underlining) indicating new text and strikeouts (strikeouts) indicating deleted text.
Section 2. If any section, sentence, clause, phrase, word, or other provision of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such holding shall not affect the validity of the remaining sections, sentences, clauses, phrases, words or other provisions of this Ordinance, or the validity of this Ordinance, shall stand notwithstanding the invalidity of any section, sentence, clause, phrase, word or other provision.
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Section 3. The proposed Ordinance is exempt under Section 15061(b)(3) of the California Environmental Quality Act (CEQA) as there is no possibility that the proposed changes to the City’s Municipal Code may have a significant effect on the environment.
Section 4. The City Council further finds and determines that the proposed Ordinance is consistent with the goals, policies, and actions of the 2040 General Plan and the 2023- 2031 Housing Element.
Section 5. That this Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, or summary thereof, one time within fifteen (15) days upon passage and adoption in the Metro Silicon Valley, a newspaper of general circulation for the City of Campbell, County of Santa Clara.
PASSED AND ADOPTED this _______ day of ________________, 2024 , by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
APPROVED:
Susan M. Landry, Mayor
ATTEST:
Andrea Sanders, City Clerk
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Attachment: Ordinance 2318 (Inclusionary Housing Ordinance) (Second Reading of Ordinances 2318 and 2319) Exhibit A-1
Chapter 21.24 INCLUSIONARY HOUSING ORDINANCE
21.24.010 Purpose and findings.
A. The purpose of this Chapter is to enhance the public welfare by establishing policies which facilitate the availability of housing affordable to a broad range of households with varying income levels within the City of Campbell, meet the City’s regional share of housing needs, and implement the goals and objectives of the General Plan and Housing Element.
B. The City Council desires to encourage the development of inclusionary units to be located upon the same site as market rate residential development to provide for integration of lower income households with households in market rate neighborhoods and to disperse Inclusionary Units throughout the City where new residential development occurs.
C. The City's Housing Element recognizes that affordable housing is a critical component to the City's economic and social health. Establishing policies which facilitate the availability of housing affordable to a broad range of households with varying income levels within the City of Campbell is consistent with and will implement the City’s Housing goals, policies, and programs for Affordable Housing which include, but are not limited to, the following:
1. Goal 1: Improve Housing Affordability in Campbell – Encourage the Production of Affordable Housing; and
2. Program H-1a (Inclusionary Housing Ordinance Implementation).
D. Providing affordable housing for new employees in lower income jobs locally (rather than leaving those employees to obtain housing in lower cost areas far from Campbell employment centers and transit corridors) helps minimize housing's contribution to greenhouse gas emissions and locating housing to reduce vehicle miles traveled and auto dependency. If the increased demand for affordable housing is not addressed within Campbell it will cause such housing to be built elsewhere, in areas with lower land values that are far from city employment centers and transit corridors, and the resulting commuting will cause increased traffic and transit demands and consequent noise and air pollution.
E. If the increased demand for affordable housing is not addressed within Campbell it may also impact economic growth in that businesses within the city may find it more difficult to attract and retain the variety of workers that they need.
F. Establishing policies which facilitate the availability of housing affordable to a broad range of households with varying income levels also implements policies of the State of California to: (1) provide sufficient capacity for new housing affordable at all income levels necessary to accommodate the State's future economic growth; and (2) by providing housing for lower income workers, long commutes from less expensive housing markets can be avoided and thus contribute to the implementing the Global Warming Solutions Act of 2006 and the Sustainable Communities and Climate Protection Act of 2008.
G. State housing policy requires the City to assist in the development of adequate housing to meet the needs of lower income households. There is a significant shortage of housing affordable to lower income households, which will only increase as the finite number of residentially zoned parcels within the city are purchased and developed for market rate residential developments.
This loss of residential land available for affordable housing is another impact of market rate residential development.
H. The requirements of this Chapter are based on a number of factors including, but not limited to, the City's long-standing commitment to economic diversity; the serious need for affordable housing as reflected in local and State housing laws, regulations, and policies; the demand for affordable housing created by the development of market rate housing; and the impact that the lack of affordable housing production has on the health, safety, and welfare of the City's residents including its impacts on traffic, transit and related air quality impacts, and the demands placed on
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the regional transportation infrastructure. Establishing policies which facilitate the availability of housing affordable to a broad range of households with varying income levels that are reasonably related to the burdens created by new market-rate development on the City's need for affordable housing will contribute to addressing impacts and fulfilling goals of the City and State of California.
I. The City also desires to provide the residential development community with alternatives to construction of the inclusionary units on the same site as the market rate residential development.
Therefore, Section 21.24.070 (Alternatives) includes a menu of options from which an applicant may elect, in lieu of building affordable units within a residential project. Nothing in this Chapter shall deem or be used to deem the compliance options in Section 21.24.070 (Alternatives), including, but not limited to, the in lieu housing fee authorized pursuant to Section 21.24.70.C., as an ad hoc exaction, as a mandated fee required as a condition to developing property, or as a fee subject to the analysis in Building Industry Association of Central California v. City of Patterson (5th Dist. 2009) 171 Cal. App. 4th 886.
J. The City has prepared a Nexus Study which shows that there is a reasonable relationship between the purpose for which the in-lieu housing fees established by this Chapter are to be used and the type of development projects on which the fees are imposed, and between the need for affordable housing and market-rate development and between the amount of the fees and the cost of the affordable housing units or portion of the units attributable to the development on which the fees are imposed. The Nexus Study complies with the requirements of California Government Code section 66001(A)(4) by establishing the reasonable relationship between the need for affordable housing and the development of market-rate housing.
K. It is the intent of the City that the in-lieu housing fee established by this Chapter shall be supplementary to any conditions imposed upon a market-rate housing project pursuant to other provisions of the Municipal Code, the Subdivision Map Act, the California Environmental Quality Act, and other State and local laws, which may authorize the imposition of project specific conditions on development.
L. High housing costs relative to income can contribute to overcrowding which has been found to contribute to impacts to public health, safety, and welfare according to the U.S. Department of Housing and Urban Development’s 2007 report on “Measuring Overcrowding in Housing” and the Center for Disease Control’s 2020 publication on “Health Effects of Housing.
M. The requirements of this Chapter are adopted pursuant to the City’s police power authority to protect the public health, safety, and welfare. The requirements of this section are consistent with Housing Element goals related to protecting the public welfare by fostering an adequate supply of housing for persons at all economic levels and maintaining both economic diversity and geographically dispersed affordable housing.
21.24.010 Findings.
The City Council finds that:
A. Housing prices and rents in the city of Campbell have increased at a significantly higher rate than general wages. The lack of affordable housing in Campbell forces many residents to pay a very high percentage of their income for housing or to commute considerable distances, adding to air pollution and traffic congestion in Campbell and throughout Santa Clara County.
The lack of affordable housing has made it more difficult to recruit workers from out of the area, in general, especially workers in lower-paying jobs, potentially affecting the economic vitality of the Campbell. New housing developments do not, to any appreciable extent, provide housing affordable to low- and moderate-income households.
B. Continued new housing developments which do not include housing for low- and moderate- income households will serve to further aggravate the current shortage of affordable housing by reducing the small remaining supply of undeveloped land.
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Created: 2022-12-01 08:36:01 [EST]
(Supp. No. 37)
C. The City Council approved the City's housing element of the general plan which includes a goal to encourage the provision of housing affordable to a variety of household income levels (Goal H-3).
D. Implementation of the inclusionary ordinance is a necessary part of the City's efforts to meet its general plan housing element goals and objectives and its region wide affordable housing obligations. Through the inclusionary ordinance, at least fifteen percent of the units in a new housing development of ten or more units will be price or rent restricted as units for low - and moderate-income households. In some circumstances, developers will be offered an option of providing affordable units off-site or payment of an in-lieu housing fee.
21.24.020 Purpose of chapter.
The purpose of this chapter is to further the City's efforts to require housing available to very low - income, low-income and moderate-income households. The city's general plan implements the established policy of the State of California that each community should foster an adequate supply of housing for persons at all economic levels.
Providing the affordable units required by this chapter will help to ensure that part of Campbell's remaining developable land is used to provide affordable housing. An economically balanced community is only possible if part of the new housing built in the City is affordable to households with limited incomes. Requiring builders of new housing to include some housing affordable to households at a range of incomes is fair, not only because new development without affordable units contributes to the shortage of affordable housing, but also because zoning and other ordinances concerning new housing should be consistent with the community's goal to foster an adequate supply of housing for persons at all economic levels. In general, affordable units within each housing development will serve the goal of maintaining an economically balanced community.
The inclusionary housing ordinance is required by the council to promote and protect the public health, safety, and general welfare while preserving and enhancing the aesthetic quality of the City. (Ordinance 2060, December 2005 Code Update, Title 21 Zoning, 21.01.030 Purpose).
21.24.020 Applicability.
This chapter shall not apply to rental projects or for-sale projects that are developed in accordance with, and subject to, a recorded governmental agency deed restriction or regulatory agreement that imposes affordable rent, occupancy, and eligibility restrictions or affordable ownership cost and sale price restrictions with associated eligibility and occupancy restrictions on all residential units in the development, except for manager's units. Such deed restriction or regulatory agreement must be recorded against the property, be binding on successors in interest for at least the same duration as required by this chapter, and be executed by the property owner and any of the following entities or agencies: the City of Campbell, the County of Santa Clara, the California Tax Credit Allocation Committee, the issuer of tax-exempt bonds used to finance the residential development, the California Department of Housing and Community Development or any other State of California agency, and the U.S. Department of Housing and Urban Development or any other federal agency.
21.24.030 Definitions.
As used in this chapter, the following terms shall have the meanings set forth below:
"Appliances " means refrigerators, stovetops, ranges, microwaves, air conditioners, furnaces, heat pumps, electric vehicle chargers, whole house fans, and battery storage systems . "Affordable ownership cost" means average monthly housing costs during the first calendar year of a household's occupancy, as determined by the Ccity, including mortgage payments, loan insurance fees, if any, property taxes, reasonable allowances for utilities and property maintenance and repairs, homeowners insurance and homeowners association dues, if any, that is affordable to a low- or
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moderate- income household, or at even lower levels of affordability, adjusted for household size. which do not exceed the following:
1. For lower-income households: one-twelfth of thirty percent of seventy percent of area median income, adjusted for assumed household size based on presumed occupancy levels of one person in a studio apartment, two persons in a one bedroom unit, three persons in a two bedroom unit and one additional person for each additional bedroom thereafter.
2. For moderate-income households: one-twelfth of thirty-five percent of one hundred ten percent of area median income, adjusted for assumed household size based on presumed occupancy levels of one person in a studio apartment, two persons in a one bedroom unit, three persons in a two bedroom unit and one additional person for each additional bedroom thereafter. "Affordable rent" means monthly rent, including utilities and all fees for housing services, which do not exceed thirty percent (30%) of the gross monthly income adjusted for household size.the following:
1. For lower-income households: one-twelfth of thirty percent of sixty percent of area median income, adjusted for assumed household size based on presumed occupancy levels of one person in a studio apartment, two persons in a one bedroom unit, three persons in a two bedroom unit, and one additional person for each additional bedroom thereafter.
2. For very low-income households: one-twelfth of thirty percent of fifty percent of area median, adjusted for assumed household size based on presumed occupancy levels of one person in a studio apartment, two persons in a one bedroom unit, three persons in a two bedroom unit, and one additional person for each additional bedroom thereafter.
"Affordable unit(s)" means one or more living units which are required under this chapter to be rented at affordable rents or available at an affordable housing cost to specified households. "Applicant" means a person or entity who applies for a residential project and, if the applicant does not own the property on which the residential project is proposed, also means the owner or owners of the property.
"Area median income" means area median income for Santa Clara County as published pursuant to California Code of Regulations, Title 25, Section 6932 (or its successor provision). "Construction cost index" means the California Construction Cost Index (CCCI) published by the California Department of General Services, Real Estate Service DivisionEngineering News Record San Francisco Building Cost Index. If that index ceases to exist, the community development director shall substitute another construction cost index which in his or her judgment is as nearly equivalent to the original index as possible.
"Development project " means any project undertaken for the purpose of development. “Development project” includes a project involving the issuance of a permit for construction or reconstruction but not a permit to operate. “Development project” does not include any ministerial projects proposed to be carried out or approved by public agencies. "Eligible household" means a household whose household income does not exceed the maximum specified in Section 21.24.040 (General requirements.) of this chapter for a given affordable unit. "Extremely low-income household" means a household whose household income does not exceed 30 percent of the area median income in Santa Clara County,the extremely low-income limits applicable to Santa Clara County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50105 of the California Health and Safety Code. "First approval" means the first of the following approvals to occur with respect to a residential pr
oject: building permit, planned development permit, tentative parcel map, tentative subdivision map, conditional use permit, site and architectural review permit, or other discretionary city land use approval. "For-sale project" means a residential project, or portion thereof, which is intended to be sold to owner-occupants upon completion.
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"Household income" means the combined adjusted gross income for all adult persons living in a living unit as calculated for the purpose of the Section 8 Program under the United States Housing Act of 1937, as amended, or its successor.
"Inclusionary housing agreement" means an agreement between the city and an applicant, governing how the applicant shall comply with this chapter. "Livable area" means the total square footage of the interior of all dwelling units within a residential development that a tenant can occupy and use as measured from the interior face of the exterior walls.
This area specifically includes all living spaces, kitchens and bathrooms, and usable closet and storage spaces within a dwelling unit. This definition specifically excludes common areas such as hallways, elevators, stairwells, mailrooms, multi-use rooms, indoor pool rooms, mechanical rooms, lobbies, parking areas, and areas shared with a non-residential use in a mixed-use development. "Living unit" means one or more rooms designed, occupied, or intended for occupancy as separate living quarters, with cooking, sleeping, and bathroom facilities. For the purposes of this Chapter, Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) shall not count as living units.
"Lower-income" means a household whose household income is less than eighty percent (80%) of the area median income in Santa Clara County, as published and periodically updated by the California Department of Housing and Community Development.
"Lower-income household" means a household whose household income is greater than fifty percent (50%) and does not exceed eighty percent (80%) of the area median income in Santa Clara County, as published and periodically updated by the California Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code. does not exceed the lower -income limits applicable to Santa Clara County, as published and periodically updated by the California Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code.
"Manager’s unit" means a housing unit within a rental housing development that is designated for occupancy by a property manager or on-site staff responsible for the management and maintenance of the property.
"Market rate unit" means a housing unit or the legal lot for such unit offered on the open market at the prevailing market rate for purchase or rental.
"Ministerial project " means a project for which the governmental agency’s action involves only the application of fixed, objective standards or criteria, without personal judgement or discretion. Ministerial projects do not require discretionary approval by a public agency. "Moderate-income household" means a household whose household income is greater than eighty percent (80%) and does not exceed one hundred twenty percent (120%) of the area median income in Santa Clara County, as published and periodically updated by the California Department of Housing and Community Development pursuant to Section 50093 of the California Health and Safety Code. "Nexus Study" means the fee study entitled: “Affordable Housing Nexus Study” prepared by BAE Urban Economics, dated July 15, 2024, approved by the City Council on August 20, 2024, and on file with the City Clerk.
"Pending project" means a land use application that has been accepted by the community development department as complete before the effective date of the ordinance codified in this chapter shall be processed in compliance with the requirements in effect when the application was accepted as complete by the city.
"Rental project" means a residential project, or portion thereof, which is intended to be rented to tenants upon completion.
"Residential project" has two distinct meanings depending on the date of application submittal as follows:
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1. For a residential project submitted less than one-year after the effective date of this Chapter, “Residential project” means, any parcel map, subdivision map, conditional use permit, site and architectural review permit, building permit, or other city approval, which authorizes ten or more living units or residential lots, or living units and residential lots with ten or more in combination., exclusive of any proposed accessory dwelling units. In order to prevent evasion of the provisions of this chapter, contemporaneous construction of ten or more living units on a lot, or on contiguous lots for which there is evidence of common ownership or control, even though not covered by the same city land use approval, shall also be considered a residential project.
Construction shall be considered contemporaneous for all units which do not have completed final inspections for occupancy and which have outstanding, at any one time, any one or more of the following: parcel map, subdivision map, or other discretionary city land use approvals, or building permits, or applications for such an approval or permits. A pending project shall not be considered a residential project under this chapter.
