Site - DT Garage - 2000
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CALIFORNIA DEPARTMENT OF FISH AND GAME
CERTIFICATE OF FEE EXEMPTION
De Minimis Impact Finding
Project Title/Location (include county):
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Downtown Campbell Parking Structure
Civic Center Drive between Second and Third Streets
City of Campbell, Santa Clara County
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Project Description:
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A three level, 300 space public parking structure
Findings of Exemption (attach as necessary):
The Campbell City Council granted a Negative Declaration based upon the findings in
the initial study prepared for this project which determined that no effects to wildlife or
tÜe environment will result from development of this project.
Certification:
I hereby certify that the public agency has made the above finding and that the project
will not individually or cumulatively have an adverse effect on Viildlife resources, as
defined in Section 711.2 of the Fish and Game c~ 1/
SIgnature: . ~
Title: ¡(£íJrvttb¡;~1-/ /(/¿"-f-
City of Camp bel Redevelopment Agency
Date:
( ',,)' of Camp bel/
City
Council
Report
Item: 9.
Category: Public Hearing
Date: April 18, 2000
TITLE:
Approval of the Conceptual Design For A New Downtown Public Parking
Structure
RECOMMENDATION:
1. Adopt Resolution making a mitigated negative declaration in compliance with CEQA
that this project does create a significant impact.
2. Approve the Conceptual Design for the Downtown Parking Structure.
BACKGROUND
After an extensive analysis and site selection process in early 1999, the Redevelopment Agency
Board and City Council identified a site along Civic Center Drive between Second and Third
Streets for a new downtown parking structure. Subsequently, the Agency Board approved a
design services contract with Gordon Chong & Partners in August, 1999 to prepare the
conceptual design for a new downtown parking structure. The City Council appointed a
Downtown Parking Structure Oversight Committee to provide direction and feedback during the
design process. The Council also directed staff to hold neighborhood meetings to receive input.
The Oversight Committee members included:
Councilmember Dean
Councilmember Watson
Planning Commissioner Mel Lindstrom
Planning Commissioner Liz Gibbons
Downtown Business Owner, Eileen Tam
Downtown Business Owner and Property Owner, Laurie Doss
Downtown Resident, Susan Blake
The Committee met on three different occasions with the architect and staff during the design
process. From those meetings the Oversight Committee recommended the design concept
presently before the City Council. On March 7, 2000 the conceptual design was presented at a
City Council Study Session. The Council, expressing support for the design concept, directed
staff to move forward with the process.
Approval of the Conceptual Design For a New Downtown Parking Structure
Page 2 of5
DISCUSSION
Planning Commission
On March 28, 2000 the Planning Commission adopted a resolution making the appropriate
findings under Government Code Section 65402 that the proposed acquisition of property for use
as a parking structure is consistent with the General Plan. Additionally, the Commission
considered the environmental assessment prepared by David Powers and Associates in
compliance with CEQA and recommended to the City Council that it adopt a mitigated negative
declaration.
Staff also presented the conceptual design of the parking structure to the Planning Commission
for review and comment. In response to the conceptual design presentation, the Planning
Commission made the following recommendations:
1. That the Redevelopment Agency Board consider acquisition of all properties
within the Second and Third Street block and integrate the redevelopment of the
entire block, possibly using one developer.
Staff Response: Staff presented to the City Council at its Study Session and to the Planning
Commission a proposal to designate property fronting the north side of E. Campbell A venue
between Second and Third Streets as a master developer site with the exception of the two
story office building at the northeast corner of Third Street and E. Campbell Avenue (155 E.
Campbell Avenue). The Planning Commission indicated it would like the Agency to look at
acquiring that building as well. Staff has looked at that alternative and has determined that
the economics of acquiring the building as a part of the master developer site could
considerably jeopardize the economics of the master developer site. The building is
approximately 12,000 square feet with considerable value and currently houses
approximately 30 small businesses for which the Agency would be responsible for acquiring
leases and relocation.
However, making the entire area (exclusive of the building at 155 E. Campbell Avenue) a
master developer site is prudent to accomplish land assembly and provide more flexibility in
minor shifting of the parking structure to accommodate the best use of the remaining property
along Campbell Avenue for commercial uses.
Staff is not recommending one developer for both the parking structure and commercial
development. The Agency would still design and build the parking structure and a selected
master developer would develop the commercial component. As the Council is aware, the
Agency is financing the parking structure with the proceeds from tax exempt bonds. In order
to maintain the tax exempt status of the bonds, certain restrictions apply in the use of the
bond proceeds. According to the Agency's bond counsel, use of a private developer to
design and build the parking structure could jeopardize the tax exempt status of the bonds.
Approval of the Conceptual Design For a New Downtown Parking Structure
Page 3 of 5
2. On a 4-3 vote of the Commission, it was recommended that the City Council not
approve the conceptual design until the Planning Commission has had an
opportunity to review the final design in similar process as would be typical for a
private development application.
Staff Response: The downtown parking structure is a capital project which was approved
in the 1999/00 CIP. The responsibility for reviewing and approving CIP projects has
historically been with the City Council. However, realizing this CIP project was unique
given its presence in downtown, the City Council approved a Conceptual Design Approval
Process in August, 1999 which included the appointment of a Community Oversight
Committee. On that Committee, two Planning Commissioners were appointed along with
two Councilmembers and representatives from the adjoining neighborhood and downtown
business community. Additionally, the Council provided for the full Planning Commission
the opportunity to review the conceptual design and forward comments to the City Council.
The Planning Commission will have review of any private development proposed within the
master developer site.
The City's Municipal Code does not address the approval process for Capital Projects nor
does it specify the role of the Planning Commission in the CIP process. In accordance with
State law, the Planning Commission currently reviews the annual CIP Program to ensure that
the projects are consistent with the City's General Plan. The City Attorney will come back
to the City Council at a future date with an amendment to the Municipal Code addressing the
review of CIP projects.
Environmental Assessment
Attached is the environmental assessment prepared by David Powers and Associates in
~ompliance with the California Environmental Quality Act (CEQA) for review and consideration
by the City Council. There are no significant environmental impacts associated with this project
and a mitigated negative declaration is being recommended.
Design Characteristics
Attached to this report are schematic elevations illustrating the design concept. The facts about
the garage are as follows
Location: The parking structure will occupy approximately 37,000 square feet of land area
along Civic Center Drive between Second and Third Streets.
Height: The structure will be three levels with two levels above grade, approximately 25
feet high. Elements of the structure will be higher including the elevator shaft at
the southeast corner that will reach 40 feet.
# of Spaces: Approximately 290-300 spaces depending upon final design.
Approval of the Conceptual Design For a New Downtown Parking Structure
Page 4 of5
Design: The parking structure design concept is to create a traditional commercial building
appearance along the Second and Third Streets elevations with a more natural
landscape treatment along Civic Center Drive.
This is accomplished with the use of brick for the Second and Third Street
elevations. The brick is utilized in a variety of patterns, including running bond,
soldier courses and angled configurations to create an interesting and varied
surface. The brick is complimented with the use of a stone base material along the
bottom of the structure and decorative metal grill work for the window like
openings and awnings. The top of the structure is capped by a decorative stone
cornice. Decorative terra cotta medallions are also planned at high visibility
locations to denote items of local historical significance.
The building form on the Second and Third Street elevations and at the returns is
articulated by a strong base, middle, top configuration. The use of arches, narrow
building-like column spacing and decorative elevator tower combine to make the
parking structure relate as a traditional downtown building.
The Civic Center Drive frontage will transition from the brick building forms to a
landscaped screen wall consisting of decorative metal forms that relate visually to
the
Second and Third Street elevations. The landscape treatment will include a
double, staggered row of trees, climbing vines on the metal work, shrubs and
ground cover. The parking structure will be setback 15 feet from the street. The
five foot landscape area and a ten foot wide sidewalk will be incorporated where
currently none exists. This design relates the structure to the commercial core it
serves and provides a transition to the residential neighborhood.
Access:
Both ingress and egress to be taken from Second and Third Streets.
At the time the Agency Board selects a master developer ( probably in June 2000), staff will
request authorization to proceed with a professional services contract to prepare plans,
specifications and engineering.
Neighborhood Meetings
Staff conducted two neighborhood meetings during the design process. The first one was held on
November 4, 1999 and the second one on February 8, 2000. Approximately 120 notices were
sent to residences living in the First, Second and Third Street neighborhood bordered by Latimer
A venue to the north. There were eight to 10 residences represented at each of the meetings.
There was not a concern expressed by those in attendance about design. The primary concern
was perceived cut-through traffic into their neighborhood, particularly on Second and Third
Streets. Prior to the second meeting, staff had Fehr & Peers, traffic consultants, prepare a traffic
Approval of the Conceptual Design For a New Downtown Parking Structure
Page 5 of 5
analysis for the parking structure based on full build out of the downtown which is contained in
the environmental assessment.
The traffic study found that existing daily trip counts on Third Street exceeded the threshold
identified in the General Plan for local streets. The Public Works Director has indicated that
Third Street area would be a candidate for review when the Neighborhood Traffic Policy is
established for addressing neighborhood traffic issues. As for the impacts of the new parking
structure, the traffic study indicated that while there would be minimal increases in neighborhood
traffic, it would not be considered significant.
FISCAL IMP ACT
There is no fiscal impact associated with this action.
Prepared by: Approved by:
Attachments: Resolution
Design Elevations
Environmental Assessment Study
Minutes from March 28th Planning Commission Mtg.
RESOLUTION NO.
A JOINT RESOLUTION OF THE CITY OF CAMPBELL CITY COUNCIL AND CITY
OF CAMPBELL REDEVELOPMENT AGENCY BOARD
ADOPTING A MITIGATED NEGATIVE DECLARATION IN COMPLIANCE WITH
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) IN
CONSIDERATION OF THE APPROVAL OF THE CONCEPTUAL DESIGN OF A
NEW DOWNTOWN PARKING STRUCTURE
WHEREAS, The City of Campbell Redevelopment Agency (the" Agency") has
identified a site in downtown Campbell for a new three level, 300 space parking structure (the
"Project") to serve current and future parking demands as a result of revitalization and
redevelopment activity in downtown Campbell.
WHEREAS, The City of Campbell Redevelopment Agency jointly with the City of
Campbell City Council (the" City Council") is considering the approval of the conceptual
design of the Project to be sited between Campbell Avenue and Civic Center Drive, and
Second and Third Streets in downtown Campbell; and
WHEREAS, an Initial Study and environmental assessment have been prepared by
David Powers and Associates, environmental consultants, in compliance with the California
Environmental Quality Act (CEQA); and
WHEREAS, the Redevelopment Agency serves as the "lead agency" and the City
serves a "responsible agency" under CEQA in the preparation of the environmental assessment
adoption of the mitigated negative declaration;
WHEREAS, through this resolution, the City Council and Redevelopment Agency
Board desire to comply with the State CEQA Guidelines in consideration and approval of the
mitigated negative declaration:
WHEREAS, the Initial Study and environmental assessment document identify no
significant environmental impacts as a result of the proposed new parking structure.
THEREFORE, BE IT RESOLVED, that the City Council and the Agency, fmd in
their independent judgment, that the environmental assessment for the Project has been
completed in compliance with CEQA and adopt this resolution making the mitigated negative
declaration fmding that the Project will not result in significant environmental effects on the
environment.
PASSED AND ADOPTED, this 18th day of April, 2000 by the following roll call
vote:
A YES: CouncilmemberslBoardmembers
NOES: CouncilmemberslBoardmembers
ABSTAIN: CouncilmemberslBoardmembers
ABSENT: Councilmembers/Boardmembers
APPROVED:
Jane Kennedy, Mayor and Board
Chairperson
ATTEST:
Anne Bybee, City Clerk! Agency Secretary
j : \corp. reso
Planning Commission Minutes of March 28, 2000
Page 6
***
MISCELLANEOUS
3. Staff
Review and comment on conceptual design for Downtown Parking
Structure located on Civic Center Drive between Second and Third
Streets in the C-3-S (Central Business District) Zoning District.
