City Council Subcommittee Agendas and Minutes

City Council Legislative Subcommittee Agenda 70 N. First Street, Campbell CA Thursday, April 15,2021 3:00 pm VIA Telecommunication NOTE: To protect our constituents, City officials, and City staff, the City requests all members of the public follow the guidance of the California Department of Health Services, and the County of Santa Clara Health Officer Order, to help control the spread of COVID-19. Additional information regarding COVID-19 is available on the City’s website at www.campbellca.gov. This Legislative Subcommittee Meeting will be conducted via telecommunication and is compliant with provisions of the Brown Act and Executive Order N-29-20 issued by the Governor. The following Subcommittee members are listed to permit them to appear electronically or telephonically at the Legislative Subcommittee meeting on Thursday, April 15, 2021: Mayor Elizabeth “Liz” Gibbons and Councilmember Sergio Lopez. Members of the public will not be able to attend meetings at the Campbell City Council Chamber physically. The Legislative Subcommittee Meeting will be live streamed on YouTube (https://www.youtube.com/user/cityofcampbell) Public comment for the City Council meeting will be accepted via email at clerksoffice@campbellca.gov prior to the meeting. Please indicate in the subject line “FOR PUBLIC COMMENT.” Comments will be read during the Oral Requests comment period. Written comments received by 12:00 p.m. on Thursday, April 15, 2021 will be posted on the website and distributed to the subcommittee before the meeting. Special Meeting of the Legislative Subcommittee CALL TO ORDER PUBLIC COMMENT New Business 1. 2021 State Legislation - Bills to Watch* Recommended Action: Continue discussion on 2021 State Legislation and provide direction to staff on position letters with focus on the following new bills added to the matrix: a. SB 9 (Atkins) Housing Development: Approvals – Consider position based on CalCities change to Oppose (Page 4) b. SB 556 (Dodd) Streetlight poles, traffic signals: small wireless facilities attachments – Oppose (Request from CalCities to Oppose, Page 7) c. SB 67 (Becker) Clean energy: California 24/7 Clean Energy Standard Program (Page 8) d. SB 619 (Laird) Organic waste: reduction regulations – Support position requested by Councilwoman Landry. ADJOURN *2021 State Legislation Bills Matrix *ACA 1: Support *SB 9: Oppose *SB 556: Oppose *Indicates attachment to Agenda Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act (ADA), if you need assistance to participate in the Legislative Subcommittee meeting, please contact Diana Johnson in the City Manager’s Office at 408-866-2125 or by e-mail dianaj@campbellca.gov  2021 Legislation - Bills to Watch Bill Sponsor(s) Summary Position Hearing Date HOUSING ACA 1 Local Aguiar- The California Constitution prohibits the ad valorem tax rate on real Support - government Curry property from exceeding 1% of the full cash value of the property, subject Draft Letter financing: to certain exceptions. This measure would create an additional exception to Attached. affordable the 1% limit that would authorize a city, county, city and county, or special housing and district to levy an ad valorem tax to service bonded indebtedness incurred Hearing public to fund the construction, reconstruction, rehabilitation, or replacement of Date Not infrastructure: public infrastructure, affordable housing, or permanent supportive housing, Set. voter or the acquisition or lease of real property for those purposes, if the approval. proposition proposing that tax is approved by 55% of the voters of the city, county, or city and county, as applicable, and the proposition includes specified accountability requirements. AB 59 Gabriel Current law authorizes any party to protest the imposition of a fee, Watch Hearing Date Not Mitigation dedication, reservation, or other exactions imposed on a development Set (Local Fee Act: Fees: project within 90 or 120 days of the imposition of the fee, as applicable, and Government and Notice and specifies procedures for those protests and actions. The Mitigation Fee Act Housing and Timelines imposes the same requirements on a local agency for a new or increased Community fee for public facilities. Current law, for specified fees, requires any judicial Development) action or proceeding to attack, review, set aside, void, or annul an ordinance, resolution, or motion adopting a new fee or service charge or modifying an existing fee or service charge to be commenced within 120 days of the effective date of the ordinance, resolution, or motion. Current law also provides that, if an ordinance, resolution, or motion provides for an automatic adjustment in a fee or service charge and the adjustment results in an increase in the fee or service charge, that any action to attack, review, set aside, void, or annul the increase to be commenced within 120 days of the increase. This bill would increase, for fees and service charges and for fees for specified public facilities, the time for mailing the notice of the time and place of the meeting to at least 45 days before the meeting. AB 71 Luz Rivas, Establishes