2. For a residential project submitted one-year or more after of the effective date of this Chapter, “Residential project” means, any parcel map, subdivision map, conditional use permit, site and architectural review permit, building permit, or other city approval, which authorizes five or more living units or residential lots, or living units and residential lots with five or more in combination, exclusive of any proposed accessory dwelling units. In order to prevent evasion of the provisions of this chapter, contemporaneous construction of five or more living units on a lot, or on contiguous lots for which there is evidence of common ownership or control, even though not covered by the same city land use approval, shall also be considered a residential projec t.
Construction shall be considered contemporaneous for all units which do not have completed final inspections for occupancy and which have outstanding, at any one time, any one or more of the following: parcel map, subdivision map, or other discretionary city land use approvals, or building permits, or applications for such an approval or permits.
3. "Very low-income household" means a household whose household income is greater than thirty percent (30%) and does not exceed fifty percent (50%) of the area median income in Santa Clara County does not exceed the very low-income limits applicable to Santa Clara County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50105 of the California Health and Safety Code.
21.24.040 General requirements.
A. Percentage requirement. At least fifteen percent of all units in a residential project shall be made available at affordable rents or affordable ownership cost as prescribed in this section and shall be approved and completed not later than the times prescribed in Section 21.24.050 (Time performance.)21.20.040 of this title, unless an alternative mode of compliance requirement is approved as set forth in Section 21.24.070 (Alternatives.),21.24.060 of this chapter. When the percentage requirement results in a fraction of units, the owner of the property shall round fractional units as follows:
1. For a residential project submitted less than one year after the effective date of this Chapter, the property owner shall construct the next higher whole number of affordable units where the fraction is 0.5 or greater and shall construct the next lower whole number of affordable units where the fraction of units is less than 0.5. For fractions of units in residential projects, where the fraction is 0.5 or greater, the owner of the property shall construct the next higher whole number of affordable units, and where the fraction is 0.49 or less, the owner shall construct the next lower whole number of affordable units.
2. For a residential project submitted one year or more after the effective date of this Chapter, for any fractions of units in residential projects the owner of the property shall construct the next higher whole number of affordable units.
B. Provision of affordable units. Where affordable and market rate units are provided in a residential project, the affordable units, irrespective of income level, shall be indistinguishable, in terms of building materials, architectural features, lighting fixtures, type and number of appliances, and
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landscaping areas from other residential units in the residential project. Further, affordable units, irrespective of income level, shall have the same access to parking facilities, project amenities, and recreational areas as other residential units in the residential project. Exceptions. The community development director may grant exceptions to the requirements of this chapter to residential projects located within the redevelopment project area, upon a finding that such exception is necessary to effective implementation of the redevelopment plan, while maintaining overall compliance with affordable housing production requirements set forth in Health and Safety Code Section 33 413.
C. Location and design distribution of affordable units. Where affordable and market rate units are provided in a residential project, the All affordable units shall be reasonably distributed proportionally to the total units in the residential project, inclusive of any density bonus units, dispersed throughout the project in terms of their assignment to rental and ownership units, and their placement in buildings, floors, and model types (accounting for floor plans, bedroom count, and unit sizes) where different buildings, floors, or model types are present in the residential project.and shall be comparable to the design of the market-rate units in terms of distribution of model types, number of bedrooms, appearance, materials and finished quality of the market-rate units in the project. There shall not be significant identifiable differences between affordable units and market -rate dwelling units which are visible from the exterior of the dwelling units and the size and design of the dwelling units shall be reasonably consistent with the market-rate units in the development. Affordable units shall have the same access to project amenities and recreational facilities as market rate units.
D. For-sale projects. Affordable units which are constructed in for-sale projects for owner-occupancy shall be sold at affordable ownership cost to lower-income households and moderate-income households. Of these affordable units in for-sale projects, forty percent of the required fifteen percent, or six percent of the total units in the residential project, shall be offered at affordable ownership costs exclusively to lower-income households, provided that where this requirement for lower-income units would result in a fraction of a lower-income unit, the number of lower-income units shall be rounded up and the number of moderate-income units which need not be lower- income units shall be rounded down. For determining compliance with the affordability requirements of this section, units provided at even lower income levels than those specified shall be found to satisfy the requirement. The sale price of units shall be based on the methodology established by, and on file with, the Community Development Department consistent with the requirements of this Chapter.
E. Rental projects. The affordable units which are constructed in rental projects shall be offered for rent at affordable rents to lower-income households and very low-income households. Of these affordable units in rental projects, forty percent of the required fifteen percent, or six percent of the total units in the residential project, shall be offered at affordable rents exclusively to very low - income households, provided that where this requirement for very low-income units would result in a fraction of a very low-income unit, the number of very low-income units shall be rounded up and the number of lower-income units which need not be very low-income units shall be rounded down. For determining compliance with the affordability requirements of this section, units provided at even lower income levels than those specified shall be found to satisfy the requirement. The rental rates of units shall be based on the methodology established by, and on file with, the Community Development Department consistent with the requirements of this Chapter.
F. Priority for rental or purchase of units. Preference in the rental or purchase of affordable units shall be given, first to income eligible lower income households of protected units displaced by demolition for any required replacement units as provided for by Section 66300.6 of the California Government Code, second (for up to ten percent of all affordable units subject to this chapter) to income eligible employees of the City of Campbell, thirdsecond to income eligible existing Campbell residents, and fourththird to income eligible persons employed within the city limits of the City of Campbell.
21.24.050 Time performance.
A. Application requirements. An application for first approval of a residential project will not be deemed complete until the applicant has submitted plans and proposals which demonstrate the manner in which the applicant proposes to meet the requirements of this chapter, including any plans for the
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construction of on-site units pursuant to Section 21.24.040 (General requirements.) of this chapter or the applicant's selection of an alternative modemeans of compliance pursuant to Section 21.24.070 (Alternatives.) of this chapter.
B. Conditions. Conditions to carry out the purposes of this chapter shall be imposed on the first approval for a residential project. Additional conditions may be imposed on later city approvals or actions, including without limitation planned development permits, tentative parcel maps, tentative subdivision maps, conditional use permits, housing development permits, site and architectural review permits, or building permits. The conditions of approval included with the first approval of the residential project shall further provide that prior to the recordation of the parcel map or final map in the case of subdivisions and or prior to the issuance of building permits in the case of all other land use permits to which this chapter applies, the applicant shall enter into an inclusionary housing agreement acceptable to the community development director that contains specific requirements implementing the condition of approval including, but not limited to, as applicable, the number of affordable units, the level(s) of affordability, location and type of affordable units, timing of construction of affordable units in relation to the construction of the market rate units contained in the development, preferences given in selecting occupants, and amount of the in- lieu fee, if any.
The inclusionary housing agreement may be amended by the parties, provided the amendment is consistent with the condition of approval imposed as part of the first approval and the then- existing city approvals. If such proposed amendment is minor or technical in nature, the community development director shall have authority to approve or disapprove the amendment on behalf of the city. If such proposed amendment makes a substantive or material change to the inclusionary housing agreement, such amendment shall be effective only if, following notice and hearing and such other procedures as may be required by law, approved by the city agency that gave the first approval on the project.
C. N
o building permit shall be issued for any market rate unit until the applicant has obtained permits for affordable units sufficient to meet the requirements of Section 21.24.040 (General requirements.) of this chapter, or received approval of an alternative requirement of Section 21.24.070 (Alternatives.) of this chapter. No final inspection for occupancy for any market rate unit shall be completed until the applicant has constructed the affordable units required by Section 21.24.040 (General requirements.) of this chapter, or completed corresponding alternative performance under Section 21.24.070 (Alternatives.) of this chapter. The time requirements set forth in this subsection for issuance of building permits for market rate units and for final inspections for occupancy for market rate units may be modified to accommodate phasing schedules, model variations, or other factors in a residential project, if the city determines this will provide greater public benefit and an inclusionary housing agreement acceptable to the community development director or the Community Development Director's designee pursuant to subsection B of this section so provides.
21.24.060 Continued affordability and city review of occupancy.
A. Term of affordability—For-sale projects. A resale restriction, covenant, deed of trust and/or other documents acceptable to the community development director or the director's designee, shall be recorded against each affordable owner-occupied unit. These documents shall, in the case of affordable units which are initially sold, be for a term of forty-five years and shall be renewed at the change of each title for a period of forty-five years for a residential project submitted less than one- year from the effective date of this Chapter. For a residential project submitted one year or more after the effective date of this Chapter, the term shall be fifty-five years and shall be renewed at the change of each title for a period of fifty-five years. The resale restriction, or other documents authorized by this subsection, and any change in the form of any such documents which materially alters any policy in the documents, shall be approved by the community development director or his or her designee prior to being executed with respect to any residential project.
B. Term of affordability—Rental projects. A regulatory agreement, covenant, deed of trust, and/or other documents acceptable to the Community Development Director or the Director's designee, shall be recorded against each unit/complex for residential projects containing affordable rental units. These documents shall, in the case of affordable units which are rented, be for a term of fifty-five years and shall be renewed at the change of each title for a period of fifty-five years. The regulatory agreement
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and other documents authorized by this subsection, shall run with the property and not be affected by the sale of the property or units in the project. The regulatory agreement and other documents authorized by this subsection, and any change in the form of any such document which materially alters any policy in the document, shall be approved by the Community Development Director or his or her designee prior to being executed with respect to any residential project.
C. Eligibility requirements. No household shall be permitted to begin occupancy of an affordable unit unless the city or its designee has approved the household's eligibility. If the city or its designee maintains a list of, or otherwise identifies, eligible households, initial and subsequent occupants of affordable units shall be selected first from the list of identified households, to the maximum extent possible, in accordance with rules approved by the community development director or his or her designee.
21.24.070 Alternatives.
An applicant may elect, in lieu of building affordable units within a residential project, to satisfy the requirements of this chapter by one of the following alternative modes of compliance, provided that the applicant includes such election in its application for the first approval of the residential project and that the criteria stated in the relevant subsection below are satisfied.
A. Rental units in for-sale projects. Where owner-occupied affordable units are required by Section 21.24.040of this chapter, instead construct as part of the residential project the same or a greater number of rental units, affordable to lower-income households and very low- income households in the proportions and at the rents as prescribed in Section 21.24.040(E) of this chapter. Substitution of rental units shall be allowed under this subsection only if either: (1) the rental units are at least equal in number of bedrooms to the owner-occupancy units which would have been allowed, or (2) any comparative deficiency in bedrooms is compensated for by additional units and/or affordability to households with lower incomes.
AB. Off-site construction. Construct, or make possible construction by another developer of, units not physically contiguous to the market-rate units (or units that are physically contiguous to the market-rate units if the City determines this will provide greater public benefit and if an inclusionary housing agreement acceptable to the Community Development Director or his or her designee pursuant to Section 21.24.050(B) (Conditions.) of this chapter so provides) and equal or greater in number to the number of affordable units required under Section 21.24.040 (General requirements.) of this chapter. Off-site construction pursuant to this subsection shall be approved only if:
1. A pproval has been secured for the off -site units not later than the time the residential project is approved and completion of the off-site units is secured by a requirement that final inspections for occupancy for the related market-rate units be completed after those for the affordable units, provided that the time requirements set forth in this subsection for final inspections for occupancy for market-rate units may be modified to accommodate phasing schedules, model variations, financing requirements, or other factors in a residential project for the off-site units, if the City determines this will provide greater public benefit, and if an inclusionary housing agreement acceptable to the Community Development Director or his or her designee pursuant to Section 21.24.050(B) (Conditions.) of this chapter so provides;
2. The off-site units will be greater in number, larger or affordable to households with lower incomes than would otherwise be required in Section 21.24.040 (General requirements.) of this chapter;
3. Financing or a viable financing plan is in place for the off-site units;
4. In the event the off-site units receive any public assistance, the developer of the residential project will contribute to the off-site units economic value equivalent to the value of making on-site units in the developer's residential project affordable; and
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5. The City may require that completion of off-site units shall be further secured by the developer's agreement to pay an in-lieu fee in the amount due under subsection D of this section in the event the off-site units are not timely completed.
BC. Land dedication. Dedicate without cost to the city, a lot or lots within or contiguous to the residential project, sufficient to accommodate at least the required affordable units for the residential project. An election to dedicate land in lieu of compliance with other provisions of this chapter shall be allowed only if:
1. The value of the lot or lots to be dedicated is sufficient to make development of the otherwise required affordable units economically feasible, and financing or a viable financing plan is in place for at least the required number of affordable units; a nd
2. The lot or lots are suitable for construction of affordable housing at a feasible cost, served by utilities, streets and other infrastructure, there are no hazardous material or other material constraints on development of affordable housing on the lot or lots, and land use approvals have been obtained as necessary for the development of the affordable units on the lot or lots.
CD. In-lieu housing fee. Where a residential project has an approved density of six or fewer units per acre, tThe applicant of a residential project submitted one-year or more after the effective date of this Chapter may elect to pay an in-lieu housing fee, in accordance with Section
21.24.080 (Establishment and use of in-lieu housing fees), instead of developing the affordable units required in Section 21.24.040 (General requirements.) of this chapter, pursuant to the requirements set forth below: in this subsection.
1. Projects with 5 or 6 units: The applicant may pay an in-lieu housing fee to satisfy any fractional affordable unit obligation (i.e., 0.75 or 0.9 units) rather than constructing the next higher whole number of affordable units.
2. Projects with 7 or more units: The applicant may pay an in-lieu housing fee to satisfy any fractional affordable unit obligation less than 0.5 rather than constructing the next higher whole number of affordable units. Nothing contained in this section shall alleviate the applicant from developing the remainder of the affordable units required by Section
21.24.040 (General requirements) or allow for payment of an in-lieu housing fee in situations where the fractional obligation is 0.5 or greater.
1. The initial in-lieu fee schedule shall be set by City Council fee resolution or other action of the City Council so that the fee amounts are not greater than the difference between: (a) the amount of a conventional permanent loan that an inclusionary unit would support based on the affordable rent or sales price for the required inclusionary unit; and (b) the estimated total development cost of prototypical inclusionary units.
2. The City Council may annually review the fees authorized by this subsection D of this section by resolution, and may, based on that review, adjust the fee amount. For any annual period during which the City Council does not review the fee authorized by this subsection, fee amounts shall be adjusted once by the community development director or his or her designee based on the construction cost index.
3. In-lieu fees shall be calculated based on the fee schedule:
a. Iin effect at the time the fee is paid for a ministerial project application; b. The date an application was deemed complete for a development project application; or
c. The date the complete preliminary application was submitted for a project submitted pursuant to California Government Code Section 65941.1.
If a permit meets more than one of the above criteria, the fee shall be based on the fee schedule in effect on the date that results in the lowest fee from the list above.
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4. In-lieu fees shall be paid prior to issuance of building permits for market-rate units in a residential project. If building permits are issued for only part of a residential project, the fee amount shall be based only on the number of units then permitted. Where payment is delayed, in the event of default or for any other reason, the amount of the in-lieu fee payable under this subsection D of this section shall be based upon the fee schedule in effect at the time the fee is paid.
D. Substitution of units. The applicant may elect to provide additional affordable units, instead of developing the affordable units required in Section 21.24.040 (General requirements.) of this chapter, as set forth below:
1. Very Low-Income Units: The applicant may substitute required very low-income housing units at a ratio of one to two for low-income units or at a ratio of one to four for moderate income units.
2. Low-Income Units: The applicant may substitute required low-income housing units at a ratio of one to two for moderate income units.
21.24.080 Establishment and uUse of in-lieu housing fees.
A. Initial in-lieu housing fee. The initial in-lieu housing fee shall be set by City Council resolution based on an affordable housing analysis or nexus study which supports the initial fee rate and fee calculation method established in this Section.
B. Fee calculation method. The fee shall be calculated as follows:
Fee × Fractional Affordable Units
Total Affordable Units Required × (Livable Area) = Total Due _______________________________________________________________________________ C. Fee adjustments. The initial fee established, in accordance with Section 21.24.080.A. (Initial in- lieu housing fee.), shall be adjusted annually on July 1, based on the percentage change in the construction cost index from the previous year.