Tentative City Council Meeting Date: April 18, 2000.
Chairperson Gibbons advised that the Commission is actually being asked to consider the
following:
1. A finding that the proposed use is compatible to the City's General Plan.
2. Support for the acquisition of the parcels.
3. Support for the Land Use.
4. Recommendation for the adoption of a Negative Declaration.
Mr. Kirk Heinrichs, Redevelopment Manager, presented the staff report as follows:
· Advised that in early 1999, Council authorized an extensive analysis for a new downtown
parking structure.
· Added that Council identified the site and authorized a contract with Gordon Chung &
Associates for the conceptual design of the parking structure.
· Council later appointed an oversight committee, which met three times between October
1999 and February 2000.
· At a Council Study Session on March 7, the design concepts were presented and Council
authorized staff to proceed.
· On April 18th, Council will be reviewing the design concept and will authorize the
development of a Master Development Plan for this project.
· Advised that the Planning Commission must make a finding that this proposal is consistent
with the City's General Plan.
· Added that the Commission's comments on the design will be forwarded to Council.
· Advised that an Environmental Assessment was prepared by David Powers & Associates
which included a Traffic Study.
· The proposed parking structure will include 37,000 square feet on three levels, one at grade
and two above grade. There will be approximately 300 spaces.
· The average height for the structure is 25-26 feet with some areas higher. The elevator shaft
is 40 feet high.
· Advised that DKS Associates did a study and determined that between 250 and 350 parking
spaces are needed in the parking structure.
· Building materials include brick (used in a variety of applications and directions), terra cotta
tile, and metal grills. Consideration is being given to including public art on the wall at Civic
Center Drive and Second Street.
· The trellis metal grill with landscaping within a five-foot planter and sidewalk with
streetscape and street trees will be incorporated.
Planning Commission Minutes of March 28, 2000
Page 7
· Advised that two neighborhood meetings were held and noticed to the residents of First,
Second and Third Streets.
· The residents attending had no interest in the building design but rather their concerns were
concentrated on traffic impacts in their neighborhood.
· Advised that there are existing concerns about traffic on Third Street which runs through to
Hamilton.
· There is no significant impact on traffic. Ingress and egress will be from Second and Third
Streets. Signage will be used to deter people from using the residential areas for access or
parking.
Commissioner Hernandez asked about the stairwell towers.
Mr. Kirk Heinrichs advised that there is one elevator tower and two stairwell towers.
Commissioner Francois asked for the reason for the metal elements.
Mr. Kirk Heinrichs advised that the metal elements were for architectural effect.
Commissioner Jones expressed concern that the public is not present to discuss this project and
asked how this item was noticed to the public.
Mr. Kirk Heinrichs advised that this is a public project and will go to a noticed Public Hearing
before the City Council on April 18th.
Ms. Sharon Fierro advised that this is a different type of project from those that the Commission
is accustomed to reviewing. No public noticing is required. While the Planning Commission is
usually providing a final action or recommendation to Council, Council reviews this item
directly.
Commissioner Jones:
· Reiterated that input from the public is very important and not having it is a major concern
for him.
· Added that the City will be acquiring and redeveloping an entire block of the downtown.
· Suggested that, perhaps in partnership with a private developer, a better design can be
obtained for the entire block rather than constructing the garage first and later developing the
rest of the block.
Mr. Kirk Heinrichs agreed that that is the plan. A Master Development Plan will be adopted that
will include Commercial Mixed Uses. Added that the Commission can made comments on the
design of the parking structure which will be forwarded to Council.
Commissioner Lowe concurred with Commissioner Jones.
Planning Commission Minutes of March 28, 2000
Page 8
Mr. Kirk Heinrichs:
· Advised that public funds are available to spend on the construction of the garage.
· Added that this is not a for-pay parking structure but rather will provide free parking to the
public. There is no incentive for a developer to construct this parking structure.
· Added that on April 18th the design and Master Development Plan will be adopted by
Council to allow the issuance of Requests for Proposals.
Chairperson Gibbons added that there are two parts to this project, the parking structure and the
development of the remaining parcel.
Mr. Kirk Heinrichs reminded the Commission that the Redevelopment Agency's intent is to
pursue a Master Development Plan.
Commissioner Jones asked for more information about a traffic policy for this neighborhood.
Mr. Kirk Heinrichs advised that Council has asked Public Works staff to develop a traffic policy
to deal with the traffic concerns. A Study Session on this subject will occur in April. Added that
the traffic study indicates that there is no traffic impact from this proposed parking structure.
The existing problem on Third Street is the result of that street running directly through to
Hamilton Avenue.
Commissioner Jones suggested developing the entire block site at the same time.
Commissioner Lowe concurred and stated that he does not understand why the City is developing
around the existing building which is not part of the Master Development Plan.
Mr. Kirk Heinrichs advised that the cost of buying that particular building, which includes
12,000 square feet of office space with multiple tenants, would cost a lot.
Commissioner Jones asked for a cost estimate for the land the City would need to purchase.
Mr. Kirk Heinrichs advised that the property is currently being appraised and that he was hesitant
to state a value as land prices are going up every day and negotiations will begin soon.
Commissioner Jones asked if Study Sessions are open to the public.
Mr. Kirk Heinrichs advised that all Study Sessions are open to the public.
Commissioner Jones asked if the Study Sessions are noticed.
Mr. Kirk Heinrichs advised that they are posted but not noticed.
Chairperson Gibbons asked to see a landscape plan.
Planning Commission Minutes of March 28, 2000
Page 9
Mr. Kirk Heinrichs advised that the landscape plan is not developed at this point.
Chairperson Gibbons asked if any trees would be removed with this new parking structure.
Mr. Kirk Heinrichs advised that 15 trees would be removed.
Chairperson Gibbons asked if the parcels will be consolidated.
Mr. Kirk Heinrichs replied that the parcels would be consolidated.
Chairperson Gibbons asked when the last community meeting was held on this parking structure.
Mr. Kirk Heinrichs advised that the last community meeting was held on February 8, 2000.
Chairperson Gibbons asked if this current conceptual proposal was the one provided at that
meeting.
Mr. Kirk Heinrichs replied that substantially, these are the plans that were reviewed at that
meeting.
Commissioner Jones asked about the use of the other downtown parking garage at the Water
Tower.
Mr. Kirk Heinrichs replied that that garage is pretty full.
Mr. Geoff Bradley, Redevelopment Coordinator, elaborated on the existing downtown parking
garage, saying that a study was done about two years ago where cars were counted at peak office
hours. At that time approximately 70 spaces were free of the 300 available. Recently, about 30
cars were free of the 300 available.
Chairperson Gibbons added that approximately 100 on-street parking spaces were added
downtown.
Commissioner Jones asked if the loop street parking would be retained.
Mr. Kirk Heinrichs replied that they absolutely would be retained. He added that approximately
15-20 spaces would be lost downtown when the Light Rail goes through and that demand for
parking would also increase with Light Rail.
Commissioner Lowe asked about signs for the parking garage.
Ms. Sharon Fierro, Interim Community Development Director, advised that there is no sign
program at this time.
Planning Commission Minutes of March 28, 2000
Page 10
Commissioner Lowe asked if the signs proposed for the parking structure exceed the Sign
Ordinance would the sign application come before the Planning Commission.
City Attorney William Seligmann advised that public projects must comply with the same rules
as private developers.
Mr. Kirk Heinrichs added that this is a CIP project and that this is the last chance for comments
on the conceptual design of the parking structure.
Chairperson Gibbons stated that the Commission usually requires color samples and colored
elevations.
City Attorney William Seligmann informed the Commission that the City does not even own the
property yet. Before a final application can be processed, the City must own the property.
Mr. Kirk Heinrichs said that this is an approval of a conceptual design not a final approval.
Commissioner Hernandez stated that it appears that what is being asked of the Commission is
narrow In scope.
Mr. Kirk Heinrichs advised that the role of the Planning Commission in review of public projects
is limited. He added that CIP projects don't generally come before the Planning Commission.
Commissioner Francois stated that Mr. Heinrichs has explained the role of the Commission in
this project pretty well.
Commissioner Lindstrom stated that some aspects of this project are just conceptual at this point.
The Commission is trying to take on responsibilities it does not have in this matter.
Chairperson Gibbons discussed the wide variety of proposed building materials including brick
and decorative grills.
Commissioner Lowe expressed confusion over the role of the Planning Commission. Said that
he would like to see a more homogeneous approach to the project. Said that it appears the design
of the parking structure is fine.
Commissioner Jones reiterated the importance of public comment on this project and suggested
continuing consideration to the next Planning Commission meeting in order to notify the public.
City Attorney William Seligmann advised that that would play havoc on the schedule and that
the Planning Commission has no authority to require notification, only Council does.
Commissioner Jones stated that he wants to hear public comment prior to approving or denying
this project.
Planning Commission Minutes of March 28, 2000
Page 11
Commissioner Hernandez stated that Commissioner Jones has made some good points. Added
that at previously held meetings, few members of the public showed up and those that did had no
comment on the structure design but rather concerns about traffic impacts. It does not appear
that there is much public input.
Commissioner Jones insisted that this is input that the Planning Commission has not heard.
Commissioner Lindstrom disagreed and stated that opportunity for public input has occur and
that public input has been received.
City Attorney William Seligmann clarified the Commission's role at this juncture stating that
there are two roles/actions that need to be taken. The first is finding the conceptual land use to
be consistent with the General Plan and the second to recommend a Negative Declaration. He
added that this is not an approval for a specific architectural design.
Commissioner Hernandez asked what would happen if the Commission did not take those two
actions.
City Attorney William Seligmann advised that this item would still go before the Council.
Chairperson Gibbons expressed concerns about the wording of the draft Resolution.
Mr. Kirk Heinrichs advised that the finding must be made that the use of the property for parking
and commercial use is consistent with the General Plan which will allow the Agency to move
forward to acquire the land.
Commissioner Gibbons asked if the entire parcel would be acquired.
City Attorney William Seligmann advised that several parcels would be acquired.
Commissioner Lowe recommended including the last office building on the block within the
Master Development Plan.
Commissioner Lindstrom proposed recommending support for this specific structure on this site.
Mr. Kirk Heinrichs reminded the Commission that Council has already authorized this site for
the location of the parking structure. Again he solicited comments on the conceptual design.
City Attorney William Seligmann added that should the parcels receive Lot Line Adjustments,
they would not come before the Planning Commission.
Mr. Kirk Heinrichs added that Public Agencies are not subject to the Subdivision Map Act.
Planning Commission Minutes of March 28, 2000
Page 12
Chairperson Gibbons:
· Stated that the Planning Commission is being asked to comment on a public building.
· Said that she finds it disappointing that the Commission is not being allowed the opportunity
to follow the typical review and approval process as is done with private development.
· Said that they are being asked to approve a conceptual design.
· Said that this parking structure will impact the Downtown and adjacent residential
neighborhoods.
· Expressed concern about the two "bookends" of heavy brick material for this proposed
structure.
· Stated concern for the lack of a landscape plan.
· Said that a "dead end" alley is being created.
· Said that she does not see this building coming together as an integrated whole and that the
proposed landscaping is simply an effort to camouflage the building.
· Stated that the building is complex rather than having a continuity of simplicity, that it is
massive rather than masterful.
· Recommended that the Commission not support the design, saying that it is easier to change
paper than concrete.
· Said that this is the time to do it right.
· Expressed support for having a parking garage, for the Environmental Impact Report and for
the location of the parking structure.
· Suggested that criteria should be reconsidered as to the appropriateness of what should be
constructed there.
Commissioner Lindstrom expressed support for differing opinions, saying that every person
looks at a project through his or her own eyes. Recommended approval of the conceptual design.