a revenue source to fund various State programs focused on Watch 4/19/21 - Statewide Bloom, solving the homeless crisis. Assembly Homelessness 1  2021 Legislation - Bills to Watch Bill Sponsor(s) Summary Position Hearing Date Solutions Chiu, and Creates a funding source for developers to develop housing with wrap- Revenue and Program Wicks around services (continuum of care) in certain jurisdictions. Taxation AB 115 Bloom Housing development an authorized use on a site designated for Watch 4/15/21 Assembly Planning and commercial if at least 20 percent of the project units are deed-restricted Housing and Zoning: affordable. The development would need to comply with all local standards, Community Housing including: Development Development — Not adjacent to industrial uses and is more infill in nature with urban uses on 75 percent of the perimeter; and — Height limits, FAR, and density thresholds are defined in the law that takes into consideration local standards but is the greatest of the standards. • This bill would sunset on January 1, 2031. (Similar to SB 6) AB 215 Chiu The Planning and Zoning Law requires a city or county to adopt a general Watch 4/15/21 Assembly Housing plan for land use development within its boundaries that includes, among Housing and Element other things, a housing element. That law requires the Department of Community Housing and Community Development (HCD) to determine whether the Development housing element is in substantial compliance with specified provisions of that law. That law also requires HCD to notify a city, county, or city and county, and authorizes HCD to notify the office of the Attorney General, that the city, county, or city and county is in violation of state law if HCD finds that the housing element or an amendment to the housing element does not substantially comply with specified provisions of the Planning and Zoning Law, or that the local government has taken action or failed to act in violation of specified provisions of law. This bill would add the Housing Crisis Act of 2019 to those specified provisions of law. AB 617 Davies Would authorize a city or county, by agreement, to transfer all or a portion Watch Hearing Date Not Planning and of its allocation of regional housing need to another city or county. The bill Set (Local Zoning: would allow the transferring city to pay the transferee city or county an Government and Regional amount determined by that agreement, as well as a surcharge to offset the Housing and Housing impacts and associated costs of the additional housing on the transferee Community Needs: city. The bill would also require the transferring city or county and the Development) 2  2021 Legislation - Bills to Watch Bill Sponsor(s) Summary Position Hearing Date Exchange of transferee city or county to report to the council of governments and the Allocation department specified information about the transfer, as provided. AB 1258 Nguyen Current law requires each city, county, or city and county to prepare and Oppose Hearing Date Not Housing adopt a general plan for its jurisdiction that contains certain mandatory Set (Re-referred Element: elements, including a housing element. Under existing law, a part of the Re-referred to Committee on Regional housing element is an assessment of housing needs, which includes the to HCD – no Housing and Housing Need locality’s share of the regional housing need. Under existing law the hearing Community Plan: Judicial appropriate council of governments, or for cities and counties without a date set. Development) Review council of governments, the Department of Housing and Community Development, adopts a final regional housing need plan that allocates a share of the regional housing need to each locality in the region. This bill would subject the final regional housing need plan to judicial review. AB 1401 Friedman Would prohibit a local government from imposing a minimum parking Watch 4/14/21 Assembly Residential requirement, or enforcing a minimum parking requirement, on residential, (Need more Local and commercial, or other development if the development is located on a parcel info) Government commercial that is within one-half mile walking distance of public transit, as defined, or Committee development: located within a low-vehicle miles traveled area, as defined. parking requirements. SB 5 Housing Atkins, Authorizes Legislature to issue bonds. Proceeds from bonds would be Watch No Hearing Date Bond Act Caballero, directed toward housing finance activities focused on homelessness and ELI, Set. Senate McGuire, VLI households. Unclear if the funds would be directed into existing Housing Rubio, programs that serve these populations or if new programs would be Skinner, established. and Wiener SB 6 Local Caballero, This bill designates a housing development project, a parcel within a Watch 4/29/21 Senate Planning: Eggman, commercial zone not adjacent to an industrial site, as an allowable use on a Housing Housing: and Rubio neighborhood lot if it complies with various requirements, one of which includes: the density for a housing development must meet or exceed the 3  2021 Legislation - Bills to Watch