CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California
REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, February 15, 2022 – 7:30 p.m.
City Hall Council Chamber – 70 N. First Street
This City Council meeting was conducted pur suant to provisions of the B rown Act.
This meeting was recorded and can be viewed in its entirety at:
https://campbellca.gov/agendacenter and https://www.youtube.com/user/CityofCampbell.
CALL TO ORDER
The City Council of the City of Campbell convened on the regularly scheduled day of February 15, 2022.
ROLL CALL
Attendee Name Title Status
Paul Resnikoff Mayor Present
Anne Bybee Vice Mayor Present
Elizabeth 'Liz' Gibbons Councilmember Present
Susan M. Landry Councilmember Present
Sergio Lopez Councilmember Present
PLEDGE OF ALLEGIANCE
Public Works Superintendent Alex Mordwinow led the Pledge of Allegiance.
SPECIAL PRESENTATIONS AND PROCLAMATIONS
There were no special presentations and proclamations.
COMMUNICATIONS AND PETITIONS
City Attorney Bill Seligmann stated that at the February 15, 2022 City Council Executive Session meeting Council discussed In the Matter of the City of Campbel l et. al.; Fair Political Practices Commission (FPP C) No. 2017-00125, and that Mayor Resnikoff and Councilmembers Gibbons and Landry recused themselves due to a personal financial interest and in accordance with the Rule of Necessity and by random selectio n Councilmember Gibbons was chosen to return to the meeting. By a vot e of 3-0, Council
Minutes of February 1, 2022 City Council Meeting Page 2 approved indem nification of Mayor Res nikoff and Councilmembers Gibbons and Landry. Mayor Resnikoff and Councilmember Landry returned to the Executive Session meeting. Council voted unanimously to defend against the action.
1. Request for City Council to Consider a Safe Gun Storage Ordinance Recommended Action: That the City Council accept the written communication.
Sharon Genkin and Cathy Holley spoke in support of and re quested Council adopt a Safe Gun Storage Ordinance.
Mayor Resnikoff stated that this topic would be discussed at the Prior ity Setting Session on February 24, 2022.
ORAL REQUESTS
Sean Mendelson, Campbell resident, spoke of his concerns relating to climat e change and urged the City to adopt a Climate Action Plan.
Andrea Freeman, Campbell resident, spoke of her concerns relating to gun safety and urged the City to adopt a Safe Gun Storage Ordinance.
COUNCIL ANNOUNCEMENTS
Due to the continuing effects of COVID, City Hall remains closed to the public with the exception of City Council, Commission meetings, and certain special meetings a s noticed. Many services are available online and people may call departments directly to schedule appointments as needed. Currently, there is no firm date for reopening daily access to all City services.
The City Clerk’s Office is accepting applications for the Bicycle and Pedestrian Advisory Committee. To find out more about this Committee, or to apply, please contact the City Clerk’s office at (408) 866-2117 or visit the city’s website at www.campbellca.gov .
The final deadline for those interested in submitting a draft r edistricting map is February 18, 2022 at 5:00 p.m. The final public hearing wherein City Council will consider all draft maps is March 1 , 2022. This will be the final opportunity to provide public inp ut on the future of redrawing the City Council election district boundaries. The community’s input is extremely important, and we encourage all resi dents to participate in the redistricting process. For more information, please contact the City Clerk’s Office at (408) 866-2117.
The AARP Tax Aid Program will provide income tax assistance from February 1, 2022 thru April 15, 2022 at the Campbell Community Center. Clients can drop off and pick up their documents by appointment. Income tax assistance is offer ed to Campbell residents 18 years and older. For more information, please visit www.campbellca.gov .
Looking for help with your energy costs? For qualifying residents, one -time rebate or credit is available through Home Energy Assistance Program (HEAP). Transportation,
Minutes of February 1, 2022 City Council Meeting Page 3 legal, and other services are also available. For more information, please call Pat Martinez at (408) 871-5154.
CONSENT CALENDAR
Mayor Resnikoff asked if anyone wished to remove an item from the Consent Cal endar.
Item 5 was removed from the Consent Calendar at the request of a member of the public.
The Consent Calendar was considered as follows:
1. Minutes of City Council Executive Session Meeting of January 18, 2022 Recommended Action : Approve the Executive Session Meeting minutes of January 18, 2022.