DA. All in-lieu fees collected under this chapter shall be deposited into a separate account to be designated the City of Campbell housing trust fund.
EB. T he in- lieu fees collected under this chapter and all earnings from investment of the fees shall be expended exclusively to provide or assure continued provision of affordable housing in the city through acquisition, construction, development assistance, rehabilitation, financing, rent subsidies or other methods, and for costs of administering programs which serve those ends.
The housing shall be of a type, or made affordable at a cost or rent, for which there is a need in the cCity and which is not adequately supplied in the cCity by private housing development in the absence of public assistance.
21.24.090 Waiver of requirements.
Notwithstanding any other provision of this chapter, the requirements of this chapter shall be waived, adjusted or reduced if the applicant shows that there is no reasonable relationship between the impact of a proposed residential project and the requirements of this chapter, or that applying the requirements of this chapter would take property in violation of the United States or California Constitution or otherwise result in an unconstitutional application of this chapter. To receive a waiver, adjustment or reduction under this section, the applicant must file a written request together with the development application(s) when applying for a first approval for the residential project, and/or as part of any appeal which the City provides as part of the process for the first approval. The written request shall provide substantial evidence showing that there is no reasonable relationship between the impact of a proposed residential project and the requirements of this chapter, or that applying the requirements of this chapter would take property in violation of the United States or California Constitution or otherwise result in an unconstitutional application of this Chapter. The City may assume that: (a) the applicant will provide the most economical inclusionary units feasible meeting the requirements of this Chapter; and (b) the
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applicant is likely to obtain housing subsidies when such funds are reasonably available. The waiver, adjustment, or reduction may be approved only to the extent necessary to avoid an unconstitutional result, after adoption of written findings, based on substantial evidence, supporting the determinations required by this section.
21.24.100 Enforcement.
A. The City Council may adopt guidelines, by resolution, to assist in the implementation of all aspects of this Chapter.
B. No permit, license, subdivision approval or map, or other approval or entitlement for a residential project shall be issued, including without limitation a final inspection for occupancy or certificate of occupancy, until all requirements applicable to the residential project at such time pursuant to this Chapter have been satisfied.
C. The City Attorney shall be authorized to enforce the provisions of this Chapter and all inclusionary housing agreements, regulatory agreements, resale controls, deeds of trust, or similar documents placed on affordable units, by civil action and any other proceeding or method permitted by law.
D. Failure of any official or agency to fulfill the requirements of this Chapter shall not excuse any applicant or owner from the requirements of this Chapter.
E. The remedies provided for in this Chapter shall be cumulative and not exclusive and shall not preclude the City from any other remedy or relief to which it otherwise would be entitled under law or equity.
21.24.110 Phased projects.
A. Purpose. This section serves to ensure that each development phase of a multi-phase development project contributes its fair share of affordable units and maintains consistency with the overall project’s requirements.
B. Required Affordable Units by Project Phase. Each phase of a development project must provide at least as many affordable units, by income level, as would be required if that phase, along with any previously completed project phase(s), were completed independently from the rest of the project.
C. Building Permit Final. No development phase of a project shall receive a building permit final until all affordable units required by that phase of the project are completed.
21.24.120 Severability.
If any provision or clause of this Chapter or the application thereof is held to be invalid, such invalidity shall not affect the other provisions or applications of this Chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this Chapter are declared to be severable.
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Attachment: Ordinance 2318 (Inclusionary Housing Ordinance) (Second Reading of Ordinances 2318 and 2319) ORDINANCE NO. 2319
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAMPBELL ESTABLISHING TITLE 19 (HOUSING) OF
THE CAMPBELL MUNICIPAL CODE. FILE NO. PLN-2023-85.
W
HEREAS, after notification and public hearing, as specified by law and after presentation by the Community Development Director, proponents and opponents, the hearing was closed.
W
HEREAS, the subject Ordinance will establish Title 19 (Housing) of the Campbell Municipal Code.
WHEREAS, Title 19 (Housing) serves to establish guidelines, regulations, and policies related to the provision of housing, including affordable housing, and housing services in the City of Campbell.
WHEREAS, Title 19 (Housing) of the Campbell Municipal Code includes additional findings in support of its adoption which are included herein by reference.
W
HEREAS, the establishment of commercial linkage fees, methodology for collection, and use as specified in Title 19 (Housing) is supported by the Affordable Housing Nexus Study prepared by BAE Urban Economics and dated July 15, 2024 (hereinafter “Affordable Housing Nexus Study”).
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HEREAS, the City Council adopted the Affordable Housing Nexus Study as a separate, and prior action, at its meeting of August 20, 2024.
W
HEREAS, the proposed amendments would be consistent with the 2040 General Plan and 2023-2031 Housing Element of the City of Campbell including, but not limited to, the following:
2040 General Plan
G
oal LU-3: Employ creative approaches to providing a range of affordable housing options in Campbell while protecting the character of established neighborhoods.
LU-3
.a: Implement the programs in the Housing Element in order to achieve the city’s housing goals.
2023-2031 Housing Element
P
rogram H-1b: Commercial Linkage Fee: Establish an affordable housing impact fee that will apply to nonresidential development to provide an additional local source of revenue to support production of affordable housing.
P
olicy H-5.5: Rights of Tenants and Landlords: Assist in educating tenants and landlords, and settling disputes between the two parties.
P
rogram H -5a: Education on Fair Housing Laws: Ensure landlords and renters understand their rights and responsibilities under fair housing law.
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PLN-2023-85 – Establishing Title 19 (Housing) Page 2 of 3
WHEREAS, the legislature of the State of California has, in Government Code Sections 65302, 65560 and 65800, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry.
WHEREAS, the review and adoption of the proposed amendments is done in compliance with California Government Code Sections 65853 through 65857, which require a duly noticed public hearing of the Planning Commission whereby the Planning Commission has provided its written recommendation to the City Council for its consideration.
WHEREAS, adoption of the proposed Ordinance is considered a "project" under Section 15378(a)(1) of the California Environmental Quality Act (CEQA).
WHEREAS, the proposed Ordinance may be found exempt from environmental review under Section 15061(b)(3) of the California Environmental Quality Act (CEQA) in that there is no possibility that the proposed changes to the City’s Municipal Code may have a significant effect on the environment.
WHEREAS, the legislature of the State of California has, in Article XI, Section 7 of the California Constitution, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.
WHEREAS, the proposed amendments will not be detrimental to the public interest, health, safety, convenience, or general welfare of the city.
WHEREAS, Title 19 (Housing) is internally consistent with other applicable provisions of the Campbell Municipal Code.
WHEREAS, in consideration of the adoption of the subject Ordinance, the City Council provided due consideration of all evidence presented and provided in the entire administrative record.
THEREFORE, the City Council of the City of Campbell does ordain as follows:
Section 1. Title 19 (Housing) of the Campbell Municipal Code is hereby established as set forth in Exhibit A-2.
Section 2. If any section, sentence, clause, phrase, word, or other provision of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such holding shall not affect the validity of the remaining sections, sentences, clauses, phrases, words or other provisions of this Ordinance, or the validity of this Ordinance, shall stand notwithstanding the invalidity of any section, sentence, clause, phrase, word or other provision.
Section 3. The proposed Ordinance is exempt under Section 15061(b)(3) of the California Environmental Quality Act (CEQA) as there is no possibility that the proposed changes to the City’s Municipal Code may have a significant effect on the environment.
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Section 4. The City Council further finds and determines that the proposed Ordinance is consistent with the goals, policies, and actions of the 2040 General Plan and the 2023-2031 Housing Element.
Section 5. That this Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, or summary thereof, one time within fifteen (15) days upon passage and adoption in the Metro Silicon Valley, a newspaper of general circulation for the City of Campbell, County of Santa Clara.
PASSED AND ADOPTED this _______ day of ________________, 2024 , by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
APPROVED:
Susan M. Landry, Mayor
ATTEST:
Andrea Sanders, City Clerk
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Attachment: Ordinance 2319 (Housing) (Second Reading of Ordinances 2318 and 2319) Exhibit A-2
Title 19
HOUSING
Chapter 19.01 GENERAL PROVISIONS
19.01.010. Title.
Title 19 of the Campbell Municipal Code shall be known and cited as the “Housing Code."
19.01.020. Purpose
The City of Campbell desires to preserve, protect, and provide housing, including affordable housing, and housing related services to its residents. The purpose of this title is to set forth guidelines, regulations, and policies related to the provision of housing, including affordable housing, and housing services in the City of Campbell.
19.01.030. Severability of provisions.
If any provision or clause of the Housing Code or the application thereof is held to be invalid, such invalidity shall not affect the other provisions or applications of the Housing Code which can be given effect without the invalid provision or application, and to this end, the provisions of the Housing Code are declared to be severable.
19.01.040. Responsibility for administration.
The Housing Code shall be administered by the Community Development Director or its designee.
19.01.050. Interpretation of provisions.
This section provides rules for resolving questions about the meaning or applicability of the Housing Code. The provisions of this section are intended to ensure consistent interpretation and application of the requirements of the Housing Code with other sections of the Campbell Municipal Code and General Plan, and to the extent necessary, to provide authority to temporarily suspend the enforcement of, or harmonize the application of, the Housing Code with federal and state law, or relevant court decisions.
A. Authority. The Community Development Director shall have the responsibility and authority to interpret the meaning and applicability of all provisions and requirements of the Housing Code.
B. Rules of Interpretation.
1. Minimum requirements. The provisions of the Campbell Housing Code shall be strictly interpreted and applied as minimum requirements (unless stated as maximums) for the promotion of public health, safety, convenience, and general welfare.
2. Terminology. When used in this Housing Code, the words "shall," "will," "is to," and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended; and "may" is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise.
The words "include," "includes," and "including" mean "including but not limited to..." and the word "used" includes the words "arranged for, designed for, occupied, or intended to be occupied for."
C. Request for Interpretation. The request for an interpretation or determination shall be made to the Community Development Department, shall include all information required by the Community Development Department, and the fee established by the City's fee resolution.
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D. Existing Agreements. It is not intended that the requirements of this Housing Code shall interfere with, repeal, abrogate, or annul any easement, covenant, or other agreement that existed when this Housing Code became effective.
19.01.060. Appeals.
A. Appeal of a decision or interpretation. Any interested party may file an appeal to the City Council regarding a discretionary decision or interpretation made by the Community Development Director, or its designee, in compliance with this Housing Code. Ministerial actions made pursuant to this Housing Code are final and not subject to appeal.
B. Timing and form of appeal.
1. Appeals shall be submitted in writing and filed with the Community Development Department or City Clerk within ten days after the date the Community Development Director or the Planning Commission renders the decision, respectively.
2. The number of days shall be construed as calendar days. 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.
3. Appeals shall be accompanied by the filing fee set by the city's schedule of fees and charges, no part of which is refundable.
C. Effect of filing. The filing of an appeal in compliance with this chapter shall have the effect of suspending the effective date of the decision being appealed, and no further actions or proceedings shall occur in reliance on the decision being appealed except as allowed by the outcome of the appeal.
D. Required statement and evidence.
1. Applications for appeals shall include a statement specifying the basis for the appeal and the specific aspect of the decision being appealed.
2. Appeals shall be based upon an error in fact, dispute of findings, or inadequacy of conditions to mitigate potential project impacts.
3. Appeals shall be accompanied by supporting evidence substantiating the basis for the appeal.
E. Notice to applicant. If the appellant is not the applicant, a copy of the appeal shall be sent to the applicant by the City, by first class United States mail or comparable delivery service, postage prepaid, to the address listed on the application within seven days of its filing.
F. Report and scheduling of hearing.
1. When an appeal has been filed, the Community Development Director shall prepare a report on the matter, and schedule the matter for consideration by the City Council , with notice provided in compliance with subsection E of this section.
2. All appeals shall be considered in public hearings.
3. The city may consolidate hearings on all timely filed appeal applications for the same project.
G. Withdrawal of appeal. Once filed, an appeal may only be withdrawn by a written request submitted to the City Clerk with the signatures of all persons who originally filed the appeal.
H. Decision shall be final after ten days. Any determination or decision not appealed within the ten- day period shall be final.
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I. Action. At the hearing, the City Council may consider any issue involving or related to the matter that is the subject of the appeal, in addition to the specific grounds for the appeal, and shall conclude the proceedings with one of the following actions.
1. Affirmation or reversal. The City Council may, by resolution, affirm, affirm in part, or reverse the action that is the subject of the appeal.
2. Deny the appeal. The City Council may deny the appeal.
J. Deadlock Vote. If an appeal from an action of the Community Development Director results in a deadlock vote by the City Council, the action of the Community Development Director shall become final.
K. Effective Date of Decision. An action of the Community Development Director appealed to the City Council shall not become effective until an action by the Council as set forth in Section
19.01.060.I (Action) has been taken or a deadlock vote as set forth in Section 19.01.060.J. (Deadlock Vote) has occurred.
L. Exhaustion of Appeals. No action challenging a decision made pursuant to this title may be commenced unless all the appeals afforded under this title have been exhausted, except that no one shall be required to exhaust the appeal rights afforded under this title prior to commencing an action to challenge any decision that violates free speech rights protected by the First Amendment of the United States Constitution or Article 1, Section 2 of the California Constitution.
M. Council Initiated Review: Notwithstanding any other provision of this section, the City Council may review any decision or interpretation of the Community Development Director, or its designee, as follows:
1. The City Council may initiate the review by vote of a majority of its members at any time prior to the expiration of the appeals period set forth in subsection B of this section;
2. The review shall be treated the same as an appeal, except that no application need be filed with the City Clerk.
Chapter 19.02 HOUSING PROGRAM
19.02.010. Housing agreements and loans.
The City Manager, or its designee, is authorized to enter into housing agreements and loans as well as subordinate any covenant, condition, or restriction regarding a housing requirement for the City’s benefit or in furtherance of the requirements and purpose of the Housing Code.
Chapter 19.03 BELOW-MARKET RATE UNIT RENT CONTROL
19.03.010. Applicability.
This Chapter shall apply to housing restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing.
19.03.020. Rent increases.
An owner of residential real property shall not, over the course of any 12-month period, increase the gross rental rate for a below-market rate dwelling or a below-market rate unit more than 5 percent plus the percentage change in the cost of living, or 10 percent, whichever is lower, of the lowest gross rental rate charged for that dwelling or unit at any time during the 12 months prior to the effective date of the increase. In determining the lowest gross rental amount, any rent discounts, incentives, concessions, or credits offered by the owner of such unit of residential real property and accepted by the tenant shall be
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Attachment: Ordinance 2319 (Housing) (Second Reading of Ordinances 2318 and 2319) Exhibit A-2
excluded. The gross per-month rental rate and any owner-offered discounts, incentives, concessions, or credits shall be separately listed and identified in the lease or rental agreement or any amendments to an existing lease or rental agreement.
19.03.030. Frequency of rent increases.
If the same tenant remains in occupancy of a unit of residential real property over any 12- month period, the gross rental rate for the unit of residential real property shall not be increased in more than two increments over that 12-month period.
19.03.040. New tenancy.
For a new tenancy in which no tenant from the prior tenancy remains in lawful possession of the residential real property, the owner may establish the initial rental rate without regard to this Chapter
19.03 (Below-Market Rate Rent Control).
19.03.050. New agreements.
Provisions of this section shall be incorporated into any deed, agreement with a government agency, or other recorded document serving to restrict housing as affordable housing after the effective date of the Ordinance establishing this Chapter.
Chapter 19.04 COMMERCIAL LINKAGE FEE
19.04.010. Purpose and findings.
A. The purpose of this Chapter is to facilitate the development and availability of housing affordable to a broad range of households with varying income levels within the City of Campbell by adopting a Commercial Linkage Fee that will supplement other public funding sources for affordable housing.