Commissioner Hernandez:
· Stated that it is clear the downtown needs a parking structure and that this location has been
determined to be appropriate.
· Proposed that the Commission should find that this application is consistent with the
General Plan.
· Said that the project should be looked at as a whole. The Commission can comment on its
wish to have future input to Council.
· Expressed his personal thought that conceptual design of the parking structure is not
offensive and has nice elements, is functional and looks like the parking garage that it is.
Commissioner Jones:
· Suggested a motion be made stating that this project is consistent with the General Plan and
have the Redevelopment Agency go ahead and purchase the property.
· Added that the Agency should also look at the cost for purchasing the last building on the
block and/or add that site to the Master Development Plan.
· Said that the development of the block should be looked at in its entirety, perhaps as a joint
development project with a private developer.
Planning Commission Minutes of March 28, 2000
Page 13
Chairperson Gibbons reiterated the recommendations thus far to support the move to purchase
the property, recommend joint development of the entire block and to recommend that Council
adopt a Negative Declaration.
City Attorney William Seligmann suggested that the motion be considered in two parts. The first
motion would be to approve the draft resolution finding the project is consistent with the City's
General Plan and recommending the adoption of a Negative Declaration. The second motion
will be to look at proceeding with the acquisition of the entire block and integrate the
development of the entire block perhaps in conjunction with a private developer.
Motion:
Motion:
Upon motion of Commissioner Jones seconded by Commissioner Lowe, the
Planning Commission Adopted Resolution No. 3265, finding pursuant to
Government Code Section 65402-C that the proposed acquisition of property
within the second and third street blocks, between Campbell A venue and
Civic Center Drive, for use as a public parking structure and mixed-use
commercial development is in conformance with the General Plan and
recommended that Council grant a Negative Declaration, by the following
roll call vote:
A YES: Francois, Hernandez, Jones, Kearns, Lindstrom, Lowe
NOES: None
ABSENT: None
ABSTAIN: Gibbons
Upon motion of Commissioner Jones, seconded by Commissioner Lowe, the
Planning Commission took minute action recommending that the City
Council look at proceeding with the acquisition of all the properties within
the second and third street blocks, between Campbell A venue and Civic
Center Drive, and integrate the development of the entire block, perhaps in
conjunction with a private developer, by the following roll call vote:
A YES: Francois, Gibbons, Hernandez, Jones, Kearns, Lindstrom,
Lowe
None
None
None
NOES:
ABSENT:
ABSTAIN:
Chairperson Gibbons called a brief recess at 9:35 p.m.
Chairperson Gibbons reconvened the meeting at 9:40 p.m.
Motion:
Upon motion of Commissioner Jones, seconded by Commissioner Lowe, the
Planning Commission took minute action recommending that the City
Council not approve the conceptual parking structure design; that Council
instruct staff to bring the final design back to the Planning Commission for
review and recommendation, including color and material samples,
landscape plans and signage such as is normally reviewed by the Planning
Planning Commission Minutes of March 28, 2000
Page 14
Commission when processing a typical private development application, by
the following roll call vote: .
A YES: Gibbons, Jones, Kearns, Lowe
NOES: Francois, Hernandez, Lindstrom
ABSENT: None
BST AIN: None
City Attorney William Seligmann suggested that the Commission provide Council with what it
finds objectionable with this proposal.
Chairperson Gibbons replied that the Commission wants to see this project come through the
normal development review process.
REPORT OF THE COMMUNITY DEVELOPMENT DIRECTOR
The written report of Ms. Sharon Fierro, Interim Community Development Director, was
accepted as presented, with the added comment:
· Advised that the project at 299 N. Harrison Avenue was denied by City Council after
significant public testimony against it. Council directed staff to draft an interim ordinance
that will impose a 45-day moratorium on development in the area. The only construction
projects that will be allowed must meet the R-l requirements. This is being done since the
General Plan Task Force has been discussing the lowering of density in this area. The
moratorium will be considered at the April 4th Council meeting.
· Brought the recent San Jose Mercury New front-page article regarding the two recently-
completed Campbell Habitat for Humanity houses to the attention of the Commission.
· Mentioned that Home Depot has had a neighborhood meeting with local residents, which was
very successful. Future meetings are planned to continue to build cooperation between Home
Depot and the surrounding residents.
Commissioner Lowe asked about the two letters included in their packets regarding the dental
building under construction at 14419 S. Bascom Avenue.
Ms. Sharon Fierro advised that this project is still under construction and final occupancy has not
been obtained. The conditions of approval limit the site to two doctors/dentists. However, it
appears that plans are being made for three dentists on site. Doctors from the adjacent properties
are concerned about the impact this number of dentists would have on their own parking lot as
this site has limited parking. Should the applicant wish to seek approval for more than two
doctors/dentists, he would need to process a Modification of the approval with another hearing
before the Planning Commission.
Chairperson Gibbons asked about the request for a pedestrian crossing on Leigh A venue made
under Oral Request at a past Planning Commission meeting.
Ms. Sharon Fierro advised that the Traffic Engineer has since evaluated the area and made the
determination that a pedestrian crossing is not advised at this location.
RESOLUTION NO. 3265
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CAMPBELL FINDING, PURSUANT TO GOVERNMENT CODE
SECTION 65402-C, THAT THE PROPOSED ACQUISITION OF
PROPERTY WITHIN THE SECOND AND THIRD STREET BLOCKS
BETWEEN CAMPBELL AVENUE AND CNIC CENTER DRNE FOR
USE AS A PUBLIC PARKING STRUCTURE AND MIXED USE
COMMERCIAL DEVELOPMENT IS IN CONFORMANCE WITH THE
GENERAL PLAN.
WHEREAS, the City of Campbell Redevelopment Agency (the "Agency") is considering acquisition of land
to construct a public parking structure and facilitate a mixed use commercial development in its
implementation of the Central Campbell Redevelopment Plan and its 1999-2004 Implementation Plan; and
WHEREAS, pursuant to Government Code Section 65402-C, a local agency shall not acquire real property
or authorize a public building until the Planning Commission makes a finding that the project is in
confonnance with the General Plan; and
WHEREAS, the property considered for acquisition includes parcels within the Second and Third Street
block of downtown Campbell, between Civic Center Drive and Campbell Avenue (the "Property"); and
WHEREAS, the Property is zoned C-3 and designated Commercial in the Land Use Element of the City of
Campbell General Plan allowing for the uses proposed; and
WHEREAS, an environmental assessment has been prepared In compliance with the California
Environmental Quality Act (CEQA) which has been considered by the Planning Commission and a
Mitigated Negative Declaration is being recommended; and
NOW, THEREFORE, BE IT RESOLVED: That the City of Campbell Planning Commission finds, pursuant
to Government Code Section 65402-C, that should the Agency acquire the Property for a public parking
structure and mixed use commercial development in compliance with the Central Campbell Redevelopment
Plan and the 1999-2004 Implementation Plan, is in confonnance with the General Plan.
PASSED AND ADOPTED this 28th day of March, 2000, by the following roll call vote:
NOES:
ABSENT:
ABSTAIN:
Commissioners:
Commissioners:
Commissioners:
Francois, Hernandez, Jones, Kearns, Lindstrom,
Lowe
None
None
Gibbons
AYES:
Commissioners:
APPROVED:
Elizabeth Gibbons, Chair
ATIEST:
~~
Sharon Fierro, Secretary
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CITY OF CAMPBELL REDEVELOPMENT AGENCY
REPORT
Item:
Category:
Date:
3
Miscellaneous
March 28, 2000
TITLE:
Comment and Review on the Design of the Proposed Downtown Parking Structure
RECOMMENDATION:
That the Planning Commission:
I . Adopt the attached resolution making a finding pursuant to Government Code Section 65402( c)
that any public acquisition of land located between Second and Thirds Streets and between
Campbell Avenue and Civic Center Drive, by the City of Campbell Redevelopment Agency for a
downtown public parking structure and mixed use commercial development, is consistent with
the General Plan; and
2. Review and comment on the design ofthe proposed downtown public parking structure.
BACKGROUND
After an extensive analysis and site selection process in early 1999, the Redevelopment Agency
Board and City Council identified a site along Civic Center Drive between Second and Third
Street for a new downtown parking structure. The new parking structure is intended to serve
existing and future parking demand needs based on a build out of the downtown over the next 10
to 15 years.
In June 1999, the City Council approved the 1999 Capital Improvement Program including
authorization to explore financing alternatives for the parking structure. In August, 1999, the
Agency Board approved a design services contract with Gordon Chong & Partners to prepare the
conceptual design for a new downtown parking structure. The City Council appointed a
Downtown Parking Structure Oversight Committee to provide direction and feedback during the
design process. The Council also directed staff to hold neighborhood meetings to receive input.
The Oversight Committee members included:
Downtown Parking StruCh.re
20f4
Councilmember Dean
Councilmember Watson
Planning Commissioner Mel Lindstrom
Planning Commissioner Liz Gibbons
Downtown Business Owner, Eileen Tam
Downtown Business Owner and Property Owner, Laurie Doss
Downtown Resident, Susan Blake
In November 1999, the City Council/Agency Board approved the issuance of Tax Allocation
Bonds by the Redevelopment Agency to finance the parking structure. The Oversight
Committee met on three different occasions with the architect and staff during the design
process. From those meetings came two recommendations from the Committee.
. Move forward with the proposed design concept for the new downtown parking structure.
. The Agency should pursue a Master Developer Designation of the property fronting
Campbell A venue for a mixed use retail/office development concurrently with the
development of the parking structure.
The master developer process presents an opportunity to have one developer work with the
Redevelopment Agency to assemble the land and plan a comprehensive commercial project with
the development of the parking structure. On March 7, 2000 these two recommendations were
presented at a City Council Study Session and the City Council concurred with the
recommendations and directed staff to move forward.
DISCUSSION
The Planning Commission is being asked to review and make any comments it deems
appropriate regarding the parking structure design. Staff will forward any comments to the City
Council when it meets to consider approval of the design at its April 18, 2000 Council meeting.
The Planning Commission is also being asked to adopt a resolution making a finding required
under Government Code Section 65402( c) that the acquisition of land by a local public agency
for a public is consistent with the General Plan. This is a standard finding that has been made by
the Planning Commission for past redevelopment projects including the redevelopment of the
Winchester Drive-In site and the Harrison Avenue Redevelopment Project. Attached is the
environmental assessment prepared by David Powers and associates in compliance with the
California Environmental Quality Act (CEQA) for review and consideration by the Planning
Commission. There are not significant environmental impacts associated with this project and a
negative declaration is being recommended. Attached to this report are schematic elevations
illustrating the design concept. The facts about the garage are as follows:
Location:
The parking structure will occupy approximately 37,000 square feet of land area
along the south side of Civic Center Drive between Second and Third Streets.
Downtown Parking StrucUlre
30f4
Height: The structure consist of three levels with one level at grade and two levels above
grade, approximately 25 feet high.
# of Spaces: Approximately 290-300 spaces depending upon final design.
Design: The parking structure design concept is to create a traditional commercial building
appearance along the Second and Third Streets elevations with a more natural
landscape treatment along Civic Center Drive.
This is accomplished with the use of brick for the Second and Third Street
elevations. The brick is utilized in a variety of patterns, including running bond,
soldier courses and angled configurations to create an interesting and varied
surface. The brick is complimented with the use of a stone base material along the
bottom of the structure and decorative metal grill work for the window like
openings and awnings. The top of the structure is capped by a decorative stone
cornice. Decorative terra cotta medallions are also planned at high visibility
locations to denote items of local historical significance.
The building form on the Second and Third Street elevations and at the returns is
articulated by a strong base, middle, top configuration. The use of arches, narrow
building-like column spacing and decorative elevator tower combine to make the
parking structure relate as a traditional downtown building.