This action approv es t he City Council Executive Sessi on Meeting minutes of January 18, 2022.
2. Minutes of City Council Regular Meeting of January 18, 2022 Recommended Action : Approve the R egular Meeting minutes of January 18, 2022.
This action approves the Regular Meeting minutes of January 18, 2022.
3. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $93,074.04 This action approves the bills and claims in the amount of $93,074.04 as follows:
payroll checks dated January 6, 2022, in the amount of $34 ,291.43; bills and claims checks dated January 10, 2022, in the amount of $58,782.61.
4. Investment Report - Quarter Ending December 2021
Recommended Action: That the City Council approve the Investment Report for the quarter ending December 2021 and the report be noted and filed.
This action approves the Investment Report for the quarter ending December 2021 and orders the report be noted and filed.
6. Accept Improvements for the Fiscal Year 20/21 Annual Street Maintenance - Collector and Residential Street Resurfacing, Project 21-BB, and File Notice of Completion (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution accepting the improvements for the Fiscal Year 20/21 Annual Street Maintenance - Collector and Residential Street Resurfac ing, Proj ect 21 -BB (Project); direct the City Engineer to file the Notice of Completion; and authorize the Finance Director to perform a budget adjustment.
Resolution 12798 accepts the improvements for the Fiscal Year 20/21 Annual Street Maintenance - Collector and Residential Street Resurfacing, Project 21-BB
Minutes of February 1, 2022 City Council Meeting Page 4 (Project); direct s the City Engineer to file the Notice of Completion; and authorizes the Finance Director to perform a budget adjustment.
7. Approval of Plans and Specifications, Authorize Advertisement of B ids, Award of Contracts, and Other Associated Actions for the Fiscal Ye ar 21/22 Annual Street Maintenance - Collector and Resident ial Street Resurfacing, Project 22-BB (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resoluti on approving the plans and specifications; authorizing the Public Works Director to advertise for bids and award the project; auth orizing the City Manager to enter into a construction contract with the lowest responsive and responsible bidder in an amount not to exceed $3,201,000 and encumber a 10% construction contingency for a total construction contract amount of $3,521,000; author izing the City Engineer to negotiate and ex ecute contract change orders up to and within the allocated construction contingency; authorizing the Public Works Director to reject bids and rebid the project, should bids received have unamenable irregularities; authorizing the City Manager to enter int o a Cost Share Agreement with the Town of Los Gatos in the amount of $335,000; and authorizing the Finance Director to perform associated budget adjustments.
Resolution 12799 approves the plans and specifications; authoriz es the Public Works Director to advertise for bids and award the project; authoriz es the City Manager to enter into a con struction contract with the lowest responsive and responsible bidder in an amoun t not to exceed $3,201,000 and encumber a 10 % construction contingency for a total construction contract amount of $3,521,000; authorizes the City Engineer to negotiate and ex ecute contract change orders up to and within the allocated construction contingency; authorizing the Public Works Director t o reject bids and rebid the project, should bids received have unamenable irregularities; authorize the City Manager to enter int o a Cost Share Agreement with the Town of Los Gatos in the amount of $335,000; and authorize the Finance Director to perform associated budget adjustments.
M/S: Bybee/Lopez – That the C ity Counc il approv e the C onsent Calendar with the exception of item five. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Bybee
SECONDER: Lopez
AYES: Gibbons, Landry, Lopez, Bybee, Resnikoff
ITEMS CONSIDERED SEPARATE FROM CONSENT
5. Approve the Acceptance of the Revised Comm unity Development Block Grant, Authorize Advertisement of Bids, Award of Contract, and Other
Minutes of February 1, 2022 City Council Meeting Page 5 Associated Actions f or the Communit y C enter Track Resurfacing, Project 21-PP (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution to approve the acceptance of Community Development Block Grant (CDBG) funds in the amount of $365,000 from t he Santa Clara Cou nty Office of Supportive Housing (SCCOSH) for the Campbell Community Center Track Resurfacing Project (21- PP) by authorizing the City Manager to execute the Grant Agreement with the County to accept the CDBG funds; approve the Project Specificat ions; and, authorize the Public Works Director to advertise for bids and award the project; authorize the Public Works Director to rejec t bids and rebid the project should bids received have unamenable irregularities; authorize the City Manager to enter in to a constr uction contract with the lowest responsive and responsible bidder and encumber a 10% construc tion contingency for a total construction amount of up to $365,000; authorize the City Engineer to negotiate and execute contract change orders up to and within the allocated construction contingency; and authorize the Finance Director to perform the associated budget adjustment.