B. The City's Housing Element recognizes that Affordable Housing is a critical component to the City's economic and social health. Establishing a Commercial Linkage Fee to assist in financing Affordable Housing production is consistent with and will implement the City’s Housing goals, policies, and programs for Affordable Housing which include, but are not limited to, the following:
1. Goal 1: Improve Housing Affordability in Campbell – Encourage the Production of Affordable Housing;
2. Program H-1b (Commercial Linkage Fee); and
3. Program H-1a (Inclusionary Housing Ordinance Implementation).
C. Providing Affordable Housing for new employees in lower- and moderate- income jobs locally (rather than leaving those employees to obtain housing in lower cost areas far from Campbell employment centers and transit corridors) helps minimize housing's contribution to greenhouse gas emissions and locating housing to reduce vehicle miles traveled and auto dependency. If the increased demand for Affordable Housing is not addressed within Campbell it will cause such housing to be built elsewhere, in areas with lower land values that are far from city employment centers and transit corridors, and the resulting commuting will cause increased traffic and transit demands and consequent noise and air pollution.
D. If the increased demand for Affordable Housing is not addressed within Campbell it may also impact economic growth in that businesses within the city may find it more difficult to attract and retain the variety of workers that they need.
E. Development of Affordable Housing using Commercial Linkage Fee funds to increase the supply of Affordable Housing also implements policies of the State of California to: (1) provide sufficient
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Attachment: Ordinance 2319 (Housing) (Second Reading of Ordinances 2318 and 2319) Exhibit A-2
capacity for new housing affordable at all income levels necessary to accommodate the State's future economic growth; and (2) by providing housing for lower- and moderate- income retail and service workers, long commutes from less expensive housing markets can be avoided and thus contribute to the implementing the Global Warming Solutions Act of 2006 and the Sustainable Communities and Climate Protection Act of 2008.
F. State housing policy requires the City to assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderate- income households. There is a significant shortage of housing affordable to low- and moderate- income households, which will only increase as the finite number of residentially zoned parcels within the c ity are purchased and developed for market rate residential developments. This loss of residential land available for Affordable Housing is another impact of market rate residential development.
G. The requirements of this Chapter are based on a number of factors including, but not limited to, the City's long-standing commitment to economic diversity; the serious need for Affordable Housing as reflected in local and State housing laws, regulations, and policies; the demand for Affordable Housing created by Non-Residential Development; and the impact that the lack of Affordable Housing production has on the health, safety, and welfare of the City's residents including its impacts on traffic, transit and related air quality impacts, and the demands placed on the regional transportation infrastructure. Imposing a fee that is reasonably related to the burdens created by new Non-Residential Development on the City's need for Affordable Housing will enable the City to fund development of Affordable Housing units that will contribute to addressing these impacts and fulfilling these goals.
H. The City has prepared a Nexus Study which shows, and the City Council finds, that there is a reasonable relationship between the purpose for which the fees established by this Chapter are to be used and the type of development projects on which the fees are imposed, between the need for affordable housing and Non-Residential Development and between the amount of the fees and the cost of the Affordable Housing units or portion of the units attributable to the development on which the fees are imposed. The Nexus Study complies with the requirements of California Government Code section 66001(A)(4) by establishing the reasonable relationship between the need for affordable housing and Non-Residential Development.
I. It is the intent of the City Council that the fee required by this Chapter shall be supplementary to any conditions imposed upon a development project pursuant to other provisions of the Municipal Code, the City Charter, the Subdivision Map Act, the California Environmental Quality Act, and other state and local laws, which may authorize the imposition of project specific conditions on development.
19.04.020. Commercial linkage fee requirement.
A. Fee established. The Commercial Linkage Fee shall be specified by resolution of the City Council and shall be exempted, reduced, or adjusted in accordance with the provisions of this Chapter .
B. Fee adjustments. To account for inflation in Affordable Housing development costs, the Commercial Linkage Fee specified in Section 19.04.020.A. (Fee established.) shall be increased by the DGS California Construction Cost Index (CCCI) as published by the California Department of General Services Real Estate Service Division, or its successor, on July 1 of every year, to account for the annual percentage increase in the preceding year.
C. Imposition of fee. Compliance with this Chapter is a requirement for Non-Residential Projects, whether or not a condition of approval is expressly included in the land use permit where a land use permit was required.
D. Payment. Unless otherwise specified by the City Council in its resolution adopting the schedule of fees, the Commercial Linkage Fee shall be paid prior to the issuance of a building permit for new Non-Residential Projects in the city. The Applicant shall pay the amount due based on the fees in the fee schedule:
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Attachment: Ordinance 2319 (Housing) (Second Reading of Ordinances 2318 and 2319) Exhibit A-2
a. In effect on the date the fee is paid for a ministerial permit application; b. The date an application was deemed complete for a development project application; or c. The date the complete preliminary application was submitted for a project submitted pursuant to California Government Code Section 65941.1, as automatically adjusted in accordance with Subsection 19.04.020.B. (Fee adjustments).
If a permit meets more than one of the above criteria, the fee shall be based on the fee schedule in effect on the date that results in the lowest fee from the list above.
E. Failure to Pay. Failure to pay the Commercial Linkage Fee within the time specified in this Chapter shall result in the imposition of additional charges as set forth by resolution of the City Council.
19.04.030. Applicability of fee.
The regulations, requirements, and provisions of this Chapter and Council resolutions adopted pursuant to this Chapter shall apply to any Non-Residential Project submitted one year following the effective date of this Chapter.
19.04.040. Fee calculation.
The Commercial Linkage Fee charged pursuant to Section 19.04.020.A (Fee established) shall be calculated for all Non-Residential Projects by multiplying the Commercial Linkage Fee by the useable commercial area.
19.04.050. Fee reductions and exemptions.
The Applicant may request, and upon such request receive, a reduction or exemption from the Commercial Linkage Fee established by Section 19.04.020.A (Fee established.) as follows:
A. Fee reductions. The following fee reductions may be combined to reduce the Commercial Linkage Fee obligation for a project:
1. Small projects. The fee shall be reduced by 50% for projects that result in 5,000 sq. ft. or less of net new non-residential floor area after accounting for any useable commercial area to be removed in accordance with Section 19.04.50.A.3 (Existing building areas.) or recently demolished useable commercial area in accordance with Section 19.04.050.A.4 (Recently demolished building areas.).
2. Large projects. The fee shall be reduced by 50% for any non-residential floor area over 100,000 square feet in a project.
3. Existing building areas. Legally existing useable commercial areas that are proposed for removal as part of a Non-Residential Project shall be deducted from the total commercial and covered commercial areas specified in Section 19.04.040 (Fee calculation.).
4. Recently demolished building areas. Recently demolished legal useable commercial areas shall be deducted from the total commercial and covered commercial areas specified in Section 19.04.040 (Fee calculation.) provided that less than three years elapses between the date of demolition permit final and the date of fee payment.
B. Fee exemptions. The following fee exemptions may be
1. Commercial Component of Mixed-Use Projects. Fifteen percent (15%) of the useable commercial area, cumulatively, in a mixed-use building with residential units on upper floors shall be exempt from the Commercial Linkage Fee. The area exempted by this section shall not, however, be excluded from other calculations used to determine eligibility for fee reductions specified in this Chapter.
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Attachment: Ordinance 2319 (Housing) (Second Reading of Ordinances 2318 and 2319) Exhibit A-2
19.04.060. Fee refunds.
A. Request for refund. If a Commercial Linkage Fee is collected on a Non-Residential Project and the permit for that Project later expires, is vacated, or voided before commencement of construction, the Applicant shall, upon request, be entitled to a refund of the unexpended housing commercial linkage fee paid, less a portion of the fee sufficient to cover costs of collection, accounting for and administration of the fee paid. Any request for a refund shall be submitted in writing to the Community Development Director within one (1) year of the date that the permit expires or is vacated or voided. Failure to timely submit a request for a refund shall constitute a waiver of any right to a refund.
B. Unexpended fees. Fees collected pursuant to this Chapter which remain unexpended or uncommitted for five (5) or more fiscal years after deposit into the Commercial Linkage Fee Fund shall be accounted for or may be refunded as provided by State law.
19.04.070. Fee revision by resolution.
The amount of the Commercial Linkage Fee and the formula for the automatic annual adjustment established by this Chapter may be reviewed and revised periodically by resolution of the City Council.
This Chapter shall be considered enabling and directive in this regard.
19.04.080. Fee revenue fund.
A. There is hereby created and established the Commercial Linkage Fee Fund.
B. The fees paid to the City pursuant to the provisions of this Chapter shall be deposited into the Commercial Linkage Fee Fund and used solely for the purpose described in this Chapter.
C. All interest which accrues from monies in the Commercial Linkage Fee Fund shall be credited to this fund.
D. Any repayments of loans made from the Commercial Linkage Fee Fund shall be deposited into the Commercial Linkage Fee Fund.
E. The Commercial Linkage Fee Fund, shall be subject to all of the applicable provisions of California Government Code section 66000 et seq.
19.04.090. Expenditure of commercial linkage fee fund.
All monies in the Commercial Linkage Fee Reserve Fund shall be expended solely on the production or refurbishment of Affordable Housing to help fulfill the need identified in the Nexus Study to increase the supply of housing affordable to households of extremely low, very low, low, or moderate income, or such other report as may be prepared from time to time to document the reasonable fair share of the costs to mitigate the increased need for Affordable Housing that is created by new Non- Residential development. Such expenditures may include, but are not necessarily limited to the following:
A. Reimbursement of or payment for, for all direct and indirect costs incurred by the City to fund the production of Affordable Housing pursuant to this Chapter, including but not limited to, the cost of land and right-of-way acquisition, planning, legal advice, engineering, design, construction, construction management, materials and equipment, or issuing loans to nonprofit Affordable Housing developers to acquire land and/or to rehabilitate existing buildings or build new developments to increase the supply of Affordable Housing units.
B. Costs of issuance or debt service associated with bonds, notes or other security instruments issued to fund Affordable Housing.
C. Reimbursement for the reasonable and necessary administrative costs incurred by the City in establishing or maintaining the Commercial Linkage Fee Fund, including but not limited to the cost of studies to establish the requisite nexus between the fee amount and the use of fee proceeds and yearly accounting and reports.
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Attachment: Ordinance 2319 (Housing) (Second Reading of Ordinances 2318 and 2319) Exhibit A-2
D. No portion of the Commercial Linkage Fee Fund may be diverted to other purposes by way of loan or otherwise.
19.04.100. Definitions.
The meaning of terms used in this Chapter shall be as defined by Section 19.04.100 (Definitions) and Chapter 19.07 (Definitions). Where a conflict may exist between these sections, the definitions provided in Section 19.04.100 (Definitions) shall prevail. "Applicant" means any person or entity who is an applicant, developer, owner, or appellant with a property interest in a Non-Residential Project subject to the terms of this Chapter, and the authorized representative of any such person or entity.
"Building Permit" includes full structural building permits as well as partial permits such as foundation-only permits.
"Commercial Linkage Fee" means the fee adopted by the City Council pursuant to this Chapter to be paid to the City.
“Construction Cost Index” means the California Construction Cost Index (CCCI) published by the California Department of General Services, Real Estate Service Division. If that index ceases to exist, the community development director shall substitute another construction cost index whic h in his or her judgment is as nearly equivalent to the original index as possible. "Useable Commercial Area" means the total horizontal floor area in square feet of all stories of all non-residential building areas measured to the inside surface of exterior walls as well as any covered non-residential area outside of the building envelope that is covered or partially covered by structures, beams, slats, or projections when viewed from above. This area specifically includes hallways, lobbies, elevators, stairwells, and mechanical rooms. This definition specifically excludes parking areas ( including covered parking areas), areas shared with residential use in a mixed-use development, as well as areas covered by cornices, eaves, sills, and canopies cumulatively measuring less than 30-inches in depth as measured to the outside surface of exterior walls, as well as ground level paving, pools, spas and decks, landscape features, and light wells.
"Nexus Study" means the fee study entitled: “Affordable Housing Nexus Study” prepared by BAE Urban Economics, dated July 15, 2024, accepted by the City Council on August 20, 2024, and on file with the City Clerk.
"Non-Residential Project" means any development having a non-residential use component and gross new or additional floor area or that applies for a permit to change an existing residential use to a different non-residential use category that increases the demand for Affordable Housing. “Uninhabitable” means areas that are not considered habitable as defined by the California Building Code.
Chapter 19.06 TENANT PROTECTIONS
19.06.010. Purpose.
This chapter serves to implement state mandated residential tenant protections, tenant notification requirements, and tenant relocation benefits for occupants of protected units in the City of Campbell. This chapter does not apply to occupants of units rented for less than thirty days or serve to confer additional legal protections upon unlawful occupants of residential units.
19.06.020. Tenant notification.
The project proponent must provide written notice to residential tenant(s) to be displaced by a planned demolition at least six months in advance of the date that existing tenants must vacate. The
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Attachment: Ordinance 2319 (Housing) (Second Reading of Ordinances 2318 and 2319) Exhibit A-2
notice must provide the date the tenant must vacate and their rights under Section 66300.6 of the Government Code. Compliance with the requirements of this Section shall be demonstrated by the project proponent by sending a copy of the form on file with the Community Development Department to each residential tenant to be displaced by certified mail as well as by providing a list of addresses provided, or to be provided, the written notice required by this Section as part of the application for a development project permit or demolition permit.
19.06.030. Tenant protections.
Any existing occupants must be allowed to occupy their units until six months before the start of construction activities. Further, existing occupants who are required to leave their units shall be allowed to return at their prior rental rate if the demolition does not proceed and the property is returned to the rental market.
19.06.040. Tenants right of first refusal.
A right of first refusal for a comparable unit available in the new housing development , or in any required replacement units for lower income households, shall be provided to protected units displaced by demolition.
19.06.050. Tenant relocation benefits.
Relocation benefits, equivalent to those required by public entities pursuant to Chapter 16 of Division 7 of Title 1 of the California Government Code must be provided to existing occupants of protected units who are lower income households. This section shall not apply to development projects that consist of a single residential unit replacing a single protected unit.
19.06.060. Definitions.
The meaning of terms used in this Chapter shall be as defined by Section 19.06.060 (Definitions) and Chapter 19.07 (Definitions). Where a conflict may exist between these sections, the definitions provided in Section 19.06.060 (Definitions) shall prevail.
“Comparable unit” shall have the same meaning as in Section 66300.6 of the Government Code. “Protected units” shall have the same meaning as in Section 66300.6 of the Government Code.
Chapter 19.07 DEFINITIONS
19.07.010. Purpose.
This chapter provides definitions of terms and phrases used in the Campbell Housing Code that are technical or specialized, or that may not reflect common usage. If any of the definitions in this chapter conflict with definitions in other provisions of the Municipal Code, these definitions shall control. Unless otherwise expressly defined in this title, words and phrases used herein shall have the same meaning as those found in Title 21 (Zoning) of the City of Campbell Municipal Code.
19.07.020. Definitions.
The following definitions are in alphabetical order.
"Affordable housing" means housing that includes housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or subject to an agreement that provides housing subsidies for affordable housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code or comparable federal statutes. For the purposes of this definition, housing that is provided at even lower levels of affordability, or at affordability levels that fall between the specified income levels specified, that otherwise satisfy the requirements of the definition, shall also be included.
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Attachment: Ordinance 2319 (Housing) (Second Reading of Ordinances 2318 and 2319) Exhibit A-2
"Below-market rate dwelling" or “Below-market rate unit” means a residential housing unit that is restricted by deed, regulatory restriction contained in an agreement with a government agency, or other recorded document as affordable housing in the City of Campbell. "Government code " means the California Government Code. "Housing guidelines" means guidelines, manuals, or procedures, that may be developed by the Community Development Director, or designee, from time to time. “Percentage change in the cost of living” means the percentage change from April 1 of the prior year to April 1 of the current year in the regional Consumer Price Index for the San Francisco Area (San Francisco-Oakland-Hayward) as published by the United States Bureau of Labor Statistics. If the regional index is discontinued or otherwise not available, the California Consumer Price Index for All Urban Consumers for all items, as determined by the Department of Industrial Relations, shall apply.
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Attachment: Ordinance 2319 (Housing) (Second Reading of Ordinances 2318 and 2319)
City
Council
Report
TITLE: Biennial Review of the City of Campbell Conflict of Interest Code (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a Resolution approving the Conflict of Interest Code Appendix A and B.
BACKGROUND
The Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially to determine if it is accurate and up -to date or, alternatively that the code must be amended. Once the determination has been made, the City Clerk must notify the code reviewing body, the City Council . Following that review, any amendments necessary must be approved within 90 days.