The Civic Center Drive frontage will transition from the brick building forms to a
landscaped screen wall consisting of decorative metal forms that relate visually to
the Second and Third Street elevations. The landscape treatment will include a
double, staggered row of trees, climbing vines on the metal work, shrubs and
ground cover. The parking structure will be setback 15 feet from the street. The
five foot landscape area and a ten foot wide sidewalk will be incorporated where
currently none exists. This design relates the structure to the commercial core it
serves and provides a transition to the residential neighborhood.
Access:
Both ingress and egress to be taken from Second and Third Streets.
Neighborhood Meetings
Staff conducted two neighborhood meetings during the design process. One on November 4,
1999 and one on February 8, 2000. Approximately 120 notices were sent to residences living in
the First, Second and Third Street neighborhood bordered by Latimer Avenue to the north.
There were eight to 10 residences that appeared at each of the meetings. The primary concern of
the residents was perceived cut-through traffic into their neighborhood. Prior to the second
meeting, staff had Fehr & Peers, traffic consultants, prepare a traffic analysis for the parking
structure based on full build out of the downtown. This report is contained in the environmental
assessment. The traffic study indicates that there would be no significant traffic impacts as a
result of the new parking structure.
Downtown Parking Struclüre
40f4
Master Developer Site Proposal
Out of the Oversight Committee meetings came a proposal to consider a master developer
designation of the underdeveloped properties adjacent to the proposed parking structure fronting
Campbell Avenue. The development of the new parking structure will require partial acquisition
of four parcels that front Campbell Avenue. Three of the four parcels are significantly
underutilized and in a dilapidated condition. This block has been in a blighted condition for
several years and presents a prime redevelopment opportunity in light of the proposed parking
structure. Staff will present a proposal to initiate a master developer site process concurrently
with the design and construction of the new parking structure in an effort to coordinate
redevelopment of this block. The type of development desired is a mixed use retail/office
development similar in design concept to the Gateway Project on the old Bank of America site.
The recommendation will be to have the Agency Board consider designating a master developer
site at its April 18th meeting and authorize issuance of a Request For Proposal (RFP) to the
development community.
Prepared by: Reviewed by ~
City ag
Attachments: Resolution
Design Elevations
Master Developer Site Outline
Environmental Assessment
J:\PC.DOC
RESOLUTION NO.
BEING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF CAMPBELL FINDING PURSUANT TO GOVERNMENT CODE SECTION
65402 (c) THAT THE PROPOSED ACQUISITION OF PROPERTY WITHIN
THE SECOND AND THIRD STREET BLOCKS BETWEEN CAMPBELL
A VENUE AND CIVIC CENTER DRIVE FOR USE AS A PUBLIC PARKING
STRUCTURE AND MIXED USE COMMERCIAL DEVELOPMENT IS IN
CONFORMANCE WITH THE GENERAL PLAN.
WHEREAS, the City of Campbell Redevelopment Agency (the "Agency") is considering
acquisition of land to construct a public parking structure and facilitate a mixed use
commercial development in its implementation of the Central Campbell Redevelopment Plan
and its 1999-2004 Implementation Plan; and
WHEREAS, pursuant to Government Code Section 65402( c) a local agency shall not acquire
real property or authorize a public building until the Planning Commission makes a finding
that the project is in conformance with the General Plan; and
WHEREAS, the property considered for acquisition includes parcels within the Second and
Third Street block of downtown Campbell between Civic Center Drive and Campbell Avenue
(the "Property"); and
WHEREAS, the Property is zoned C-3 and designated Commercial in the Land Use Element
of thp, City of Campbell General Plan allowing for the uses proposed.
WHEREAS, an environmental assessment has been prepared in compliance with the
California Environmental Quality Act (CEQA) which has been considered by the Planning
Commission and a Mitigated Negative Declaration is being recommended; and
NOW, THEREFORE, BE IT RESOLVED: That the City of Campbel1 Planning
Commission finds pursuant to Government Code Section 65402(c) that should the Agency
acquire the Property, the location, purpose and extent to which the Agency intends to use the
Property for a public parking structure and mixed use commercial development in compliance
with the Central Campbell Redevelopment Plan and the 1999-2004 Implementation Plan, is in
conformance with the General Plan.
PASSED AND ADOPTED this 28th day of March 2000, by the following roll call vote:
AYES:
NOES:
i\BSENT:
ABSTAIN:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
APPROVED:
ElIzabeth GIbbons, ChaIr
ATTEST:
Sharon t lerro, Secretary
CITY COUNCIL MINUTES
8=
City of Campbell, 70 North First Street, Campbell, California
CITY COUNCIL STUDY SESSION
TUESDAY. MARCH 7. 2000 - 6:30 P.M.
70 N. FIRST STREET - RALPH DOETSCH CONFERENCE ROOM
Note: This Study Session was duly noticed pursuant to open meeting requirements of the
Ralph M. Brown Act (G.e. Section 54956).
CALL TO ORDER
The City Council of the City of Campbell convened this day in the Ralph Doetsch Conference
Room at Campbell City Hall, 70 N. First Street, Campbell, California for a Study Session
regarding the downtown parking structure.
Roll Call:
Present: Councilmembers: Dougherty, Furtado, Watson, Dean, Kennedy
Absent: Councilmembers: None
Staff Present:
Bernie Strojny, City Manager; Anne Bybee, City Clerk; Bill Seligmann, City Attorney; Kirk
Heinrichs, Redevelopment Manager; Geoff Bradley, Redevelopment Coordinator; Bob Kass,
Public Works Director; Matthew Jue, Traffic Engineer; and Sharon Fierro, Interim Community
Development Director.
The following Planning Commissioners were also in attendance: Tom Francois, Dennis Lowe, _
Mel Lindstrom, Joe Hernandez.
1. Review and Discussion of Design for Downtown Parking Structure
Redevelopment Manager Heinrichs presented an overview of the process to date. Mr.
Heinrichs introduced Sam Nunes, AlA and Pauline Souza, AlA of Gordon Chong &
Partners. Mr. Nunes presented the design proposal for the parking structure.
Councilmembers and Planning Commissioners were given an opportunity to ask
questions during the presentation.
2. Discussion of Master Development Designation for Property on Campbell Avenue
Adjacent to the Proposed Parking Structure Site
Redevelopment Manager Heinrichs discussed the recommendation to consider a Master
Developer Designation for the undeveloped properties adjacent to the proposed parking
structure fronting Campbell Avenue. If the City Council concurs with this
Heinrichs stated that staff will bring this matter to the Agency Board for consideration
at the April 18th meeting.
Following discussion, it was the consensus of the City Council to proceed with the
design concept for the parking structure and the master developer site designation of a
portion of commercial property fronting on the north side of Campbell Avenue between
Second and Third Streets.
3. Oral Requests
There were no Oral Requests.
ADJOURN
Mayor Kennedy adjourned the Study Session at 7:20 p.m.
APPROVED:
Jane P. Kennedy, Mayor
ATTEST:
Anne Bybee, City Clerk
Minutes of 3/7/2000 City Council Study Session
2
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City of Campbell
Memorandum
To: Campbell Planning Commission
From: Kirk Heinrichs, Redevelopment Manager ¥R
Date: February 18, 2000
RE: Council Study Session - Downtown Campbell Parking Structure
The City Council approved in the 1999/2000 CIP the funding for a new downtown parking
structure. Staff has been working with a Council appointed Parking Structure Oversight
Committee since October of last year. In addition, three Community Meetings have been
held on the project.
The members of the Planning Commission are invited to attend the March "fh, 2000
Council Study Session. The Downtown Campbell Parking Structure will be presented by
Redevelopment Agency staff and the project architect. The meeting will be held at 6:30
p.m. in the Doetsch Conference Room.
This will be a good opportunity to become acquainted with the project. The parking
structure will be located on the south side of Civic Center Drive between Second and Third
Streets. The three level structure will accommodate approximately 300 parking spaces.
The project is scheduled to go to the Planning Commission on March 28, 2000 for review
and comment. The City Council will consider approval of the conceptual design at the April
18, 2000 council meeting.
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City of Campbell
Memorandum
To:
Development Review Committee
Date: February 15, 2000
From: Geoff I. Bradley, Redevelopment Coordinat00t1f7
RE: Downtown Campbell Parking Structure
Attached please find the conceptual design plans for the Downtown Campbell Parking
Structure. A parking analysis conducted by the Agency indicates the need for 250 to 300
new parking spaces to support the future development of the downtown.
The site was approved by the City Council in June of 1999. The structure consists of a three
level structure; grade plus two elevated decks. The structure has 299 parking spaces, eight
of'vhich are accessible spaces.
The site is currently under private ownership. When completed, the parking structure will
be free public parking, located on a City-owned parcel. New sidewalks will be constructed
on Civic Center Drive and Second and Third Streets. The large existing Redwood tree at the
corner of Civic Center and Second Street will be retained.
The post tensioned concrete structure utilizes clear spans and features brick, stone, tile and
painted metal for the exterior materials. Driveways on Second & Third Street provide
vehicular access. Pedestrian circulation is provided by two stairs and one elevator.
The project will be going to the Planning Commission on March 28, 2000 for review and
comment. The City Council will consider the final design and approve the preparation of
construction documents at the April 18, 2000 council meeting.
Please provide any comments on the plans that you feel are appropriate. Thank you for your
assistance.
FIRE DEPARTMENT
SANTA ClARA COUNTY
CONTROL NUMBER
14700 Winchester Blvd., Los Gatos, CA 95032-1818
(408) 378-4010 (phone) · (408) 378-9342 (fax)
BLDG PERMIT NUMBER
PLAN REVIEW NUMBER
00-0356
PRE 2000-12
FILE NUMBER
DEVELOPMENT REVIEW COMMENTS
CODE/SEC. I
SHEET n REQUIREMENT
Review of conceptual plans for a proposed new parking structure.
UFC
1003.2.2
as amended
by CMC
17.04.040
1 Review of this Developmental proposal is limited to acceptability of site access
and water supply as they pertain to fire department operations, and shall not be
construed as a substitute for formal plan review to determine compliance with
adopted model codes. Prior to performing any work the applicant shall make
application to, and receive from, the Building Department all applicable
construction permits.
2 Automatic Fire Sprinkler System Required: Buildings requiring a fire flow in
excess of 2,000 GPM, or in excess of two stories or 35 feet in height, shall be
equipped throughout with an automatic fire sprinkler system, hydraulically
designed per National Fire Protection Association (NFPA) Standard #13.
* see additional additional underground fire service comment *
UFC
903.2
3 Private On Site Fire Service Mains and/or Hydrants: Installation of private fire
service mains and/or fire hydrants shall conform to National Fire Protection
Association (NFP A) Standard #24, and Fire Department Standard Details and
Specification W-2. A Separate installation permit from this department is
required.
4 Hose Valves/Standpipes Required: Buildings three stories or more in height,
or where emergency access has been deemed minimal, shall be equipped with
standpipes designed per NFPA Std. #14, and be equipped with 2-1/2" inch hose
valves, located within the stair enclosure.
City PLANS SPECS NEW RMDL AS OCCUPANCY CONST. TYPE
PERMmEE
DATE
PAGE
CBL
00000
I AREA
GORDON H. CHONG &
2/28/2000 -.L. OF~
SECJFLOOR
PARKING
LOAD
DESCRIPTION
BY
CITY OF CAMPBELL
Commercial Development
I L404CATION
Third St
Hokanson, Wayne
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NAME OF PROJECT
A California Fire Protection District serving Santa Clara County and the communities of
Campbell, Cupertino, Los Altos, Los Altos Hills, Los Gatos, Monte Sereno, Morgan Hill, and Saratoga
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City of Campbell -- Community Development Department
70 N. First Street, Campbell, CA 95008
MEMORANDUM
To:_
Date: February 24, 2000
From: Tim J. Haley, Associate Planner
Subject: Architectural Advisor's Comments
Downtown Parking Structure
This note shall summarizes Jeff's comments of the February 24,2000.