Bill Sponsor(s) Summary Position Hearing Date Commercial density appropriate for lower income households according to the local Zones jurisdiction. (Similar to AB 115) SB 8 Density Skinner • Reduces the incentive criteria for LI: 17 percent for two incentives and 24 Watch 4/29/21 Senate Bonus percent for three incentives (down from 20 percent and 30 percent, Housing respectively). • Increases density bonus maximum to 50 percent for MOD. • Adjustments to transit and parking. • Allows the City SB 9 Housing Atkins, • Allows for split lots in areas currently zoned single-family. Watch - 4/15/21 Senate Development: Caballero, • Two-unit projects ministerial approval. Draft Letter Housing Approvals Rubio, and • The City can develop standards as long as they do not physically preclude Attached. Wiener development. CalCities: Oppose SB 10 Wiener Would allow for small projects of 10 or fewer units to be approved without Watch 4/22/21 Senate Planning and going through extended environmental reviews. (Comment: Governance and Zoning: • Focused on jobs-rich, urban infill areas within the City. Why 10 Finance Housing units?) Development: Density SB 15 Housing Portantino Grant program to assist local government to rezone idle retail sites (big box Support – Placed on Development: or commercial shopping centers) for work force housing. This would be an Letter Suspense File Incentives: annual grant. Submitted (4/5/21) The Rezoning • Idle defined as at least 80 percent of leased or rentable square footage on 3/30/21 of Idle Retail not occupied for at least one year. Sites Zoning would be by right. • Work force housing for lower- or moderate-income households with 55- year affordability term for a rental and 45-year term for ownership. SB 478 Wiener The Planning and Zoning Law requires a city or county to adopt a general Watch 4/12/21 Senate Planning and plan for land use development within its boundaries that includes, among Housing Re- Zoning Law: other things, a housing element. The law also requires the Department of referred to housing Housing and Community Development to notify the city, county, or city and 4  2021 Legislation - Bills to Watch Bill Sponsor(s) Summary Position Hearing Date development county, and authorizes the department to notify the Attorney General, that Housing projects. the city, county, or city and county is in violation of state law if the Committee department finds that the housing element or an amendment to that element, or any specified action or failure to act, does not substantially comply with the law as it pertains to housing elements or that any local government has taken an action in violation of certain housing laws. This bill would prohibit a local agency, as defined, from imposing specified standards, including a minimum lot size that exceeds an unspecified number of square feet on parcels zoned for at least 2, but not more than 4, units or a minimum lot size that exceeds an unspecified number of square feet on parcels zoned for at least 5, but not more than 10, units. SB 765 The Planning and Zoning Law, among other things, provides for the creation Watch 4/15/21 Senate Accessory of accessory dwelling units by local ordinance, or, if a local agency has not Housing dwelling adopted an ordinance, by ministerial approval, in accordance with specified units: standards and conditions. Current law prohibits a local agency’s accessory setbacks. dwelling unit ordinance from imposing a setback requirement of more than 4 feet from the side and rear lot lines for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. This bill would remove the above-described prohibition on a local agency’s accessory dwelling unit ordinance, and would instead provide that the rear and side yard setback requirements for accessory dwelling units may be set by the local agency. The bill would authorize an accessory dwelling unit applicant to submit a request to the local agency for an alternative rear and side yard setback requirement if the local agency’s setback requirements make the building of the accessory dwelling unit infeasible. TRANSPORTATION AB 1091 Santa Berman Current law creates the Santa Clara Valley Transportation Authority Oppose – Hearing Date Not Clara Valley (VTA) with various powers and duties relative to transportation projects Letter Set. Local Transportation and services and the operation of public transit in the County of Santa Pending Governance Authority: Board Clara. Current law vests the government of the VTA in a 12-member Committee of Directors board of directors whose terms of office are two years. Under existing 5  2021 Legislation - Bills to Watch Bill Sponsor(s)Summary Position Hearing Date law, only members of the county board of supervisors and city council members and mayors of cities in the county are authorized to serve on the board. Current law provides for the appointment of the board members by those local governments, as specified. This bill, on and after July 1, 2022, would reduce the size of the board to 9 members, increase their terms of office to 4 years, and provide for residents living in the county, rather than local officials, to serve on the board, as