Ordinance 2237 adopted October 16, 2018 approved amendments to Appendix A and Appendix B of the Conflict of Interest Code to be adopted by Resolution of the City Council.
In the 2022 review of the Conflict of Interest Code, Council approved the following positions be added to the list of Designated Employees: Assistant City Manager, Administrative Analyst I, Senior Project Manager and Environmental Program Specialist.
DISCUSSION
After reviewing the current code, the City Attorney and City Clerk’s office have determined that the only amendment necessary at this time is an update of Appendix A, Designated Employees. A Designated Employee is anyone within the agency whose position entails the making or participation in the making of decisions which may foreseeably have a material effect on any financial interest.
To accommodate added position s within the City of Campbell, staff is recommending the following positions be added to the list of Designated Employees: Assistant Finance Director, Housing Manager, Unhoused Specialist and Economic Development Manager.
Item: 10
Category: CONSENT CALENDAR
Meeting Date: September 3, 2024
10 Packet Pg. 80
Conflict of Interest - 2024 Biennial Review Page 2 of 2 A review of the Police Support Service s Manager job description concluded that this position should be added to the list of designated filing positions.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Prepared by:
Andrea Sanders, City Clerk
Attachment:
a. RESOLUTION
b. APPENDIX A
c. APPENDIX B
10 Packet Pg. 81
Approved by:
Angelique Gaeta, Assistant City
Manager
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL
ADOPTING THE CONFLICT OF INTEREST CODE APPENDIX A AND B TO
REFLECT THE CITY OF CAMPBELL DESIGNATED POSITIONS AND DISCLOSURE
CATEGORIES
WHEREAS, pursuant to Government Cod e 87300 the City of C ampbell is required to adopt a Conflict of Interest Code; and
WHEREAS, the Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially or as deemed appropriate; and
WHEREAS, the Fair Political Practices Commission has adopted regulation 2 California Code of Regulations 18370 which contains the terms of a standard model conflict of interest which can be incorporated by reference and which may be amended by the Fair Political Practices Commission after public no tice and hearings to conform to amendments to the Political Reform Act; and
WHEREAS, a review has been conducted and a det ermination has been made that the City of Campbell ’s Conflict of Interest Code should be maintained as outlined in Appendix A (Statement of Economic Interest for Designated Employee) and B (Disclosure Categories); and
WHEREAS, the following positions should be incorporated into Appendix A (Statement of Economic Interest for Designated Employee) Assistant Finance Director, Housing Manager, and Economic Development Manager.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Campbell adopt the attached Appendix A (Statement of Economic Interest for Designated Employee) and Appendix B (Disclosure Categories).
PASSED AND ADOPTED this ___day of _____, 2024, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
__________________________
Susan M. Landry, Mayor
ATTEST:
___________________________
Andrea Sanders, City Clerk
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Attachment: RESOLUTION (Conflict of Interest - 2024 Biennial Review)
APPENDIX A
STATEMENT OF ECONOMIC INTERESTS FOR DESIGNATED EMPLOYEES
DISCLOSURE CATEGORIES
POSITION 1 2 3 4
Administrative Services Director X X X X
Assistant City Manager X X X X
Deputy City Manager X X X X
Administrative Analyst 1 X X X X
Administrative Analyst II X X X
Recreation & Community Services Director X X X
Recreation Services Manager X X X
Building Maintenance Supervisor X X X
City Clerk X
Police Chief X X X
Police Captain X X
Police Sergeant (if they are processing permits) X
Police Support Services Manager X
Building Official X X X
Sr. Building Inspector X X X
Building Inspector X X X
Finance Director X X X X
Assistant Finance Director X X X X
Finance Manager X
Public Works Director X X X X
City Engineer X X X X
Public Works Superintendent X X
Associate Civil Engineer X
Senior Civil Engineer X
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Attachment: APPENDIX A (Conflict of Interest - 2024 Biennial Review) Assistant Engineer X
Environmental Program Manager X X X
Environmental Program Specialist X X X
Public Works Inspector X X X
Park Maintenance Supervisor X
Traffic Engineer X
Lighting & Traffic Signal Supervisor X
Equipment Maintenance Supervisor X
Community Development Director X X X
Senior Planner X X X
Associate Planner X X X
Assistant Planner X X X
Economic Development Manager X X X
Economic Development Specialist X X X
Housing Manager X X
Unhoused Specialist X X
Senior Project Manager X X X X
Project Manager X X X
Building Board of Appeals X X
Historic Preservation Board X X X
Site and Architectural Review Committee X X X
Consultants Who Participate in Making Decisions X X X X Code Enforcement Officer X X X
Civic Improvement Commission X X X
Information Technology Manager X X
Information Technology Administrator X X
Information Technology Technician X X
Rental Dispute Fact Finding Committee X X X
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Attachment: APPENDIX A (Conflict of Interest - 2024 Biennial Review) Appendix B
DISCLOSURE CATEGORIES
1. Persons in this category shall disclose all interests in real property located within the City of Campbell, or within two miles of the city boundary (however, this provision shall not require anyone to list the address of their personal residence).
2. Persons in this category shall disclose all sources of income and investments in business entities located within the City of Campbell.
3. Persons in this category shall disclose all investments in business entities or income from sources in the construction or building industry doing business within the City of Campbell.
4. Persons in this category shall disclose all investments in business entities or income from sources which manufacture or sell supplies of the type utilized by the department for which the designated employee is employed.
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Attachment: APPENDIX B (Conflict of Interest - 2024 Biennial Review)
City
Council
Report
TITLE: Fiscal Year 2025 Budget Adjustments for Use of ARPA Funds (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council adopt a Resolution authorizing the Fiscal Year (FY) 2025 use of ARPA Funds.
BACKGROUND
As has been detailed in previous reports to Council, the City was allocated $9.997 million in ARPA funds; with equal payments of $4.999 million each received in FY 2021 and FY 2022. And per ARPA guidelines, the City must obligate (appropriate and/or encumber through executed contractual agreements to vendors or subawards to subrecipients) these funds by December 31, 2024 and spend them down fully by December 31, 2026 . Actual expenses incurred though December 31, 2024 are also considered to have been obligated by this deadline. Any unobligated or unspent funds after these deadlines are subject to be returned to the federal government. $8.177 million has been spent or contractually obligated through June 30, 2024; leaving a remaining ARPA fund balance of $1.82 million.
DISCUSSION
On July 2, 2024 , the City Council met to discuss how to allocate the City’s remaining $1.82 million in ARPA funds by the required deadlines. Based on those discussions, Council directed staff to allocate the funds as follows in FY 2025. These adjustments are also reflected in the attached Budget Adjustment Form (Attachment B):
• Campbell PDA Enhancements - Civic Center Dr at 2nd and 3rd Street ( Project 25DD) - $625,000
• City Facilities Roof Replacement (Project 24TT) - $375,000
• Council Chambers A/C (Project 25NN) - $100,000 (Note: Estimate reviewed with Public Works staff after the July 2 meeting . Includes AC controllers $50,000, window coverings $25,000, and contingency for unforeseen issues $25,000)
Item: 11
Category: CONSENT CALENDAR
Meeting Date: September 3, 2024
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FY 2025 ARPA Budget Adjustments Page 2 of 3
• Expansion of Parklet Grant Program - $95,000 (Note: Allows two (2) more eligible businesses to apply at cost of $ 80,000 and $1 5,000 for necessary architectural design work.)
• Hotel Voucher Program for Unhoused – $225,000
• Hotel Stays for Unhoused during Inclement Weather – $35,000 • Providing Support to Downtown Campbell Business Association (DCBA) for Events that Benefit the Community – $15,000
• West Valley Homeless Shelter Feasibility Study – $100,000 • Support of Silicon Valley Safe Park Program - $15,000 TOTAL: $1,585,000
If approved by the attached Resolution (Attachment A), $235,943 in ARPA funds would still remain and need to be contractually obligated by December 31, 2024 and spen t down fully by December 31, 2026 . Staff will return to Council in October to provide an update on ARPA spend down and receive guidance on how to allocate any remaining funds by the required deadlines.
FISCAL IMPACT
Approval of this item would allocate $1.585 million in remaining City ARPA funds; leaving a balance of $235,943.
Prepared by:
Will Fuentes, Finance Director
Approved by:
Angelique Gaeta, Assistant City
Manager
11 Packet Pg. 87
FY 2025 ARPA Budget Adjustments Page 3 of 3
Attachment:
a. Resolution
b. Budget Adjustment Form
11 Packet Pg. 88
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AUTHORIZING USAGE OF THE CITY’S REMAINING ARPA FUNDS IN FISCAL (FY) YEAR 2025
WHEREAS, the City was allocated $9.997 million in ARPA funds; with equal payments of $4.999 million each received in FY 2021 and FY 2022; and
WHEREAS, per ARPA guidelines, the City must obligate (appropriate and/or encumber through executed contractual agreements to vendors or subawards to subrecipients) these funds by December 31, 2024 and spend them down fully by December 31, 2026; and
WHEREAS, $8.177 million of the City’s ARPA funds have been spent or contractually obligated through June 30, 2024 and $1.82 remain million; and
WHEREAS, on July 2, 2024, the City Council provided staff direction on how to allocate the City’s remaining ARPA funds by the required deadlines; and
WHEREAS, at the July 2, 2024 Council meeting, $1. 585 million in ARPA funds were directed by Council to be allocated towards various purposes detailed in the staff report accompanying this resolution and $235,943 remain; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell hereby authorizes Budget Adjustments for the use of ARPA funds in FY 2025 shown in Attachment B of the accompanying staff report and incorporated by reference.
PASSED AND ADOPTED this _ day of 2024, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
APPROVED:
___________________________
Susan M. Landry, Mayor
ATTEST:
___________________________
Andrea Sanders, City Clerk
11.a
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Attachment: Resolution (FY 2025 ARPA Budget Adjustments) City of Campbell
Request for Budget Adjustments
Department/Program Division Date Request No.
September 3, 2024 BA-3
Budget to be Reduced
Fund/Program Account Number Descr iption Amount
Budget to be Increased
Fund/Program Account Number Descri ption Amoun t
REVENUES
233.980 6899 Operating Transfers In 375,000
435.990 6999 Capital Transfers In 1,100,000
EXPENDITURES
221.539 7427 Special Departmental - Parklet Grant Program 95,000 221.539 7427 Special Departmental - Support of DCBA 15,000 221.980 9899 Operating Transfers Out 375,000
233.537 7427 Special Departmental - Hotel Voucher Program for Unhoused 225,000 233.537 7427 Special Departmental - Hotel Stays Unhoused Inclement Weather 35,000 233.537 7430 Prof & Special Services - WV Homeless Shelter Feasibility Study 100,000 233.537 7430 Prof & Special Services - Silicon Valley Safe Park Program 15,000 435.25DD 7883 Imp Other Than Building - Campbell PDA Enhancements 625,000 435.24TT 7883 Imp Other Than Building - City Facilities Roof Repl 375,000 435.25NN 7883 Imp Other Than Building - Council Chambers HVAC 100,000 REASON FOR REQUEST - BE SPECIFIC:
Finance Director Cit y Manager
Multiple
Will Fuentes Brian Loventhal
Multiple
Per Council guidance received at the July 2, 2024 meeting, allocates some remaining ARPA funds to be used in FY 2025.
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Attachment: Budget Adjustment Form (FY 2025 ARPA Budget Adjustments)
City
Council
Report
TITLE: Campbell Technology Park Disposition and Development Agreement (Resolution/Roll Call Vote)
RECOMMENDED ACTION
That the City Council, acting in both its Council capacity and as the Successor Agency of the Campbell Redevelopment Agency, adopt a Resolution approving the Agreement to amend the November 18, 1997 First Amended and Restated Disposition and Development Agreement concerning the Campbell Technology Park and authorizing the City Manager to execute the Agreement.
BACKGROUND
The Campbell Technology Park (“Tech Park”), located at 635-695 Campbell Technology Parkway, is a 17.26 acre, four -parcel property that currently contains a 280,000 square foot Research and Development Park that was developed pursuant to a Disposition and Development Agreement (“DDA”) executed by the Campbell Redevelopment Agency in 1997. The DDA is effective until November 18, 2027. Prior to the adoption of the City’s 2040 General Plan in April, 2023, the Tech Park had a General Plan Land Use designation of Research and Development and a Zoning designation of P -D (Planned Development). As part of the process to complete updates to the 2040 General Plan (“General Plan”) and the City’s 6 th Cycle 2023 -2031 Housing Element (“Housing Element”), the City identified the Tech Park as a Housing Opportunity Site with an identified Land Use designation of High Density Mixed -Use (residential density range of 34–45 units per gross acre) on 13.75 acres of the Tech Park, while 3.51 acres remained with a Land Use designation of Research and Development.
During the public meeting process, representatives of the Tech Park provided feedback to the City that they would like to develop the Tech Park site for housing at a lower residential density than as indicated on the City’s draft 2040 General Plan and Housing Element. On April 18, 2023, representatives of t he Tech Park submitted a completed Preliminary Application, which proposed the redevelopment of the project site with townhomes at a density of 19.3 dwelling units per acre, of which 20% would be made available to low income households at affordable sales prices (the “ Proposed Development.”), using a provision in State Law recognized as “Builder’s Remedy”.
Item: 12
Category: NEW BUSINESS
Meeting Date: September 3, 2024
12 Packet Pg. 91
Campbell Technology Park Development Agreement Page 2 of 4 The Builder’s Remedy arises out of a provision in the Housing Accountability Act (“HAA,) that limits the ability of cities to deny a project for which a Preliminary Application was submitted at a time when the city did not have an adopted Housing Element that satisfied State Law.
Under the Builder’s Remedy, if a developer (1) submits a Preliminary Application for housing development project at a time when a city does not have a Housing Element that satisfies State Law, and (2) provides at least twenty percent (20%) of the units to lower income households at affordable prices or rates, then the city cannot deny the project even if it is inconsistent with the city’s zoning ordinance or general plan land use designation, unless the city finds:
1. The project “would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low- and moderate- income households;” or
2. The denial of the housing development project or imposition of conditions is required in order to comply with specific state or federal law, and there is no feasible method to comply without making the development unaffordable.
Later in the same day that the Proposed Development was submitted, the City adopted its 2040 General Plan and Housing Element that satisfied state law. Despite the Builders Remedy provisions, the City has contested to the Tech Park representatives that the City’s DDA for the Tech Park contains contractual obligations that prevent the development of the property in the manner and lower density proposed . As such, city staff has taken the position that the Tech Park is contractually obligated until November 18, 2027 to either (1) maintain the current Research and Development improvements, or (2) construct improvements that conform to the current General Plan.
As a result of this dispute, city staff, including the City Manager, City Attorney, and Community Development Director, have met with the representatives of the Tech Park to constructively work towards a resolution that meets the needs of the City and the Tech Park representatives. As a result of these meetings and discussions, which took place in Spring and Summer of 2024, city staff and the Tech Park representatives identified the payment of funds into the City’s Housing Fund to address the difference in residential density and affordable housing units between the Proposed Development and the requirements for higher density as prescribed under the 2040 General Plan and Housing Element.
Eventually, the parties reached a tentative agreement on a $2,500.000 contribution to the City’s Housing Fund in consideration of amending the DDA to allow the Proposed Development. Legal counsel for each of the parties then engaged to develop an agreement to Amend the DDA and settle the dispute over Proposed Development. The final draft of the Agreement to Amend the DDA is attached hereto as Attachment B.
12 Packet Pg. 92
Campbell Technology Park Development Agreement Page 3 of 4
DISCUSSION
Under the Agreement to Amend the DDA, the DDA would be amended to allow a residential development of approximately 290 units, of which approximately fifty -eight (58) dwelling units would be provided at affordable cost to low -income households. In consideration of this amendment, the Tech Park would pay $2,500,000 into the City’s Housing Assistance Fund. The Tech Park would make an initial payment of $625,000 upon final approval of the land use entitlements, and a final payment of $1,875,000 upon issuance of the initial building permits.
The Agreement to Amend the DDA does not commit the City to approve the Proposed Development. However, should the City deny the Proposed Development, the City would not receive the $2,500,000.