· The saw tooth material of the grill work appears industrial versus commercial.
· The (north and south elevations) and the (east and west elevations) should incorporate more common elements, it appears
to be two different buildings.
cc: Sharon Fierro, Senior Planner
Geoff Bradley, RDA Coordinator
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CITY OF CAMPBELL REDEVELOPMENT AGENCY
REPORT
Item: 2 .
Category: New Business
Date: October 5, 1999
TITLE:
Approval of the City of Campbell Joint Powers Public Finance Authority and the
Issuance of Bond Documents to finance a new Downtown Public Parking Structure
(ResolutionIRolI Call Vote)
RECOMMENDATION
It is recommended that the following actions be taken in order:
] . The City of Campbell City Council and the City of Campbell Redevelopment Agency adopt a
resolution authorizing the execution of a Joint Powers Agreement establishing the City of Campbell
Public Financing Authority; ResolutionIRolI Call (Mayor executes Joint Powers Agreement)
2. Chairperson (Mayor Furtado) call to order the City of Campbell Public Finance Authority (Roll
Call).
3. The City of Campbell Public Finance Authority adopt a resolution authorizing the purchase and sale
of the Central Campbell Redevelopment Project Tax Allocation Bonds, Series 1999 upon certain
tenns and conditions, approving distribution of an Official Statement relating thereto and providing
other matters properly relating thereto.(ResolutionIRolI Call)
4. The City of Campbell City Council adopt a resolution authorizing the issuance and sale of tax
allocation bonds to finance acquisition and construction of a downtown public parking facility and
approving related documents and actions. (ResolutionIRolI Call)
5. The City of Campbell Redevelopment Agency adopt a resolution authorizing the issuance and sale of
tax allocation bonds to finance acquisition and construction of a downtown public parking facility
and approving related documents and actions. (ResolutionIRolI Call)
City of Campbell Public Finance Authority and 1999 Bond Issue
Page 2
DISCUSSION
On June 6, 1999 the City Council and Redevelopment Agency Board approved a finance team and
authorized staff to have prepared bond documents for the purpose of issuing tax allocation bonds to
finance the property acquisition and construction for a new downtown public parking structure. Staff has
been working with the finance team of Stone & Youngberg, LLC and Jones Hall, bond counsel
preparing the appropriate documents.
This debt issue is different from past issues, but not unique to municipal bond issues. The primary
differences are as follows:
1. This is the first time the redevelopment agency will issue debt solely on its own credit. The Agency
has partnered in the past with the City when Certificates of Participation were issued in 1991, 1993
and 1997. This is a good sign that the redevelopment agency is maturing fmancially and that the
outlook for growth in the Project Area is favorable. The debt is secured with tax increment and the
City's General Fund is not used as security for the debt.
2. A Joint Powers Public Finance Authority is being recommended to provide flexibility for not only
this financing, but future financings by either the City or the Agency. The JPA allows either the
competitive or negotiated sale of bonds. More generally, the Authority would be available to assist
the Agency or City on other financing transactions where a third party is required (e.g., general fund
lease financings). This financing tool is a common mechanism used by California municipalities to
pool diverse streams of payment in a single financing to achieve economy of scale.
The administration is minimal. The City Council sits as the Board of Directors. Only one annual
meeting is required and an audited financial statement annually must be completed that can be folded
into the City/Redevelopment Agency annual statement.
3. The third difference is the retention of a portion of the bonds in an escrow account to be drawn upon
when the tax increment levels have risen to cover the debt service on the additional amount. The
initial proceeds expected in October are approximately $7..4 million. An additional $2.1 million
will be kept in escrow and can be drawn upon when tax increment levels have risen enough to cover
the debt service. The escrow funds can be drawn down anytime but must be either drawn down or
refunded by October, 2002. This kind of financing structure avoids having the Agency to return to
the market on a frequent basis as its tax increment rises, saving the Agency added fees and
administrative costs.
The attached resolutions authorize staff to proceed with a tax allocation bond issue for an amount not to
exceed $12 million for financing a downtown public parking structure and other RDA capital projects,
approve the principal financing documents and authorize the Agency and the City of Campbell Public
Finance Authority to enter into a purchase agreement with Stone and Youngberg, the Agency's
underwriter. The $12 million amount is a cushion to accommodate any fluctuations in interest rates
prior to going to market. The actual issue will likely be closer to $11 million with the Agency netting
about $9.5 million total subtracting out issuance costs and reserve account.
Staff will not execute a purchase agreement with Stone & Youngberg until agreement has been reached
on a purchase price, interest rate structure and underwriting fees for the 1999 Bonds. As has been the
practice of the City, the Agency intends to utilize an independent "pricing consultant" to provide a
City of Campbell Public Finance Authority
Page 3
fairness opinion on the financing and ensure that the Agency's costs are equivalent to what would be
achieved through a competitive sale. If the Agency and the underwriter are unable to come to tenns on
the purchase price, the Agency may tenninate negotiations with Stone and Youngberg, not execute the
Purchase Agreement, and proceed independently to market the Bonds either competitively, or on a
negotiated basis with another underwriter.
Approximately 77% of municipal bonds sold in California are sold on a negotiated basis. Two additional
aspects of the Agency's issue that makes the negotiated sale more appropriate is the relatively small
issue ($11-12 million); and the fact that the Agency is small and it is the fIrst time the Agency has gone
to the bond market on its own credit without the City.
Presentations to Moody's, Standard and Poor's and several bond insurance companies will be held on
September 30th and October I st. It is expected that bond proceeds will be received in late October.
FISCAL IMPACT
The Agency will realize approximately $7.4 million in proceeds the week of October 25, 1999 and an
additional $2.1 million on or before October 2002. The annual added debt service to the Agency will be
approximately $575,000 and the debt will be carried through to 2032. The actual debt will depend on the
actual amount of debt issued and interest rates at the time the bonds go to market. Staff will work with
the underwriter to assure the most cost effective financing
AL TERNA TIVES
1. Modify the agreement as deemed appropriate.
2. Do not approve the Agreement.
Prepared by:
Approved by: ~ -
Execut' e . tor
Attachments: Resolutions (5)
Joint Powers Agreement
Summary of Principal Bond Documents
RESOLUTION NO.
RESOLUTION OF THE CITY OF CAMPBELL AUTHORIZING THE
EXECUTION OF A JOINT EXERCISE OF POWERS AGREEMENT WITH THE
CITY OF CAMPBELL REDEVELOPMENT AGENCY, ESTABLISHING THE
CITY OF CAMPBELL PUBLIC FINANCING AUTHORITY
WHEREAS, the City of Campbell Redevelopment Agency (the" Agency") is proceeding
to issue its tax allocation bonds (the "Bonds") for the purpose of providing financing for a
downtown public parking facility; and
WHEREAS, in order to implement the financing plan for the Bonds it is desirable to
form a joint powers authority between the Agency and the City of Campbell (the "City") for the
purpose of creating a public agency which has the legal authority to negotiate the sale of the
Bonds from the Agency; and
WHEREAS, to that end the City Council of the City wishes at this time to approve the
execution and delivery of a Joint Exercise of Powers Agreement by and between the Agency and
the City, establishing the City of Campbell Public Finanång Authority as a joint powers
authority under Article 1 (comrnenång with Section 6500) of Chapter 5, Division 7, Title 1 of
the Government Code of the State of California (the "Joint Powers Law");
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Campbell as
follows:
Section 1. Establishment of the City of Campbell Public Financing Authority. The City
Council hereby approves the establishment of the City of Campbell Public Financing Authority
(the "Financing Authority") under the Joint Powers Law, pursuant to the Joint Exercise of
Powers Agreement dated as of September 21, 1999, by and between the Agency and the City in
the form on file with the City Clerk. The appropriate officers of the City are hereby authorized
and directed to execute, and the City Clerk is hereby authorized and directed to attest and
affix the seal of the City to, such Joint Exercise of Powers Agreement in the name and on behalf
of the City.
Section 2. Authorization to Make Necessary Filings. The linn of Jones Hall, A
Professional Law Corporation, as bond counsel to the Agency, is hereby authorized and
directed to cause to be prepared, executed and filed any and all reports, statements and other
documents as may be required in order to implement the establishment of the Finanång
Authority.
Section 3. Effective Date. This Resolution shall take effect immediately upon its
passage and adoption.
........................
I, the undersigned City Clerk of the City of Campbell, hereby certify that the foregoing is
a full, true and correct copy of a resolution duly adopted by the City Council of the City at a
reguIarmeeting thereof on the 5th day of October, 1999, by the following vote of the members
thereof:
AYES:
NOES:
Council Member:
Council Member:
ABST AINED: Council Member:
ABSENT:
Council Member:
Mayor
ATTEST:
City Clerk
- A2-
RESOLUTION NO.
RESOLUTION OF THE CITY OF CAMPBELL REDEVELOPMENT AGENCY
AUTHORIZING THE EXECUTION OF A JOINT EXERCISE OF POWERS
AGREEMENT WITH THE CITY OF CAMPBELL, ESTABLISHING THE CITY
OF CAMPBELL PUBLIC FINANCING AUTHORITY
WHEREAS, the City of Campbell Redevelopment Agency (the" Agency") is proceeding
to issue its tax allocation bonds (the "Bonds") for the purpose of providing financing for a
downtown public parking facility; and
WHEREAS, in order to implement the financing plan for the Bonds it is desirable to
form a joint powers authority between the Agency and the City of Campbell (the "City") for the
purpose of creating a public agency which has the legal authority to negotiate the sale of the
Bonds from the Agency; and
WHEREAS, to that end the Agency wishes at this time to approve the execution and
delivery of a Joint Exercise of Powers Agreement by and between the Agency and the City,
establishing the City of Campbell Public Finanàng Authority as a joint powers authority under
Article 1 (commencing with Section 6500) of Chapter 5, Divisron 7, Title 1 of the Government
Code of the State of California (the "Joint Powers Law");
NOW, THEREFORE, BE IT RESOLVED by the City of Campbell Redevelopment
Agency as follows:
Section 1. Establishment of City of Campbell Public Financing Authority. The Agency
hereby approves the establishment of the City of Campbell Public Finanàng Authority (the
"Financing Authority") under the Joint Powers Law, pursuant to the Joint Exercise of Powers
Agreement dated as of October 5, 1999, by and between the Agency and the City in the form on
file with the Secretary of the Agency. The appropriate officers of the Agency arehereby
authorized and directed to execute, and the Secretary of the Agency is hereby authorized and
directed to attest and affix the seal of the Agency to, such Joint Exercise of Powers Agreement
in the name and on behalf of the Agency.
Section 2. Authorization to Make Necessary Filings. The firm of Jones Hall, A
Professional Law Corporation, as bond counsel to the Agency, is hereby authorized and
directed to cause to be prepared, executed and filed any and all reports, statements and other
documents as may be required in order to implement the establishment of the Financing
Authority.
Section 3. Effective Date. This Resolution shall take effect immediately upon its
passage and adoption.
................
I, the undersigned Secretary of the City of Campbell Redevelopment Agency, hereby
certify that the foregoing is a full, true and correct copy of a resolution duly adopted by the
Agency at a regular meeting thereof on the 5th day of October, 1999, by the following vote of
the members thereof:
AYES:
NOES:
Board Member:
Board Member:
ABST AINED: Board Member:
ABSENT:
Board Member:
Chair
ATTEST:
Secretary
- 2-
OTY OF CAMPBELL PUBLIC FINANONG AUIHORITY
RESOLUTION NO.