specified. BROADBAND AB 14 Aguiar- Existing law establishes the State Department of Education in state 4/14/21 Communications: Curry government, and vests the department with specified powers and duties Assembly Broadband relating to the state’s public school system. This bill would authorize Communications Services: local educational agencies to report to the department their pupils’ and Conveyance California estimated needs for computing devices and internet connectivity Advanced adequate for at-home learning. The bill would require the department, in Services Fund consultation with the Public Utilities Commission, to compile that information and to annually post that compiled information on the department’s internet website. AB 34 Muratsuchi Would propose a $10 billion general obligation bond measure on the 4/14/21 Communications: November 2022 ballot to provide funding for statewide broadband Assembly Broadband for infrastructure in unserved and underserved communities throughout the Communications All Act of 2022 State, and funds could be allocated to cities, among other entities. and Conveyance SB 4 Gonzalez Current law establishes the Governor’s Office of Business and Economic 4/12/21 Passed Communications: Development, known as “GO-Biz,” within the Governor’s office to serve from California the Governor as the lead entity for economic strategy and the marketing Committee—re- Advanced of California on issues relating to business development, private sector refer to Judiciary Services Fund investment, and economic growth. This bill would require the office to Committee coordinate with other relevant state and local agencies and national organizations to explore ways to facilitate streamlining of local land use approvals and construction permit processes for projects related to broadband infrastructure deployment and connectivity. 6  2021 Legislation - Bills to Watch Bill Sponsor(s) Summary Position Hearing Date SB 556 Dodd Would prohibit a local government or local publicly owned electric utility Oppose – 4/19/21 Streetlight poles, from unreasonably denying the leasing or licensing of its street light Draft Letter traffic signals: poles or traffic signal poles to communications service providers for the Attached small wireless purpose of placing small wireless facilities on those poles. The bill would facilities require that street light poles and traffic signal poles be made available attachments for the placement of small wireless facilities under fair, reasonable, and nondiscriminatory fees, subject to specified requirements, consistent with a specified decision of the Federal Communications Commission. GOVERNANCE AB 339 State Lee Current law requires all meetings, as defined, of a house of the Legislature or Hearing Date Not and Local a committee thereof to be open and public, and requires all persons to be Set. Government: permitted to attend the meetings, except as specified. This bill would require Open all meetings, including gatherings using teleconference technology, to include Meetings an opportunity for all persons to attend via a call-in option or an internet- based service option that provides closed captioning services and requires both a call-in and an internet-based service option to be provided to the public. SB 278 Public Leyva Would establish new procedures under Public Employees’ Retirement Law Oppose – 4/19/21 Senate Employees’ (PERL) for cases in which PERS determines that the benefits of a member or Letter Appropriations Retirement annuitant are, or would be, based on disallowed compensation that conflicts Submitted System: with PEPRA and other specified laws and thus impermissible under PERL. The on 3/30/21 disallowed bill would also apply these procedures retroactively to determinations made compensation: on or after January 1, 2017, if an appeal has been filed and the employee benefit member, survivor, or beneficiary has not exhausted their administrative or adjustments. legal remedies. At the threshold, after determining that compensation for an employee member reported by the state, school employer, or a contracting agency is disallowed, the bill would require the applicable employer to discontinue the reporting of the disallowed compensation. The bill would require that contributions made on the disallowed compensation, for active members, be credited against future contributions on behalf of the state, school employer, or contracting agency that reported the disallowed compensation and would require that the state, school employer, or 7  2021 Legislation - Bills to Watch Bill Sponsor(s) Summary Position Hearing Date contracting agency return to the member any contributions paid by the member or on the member’s behalf. REVENUE AND TAXATION SB 555 Local McGuire This bill would authorize a local agency to enact an ordinance exclusively Support – 4/20/21 Senate Agencies: delegating its authority to collect any transient occupancy tax imposed by that Letter Judiciary (Re- Transient local agency on short-term rentals to the California Department of Tax and Submitted referred from Occupancy Fee Administration and to enter into a contract with the department for on 3/22/21 Governance & taxes: Online purposes of registration, rate posting, collection, and transmission of Finance Short Term revenues necessary to collect and administer any transient occupancy tax Committee on Rental imposed on a short-term rental as specified in this bill. 4/12/21 Facilitator: Collection This bill would require the department to perform those functions, as specified, and would require all local charges collected by the department to be deposited in the Local Charges for Short-term Rentals Fund, which would be created by the bill in the State Treasury. This bill would continuously appropriate all amounts in the fund to the department and would require the department to transmit the funds to the local agencies periodically as promptly as feasible, as provided. Local agencies that do not currently have a TOT collection agreement would be able to opt-in to the program. AB 1181 Fees: Nguyen Would prohibit cities and counties, including charter cities and counties, from Oppose- Hearing Date Not business R imposing or collecting license fees from restaurants from January 1, 2020, to Letter Set. Assembly licenses: December 31, 2021, as provided, and would require the city or county to Pending Governmental alcoholic refund to a restaurant any license fees collected during that period. By Organization beverages: imposing new duties on cities and counties with respect to imposing or health permits collecting specified license fees, and by requiring that the fees be refunded, this bill would impose a state-mandated local program. ENERGY AB 987 Low Would require increased reporting for Investor Owned Utilities on planned and Support – Hearing date Electrical unplanned electricity outages (City of San Jose is a sponsor) Letter Not Set Corporations: Pending (Assembly Reporting. Utilities and Energy) 8  2021 Legislation - Bills to Watch Bill Sponsor(s) Summary Position Hearing Date SB-67 Clean Becker Current law establishes as policy of the state that eligible renewable energy CalCities: 4/26/21 Senate energy: resources and zero-carbon resources supply 100% of retail sales of electricity Watch Energy, Utilities California 24/7 to California end-use customers and 100% of electricity procured to serve all and Clean Energy state agencies by December 31, 2045. This bill would revise that policy to Communications Standard establish a goal that 100% of electrical load be supplied by eligible clean Program energy resources, as defined. The bill would establish the California 24/7 Clean Energy Standard Program, which would require that 85% of retail sales annually and at least 60% of retail sales within certain subperiods by December 31, 2030, and 90% of retail sales annually and at least 75% of retail sales within certain subperiods by December 31, 2035, be supplied by eligible clean energy resources, as defined. ENVIRONMENTAL AB 377 Water Rivas Would require all California surface waters to attain applicable beneficial uses Oppose- 4/21/21 quality: by January 1, 2050. The bill would require the state board and regional boards, Letter Assembly impaired when issuing an NPDES permit, a waste discharge requirement, or a waiver of Submitted on Environmental waters. a waste discharge requirement, to require that the discharge to surface water 4/13/21 Safety and Toxic does not cause or contribute to an exceedance of an applicable water quality Materials standard in receiving waters, and to not authorize the use of a best management practice permit term to authorize a discharge to surface water that causes or contributes to an exceedance of an applicable water quality standard in receiving waters. SB-619 Organic Laird Current law requires the Department of Resources Recycling and Recovery, in CalCities: 4/29/21 – waste: consultation with the state board, to adopt regulations to achieve those Watch. Senate reduction targets for reducing organic waste in landfills, and authorizes those regulations Environmental regulations to require local jurisdictions to impose requirements on generators or other Quality relevant entities within their jurisdiction, to authorize local jurisdictions to impose penalties on generators for noncompliance, and to include penalties to be imposed by the department for noncompliance. Current law provides that those regulations shall take effect on or after January 1, 2022, except that the imposition of penalties by local jurisdictions pursuant to the regulations shall not take effect until 2 years after the effective date of the regulations. This bill would delay the effective date of the regulations from January 1, 2022, to January 1 of an unspecified year, and would provide that the operative date of 9  2021 Legislation - Bills to Watch Bill Sponsor(s) Summary Position Hearing Date each of the requirements in the regulations in effect as of December 31, 2021, shall be an unspecified amount of years after the operative date identified in the regulations. 