At its August 20, 2024 Executive Session meeting, the City Council met with the City Attorney and staff to discuss potential for litigation over the proposed development, and the prospects for settlement . Pursuant to feedback received from the City Council at the Executive Session, City Staff and the City Attorney have returned to Council with the proposed Agreement to Amended the DDA.
FISCAL IMPACT
Approval of the Amended DDA would result in the disposition of $2,500,000 into the City’s Housing Fund (Fund 233) should the project continue forward and obtain City Planning Approvals (Entitlements) and Building Permits.
Prepared by:
Rob Eastwood, Community Development
Director
12 Packet Pg. 93
Campbell Technology Park Development Agreement Page 4 of 4 Attachment:
a. Draft Resolution
12 Packet Pg. 94
Approved by:
Angelique Gaeta, Assistant City
Manager
RESOLUTION NO._______
BEING A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CAMPBELL AND THE SUCCESSOR AGENCY O F
THE CAMPBELL REDEVELOPMENT AGENCY APPROVING
THE AGREEMENT TO AMEND THE NOVEMBER 18, 1997
FIRST AMENDED AND RESTATED DISPOSITION AND
DEVELOPMENT AGREEMENT CONCERNING THE
CAMPBELL TECHNOLOGY PARK AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE AGREEMENT FILE NO.
PLN-2024-126
WHEREAS, the Campbell Technology Park (“Tech Park”), located at 635-695 Campbell Technology Parkway, is a 17.65 acre property that contains a 280,000 square foot Research and Development Park that was developed pursuant to a Disposition and Development Agreement (“DDA”) executed by the Campbell Redevelopment Agency in 1997.
WHEREAS, the 2040 General Plan (“General Plan”) and the City’s 6 th Cycle 2023-2031
Housing Element (“Housing Element ”) identify the Tech Park as a Housing Opportunity Site with an identified Land Use designation of High Density Mixed- Use (residential density range of 34–45 units per gross acre) on 13.75 acres of the Tech Park, while 3.51 acres remained with a Land Use designation of Research and Development.
WHEREAS, representatives of the Tech Park submitted a completed Preliminary Application (“Development Application”) , which proposed the redevelopment of the project site with townhomes at a density of 19.3 dwelling units per acre, of which 20% would be made available to low income households at affordable sales prices , using a provision in State Law recognized as “Builders Remedy”.
WHEREAS, City representatives identi fied a conflict between the Development Application and the DDA that require the Tech Park to be maintained as a Research and Development site or be developed in conformance with the General Plan.
WHEREAS, City representatives met with the Tech Park representatives to discuss settlement of the conflict between the Development Application and the DDA and General Plan.
WHEREAS, the City and Tech Park representatives have identified the payment of $2,500,000 by the Tech Park representatives into the City’s Housing Assistance Fund as a method to address the conflict between the Development Application and the DDA and General Plan.
WHEREAS, the proposed amendment to the DDA would allow the Proposed Development to proceed in exchange for a payment of $2,500,000 by the Tech Park representatives into the City’s Housing Assistance Fund.
NOW, THEREFORE, BE IT RESOLVED that the City Council approves the Agreement to amend the November 18, 1997 First Amended and Restated Disposition and
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Attachment: Draft Resolution (Campbell Technology Park Development Agreement) City Council Resolution No. Page 2 of 2 PLN-2024-126– Campbell Technology Park DDA
Development Agreement, as set forth in Exhibit A, and authorizes the City Manager to execute the Agreement.
PASSED AND ADOPTED this _______ day of ________________, 2024, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
APPROVED:
Susan M. Landry, Mayor
ATTEST:
Andrea Sanders, City Clerk
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Attachment: Draft Resolution (Campbell Technology Park Development Agreement)
Agreement to Amend First Amended and Restated Disposition and Development Agreement 39077.1 21016677.12
AG
REEMENT TO AMEND THE NOVEMBER 18, 1997 FIRST AMENDED
AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT
T
HIS AMENDMENT TO THE NOVEMBER 18, 1997 FIRST AMENDED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT (this "Amendment") is effective as of September 4, 2024 (the "Effective Date") and entered into by and between the CITY OF CAMPBELL, a California municipal corporation and Successor Agency to the City of Campbell Redevelopment Agency (the "City"), and CAMPBELL TECHNOLOGY PARK, LLC, a California limited liability company ( the “Tech Park”), collectively referred to as the “Parties.” R
ecitals
A. W
HEREAS, the City of Campbell Redevelopment Agency and WTA Campbell Technology Park LLC entered into the November 18, 1997 First Amended and Restated Disposition and Development Agreement (the "Agreement");
B. W
HEREAS, under the terms of the Agreement, The Campbell Redevelopment Agency conveyed that 19.58-acre parcel described in Exhibit A-2 to the Agreement (the "Property") to WTA Campbell Technology Park, LLC;
C. W
HEREAS, on December 8, 1997, consistent with the Agreement, the City approved a Planned Development Permit allowing development of the Property with a 280,000 square foot Research and Development Park, which was subsequently constructed and currently exists on the Property;
D. W
HEREAS, on or about December 17, 1998, the City of Campbell Redevelopment Agency transferred the Property to WTA Campbell Technology Park LLC via a grant deed that was recorded on December 21, 1998 at the Santa Clara County Recorder's office under Document No. 14563127 (the "Grant Deed").
E. W
HEREAS, due to dedications and/or other transfers, the Property was reduced to 17.28 acres (the “Existing Property”);
F. W
HEREAS, Tech Park is the successor in interest to WTA Campbell Technology Park, LLC and the current owner of the Existing Property;
G. W
HEREAS, the City of Campbell is the Successor Agency to the City of Campbell Redevelopment Agency;
H. W
HEREAS, on or about March 24, 2023, the City submitted a 6th Cycle (2023-2031) Revised Draft Housing Element to the California Department of Housing and Community Development ("HCD"). At the time of submittal, the City Council had not adopted the 6 th
C
ycle (2023-2031) Revised Draft Housing Element. On March 27, 2023, HCD found that that 6th Cycle (2023-2031) Revised Draft Housing Element would substantially comply with State Housing Element Law upon local adoption by the City, and subsequent submittal to and approval by HCD.
Exhibit A 12.a
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Attachment: Draft Resolution (Campbell Technology Park Development Agreement)
Agreement to Amend First Amended and Restated Disposition and Development Agreement 39077.1 21016677.12
I. WHEREAS, on or about April 18, 2023, the City Council passed Resolution No. 12965 which resolved "that the Central Campbell Redevelopment Plan shall be of no further force and effect, except when referenced by, or relied upon, within a Disposition and Development Agreement, in which case the Central Campbell Redevelopment Plan shall remain in full force and effect for the purpose of implementing the Disposition and Development Agreement;"
J. WHEREAS, on or about April 17, 2023, Tech Park submitted a completed Preliminary Application, which proposed the redevelopment of the Existing Property with three hundred and thirty-four (334) townhomes at a density of 19.3 dwelling units per acre, of which sixty- seven (67) dwelling units would be made available to low income households at affordable sales prices (the “Preliminary Application”);
K. WHEREAS, at the time of submittal of the Preliminary Application, the Existing Property had a General Plan Land Use designation of Research and Development and a Zoning designation of P-D (Planned Development);
L. WHEREAS, on April 18, 2023, the City adopted General Plan 2040, including the 6 th Cycle
(2023-2031) Revised Draft Housing Element it had submitted to HCD on March 24, 2023, pursuant to which 13.76 acres of the Existing Property was given a Land Use designation of High Density Mixed-Use with a density range of thirty-four to forty-five units per gross acre (34 – 45 units/gross acre), and designated a Housing Opportunity Site at the same density range, while 3.51 acres of the Existing Property was given a Land Use designation of Research and Development;
M. WHEREAS, on May 2, 2023, the City adopted a Zoning Map consistent with General Plan 2040, pursuant to which the portion of the Existing Property bearing the General Plan Land Use designation of High Density Mixed-Use was zoned HD-MU High Density Mixed-Use, while the portion of the Existing Property with the General Plan Land Use designation of Research and Development was zoned P-D Planned Development;
N. WHEREAS, on or about September 25, 2023, Tech Park submitted a formal application for the redevelopment of the Existing Property, which seeks approval of two hundred and ninety (290) dwelling units consisting of twenty-seven (27) detached single-family dwellings, one hundred forty-nine (149) townhomes to be mapped as condominium units, and one hundred fourteen (114) other condominium units at a density of 16.78 dwelling units per acre, of which at least fifty-eight (58) dwelling units are to be provided at affordable cost to low income households (the “Proposed Project”);
O. WHEREAS, the formal application sought approval of a new Planned Development Permit, Tentative Vesting Subdivision Map, and Tree Removal Permit for the Proposed Project (the "Proposed Project Entitlements");
P. WHEREAS, the City asserts that the terms of the Agreement restrict use of the Existing Property to either research and development land uses or uses consistent with the current General Plan;
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Attachment: Draft Resolution (Campbell Technology Park Development Agreement)
Agreement to Amend First Amended and Restated Disposition and Development Agreement 39077.1 21016677.12
Q. WHEREAS, Tech Park asserts the terms of the Agreement do not restrict use of the Existing Property to research and development land uses or uses consistent with the current General Plan, and, accordingly, the Agreement does permit residential uses, including the Proposed Project;
R. WHEREAS, Tech Park asserts that a continued insistence by the City that the Agreement is a contractual impediment to approval of the Proposed Project would violate the Housing Accountability Act;
S. WHEREAS, the City asserts that the Housing Accountability Act does not invalidate the Tech Park’s contractual obligations under the Agreement;
T. WHEREAS, the Parties' positions set forth in recitals P, Q, R, and S constitute a dispute concerning whether the Agreement precludes development of the Proposed Project, until November 18, 2027 (the "Dispute");
U. WHEREAS, Parties have reached an agreement to amend the Agreement and resolve the Dispute, which shall include a financial contribution by the Tech Park to City’s Housing Assistance Fund and the other covenants set forth below in the Terms below; and
V. WHEREAS, section 10.14 of the Agreement states that the parties may amend the Agreement "by means of a writing signed by all parties;"
Terms
NOW, THEREFORE, the City and the Tech Park in consideration of each other's mutual promises and other valuable consideration set forth herein, the Parties agree as follows:
1. Defined Terms. Any capitalized terms that are used but are not defined in this Amendment shall have the same respective meanings assigned to them in the Agreement.
2. Amendment.
a. Section 6.2 of the Agreement is hereby amended and restated to read as follows:
The Developer and its successors and assigns shall use, operate, and maintain the Existing Property in a manner consistent with the Redevelopment Plan and all applicable laws and regulations. The Agency represents that development of the Improvements in accordance with the Planning Approvals is consistent with and conforms to the Redevelopment Plan. The Agency shall not cause any modification of the Redevelopment Plan that would cause the Improvements (as built in accordance with the Planning Approvals) to be inconsistent and/or not in conformity with the Redevelopment Plan.
Neither this Section, nor any Section of this Agreement or the Grant Deed, is intended to, or operates to, restrict, preclude, or otherwise limit development of a residential use on the Existing Property of at least two hundred and ninety (290) dwelling units so long as the development is in accordance with otherwise applicable laws and regulations. Fewer
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Attachment: Draft Resolution (Campbell Technology Park Development Agreement)
Agreement to Amend First Amended and Restated Disposition and Development Agreement 39077.1 21016677.12
units than two hundred and ninety (290) are permitted if agreed to in writing between the Parties or as modified by Developer to satisfy fire safety requirements
b. Except as amended by this Amendment, all other terms and conditions as set forth in the Agreement shall remain in effect. The terms of this Amendment shall control if any conflict exists.
3. Monetary Consideration. Tech Park agrees to remit to the City the following sums at the following times:
a. Upon the Final Approval Date, as defined below, of the Proposed Project substantially as submitted, with no less than 290 dwelling units (unless otherwise agreed in writing between the Parties), subject to any and all lawfully imposed dedications, conditions of approval and mitigation measures as may be required pursuant to environmental review under the California Environmental Quality Act, Tech Park shall remit to the City for its Housing Assistance Fund the sum of six hundred and twenty-five thousand dollars ($625,000). The "Final Approval Date" shall be ninety (90) days from the City's approval of the last of the Proposed Project Entitlements if the City files a Notice of Determination within sixty (60) days of such approval or, if no Notice of Determination is filed, within one hundred and eighty (180) days of such approval. For purposes of clarification, insofar as a Proposed Project Entitlement is adopted by ordinance, the approval date for such approval is the date of the second reading of that ordinance;
b. At the time of issuance of the initial building permits for the Proposed Project, Tech Park shall remit to the City for its Housing Assistance Fund the additional sum of one million, eight hundred and seventy-five thousand dollars ($1,875,000);
c. The sums identified in paragraphs “a” and “b” of this section shall be in addition to any fees and exactions lawfully imposed by the City.
d. In the event a referendum or lawsuit is filed challenging any Proposed Project land use entitlements or approvals, including without limitations its environmental review, the deadlines for the remittance of sums under paragraphs “a” and “b” of this section shall be tolled until the referendum or legal challenge is resolved such that Tech Park is able to commence construction of the Proposed Project substantially as submitted.
e. In the event Tech Park proposes to transfer the Property to a successor, assign, or heir ("Property Transfer") prior to the Final Approval Date and/or the issuance of building permits, then the following provisions shall apply:
i. If neither the Final Approval Date nor the issuance of building permits has occurred prior to the Property Transfer, and Tech Park has not delivered any of the monetary consideration set forth under Sections 3(a) and 3(b) to the City, then Tech Park shall, prior to the Property Transfer, deposit the sum of two million, five hundred thousand dollars ($2,500,000) into an escrow account, on terms and with an escrow holder as mutually agreed to by the Parties, where such sum shall be released from escrow in accordance with the schedule set forth in Section 3(a) through 3(d) of this Amendment.
ii. If the Final Approval Date has passed but building permits have not yet been issued, and Tech Park has delivered only the monetary consideration set forth in Section 3(a), then Tech
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Attachment: Draft Resolution (Campbell Technology Park Development Agreement)
Agreement to Amend First Amended and Restated Disposition and Development Agreement 39077.1 21016677.12
Park shall, prior to the Property Transfer, deposit the sum of one million, eight hundred and seventy-five thousand dollars ($1,875,000) into an escrow account, on terms and with an escrow holder as mutually agreed to by the Parties, where such sum shall be released from escrow in accordance with the schedule set forth in Section 3(b) through 3(d) of this Amendment.
iii. If a referendum or lawsuit results in Tech Park not being able to commence construction of the Proposed Project substantially as submitted and any sums, as set forth in this Section 3(e), remain in escrow, the Parties agree such sums shall be released from escrow to Tech Park.
4. Covenants. The following covenants are materials terms of this Amendment and the Agreement:
a. Notwithstanding anything else in the Agreement or this Amendment, Tech Park agrees not to amend the Proposed Project to include a residential component of less than two hundred and ninety (290) units (unless otherwise agreed in writing between the Parties or as modified by Tech Park to satisfy fire safety requirements);
b. Notwithstanding anything else in the Agreement or this Amendment, the City agrees that neither the Agreement, its Amendment, the Redevelopment Plan, the Planned Development Permit in Recital C, nor the Grant Deed prohibit, or shall be interpreted to prohibit, construction and operation of the Proposed Project under the Proposed Project Entitlements (and as the Proposed Project might be amended as agreed to in writing between the Parties or modified by Tech Park to satisfy fire safety requirements).
5. Settlement and Release.
a. The terms of this Amendment are intended to fully resolve the Dispute between the Parties. Except as otherwise set forth herein, the Parties, individually and on behalf of their respective heirs, assignees, transferees, successors, affiliates, directors, officers, shareholders, employees, and agents and representatives, hereby release the other party and their respective heirs, assignees, transferees, successors, affiliates, directors, officers, shareholders, employees, and agents and representatives (including the Parties’ attorneys), from any and all claims, complaints, demands, causes of action, obligations, damages, costs, expenses, attorneys' fees, rights, and liabilities relating to property damage, whether known or unknown, suspected or not suspected to exist, claimed or not claimed, related to or arising in any way from the Dispute.