A RESOLUTION OF THE OTY OF CAMPBELL PUBLIC FINANONG AUlHORITY
AUTHORIZING PURCHASE AND SALE OF THE CENTRAL CAMPBELL
REDEVELOPMENT PROJECT TAX ALLOCATION BONDS, SERIES 1999 UPON
CERTAIN TERMS AND CONDmONS,APPROVING DIS1RIBlITION OF AN
OFFIOAL STATEMENT RELA llNG THERETO AND PROVIDING OTHER
MA 1TERS PROPERLY RELATING THERETO
CITY OF CAMPBELL PUBLIC FINANONG AUIHORITY
WHEREAS, the City of Campbell (the "City") and the City of Campbell Redevelopment
Agency (the "Agency") have entered into a Joint Exercise of Powers Agreement, dated as of
October 5, 1999 (the "Agreement"), creating the City of Campbell Public Financing Authority
(the "Authority");
WHEREAS, pursuant to Article 4 of Chapter 5 of Division 7 of Title 1 of the
Government Code of the State of California (the "Act") and the Agreement, the Authority is
authorized to purchase bonds or Bonds issued by the Agency for financing and refinancing
public capital improvements, working capital, liability and other insurance needs, or projects
whenever there are significant public benefits, as determined by the Authority;
WHEREAS, pursuant to the Act and the Agreement, the Authority is further authorized
to sell bonds or Bonds so purchased to public or private purchasers at public or negotiated sale;
WHEREAS, the Authority desires to purchase from the Agency not to exceed
$12,000,000 aggregate principal amount of Central Campbell Redevelopment Project Tax
Allocation Bonds, Series 1999 (the "Bonds"), solely from the proceeds received from the
Authority's concurrent sale of the Bonds to Stone & Youngberg LLC (the "Underwriter"); and
WHEREAS, the Underwriter has caused a Preliminary Official Statement relating to the
Bonds (the "Preliminary Official Statement") to be submitted to the Authority for approval for
distribution to prospective purchasers of the Bonds.
NOW THEREFORE, BE IT RESOLVED by the Board of Directors of the City of
Campbell Public Financing Authority, as follows:
Section 1. The foregoing recitals are true and correct and this Authority so finds and
determines.
Section 2. The proposed fonn of Bond Purchase Agreement (the "Purchase Contract"),
by and among the Agency, the Authority and the Underwriter on file with the Secretary of the
Authority is hereby approved. Either the Chair or the Executive Director (or the written
designee of either) of the Authority is hereby authorized and directed, for and in the name and
on behalf of the Authority, to purchase the Bonds from the Agency and to accept the offer of
the Underwriter to purchase the Bonds from the Authority, subject to the terms and conditions
of the Purchase Contract, and to execute and deliver the Purchase Contract to the Agency and
FPFA 96-1
the Underwriter; provided, however, that, the stated average annual interest rate payable on
the Bonds shall not exceed 6.75% per annum and the purchase price paid by the Underwriter
for the purchase of the Bonds shall be not less than 98.3% of the par amount thereof, excluding
any original issue discount on the Bonds. The final principal amount of the Bonds shall be the
amount set forth in the executed Purchase Contract, not to exceed $12,000,000. The approval
of any additions or changes in such form shall be conclusively evidenced by such execution and
delivery of the Purchase Contract.
Section 3. The Preliminary Official Statement relating to the Bonds, together with such
amendments and supplements as shall be necessary or convenient to accurately describe the
Bonds in accordance with the Purchase Contract, this Resolution and the other related
proceedings and documents, is hereby approved for distribution to such broker-dealers, banking
institution and other persons as may be interested in purchasing the Bonds. The form of final
Official statement, together with such amendments and supplements as shall be necessary or
convenient to accurately describe the Bonds in accordance with the Purchase Contract, this
Resolution and the other related proceedings and documents, is hereby approved for
distribution to the purchasers of the Bonds.
Section 4. All actions heretofore taken by the officers and agents of the Authority with
respect to the issuance of the Bonds are hereby approved, confirmed and ratified. The Chair,
the Executive Director, Secretary, the Treasurer and the General Counsel of the Authority and
any and all other officers of the Authority are hereby authorized and directed, for and in the
name and on behalf of the Authority, to do any and all things and take any and all actions
which they, or any of them, may deem necessary or advisable in order to consummate the
purchase of the Bonds from the Agency and the sale and delivery of the Bonds to the
Underwriter pursuant to the documents approved herein.
Section 5. This resolution shall take effect from and after its adoption.
*****
PASSED AND ADOPTED as a Resolution of the City of Campbell Public Financing
Authority at a special meeting held on the 5th day of October, 1999, by the following vote.
AYES:
NOES:
ABSENT:
Chair
ATTEST:
Secretary
-2-
CITY OF CAMPBELL
RESOLUTION NO.
RESOLUTION APPROVING 1HE ISSUANCE BY 1HE OTY OF
CAMPBELL REDEVELOPMENT AGENCY OF TAX ALLOCA nON
BONDS TO FINANCE ACQUlsmON AND CONSTRUcnON OF A
DOWNTOWN PUBLIC PARKING FACILITY
RESOLVED, by the City Council (the "Council") of the City of Campbell (the "City") as
follows:
WHEREAS, the City of Campbell Redevelopment Agency (the II Agency") is a public
body, corporate and politic, duly established and authorized to transact business and exercise
powers under and pursuant to the provisions of the Community Redevelopment Law of the
State of California, constituting Part 1 of Division 24 of the California Health and Safety Code
(the "Law"), including the power to issue bonds for any of its corporate purposes;
WHEREAS, in connection with the Agency's Central Campbell Redevelopment Project
(the "Project Area") in the City, and in compliance with all requirements of the Law, the City
has adopted a redevelopment plan for the Project Area, specifically a Second Amended and
Restated Central Campbell Redevelopment Plan, adopted by the City on June 16, 1992 by
Ordinance No. 1860, which amended and restated the Redevelopment Plan adopted June 21,
1983 by Ordinance No. 1461, as amended and restated by that Amended and Restated (First)
Redevelopment Plan adopted January 15, 1991 by Ordinance No. 1830;
WHEREAS, pursuant to the Law, the Agency has previously entered into that certain
Indebtedness Agreement, dated as of November I, 1991 (the "1991 Indebtedness Agreement"),
by and between the Agency and the City, pursuant to which the City advanced to the Agency a
portion of the proceeds of sale of the City's $29,300,000 1991 Certificates of Participation
(Civic Center Project) (the "1991 Certificates") and the Agency agreed to repay such advance
(the "Advancement");
WHEREAS, the Agency's repayment obligation with respect to the Advancement under
the 1991 Indebtedness Agreement was secured by a pledge of certain tax increment ("Tax
Revenues") generated in the Project Area;
WHEREAS, the 1991 Indebtedness Agreement permitted the issuance of additional debt
by the Agency secured by Tax Revenues on a parity with amounts owed by the Agency with
respect to the Advancement under the 1991 Indebtedness Agreement ("Parity Debt"), subject to
certain conditions;
WHEREAS, the Agency and the City subsequently entered into that certain Amended
and Restated Indebtedness Agreement, dated as of June I, 1993 (the "1993 Indebtedness
Agreement");
WHEREAS, the City and the Agency executed the 1993 Indebtedness Agreement in
connection with execution and delivery ofthe City's $11,810,000 1993 Refunding Certificates of
Participation (Civic Center Project) (the "1993 Certificates"), the proceeds of which were used,
in part, to prepay a portion of the 1991 Certificates;
WHEREAS, pursuant to the 1993 Indebtedness Agreement, the Agency agreed to repay
the Advancement on the terms set forth therein;
WHEREAS, the 1993 Indebtedness Agreement permitted the issuance of Parity Debt on
a parity with amounts owed with respect to the Advancement under the 1993 Indebtedness
Agreement, subject to certain conditions;
WHEREAS, the Agency and the City subsequently entered into that certain Second
Amended and Restated Indebtedness Agreement, dated as of October I, 1997 (the "1997
Indebtedness Agreement");
WHEREAS, the City and the Agency executed the 1997 Indebtedness Agreement in
connection with execution and delivery of the City's $13,480,000 1997 Refunding Certificates of
Participation (Civic Center Project) (the "1997 Certificates"), the proceeds of which were used
to prepay the remaining outstanding 1991 Certificates and to finance street capital
improvements in the City;
WHEREAS, pursuant to the 1997 Indebtedness Agreement, the Agency agreed to repay
the Advancement on the terms set forth therein;
WHEREAS, the 1997 Indebtedness Agreement permitted the issuance of Parity Debt on
a parity with amounts owed with respect to the Advancement under the 1997 Indebtedness
Agreement, subject to certain conditions;
WHEREAS, the Agency now wishes to finance certain redevelopment activities (within
the meaning of Section 33678 of the Law) within and of benefit to the Project Area, including
acquisition and construction of a new downtown public parking facility (the "Downtown
Parking Facility") to be located in the Project Area;
WHEREAS, accordingly, the Agency has now determined to issue its Central Campbell
Redevelopment Project Tax Allocation Bonds, Series 1999 (the "Bonds"), pursuant to the Law;
WHEREAS, the Bonds will be secured by a pledge of and lien on Tax Revenues (as
hereinafter defined) on a parity with the Agency's obligation with respect to the Advancement
under the 1997 Indebtedness Agreement (which repayments are currently used by the City to
pay a portion of the principal and interest with respect to the 1993 Certificates and the 1997
Certificates );
WHEREAS, as required by the 1997 Repayment Agreement, the Agency has delivered to
the trustee with respect to the 1993 Certificates (the "1993 Trustee") and the trustee with
respect to the 1997 Certificates (the "1997 Trustee") a written certificate certifying that the
conditions precedent to the issuance of such Parity Debt have been satisfied;
WHEREAS, the Agency wishes at this time to authorize proceedings for the issuance
and sale of the Bonds;
WHEREAS, in accordance with the requirements of Section 33640 of the Law, the
Council wishes at this time to approve the issuance and sale of the Bonds by the Agency;
NOW, THEREFORE, it is hereby ORDERED and DETERMINED, as follows:
Section 1. Approval of the Bonds. The issuance and sale of the Bonds by the Agency in
the aggregate principal amount of not to exceed $12,000,000, is hereby approved.
-2-
Section 2. Findings required by Section 33445 of the Law. Following consideration of the
issuance of Bonds to finance acquisition and construction of the Downtown Parking Facility,
the City Council hereby determines as follows:
(a) That the Downtown Parking Facility is of benefit to the Project Area.
(b) That no other reasonable means of financing acquisition and construction
of the Downtown Parking Facility are available to the community.
(c) That the payment of funds for acquisition and construction of the
Downtown Parking Facility will assist in the elimination of one or more blighting
conditions inside the Project Area, and is consistent with the Agency's implementation
plan adopted pursuant to Section 33490 of the Law.
Section 3. Subordination of Section 33676 Payments. The City Counål hereby agrees to
subordinate its right to receive payments pursuant to Section 33676 of the Law to payment of
debt service on the Bonds and any parity debt.
Section 4. Effective Date. This Resolution shall take effect from and after the date of its
passage and adoption.
..............
PASSED and ADOPTED this 5th day of October, 1999, by the following votes:
AYES:
NOES:
ABSENT:
ABST AIN:
Mayor
ATTEST:
City Clerk
-3-
CITY OF CAMPBELL REDEVELOPMENT AGENCY
RESOLUTION NO.