10 March 22, 2021 Awaiting Committee Hearing Sacramento, California 95814 VIA California Legislature Advocates Portal SUBJECT: SUPPORT – ACA 1 – 55% Vote for Local Affordable Housing and Public Infrastructure. Dear Senator McGuire: The City of Campbell would like to express its support for Constitutional Amendment 1 (ACA 1), which would lower the voter approval requirement from a two-thirds supermajority to a 55 percent supermajority for local affordable housing and public infrastructure funding measures. Like many other cities, Campbell faces numerous challenges in securing funding for important local public infrastructure projects. As policy makers, we have observed how Proposition 39 has helped local school districts receive voter approval for facilities bonds that required a 55 percent approval threshold. Additionally, statewide bond measures only require a simple majority of votes to pass. ACA 1 will level the playing field and create parity between school districts and cities, counties, and special districts, so that all local governments have a viable financing tool to address community needs. The City of Campbell supports the requirements in the bill that call for voter protection, public notice, and financial accountability. A majority of the voters will continue to decide whether they support housing and infrastructure projects in their jurisdictions. We urge your support of ACA 1 so that it may pass from your Committee. Sincerely, Elizabeth ‘Liz’ Gibbons, AIA Mayor April 1, 2020 Honorable Senator Wiener, Chair Senate Housing Committee State Capitol, Room 2209 Sacramento, California 95814 VIA California Legislature Advocates Portal SUBJECT: OPPOSE UNLESS AMENDED - SB 9 (Atkins) Housing Developments. Approvals. The City of Campbell writes to express an Oppose Unless Amended position on SB 9 (Atkins) which would require a local government to ministerially approve a housing development containing two residential units in single-family residential zones. Additionally, this measure would require local governments to ministerially approve urban lot splits. The ministerial approval of these projects eliminates public review and input. Public engagement is one of the City’s core strategic priorities, as the City believes that those who are affected by a decision have a right to be involved in the decision-making process. SB 9 overrides local land use plans and regulations that have been crafted and shaped by the collaborative work between residents, staff and other decision-making bodies. The City of Campbell understands the significance of the state’s housing crisis. However, the City cannot support legislation that disrupts general plans, erodes public participation and can lead to detrimental environmental impacts. Unless amended to allow cities to determine a range of lot sizes suitable for SB 9 development projects, continue to determine parking standards, and maintain the ability to consider local conditions when reviewing housing project applications, the City of Campbell respectfully opposes SB 9. Sincerely, Elizabeth ‘Liz’ Gibbons Mayor The deadline to send letters to the Senate Energy, Utilities, and Communications Committee is April 14 by noon. April 1, 2020 The Honorable Ben Hueso Chair, Senate Energy, Utilities, and Communications Committee State Capitol Building, Room 4035 Sacramento, CA 95814 VIA California Legislature Advocates Portal SUBJECT: OPPOSE – SB 556 (Dodd) Street Light Poles, Traffic Signal Poles, Utility Poles, and Support Structures: Attachments (As Amended 03/16/21) The City of Campbell respectfully opposes SB 556 (Dodd) related to wireless broadband infrastructure deployment. SB 556 directly conflicts with the Federal Communications Commission's (FCC) adopted regulations on wireless services deployment, which the City of Campbell is already actively implementing. This bill would require local governments to make space available to telecommunications providers without recognizing local authority to manage the public right-of-way preserved in federal law. FCC regulations explicitly enable local governments to ensure that such installations meet appearance and design standards, maintain traffic safety, protect historical resources' integrity, and safeguard citizens' quality of life. Additionally, SB 556 creates ambiguity in the fees local governments can charge for access to their infrastructure. Federal law explicitly outlines conditions for valid fees, limiting fees to a "reasonable approximation of the local government's actual and direct costs," including costs to maintain a structure within the right-of-way, process an application or permit, and review a siting application. SB 556, on the other hand, chooses not to incorporate these federal standards, further restricting fees to "actual cost" and "reasonable actual cost." SB 556 should not change the fee language that was already decided at the federal level. As the City of Campbell has been working to implement FCC regulations on wireless deployment, traffic signal poles, in particular, have been an example of why local authority is important. The City maintains safety related equipment on these poles and reserves this space for this equipment to avoid interference or crowding. To protect the public's investment, the control of the public rights-of- way must remain local. For these reasons, the City of Campbell opposes SB 556. Sincerely, Elizabeth ‘Liz’ Gibbons Mayor