However, nothing contained herein shall be construed to prevent either party from taking any lawful action to challenge or enforce their rights with respect to any action concerning the Proposed Project that is not related to the Dispute, or from enforcing the terms of this Amendment.
b. For purposes of clarification, and notwithstanding anything else in the Agreement or this Amendment, the Dispute solely concerns (i) the Parties' disagreement about whether the Agreement's terms serve as a contractual impediment to the construction and operation of the Proposed Project through November 18, 2027; and (ii) the Parties' disagreement about whether the foregoing contractual disagreement about the Agreement's terms constitutes a violation of the Housing Accountability Act. Nothing in the settlement and release provisions in Section 5(a) related to the Dispute, the Agreement, or this Amendment shall preclude or otherwise affect any other claims related to the entitlement of the Proposed Project that Tech Park might have under
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Attachment: Draft Resolution (Campbell Technology Park Development Agreement)
Agreement to Amend First Amended and Restated Disposition and Development Agreement 39077.1 21016677.12
the Housing Accountability and the Permit Streamlining Act (including without limitation claims under Senate Bill 330 and the Builder's Remedy), the Mitigation Fee Act, and other local, state, or federal law, except that Tech Park agrees not to amend the Proposed Project or otherwise pursue a scope of development to include a residential component of less than two hundred and ninety (290) units (unless otherwise agreed in writing between the Parties or as necessary to satisfy fire safety requirements), as set forth in Section 4(a).
c. The settlement and release provisions of Section 5(a) shall not be operative until the later of (1) execution by the Parties of this Amendment; or (2) the City's adoption of a resolution permanently rescinding the Central Campbell Redevelopment Plan in its entirety with respect to the Existing Property, thereby removing the exception in Resolution No. 12965 which provided that the aforesaid plan continues to exist when referenced by, or relied upon, within a disposition and development agreement, as it relates to the Agreement, the Existing Property, and the Proposed Project.
6. Review of the Proposed Project. The City makes no promises or representations with regard to the approval of the Proposed Project; and nothing contained in this Amendment is intended to limit the lawful discretion of the City, its employees, Planning Commission or City Council in their review and action on the Proposed Project.
7. Representation by Counsel. The Parties hereby acknowledge and warrant that they have been represented by counsel of their choice throughout all negotiations which preceded their execution of this Agreement. The Parties represent that they have read this Amendment and have had the same explained by legal counsel. The Parties represent that they understand this Amendment and have executed it voluntarily.
8. Differences in Facts. The Parties each represent and warrant that they fully understand that if the facts related to the Dispute should be found hereafter to be different from the facts now believed to be true, each of the Parties expressly accepts and assumes the risk of such possible differences in facts and agrees that this Amendment shall be and remain effective notwithstanding such differences in facts. Notwithstanding the above, the Dispute, as defined in Recital T, shall continue to define the scope of the settlement and release terms of Section 5 of the Amendment.
9. Binding Upon Successors. This Amendment shall be binding upon and shall inure to the benefit of all agents, attorneys, successors, assigns, heirs, executors, administrators, personal representatives, trustees, successors-in-interest, and other related parties to this Amendment. If the Existing Property is transferred to a successor, assign, or heir, the transferor shall not retain any obligations or enjoy any benefits under this Amendment after such transfer. The transferor has a duty to notify the transferee, and provide a copy of, this Amendment prior to any transfer of the Existing Property.
10. Authority to Execute Agreement; No Assignment. The Parties to this Agreement, and each of them, represent and warrant that each has the right, power, and authority to execute this Amendment, and each further represents and warrants that each of them, have the right to compromise the matters set forth in this Amendment and none of them have sold, assigned,
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Attachment: Draft Resolution (Campbell Technology Park Development Agreement)
Agreement to Amend First Amended and Restated Disposition and Development Agreement 39077.1 21016677.12
conveyed, or otherwise transferred such rights. All signatures to this Amendment shall be notarized, except for any signatures by attorneys approving the documents as to form.
11. No Waiver. The failure of any party to insist on the strict performance of any covenant or duty required by this Amendment, or to pursue any remedy under this Amendment, shall not constitute a waiver of the breach or the remedy.
12. Construction of Amendment. The Parties, through counsel, have thoroughly reviewed this Amendment and have had the opportunity to clarify any potential ambiguities. As such, the normal rule that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Amendment.
13. Entire Agreement. This Amendment and the Agreement that it amends sets forth the entire understanding of the Parties in connection with the subject matter herein. Neither of the Parties have made any statement, representation, or warranty in connection with this Agreement that has been an inducement for the other to enter into this Amendment or the underlying Agreement, except as is expressly set forth in this Amendment and the underlying Agreement.
The Parties agree that they will make no claim at any time or place that this Amendment or the underlying Agreement has been orally altered or modified or otherwise changed by oral communication of any kind or character.
14. Effect of Void or Unenforceable Agreement or Amendment. If Tech Park has paid any monetary consideration under Section 3 of this Amendment, then the City agrees it shall release any claims it may have that any provision of this Agreement or its Amendment are void or unenforceable.
15. Counterparts. This Amendment may be executed in one or more counterparts and each counterpart will be considered an original and binding to the party executing it. A copy of a Party’s signature shall be treated the same as an original. Electronic or scanned pdf signatures are also valid as an original.
IN WITNESS HEREOF, the following Parties have executed this Amendment:
City of Campbell
Dated: _____________, 2024 By _________________________________ Brian Loventhal, City Manager
Campbell Technology Park, LLC
Dated: _____________, 2024 By_________________________________ _________________, its _____________
August 22
Tim Pasquinelli
Managing Member
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Attachment: Draft Resolution (Campbell Technology Park Development Agreement)
Agreement to Amend First Amended and Restated Disposition and Development Agreement 39077.1 21016677.12
Approved as to form and content:
Dated: _____________, 2024 ____________________________________ William R. Seligmann, City Attorney of
Campbell
Hanson Bridget, LLP
Dated:_____________, 2024 By: ________________________________ Sean Marciniak, Attorney for Campbell
Technology Park, LLC
August 22
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Attachment: Draft Resolution (Campbell Technology Park Development Agreement) City
Council
Report
TITLE: Designation of Voting Delegate and Alternate for 2024 League of California Cities Annual Conference
RECOMMENDED ACTION
That the City Council designate a Voting Delegate and Alternate(s) for the League of California Cities Annual Conference General Business Meeting to be held on October 18, 2024
BACKGROUND
The League of California Cities Annual Conference is scheduled for October 16-18, 2024, in Long Beach. The General Business Meeting is scheduled for Friday, October 18, 2024, at the Long Beach Convention Center.
Consistent with Cal Cities bylaws, each City Council is required to designate a voting representative and up to two alternates who will be present at the General Business Meeting, one of whom may vote in the event the designated voting delegate is unable to serve in that capacity.
FISCAL IMPACT
Appointing a voting representative and two alternates has no fiscal impact. However, the City is assessed an annual fee for its membership in the League of California Cities (approx. $17,500) and there are also costs associated with attending the Annual Conference (approx. $700 per attendee, plus travel expenses). Both of these costs have been accounted for within the Fiscal Year 2025 Adopted Budget under the City Council Budget Unit (101.501) and no further appropriations are requested at this time.
Prepared by:
Andrea Sanders, City Clerk
Item: 13
Category: NEW BUSINESS
Meeting Date: September 3, 2024
13 Packet Pg. 105
2024 Cal Cities Voting Delegates Page 2 of 2
Approved by:
Angelique Gaeta, Assistant City
Manager
Attachment:
a. General Assembly Voting Procedures
13 Packet Pg. 106
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.
2. Design
ating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.
3. Regist
ering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.
4. Signin
g Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.
5. Voting
. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.
6. Voting
Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.
7. Resolv
ing Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
13.a
Packet Pg. 107
Attachment: General Assembly Voting Procedures (2024 Cal Cities Voting Delegates)
City
Council
Report
TITLE: Council Committee Reports
RECOMMENDED ACTION
That the City Council report on activities from their committee assignments.
DISCUSSION
This is the section of the City Council Agenda that allows the City Councilmembers to report on items of interest and the work of City Council Subcommittees.
MAYOR LANDRY
Advisory Commissioner Appointment Interview Subcommittee City Attorney Performance/Compensation Subcommittee
City Clerk Performance/Compensation Subcommittee
City Manager Performance/Compensation Subcommittee
Education Subcommittee
Economic Development Subcommittee
West Valley Mayors and Managers
DCBA Liaison
Santa Clara County Housing and Community Development Advisory Committee Santa Clara Valley Water District County Water Commission Santa Clara County Library District JPA Board of Directors Cities Association of Santa Clara County - City Selection Committee
Friends of the Heritage Theater Liaison (Alt.)
West Valley Clean Water JPA (Alt.)
West Valley Solid Waste Authority JPA (Alt.)
VICE MAYOR LOPEZ
City Attorney Performance/Compensation Subcommittee
City Clerk Performance/Compensation Subcommittee
City Manager Performance/Compensation Subcommittee
Economic Development Subcommittee
Finance Subcommittee
Legislative Subcommittee
Silicon Valley Clean Energy Audit Committee
Item: 14
Category: COUNCIL COMMITTEE
REPORTS
Meeting Date: September 3, 2024
14 Packet Pg. 108
Council Committee Reports Page 2 of 3
Bay Area Quality Management District Board of Directors** League of Cities Peninsula Division Executive Committee** Valley Transportation Authority Board of Directors**
West Valley Mayors and Managers (Alt.)
Cities Association of Santa Clara County:
Board Representative (Alt.)
Legislative Action Committee and City Selection Committee (Alt.) Silicon Valley Clean Energy JPA Board of Directors (Alt.) West Valley Sanitation District (Alt.)
COUNCILMEMBER BYBEE:
Finance Subcommittee
Legislative Subcommittee
Cities Association of Santa Clara County:
Board Representative
Legislative Action Committee
Silicon Valley Animal Control Authority Board (SVACA)
Silicon Valley Clean Energy JPA Board of Directors
Campbell Historical Museum & Ainsley House Foundation Liaison (Alt.) West Valley Sanitation District (Alt.)
COUNCILMEMBER FURTADO
Advisory Commissioner Appointment Interview Committee
West Valley Clean Water JPA
West Valley Sanitation District
West Valley Solid Waste Authority JPA
Association of Bay Area Governments (ABAG)
Silicon Valley Regional Interoperability Authority (SVRIA) Santa Clara County Emergency Operational Council (EOAC)**
Silicon Valley Animal Control Authority Board (SVACA) (Alt.) Valley Transportation Authority Policy Advisory Committee (Alt.)
COUNCILMEMBER SCOZZOLA
Campbell Historical Museum & Ainsley House Foundation Liaison Friends of the Heritage Theater Liaison
Education Subcommittee
Silicon Valley Clean Energy JPA Board of Directors
Silicon Valley Clean Energy Finance and Administration Committee Valley Transportation Authority Policy Advisory Board
14 Packet Pg. 109
Council Committee Reports Page 3 of 3
Santa Clara Valley Water District: County Water Commission (Alt.) DCBA Liaison (Alt.)
Santa Clara County Housing and Community Development Advisory Committee (Alt.) Santa Clara County Library District JPA Board of Directors (Alt.) Association of Bay Area Governments (Alt.)
**appointed by other agencies
Prepared by:
Kristen Epolite, Deputy City Clerk
14 Packet Pg. 110
To: Susan M. Landry and City Council Members
Date: September 3, 2024
From: Rob Eastwood, Community Development Director
Subject: Public Hearing Agenda, Item 12 – Campbell Tech Park DDA
Following publication of the Agenda, staff identified several recommended minor edits to the Resolution to ensure it is internally consistent with the accompanying DDA for the Campbell Technology Park. This includes clarification to the acreage of the Campbell Technology Park Site (17.27 acres instead of 17.26 acres) and the terminology regarding proposed residential development on the site (“Proposed Project”).
The attached modified resolution incorporates these minor edits.
To reflect these changes in the action, staff has prepared an amended motion as follows:
Recommended Action
That the City Council, acting in both its Council capacity and as the Successor Agency of the Campbell Redevelopment Agency, adopt a Resolution approving the Agreement to amend the November 18, 1997 First Amended and Restated Disposition and Development Agreement concerning the Campbell Technology Park and authorizing the City Manager to execute the Agreement as provided as a desk item.
Exhibit(s):
A-1 – Draft Resolution (Revised by Desk Item)
City of Campbell
MEMORANDUM
Planning Division
Exhibit A-1
RESOLUTION NO._______
BEING A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CAMPBELL AND THE SUCCESSOR AGENCY O F
THE CAMPBELL REDEVELOPMENT AGENCY APPROVING
THE AGREEMENT TO AMEND THE NOVEMBER 18, 1997
FIRST AMENDED AND RESTATED DISPOSITION AND
DEVELOPMENT AGREEMENT CONCERNING THE
CAMPBELL TECHNOLOGY PARK AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE AGREEMENT FILE NO.
PLN-2024-126
WHEREAS, the Campbell Technology Park (“Tech Park”), located at 635-695 Campbell Technology Parkway, is a 17.27 acre property that contains a 280,000 square foot Research and Development Park that was developed pursuant to a Disposition and Development Agreement (“DDA”) executed by the Campbell Redevelopment Agency in 1997.
WHEREAS, the 2040 General Plan (“General Plan”) and the City’s 6 th Cycle 2023-2031
Housing Element (“Housing Element ”) identify the Tech Park as a Housing Opportunity Site with an identified Land Use designation of High Density Mixed- Use (residential density range of 34–45 units per gross acre) on 13.76 acres of the Tech Park, while 3.51 acres remained with a Land Use designation of Research and Development.
WHEREAS, representatives of the Tech Park submitted a completed Proposed Project, which proposed the redevelopment of the project site with townhomes at a density of 19.3 dwelling units per acre, of which 20% would be made available to low income households at affordable sales prices , u sing a provision in State Law recognized as “Builders Remedy”.
WHEREAS, City representatives identified a conflict between the Proposed Project and the DDA that require the Tech Park to be maintained as a Research and Development site or be developed in conformance with the General Plan.
WHEREAS, City representatives met with the Tech Park representatives to discuss settlement of the conflict between the Proposed Project and the DDA and General Plan.
WHEREAS, the City and Tech Park representatives have identified the payment of $2,500,000 by the Tech Park representatives into the City’s Housing Assistance Fund as a method to address the conflict between the Proposed Project and the DDA and General Plan.
WHEREAS, the proposed amendment to the DDA would allow the Proposed Project to proceed in exchange for a payment of $2,500,000 by the Tech Park representatives into the City’s Housing Assistance Fund.
NOW, THEREFORE, BE IT RESOLVED that the City Council approves the Agreement to amend the November 18, 1997 First Amended and Restated Disposition and City Council Resolution No. Page 2 of 2 PLN-2024-126– Campbell Technology Park DDA
Development Agreement, as set forth in Exhibit A, and authorizes the City Manager to execute the Agreement.
PASSED AND ADOPTED this _______ day of ________________, 2024, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
APPROVED:
Susan M. Landry, Mayor
ATTEST:
Andrea Sanders, City Clerk
Agreement to Amend First Amended and Restated Disposition and Development Agreement 39077.1 21016677.12
AG
REEMENT TO AMEND THE NOVEMBER 18, 1997 FIRST AMENDED
AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT
T
HIS AMENDMENT TO THE NOVEMBER 18, 1997 FIRST AMENDED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT (this "Amendment") is effective as of September 4, 2024 (the "Effective Date") and entered into by and between the CITY OF CAMPBELL, a California municipal corporation and Successor Agency to the City of Campbell Redevelopment Agency (the "City"), and CAMPBELL TECHNOLOGY PARK, LLC, a California limited liability company ( the “Tech Park”), collectively referred to as the “Parties.” R
ecitals
A. W
HEREAS, the City of Campbell Redevelopment Agency and WTA Campbell Technology Park LLC entered into the November 18, 1997 First Amended and Restated Disposition and Development Agreement (the "Agreement");
B. W
HEREAS, under the terms of the Agreement, The Campbell Redevelopment Agency conveyed that 19.58-acre parcel described in Exhibit A-2 to the Agreement (the "Property") to WTA Campbell Technology Park, LLC;
C. W
HEREAS, on December 8, 1997, consistent with the Agreement, the City approved a Planned Development Permit allowing development of the Property with a 280,000 square foot Research and Development Park, which was subsequently constructed and currently exists on the Property;
D. W
HEREAS, on or about December 17, 1998, the City of Campbell Redevelopment Agency transferred the Property to WTA Campbell Technology Park LLC via a grant deed that was recorded on December 21, 1998 at the Santa Clara County Recorder's office under Document No. 14563127 (the "Grant Deed").
