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Committee backs automatic callback/clawback for noncompliance in pilot agreements
Summary
Members recommended including conditional callback provisions in pilot agreements so failures to meet contractual obligations would trigger automatic enforcement actions; the committee asked staff to define triggers and monitoring responsibilities.
Dr. Harrison proposed a conditional callback mechanism to give the county leverage if developers fail to meet promises tied to incentives: "if a business or developer fails to meet obligations, noncompliance triggers an automatic callback," he said, urging that the ordinance specify what triggers would be and what evidence would be required.
Members discussed whether callback language belongs under monitoring or management, noting monitoring would identify violations and management would execute enforcement. The group asked staff to draft specific trigger definitions (for example, missed unit repairs, failure to meet affordable housing AMI commitments, or job creation targets) and to include documentation standards so callbacks can be enforced without protracted litigation.
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