RESOLUTION AUlHORIZING 1HE ISSUANCE AND SALE OF TAX
ALLOCATION BONDS TO FINANCE ACQUlSmON AND
CONSTRUCTION OF A DOWNTOWN PUBUC PARKING FAOLI1Y,
AND APPROVING RELATED DOCUMENTS AND ACTIONS
RESOLVED, by the City of Campbell Redevelopment Agency (the "Agency") as follows:
WHEREAS, the Agency is a public body, corporate and politic, duly established and
authorized to transact business and exercise powers under and pursuant to the provisions of
the Communjty Redevelopment Law of the State of California, constituting Part 1 of Division
24 of the California Health and Safety Code (the "Law"), including the power to issue bonds for
any of its corporate purposes;
WHEREAS, in connection with the Agency's Central Campbell Redevelopment Project
(the "Project Area") in the City of Campbell (the "City"), and in compliance with all
requirements of the Law, the City has adopted a redevelopment plan for the Project Area,
specifically a Second Amended and Restated Central Campbell Redevelopment Plan, adopted
by the City on June 16, 1992 by Ordinance No. 1860, which amended and restated the
Redevelopment Plan adopted June 21, 1983 by Ordinance No. 1461, as amended and restated
by that Amended and Restated (First) Redevelopment Plan adopted January 15, 1991 by
Ordinance No. 1830;
WHEREAS, pursuant to the Law, the Agency has previously entered into that certain
Indebtedness Agreement, dated as of November 1, 1991 (the "1991 Indebtedness Agreement"),
by and between the Agency and the City, pursuant to which the City advanced to the Agency a
portion of the proceeds of sale of the City's $29,300,000 1991 Certificates of Participation
(Civic Center Project) (the "1991 Certificates") and the Agency agreed to repay such advance
(the "Advancement");
WHEREAS, the Agency's repayment obligation with respect to the Advancement under
the 1991 Indebtedness Agreement was secured by a pledge of certain tax increment ("Tax
Revenues") generated in the Project Area;
WHEREAS, the 1991 Indebtedness Agreement permitted the issuance of additional debt
by the Agency secured by Tax Revenues on a parity with amounts owed by the Agency with
respect to the Advancement under the 1991 Indebtedness Agreement ("Parity Debt"), subject to
certain conditions;
WHEREAS, the Agency and the City subsequently entered into that certain Amended
and Restated Indebtedness Agreement, dated as of June 1, 1993 (the "1993 Indebtedness
Agreement");
WHEREAS, the City and the Agency executed the 1993 Indebtedness Agreement in
connection with execution and delivery ofthe City's $11,810,000 1993 Refunding Certificates of
Participation (Civic Center Project) (the "1993 Certificates"), the proceeds of which were used,
in part, to prepay a portion of the 1991 Certificates;
WHEREAS, pursuant to the 1993 Indebtedness Agreement, the Agency agreed to repay
the Advancement on the terms set forth therein;
WHEREAS, the 1993 Indebtedness Agreement permitted the issuance of Parity Debt on
a parity with amounts owed with respect to the Advancement under the 1993 Indebtedness
Agreement, subject to certain conditions;
WHEREAS, the Agency and the City subsequently entered into that certain Second
Amended and Restated Indebtedness Agreement, dated as of October 1, 1997 (the "1997
Indebtedness Agreement");
WHEREAS, the City and the Agency executed the 1997 Indebtedness Agreement in
connection with execution and delivery of the City's $13,480,000 1997 Refunding Certificates of
Participation (Civic Center Project) (the "1997 Certificates"), the proceeds of which were used
to prepay the remaining outstanding 1991 Certificates and to finance street capital
improvements in the City;
WHEREAS, pursuant to the 1997 Indebtedness Agreement, the Agency agreed to repay
the Advancement on the terms set forth therein;
WHEREAS, the 1997 Indebtedness Agreement permitted the issuance of Parity Debt on
a parity with amounts owed with respect to the Advancement under the 1997 Indebtedness
Agreement, subject to certain conditions;
WHEREAS, the Agency now wishes to finance certain redevelopment activities (within
the meanmg of Section 33678 of the Law) within and of benefit to the Project Area, including
acquisition and construction of a new downtown public parking facility (the "Downtown
Parking Facility") to be located in the Project Area;
WHEREAS, accordingly, the Agency has now determined to issue its Central Campbell
Redevelopment Project Tax Allocation Bonds, Series 1999 (the "Bonds"), in an aggregate
principal amount not to exceed $12,000,000, pursuant to the Law;
WHEREAS, the Bonds will be secured by a pledge of and lien on Tax Revenues (as
hereinafter defined) on a parity with the Agency's obligation with respect to the Advancement
under the 1997 Indebtedness Agreement (which repayments are currently used by the City to
pay a portion of the principal and interest with respect to the 1993 Certificates and the 1997
Certificates );
WHEREAS, as required by the 1997 Repayment Agreement, the Agency has delivered to
the trustee with respect to the 1993 Certificates (the "1993 Trustee") and the trustee with
respect to the 1997 Certificates (the "1997 Trustee") a written certificate certifying that the
conditions precedent to the issuance of such Parity Debt have been satisfied;
WHEREAS, the Agency wishes at this time to authorize proceedings for the issuance
and sale of the Bonds;
NOW, THEREFORE, it is hereby ORDERED and DETERMINED, as follows:
Section 1. Issuance of the Bonds; Approval of the Indenture. The Agency hereby
authorizes the issuance of the Bonds. The Bonds shall be issued pursuant to the Law and
pursuant to the Indenture. The Agency hereby approves the Indenture in substantially the form
on file with the Secretary of the Agency, together with such additions thereto and changes
therein as the Chair, the Vice Chair, the Executive Director, the Redevelopment Manager or the
-2-
Finance Director shall deem necessary, desirable or appropriate, and the execution thereof by
the Chair, the Vice Chair, the Executive Director, the Redevelopment Manager or the Finance
Director shall be conclusive evidence of the approval of any such additions and changes. The
Chair, the Vice Chair, the Executive Director, the Redevelopment Manager or the Finance
Director is hereby authorized and directed to execute, and the Secretary is hereby authorized
and directed to attest and affix the seal of the Agency to, the final form of the Indenture for and
in the name and on behalf of the Agency. The Agency hereby authorizes the delivery and
performance of the Indenture.
Section 2. Findings Required by Section 33445 of the Law. Following consideration of
whether to issue Bonds to finance acquisition and construction of the Downtown Parking
Facility, the Agency hereby determines as follows:
(a) That the Downtown Parking Facility is of benefit to the Project Area.
(b) That no other reasonable means of financing acquisition and construction
of the Downtown Parking Facility are available to the community.
(c) That the payment of funds for acquisition and construction of the
Downtown Parking Facility will assist in the elimination of one or more blighting
conditions inside the Project Area, and is consistent with the Agency's implementation
plan adopted pursuant to Section 33490 of the Law.
Section 3. Bond Purchase Agreement. A Bond Purchase Agreement (the "Purchase
Contract") by and among the Agency, Stone & Youngberg LLC (the "Underwriter") and the
City of Campbell Public Financing Authority, is hereby approved in substantially the form on
file with the Secretary of the Agency, together with such additions thereto and changes therein
as the Chair, the Vice Chair, the Executive Director, the Redevelopment Manager or the Finance
Director shall deem necessary, desirable or appropriate, and the execution thereof by the Chair,
the Vice Chair, the Executive Director, the Redevelopment Manager or the Finance Director shall
be conclusive evidence of the approval of any such additions and changes. The Chair, the Vice
Chair, the Executive Director, the Redevelopment Manager or the Finance Director is hereby
authorized and directed to execute, and the Secretary is hereby authorized and directed to
attest and affix the seal of the Agency to, the final form of the Purchase Contract for and in the
name and on behalf of the Agency. The Agency hereby authorizes the delivery and performance
of the Purchase Contract.
The Purchase Contract shall provide for Bonds to be issued in the principal amount of
not to exceed $12,000,000, an average interest rate not to exceed 6.75% and an Underwriter's
discount not to exceed 1.7% of the principal amount of the Bonds.
Section 4. Official Statement. The Agency hereby approves and deems final within the
meaning of Rule 15c2-12 of the Securities Exchange Act of 1934 except for permitted omissions,
a preliminary form of Official Statement describing the Bonds in the form on file with the
Secretary. Distribution of such preliminary Official Statement by the Underwriter to prospective
purchasers of the Bonds is hereby approved. The Chair, the Vice Chair, the Executive Director,
the Redevelopment Manager or the Finance Director is hereby authorized to execute the final
form of the Official Statement, including as it may be modified by such additions thereto and
changes therein as the Chair, the Vice Chair, the Executive Director, the Redevelopment
Manager or the Finance Director shall deem necessary, desirable or appropriate, and the
execution of the final Official Statement by the Chair, the Vice Chair, the Executive Director, the
Redevelopment Manager or the Finance Director shall be conclusive evidence of the approval of
any such additions and changes. The Agency hereby authorizes the distribution of the final
Official Statement by the Underwriter. The final Official Statement shall be executed in the
-~
name and on behalf of the Agency by the Chair, the Vice Chair, the Executive Director, the
Redevelopment Manager or Finance Director.
The Agency further authorizes the execution of the Continuing Disclosure Certificate in
the form on file with the Secretary by the Chair, the Vice Chair, the Executive Director, the
Redevelopment Manager or the Finance Director.
Section 5. Official Actions. The Chair, the Vice Chair, the Executive Director, the
Redevelopment Manager, the Finance Director and the Secretary of the Agency, and any and all
other officers of the Agency, are hereby authorized and directed, for and in the name and on
behalf of the Agency, to do any and all things and take any and all actions, including execution
and delivery of any and all assignments, certificates, requisitions, agreements, notices, consents,
instruments of conveyance, warrants and other documents which they, or any of them, may
deem necessary or advisable in order to consummate the lawful issuance and sale of the Bonds
as described herein, including specifically, all actions required to be taken in order to procure
municipal bond insurance and a reserve fund surety, if it is determined by the Executive
Director, the Redevelopment Manager or Finance Director of the Agency that it is financially
advantageous to the Agency to purchase a municipal bond insurance policy or a reserve fund
surety. Whenever in this resolution any officer of the Agency is authorized to execute or
countersign any document or take any action, such execution, countersigning or action may be
taken on behalf of such officer by any person designated by such officer to act on his or her
behalf in the case such officer shall be absent or unavailable.
Section 6. Effective Date. This Resolution shall take effect from and after the date of its
passage and adoption.
******
It is hereby certified that the foregoing resolution was duly adopted at a meeting of the
City of Campbell Redevelopment Agency held on the 5th day of October, 1999, by the following
vote:
AYES:
NOES:
ABSENT:
CHAIR
ATTEST:
SECRET ARY
4-
JOINT EXEROSE OF POWERS AGREEMENT
This JOINT EXERCISE OF POWERS AGREEMENT (this "Agreement") dated as of
October 5, 1999, is by and between the CITY OF CAMPBELL, a general law city duly organized
and existing under the laws of the State of California ("CITY"), and the CITY OF CAMPBELL
REDEVELOPMENT AGENCY, a public body corporate and politic organized and existing under
the laws of the State of California (the" Agency");
WITNESSETH:
WHEREAS, agencies formed under Article 1 (commencing with Section 6500) of Chapter
5, Division 7, Title 1 of the Government Code of the State of California (the "Joint Powers
Law") are permitted to provide financing for any of their members in connection with the
acquisition, construction and improvement of public capital improvements and other programs
of such members; and
WHEREAS, the City and the Agency wish to form an agency under the Joint Powers
Law, to be known as the City of Campbell Public Finanàng Authority (the "Financing
Authority"), for the purpose of providing an entity which can assist in providing financial
assistance to the Agency and the City;
,
NOW, THEREFORE, in consideration of the above premises and of the mutual promises
herein contained, the City and the Agency do hereby agree as follows:
ARTICLE I
GENERAL PROVISIONS
Section 1.01. Purpose. This Agreement is entered into pursuant to the Joint Powers
Law. The purpose of this Agreement is to provide assistance to the City and the Agency
(collectively, the "Members") from time to time in connection with their financing programs, or
for any other financing purposes authorized under Article 4 of the Joint Powers Law
(commencing with Section 6584) (the "Bond Act").