Susan O’Brien, Campbell resident, expressed appreciation f or the Community Center Track Resur facing Project but noted her concerns rel ating to increased bad behavior on the track and requested updated and new signage be placed at the track.
Following discussion , M/S: Gibbons/Landry – That the C ity Counc il adopt Resolution 12797 approving the acceptance of Community Develop ment Block Grant (CDBG) funds in the amount of $365,000 from the Santa Clara County Office of Supportive Housing (SCCOSH) for the Campbell Community Center Track Resurfacing Project (21- PP) by authorizing the City Manager to execute the Grant Agreement with the County to accept the CDBG funds; approv ing the Project Specifications; and, authoriz ing the Public Works Director to advertise for bids and award the project; authorizing the Public Works Director to reject bids and rebid t he project should bids rece ived have una menable irregularities; authoriz ing the City Manager to enter into a construction contract with the lowest responsive and responsible bidder and encumber a 10% construc tion contingency for a total construction amount of up to $365,000; authori zing the City Engineer to negotiate and execute contract change orders up to and within the allocated construction contingency; and authoriz ing the Finance Director to perform the associated budget adjustment. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gibbons
SECONDER: Landry
AYES: Gibbons, Landry, Lopez, Bybee, Resnikoff
PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES
Minutes of February 1, 2022 City Council Meeting Page 6
8. Receive Input from the Community on the Draft District Ma ps Submitted for the Redistricting of City Council District Boundaries (Time Certain 7:45 PM) Recommended Action: Receive input from the Community on the draft distric t maps submitted for the Redistricting of City Council dist rict boundaries and provide any necessary feedback and direction to Staff.
This is the ti me and place for a public hearing to receive input from the community on the draft districts maps submitted for the Redistricting of the City Council district boundaries.
City Clerk Christopherson reviewed the Staff Report dated Februar y 1, 2022 stating that this meeting represents the third in a series of four required public hearings and that this is the fi rst opportunity for Council to cons ider draft district maps. City Clerk Christopherson reviewed the public outreach process completed to date.
Dr. Jeff Ti lton, National De mographic Consultants (NDC), reviewed the Federal and California Laws that must be f ollowed when jurisdictions are considering boundaries for purposes of elections, and reported that in addition to the current City boundary map, which was deemed population balanced with the results of the 2020 U. S. Federal Census , there were four additional maps submitted by members of the public (maps 101 – 104). Dr. Tilton repo rted that map 103 was disqualified as the population between districts is not balanced.
In response to an inquiry, Dr. Ti lton noted that if any changes t o the maps this year, cause two Councilmembers to reside in one District, that Councilmember would not be immediately removed from office. T he Councilmember would remain in their seat representing their area until t he next sc heduled election for that district.
Mayor Resnikoff opened the public hearing.
Anne Souza, C ampbell Village Neighborhood Association representative, spoke in support of map 10 1 which wa s submitted by their neighborhood group and adjusts the boundaries to keep McGlincy Avenue and Union Avenue in District 1.
Ms. Sou za also noted agreement with map 102 whi ch uses Winchester Boulevard as a boundary and also keeps the Campbell Village Neighborhood Association together.
There being no further public comments, the public hearing was closed.
Councilwoman Landry presented google map images of the current District 1 and District 2 boundary li nes and expressed concerns relating to splitting the Campbell Village Neighborhood and the lack of a park in Dist rict 1.
Councilwoman Landry not ed that map 101 does not disenfranc hise any voters
Minutes of February 1, 2022 City Council Meeting Page 7 between Districts 1 and 2 , and noted that the boundary should be Highway 17, and not the frontage road.
Councilmember Gibbons stressed the viewpoint that the Campbell City C ouncil governs on a City-as-a-Whole basis, even though the residen ts vote by district and noted her highest priority is in not disenfr anchising residents, some of whom have not had the opportunity to vote since 2018.