E. W
HEREAS, due to dedications and/or other transfers, the Property was reduced to 17.28 acres (the “Existing Property”);
F. W
HEREAS, Tech Park is the successor in interest to WTA Campbell Technology Park, LLC and the current owner of the Existing Property;
G. W
HEREAS, the City of Campbell is the Successor Agency to the City of Campbell Redevelopment Agency;
H. W
HEREAS, on or about March 24, 2023, the City submitted a 6th Cycle (2023-2031) Revised Draft Housing Element to the California Department of Housing and Community Development ("HCD"). At the time of submittal, the City Council had not adopted the 6 th
C
ycle (2023-2031) Revised Draft Housing Element. On March 27, 2023, HCD found that that 6th Cycle (2023-2031) Revised Draft Housing Element would substantially comply with State Housing Element Law upon local adoption by the City, and subsequent submittal to and approval by HCD.
Exhibit A
Agreement to Amend First Amended and Restated Disposition and Development Agreement 39077.1 21016677.12
I. WHEREAS, on or about April 18, 2023, the City Council passed Resolution No. 12965 which resolved "that the Central Campbell Redevelopment Plan shall be of no further force and effect, except when referenced by, or relied upon, within a Disposition and Development Agreement, in which case the Central Campbell Redevelopment Plan shall remain in full force and effect for the purpose of implementing the Disposition and Development Agreement;"
J. WHEREAS, on or about April 17, 2023, Tech Park submitted a completed Preliminary Application, which proposed the redevelopment of the Existing Property with three hundred and thirty-four (334) townhomes at a density of 19.3 dwelling units per acre, of which sixty- seven (67) dwelling units would be made available to low income households at affordable sales prices (the “Preliminary Application”);
K. WHEREAS, at the time of submittal of the Preliminary Application, the Existing Property had a General Plan Land Use designation of Research and Development and a Zoning designation of P-D (Planned Development);
L. WHEREAS, on April 18, 2023, the City adopted General Plan 2040, including the 6 th Cycle
(2023-2031) Revised Draft Housing Element it had submitted to HCD on March 24, 2023, pursuant to which 13.76 acres of the Existing Property was given a Land Use designation of High Density Mixed-Use with a density range of thirty-four to forty-five units per gross acre (34 – 45 units/gross acre), and designated a Housing Opportunity Site at the same density range, while 3.51 acres of the Existing Property was given a Land Use designation of Research and Development;
M. WHEREAS, on May 2, 2023, the City adopted a Zoning Map consistent with General Plan 2040, pursuant to which the portion of the Existing Property bearing the General Plan Land Use designation of High Density Mixed-Use was zoned HD-MU High Density Mixed-Use, while the portion of the Existing Property with the General Plan Land Use designation of Research and Development was zoned P-D Planned Development;
N. WHEREAS, on or about September 25, 2023, Tech Park submitted a formal application for the redevelopment of the Existing Property, which seeks approval of two hundred and ninety (290) dwelling units consisting of twenty-seven (27) detached single-family dwellings, one hundred forty-nine (149) townhomes to be mapped as condominium units, and one hundred fourteen (114) other condominium units at a density of 16.78 dwelling units per acre, of which at least fifty-eight (58) dwelling units are to be provided at affordable cost to low income households (the “Proposed Project”);
O. WHEREAS, the formal application sought approval of a new Planned Development Permit, Tentative Vesting Subdivision Map, and Tree Removal Permit for the Proposed Project (the "Proposed Project Entitlements");
P. WHEREAS, the City asserts that the terms of the Agreement restrict use of the Existing Property to either research and development land uses or uses consistent with the current General Plan;
Agreement to Amend First Amended and Restated Disposition and Development Agreement 39077.1 21016677.12
Q. WHEREAS, Tech Park asserts the terms of the Agreement do not restrict use of the Existing Property to research and development land uses or uses consistent with the current General Plan, and, accordingly, the Agreement does permit residential uses, including the Proposed Project;
R. WHEREAS, Tech Park asserts that a continued insistence by the City that the Agreement is a contractual impediment to approval of the Proposed Project would violate the Housing Accountability Act;
S. WHEREAS, the City asserts that the Housing Accountability Act does not invalidate the Tech Park’s contractual obligations under the Agreement;
T. WHEREAS, the Parties' positions set forth in recitals P, Q, R, and S constitute a dispute concerning whether the Agreement precludes development of the Proposed Project, until November 18, 2027 (the "Dispute");
U. WHEREAS, Parties have reached an agreement to amend the Agreement and resolve the Dispute, which shall include a financial contribution by the Tech Park to City’s Housing Assistance Fund and the other covenants set forth below in the Terms below; and
V. WHEREAS, section 10.14 of the Agreement states that the parties may amend the Agreement "by means of a writing signed by all parties;"
Terms
NOW, THEREFORE, the City and the Tech Park in consideration of each other's mutual promises and other valuable consideration set forth herein, the Parties agree as follows:
1. Defined Terms. Any capitalized terms that are used but are not defined in this Amendment shall have the same respective meanings assigned to them in the Agreement.
2. Amendment.
a. Section 6.2 of the Agreement is hereby amended and restated to read as follows:
The Developer and its successors and assigns shall use, operate, and maintain the Existing Property in a manner consistent with the Redevelopment Plan and all applicable laws and regulations. The Agency represents that development of the Improvements in accordance with the Planning Approvals is consistent with and conforms to the Redevelopment Plan. The Agency shall not cause any modification of the Redevelopment Plan that would cause the Improvements (as built in accordance with the Planning Approvals) to be inconsistent and/or not in conformity with the Redevelopment Plan.
Neither this Section, nor any Section of this Agreement or the Grant Deed, is intended to, or operates to, restrict, preclude, or otherwise limit development of a residential use on the Existing Property of at least two hundred and ninety (290) dwelling units so long as the development is in accordance with otherwise applicable laws and regulations. Fewer
Agreement to Amend First Amended and Restated Disposition and Development Agreement 39077.1 21016677.12
units than two hundred and ninety (290) are permitted if agreed to in writing between the Parties or as modified by Developer to satisfy fire safety requirements
b. Except as amended by this Amendment, all other terms and conditions as set forth in the Agreement shall remain in effect. The terms of this Amendment shall control if any conflict exists.
3. Monetary Consideration. Tech Park agrees to remit to the City the following sums at the following times:
a. Upon the Final Approval Date, as defined below, of the Proposed Project substantially as submitted, with no less than 290 dwelling units (unless otherwise agreed in writing between the Parties), subject to any and all lawfully imposed dedications, conditions of approval and mitigation measures as may be required pursuant to environmental review under the California Environmental Quality Act, Tech Park shall remit to the City for its Housing Assistance Fund the sum of six hundred and twenty-five thousand dollars ($625,000). The "Final Approval Date" shall be ninety (90) days from the City's approval of the last of the Proposed Project Entitlements if the City files a Notice of Determination within sixty (60) days of such approval or, if no Notice of Determination is filed, within one hundred and eighty (180) days of such approval. For purposes of clarification, insofar as a Proposed Project Entitlement is adopted by ordinance, the approval date for such approval is the date of the second reading of that ordinance;
b. At the time of issuance of the initial building permits for the Proposed Project, Tech Park shall remit to the City for its Housing Assistance Fund the additional sum of one million, eight hundred and seventy-five thousand dollars ($1,875,000);
c. The sums identified in paragraphs “a” and “b” of this section shall be in addition to any fees and exactions lawfully imposed by the City.
d. In the event a referendum or lawsuit is filed challenging any Proposed Project land use entitlements or approvals, including without limitations its environmental review, the deadlines for the remittance of sums under paragraphs “a” and “b” of this section shall be tolled until the referendum or legal challenge is resolved such that Tech Park is able to commence construction of the Proposed Project substantially as submitted.
e. In the event Tech Park proposes to transfer the Property to a successor, assign, or heir ("Property Transfer") prior to the Final Approval Date and/or the issuance of building permits, then the following provisions shall apply:
i. If neither the Final Approval Date nor the issuance of building permits has occurred prior to the Property Transfer, and Tech Park has not delivered any of the monetary consideration set forth under Sections 3(a) and 3(b) to the City, then Tech Park shall, prior to the Property Transfer, deposit the sum of two million, five hundred thousand dollars ($2,500,000) into an escrow account, on terms and with an escrow holder as mutually agreed to by the Parties, where such sum shall be released from escrow in accordance with the schedule set forth in Section 3(a) through 3(d) of this Amendment.
ii. If the Final Approval Date has passed but building permits have not yet been issued, and Tech Park has delivered only the monetary consideration set forth in Section 3(a), then Tech
Agreement to Amend First Amended and Restated Disposition and Development Agreement 39077.1 21016677.12
Park shall, prior to the Property Transfer, deposit the sum of one million, eight hundred and seventy-five thousand dollars ($1,875,000) into an escrow account, on terms and with an escrow holder as mutually agreed to by the Parties, where such sum shall be released from escrow in accordance with the schedule set forth in Section 3(b) through 3(d) of this Amendment.
iii. If a referendum or lawsuit results in Tech Park not being able to commence construction of the Proposed Project substantially as submitted and any sums, as set forth in this Section 3(e), remain in escrow, the Parties agree such sums shall be released from escrow to Tech Park.
4. Covenants. The following covenants are materials terms of this Amendment and the Agreement:
a. Notwithstanding anything else in the Agreement or this Amendment, Tech Park agrees not to amend the Proposed Project to include a residential component of less than two hundred and ninety (290) units (unless otherwise agreed in writing between the Parties or as modified by Tech Park to satisfy fire safety requirements);
b. Notwithstanding anything else in the Agreement or this Amendment, the City agrees that neither the Agreement, its Amendment, the Redevelopment Plan, the Planned Development Permit in Recital C, nor the Grant Deed prohibit, or shall be interpreted to prohibit, construction and operation of the Proposed Project under the Proposed Project Entitlements (and as the Proposed Project might be amended as agreed to in writing between the Parties or modified by Tech Park to satisfy fire safety requirements).
5. Settlement and Release.
a. The terms of this Amendment are intended to fully resolve the Dispute between the Parties. Except as otherwise set forth herein, the Parties, individually and on behalf of their respective heirs, assignees, transferees, successors, affiliates, directors, officers, shareholders, employees, and agents and representatives, hereby release the other party and their respective heirs, assignees, transferees, successors, affiliates, directors, officers, shareholders, employees, and agents and representatives (including the Parties’ attorneys), from any and all claims, complaints, demands, causes of action, obligations, damages, costs, expenses, attorneys' fees, rights, and liabilities relating to property damage, whether known or unknown, suspected or not suspected to exist, claimed or not claimed, related to or arising in any way from the Dispute.
However, nothing contained herein shall be construed to prevent either party from taking any lawful action to challenge or enforce their rights with respect to any action concerning the Proposed Project that is not related to the Dispute, or from enforcing the terms of this Amendment.
b. For purposes of clarification, and notwithstanding anything else in the Agreement or this Amendment, the Dispute solely concerns (i) the Parties' disagreement about whether the Agreement's terms serve as a contractual impediment to the construction and operation of the Proposed Project through November 18, 2027; and (ii) the Parties' disagreement about whether the foregoing contractual disagreement about the Agreement's terms constitutes a violation of the Housing Accountability Act. Nothing in the settlement and release provisions in Section 5(a) related to the Dispute, the Agreement, or this Amendment shall preclude or otherwise affect any other claims related to the entitlement of the Proposed Project that Tech Park might have under
Agreement to Amend First Amended and Restated Disposition and Development Agreement 39077.1 21016677.12
the Housing Accountability and the Permit Streamlining Act (including without limitation claims under Senate Bill 330 and the Builder's Remedy), the Mitigation Fee Act, and other local, state, or federal law, except that Tech Park agrees not to amend the Proposed Project or otherwise pursue a scope of development to include a residential component of less than two hundred and ninety (290) units (unless otherwise agreed in writing between the Parties or as necessary to satisfy fire safety requirements), as set forth in Section 4(a).
c. The settlement and release provisions of Section 5(a) shall not be operative until the later of (1) execution by the Parties of this Amendment; or (2) the City's adoption of a resolution permanently rescinding the Central Campbell Redevelopment Plan in its entirety with respect to the Existing Property, thereby removing the exception in Resolution No. 12965 which provided that the aforesaid plan continues to exist when referenced by, or relied upon, within a disposition and development agreement, as it relates to the Agreement, the Existing Property, and the Proposed Project.
6. Review of the Proposed Project. The City makes no promises or representations with regard to the approval of the Proposed Project; and nothing contained in this Amendment is intended to limit the lawful discretion of the City, its employees, Planning Commission or City Council in their review and action on the Proposed Project.
7. Representation by Counsel. The Parties hereby acknowledge and warrant that they have been represented by counsel of their choice throughout all negotiations which preceded their execution of this Agreement. The Parties represent that they have read this Amendment and have had the same explained by legal counsel. The Parties represent that they understand this Amendment and have executed it voluntarily.
8. Differences in Facts. The Parties each represent and warrant that they fully understand that if the facts related to the Dispute should be found hereafter to be different from the facts now believed to be true, each of the Parties expressly accepts and assumes the risk of such possible differences in facts and agrees that this Amendment shall be and remain effective notwithstanding such differences in facts. Notwithstanding the above, the Dispute, as defined in Recital T, shall continue to define the scope of the settlement and release terms of Section 5 of the Amendment.
9. Binding Upon Successors. This Amendment shall be binding upon and shall inure to the benefit of all agents, attorneys, successors, assigns, heirs, executors, administrators, personal representatives, trustees, successors-in-interest, and other related parties to this Amendment. If the Existing Property is transferred to a successor, assign, or heir, the transferor shall not retain any obligations or enjoy any benefits under this Amendment after such transfer. The transferor has a duty to notify the transferee, and provide a copy of, this Amendment prior to any transfer of the Existing Property.
10. Authority to Execute Agreement; No Assignment. The Parties to this Agreement, and each of them, represent and warrant that each has the right, power, and authority to execute this Amendment, and each further represents and warrants that each of them, have the right to compromise the matters set forth in this Amendment and none of them have sold, assigned,
Agreement to Amend First Amended and Restated Disposition and Development Agreement 39077.1 21016677.12
conveyed, or otherwise transferred such rights. All signatures to this Amendment shall be notarized, except for any signatures by attorneys approving the documents as to form.
11. No Waiver. The failure of any party to insist on the strict performance of any covenant or duty required by this Amendment, or to pursue any remedy under this Amendment, shall not constitute a waiver of the breach or the remedy.
12. Construction of Amendment. The Parties, through counsel, have thoroughly reviewed this Amendment and have had the opportunity to clarify any potential ambiguities. As such, the normal rule that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Amendment.
13. Entire Agreement. This Amendment and the Agreement that it amends sets forth the entire understanding of the Parties in connection with the subject matter herein. Neither of the Parties have made any statement, representation, or warranty in connection with this Agreement that has been an inducement for the other to enter into this Amendment or the underlying Agreement, except as is expressly set forth in this Amendment and the underlying Agreement.
The Parties agree that they will make no claim at any time or place that this Amendment or the underlying Agreement has been orally altered or modified or otherwise changed by oral communication of any kind or character.
14. Effect of Void or Unenforceable Agreement or Amendment. If Tech Park has paid any monetary consideration under Section 3 of this Amendment, then the City agrees it shall release any claims it may have that any provision of this Agreement or its Amendment are void or unenforceable.
15. Counterparts. This Amendment may be executed in one or more counterparts and each counterpart will be considered an original and binding to the party executing it. A copy of a Party’s signature shall be treated the same as an original. Electronic or scanned pdf signatures are also valid as an original.
IN WITNESS HEREOF, the following Parties have executed this Amendment:
City of Campbell
Dated: _____________, 2024 By _________________________________ Brian Loventhal, City Manager
Campbell Technology Park, LLC
Dated: _____________, 2024 By_________________________________ _________________, its _____________
August 22
Tim Pasquinelli
Managing Member