Section 1.02. Creation of Authority. Pursuant to the Joint Powers Law, there is hereby
created a joint powers agency to be known as the "City of Campbell Public Financing
Authority". The Financing Authority shall be a public entity separate and apart from the
Members, and shall administer this Agreement. The Financing Authority shall be deemed to be
created and to exist as an entity which is authorized to transact business and exercise its
powers, upon the execution hereof by the Agency and the City.
Section 1.03. Board.
(a) Composition of Board. The Financing Authority shall be governed by a Board of
Directors (the "Board") consisting of five (5) directors. Each member of the City Council of the
Ci ty shall be a member of the Board by virtue of being a member of the City Council of the City.
All voting power of the Financing Authority shall reside in the Board.
(b) CalL Notice and Conduct of Meetin~s. All meetings of the Board, including without
limitation, regular, adjourned regular and special meetings, shall be called, noticed, held and
conducted in accordance with the provisions of the Ralph M. Brown Act of the State of
California (constituting Chapter 9 of Part 1 of Division 2 of Title 5 of the Government Code of
the State of California).
(c) Quorum. A majority of the members of the Board shall constitute a quorum for the
transaction of business, except that less than a quorum may adjourn from time to time. The
affirmative votes of at least a majority of the Board members present at any meeting at which a
quorum is present shall be required to take any action by the Board.
(d) Time and Place of Regular Meetings. The Board shall conduct a regular meeting on
the first regularly scheduled meeting date of the City Council in August, commencing in August,
2000, at the hour of 7:00 p.m. in the City Council Chambers, 70 North First Street, Campbell,
California 95008. Notwithstanding the foregoing, no such meeting need be held in any year
should the Chairperson determine that no business is required to be conducted by the Board at
such meeting. The time, date and place established for regular meetings of the Board may be
changed from time to time by resolution of the Board or by action of the Board duly recorded in
the minutes.
Section 1.04. Otief Financial Officer. Pursuant to Section 6505.5 of the Joint Powers
Law, the person performing the functions as Finance Director of the City is hereby designated
as the initial Chief Financial Officer of the Financing Authority and, as such, shall perform the
functions of the treasurer of the Financing Authority and the. functions of the auditor of the
Financing Authority, as such functions are set forth in Section 6505.5 of the Joint Powers Law.
The Executive Director shall have the right to remove the person who is acting as the Chief
Financial Officer and to appoint any other person to serve as such, whether or not such other
person is the Finance Officer of the City. Pursuant to Section 6505.1 of the Joint Powers Law,
the Chief Financial Officer shall have charge of, handle and have access to all accounts, funds
and money of the Financing Authority and all records of the Financing Authority relating
thereto. As treasurer of the Financing Authority, the Chief Financial Officer shall have custody
of all of the accounts, funds and money of the Financing Authority from whatever source.
In the event, but only in the event, that the Chief Financial Officer holds moneys for the
account of the Financing Authority or the Members, the Chief Financial Officer shall verify and
report in writing at least quarterly to the Financing Authority and the Members the amount of
money so held, the amount of receipts since the last such report, and the amount paid out since
the last such report.
As auditor of the Financing Authority, the Chief Financial Officer shall draw warrants
to pay demands against the Financing Authority when the demands have been approved by the
Board and shall assure that there shall be strict accountability of all funds and reporting of all
receipts and disbursements of the Financing Authority.
Section 1.05. Other Officers of the Finanång Authority. In addition to the Chief
Financial Officer, the officers of the Financing Authority shall consist of a Chairperson,
Executive Director and Secretary, who shall consist of the Mayor, City Manager and City Clerk
of the City, respectively. Said officers shall perform such functions as shall be customary in the
exercise of such positions, and as may be more specifically provided by the Financing Authority
from time to time. The Executive Director shall have charge of the day-to-day administration of
the Financing Authority and shall execute the directives of the Board. The Executive Director
shall sign ail contracts on behalf of the Financing Authority, except as may otherwise be
provided by resolution of the Board. The Secretary shall have charge of the records of the
Financing Authority and shall be responsible for recording the minutes of all meetings of the
Board. The Board shall be represented by an attorney to act as the legal advisor of the
Financing Authority, who shall be the individual acting as City Attorney of the City; such
attorney shall perform such duties as may be prescribed by the Board.
-2-
Section 1.06. Bonding of Officers. From time to time, the Board may designate officers
of the Financing Authority having charge of, handling or having access to any records, funds or
accounts or other assets of the Financing Authority, and the respective amounts of the official
bonds of such officers and such other persons pursuant to Section 6505.1 of the Joint Powers
Law. In the event that any officer of the Financing Authority is required to be bonded pursuant
to this Section 1.06, such bond may be maintained as a part of or in conjunction with any other
bond maintained on such person by any Member, it being the intent of this Section 1.06 not to
require duplicate or over-lapping bonding requirements from those bonding requirements which
are otherwise applicable to the Members.
ARTICLE II
POWERS
Section 2.01. General Powers. The Financing Authority shall exercise the powers
granted to it under the Joint Powers Law, including but not limited to the powers set forth in the
Bond Act and the powers common to each of the Members, as may be necessary to the
accomplishment of the purposes of this Agreement, subject to the restrictions set forth in
Section 2.02. As provided in the Joint Powers Law, the Financing Authority shall be a public
entity separate and apart from the Members.
Section 2.02. Restrictions on Exercise of Powers. The powers of the Financing Authority
shall be exercised in the manner provided in the Joint Powers Law and in the Bond Act, and,
except for the exercise of those powers set forth in the Bond Act, shall be subject (in accordance
with Section 6509 of the Joint Powers Law) to the restrictions upon the manner of exercising
such powers that are imposed upon the City.
Section 2.03. Non-Liability of Members and Directors For Obligations of Authority.
The debts, liabilities and obligations of the Financing Authority shall not be the debts, liabilities
and obligations of any of the Members. No member, officer, agent or employee of the Financing
Authority shall be individually or personally liable for the payment of the principal of or
premium or interest on any obligations of the Financing Authority or be subject to any personal
liability or accountability by reason of any obligations of the Financing Authority; but nothing
herein contained shall relieve any such member, officer, agent or employee from the performance
of any official duty provided by law or by the instruments authorizing the issuance of any
obligations of the Financing Authority.
In addition, no Member shall assume any liability or responsibility for any debts,
liabilities or obligations which may be incurred by the other Member in connection with the
issuance of Bonds or other obligations of the Financing Authority for the benefit of such other
Member.
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ARTICLE In
CONTRIBUTION; ACCOUNTS AND REPORTS; FUNDS
Section 3.01. Contributions. The Members may, but are not required to: (a) make
contributions from their treasuries for any of the purposes set forth herein, (b) make payments
of public funds to defray the cost of such purposes, (c) make advances of public funds for such
purposes, such advances to be repaid as provided herein, or (d) use their personnel, equipment
or property in lieu of other contributions or advances. The provisions of Government Code
6513 are hereby incorporated into this Agreement.
Section 3.02. Accounts and Reports. To the extent not covered by the duties assigned
to a trustee chosen by the Finandng Authority, the Chief Financial Officer shall establish and
maintain such funds and accounts as may be required by good accounting practice or by any
provision of any trust instrument entered into with respect to the proceeds of any Bonds issued
by the Financing Authority. The books and records of the Financing Authority in the hands of a
trustee or the Chief Financial Officer shall be open to inspection at all reasonable times by
representatives of any of the Members. The trustee appointed under any trust agreement shall
establish suitable funds, furnish financial reports and provide suitable accounting procedures to
carry out the provisions of said trust agreement. Said trustee may be given such duties in said
trust instrument as may be desirable to carry out this Agreement.
Section 3.03. Funds. Subject to the applicable provisions of any instrument or
agreement which the Financing Authority may enter into, which may provide for a trustee to
receive, have custody of and disburse Authority funds, the Chief Financial Officer shall receive,
have the custody of and disburse Authority funds as nearly as possible in accordance with
generally accepted accounting practices, shall make the disbursements required by this
Agreement or to carry out any of the provisions or purposes of this Agreement.
ARTICLE IV
MISCELLANEOUS PROVISIONS
Section 4.01. Term. This Agreement shall become effective, and the Financing Authority
shall come into existence, on the date of execution and delivery hereof, and this Agreement and
the Financing Authority shall thereafter continue in full force and effect so long as either (a) any
bonds or other obligations remain outstanding or any material contracts to which the Financing
Authority is a party remain in effect, or (b) the Financing Authority shall own any interest in
any real or personal property. .
Section 4.02. Disposition of Assets. Upon the termination of this Agreement, all
property of the Financing Authority, both real and personal, shall be divided between the
Members in such manner as shall be agreed upon by the Members.
Section 4.03. Notices. Notices hereunder shall be in writing and shall be sufficient if
delivered to:
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City of Campbell
70 North First Street
Campbell, California 95008-1423
Attention: City Manager
City of Campbell Redevelopment Agency
70 North First Street
Campbell, California 95008-1423
Attention: Executive Director
Sêclion 4.04. Seclion Headings, All secnon headings in this Agreement are for
convenience of reference only and are not to be construed as modifying or governing the
language in the section referred to or to define or limit the scope of any provision of this
Agreement.
Section 4.05. Law Governing. This Agreement is made in the State of California under
the Constitution and laws of the State of California, and is to be so construed.
Section 4.06. Amendments. This Agreement may be amended at any time, or from time
to time, except as limited by contract with the owners of any bonds issued by the Financing
Authority or by applicable regulations or laws of any jurisdiction having authority, by one or
more supplemental agreements executed by all of the parties to this Agreement either as
required in order to carry out any of the provisions of this Agreement or for any other purpose,
including without limitation addition of new parties (including any legal entities or taxing areas
heretofore or hereafter created) in pursuance of the purposes of this Agreement.
Section 4.07. Enforcement by Authority. The Financing Authority is hereby authorized
to take any or all legal or equitable actions, including but not limited to injunction and specific
performance, necessary or permitted by law to enforce this Agreement.
Section 4.08. Severability. Should any part, term or provision of this Agreement be
decided by any court of competent jurisdiction to be illegal or in conflict with any law of the
State of Califorrua, or otherwise be rendered unenforceable or ineffectual, the validity of the
remaining portions or provisions shall not be affected thereby.
Section 4.09. Successors. This Agreement shall be binding upon and shall inure to the
benefit of the successors of the respective Members. No Member may assign any right or
obligation hereunder without the written consent of the other Member.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed and attested by their proper officers thereunto duly authorized and their official
seals to be hereto affixed, as of the day and year first above written.
CITY OF CAMPBELL
BY:
Daniel Furtado, Mayor
Dated: October 5, 1999
CITY OF CAMPBELL
REDEVELOPMENT AGENCY
BY:
Daniel Furtado, Chairman
Date: October 5, 1999
SUMMARY OF PRINCIPAL FINANCING DOCUMENTS
The Preliminary Official Statement
The Preliminary Official Statement (POS) is the primary offering document prepared by
the underwriters on behalf of the Agency. It is distributed to all potential purchasers of
the Bonds and provides information on the City and Agency, technical aspects of the debt
instrument, the security for fepayment, and any othef matters that would be of material
concern to potential investors.
Trust Agreement
The Trust Agreement between the Trustee and the Agency, sets forth the Trustee's
fesponsibilities with respect to both the allocation of proceeds from the initial sale of the
Bonds and the annual payment of debt service obligations by the Agency on the Bonds.
The Trustee is also responsible for making principal and interest payments to Bond
holders. First Trust, the City's current Trustee, is recommended to continue as Trustee
for the Agency and the 1999 funds.
Bond Purchase Agreement
The Bond Purchase Agreement between the Agency and Underwriters Stone and
Youngberg, sets forth the terms and conditions for the negotiated sale of the Certificates
to the Underwriters. The resolution approving the Bond Purchase Agreement establishes
a maximum payment to the Underwriters (Of discount) equal to 1.7% of the principal
amount of the Bonds. The precise fee paid to the Underwriter will be determined at the
time of pricing.
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