Councilmember Lopez expressed agreeme nt with Councilmember Gibbons noting that the current district boundary map is population balanced and he feels there is a high bar th at would need to be met in order to justify changing boundary lines.
Councilmember Bybee agreed with not disenfranchising any voters and stated that sh e is supportive of the current distr ict boundary map as there was an extensive pr ocess completed in 2019, it is still populatio n balanced , and she would like to see the current map in place for a longer period before any changes are made.
Mayor Resnikoff stated his agreement with the us ability of the current district boundary map and stressed his agreement with Councilmember Gibbons that the Councilmembers govern on a City -as-a-Whole basis and not by district as is done in some other cities. Mayor Resnikoff noted that there is another map submittal deadline of February 18 , 2022 for anybody who would like to present boundary maps for consideration.
9. Public Hearing to C onsider an Ordinance Extending Interim Ordinance No. 2277 that Adopted Urgency Measures to Implement Senate Bill No. 9 ( SB- 9), Concerning Two- Unit Developments an d Lot Splits in Single Family Residential Zones; and Adoption of New Application Fees for SB -9 Applications to be Included in the Schedule of Fee s and Charges (Ordinance/Resolution - 4/5 Roll Call Vote)
Recommended A ction: That the City Council adopt an Ordinance to extend Interim Ordinance No. 2277 that adopted urgency measures to implement Senate Bill No. 9, concerning two-unit developments and lot splits in single family residential zones; and to adopt a Resolution approving new application fees for SB-9 applications.
This is the time and place for a public hearing to consider extending interim Ordinance No. 2277 that adopted urgency measures to implement Senate Bill No. 9, concerning two-unit developments and lot splits in single family residential zones; and adoption of new application fees for SB -9 applications to be included in the Schedule of Fees and Charges.
Senior Planner Daniel Fama presented the staff report dated February 1, 2022 noting that Staff is req uesting an extension of 6- months to the interim ordinance adopting urgency measures relating to the implementation of Senate Bill N o. 9
Minutes of February 1, 2022 City Council Meeting Page 8 (SB-9). Staff anti cipates returning to Council with a fo rmalized ordinance for consideration in late spring 2022. Staff is also requesting ad option of an application fee to support the Cit y in processing SB-9 applications noting that the applications with an urban lot split w ould be calculated at 2 hours of staff time and those with an exception request would be calculated at 4 hours of staff time.
Mayor Resnikoff opened the public hearing, there being none, the public hearing was closed.
In re sponse to an inquiry, City At torney Bill Seligmann and Community Development Director Eastwood noted that recent legi slation placed more rigorous requir ements aroun d the imple mentation of development impact fees, the rules around application fees as pr esented here is that they do not exceed the costs of providing services.
Following discussion, M /S: Gibbons/Bybee – that the City Cou ncil adopt Ordinance 2278 extending Interim Ordinance No. 2277 through October 1, 2022, that adopted urgency measures to im plement Senate Bill No. 9, concerning two-unit developments and lot splits in single family residential zones; and to adopt Resolution 12800 approving new appl ication fees for SB-9 applications. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gibbons
SECONDER: Bybee
AYES: Gibbons, Landry, Lopez, Bybee, Resnikoff
City Clerk Christopherson read the full title of Ordinance 2278.
M/S: Bybee/Lopez – That the City Counc il waive fur ther reading of Ordinance 2278. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Bybee
SECONDER: Lopez
AYES: Gibbons, Landry, Lopez, Bybee, Resnikoff
NEW BUSINESS
10. Acceptance of Fisca l Year 20/21 Annual Comprehensive Financial Report and Auditor’s Written Communication on Internal Controls Recommended Action: That the City Council accept the Fiscal Year 20/21 Annual Comprehensive Financial Report and Auditor’s writ ten communication on internal control structure and the audit process as submitted with this report.
Minutes of February 1, 2022 City Council Meeting Page 9 Finance Manager Norite Vong presented the staff report dated February 1, 2022 and reviewed the status of the general fund and noted that following the annual review the City received a clean auditor’s report with no material findings.
Vice Ma yor Bybee and Councilmember Lopez both serve on the Finance Subcommittee and reviewed the Auditor ’s report at their last meet ing and noted that the audi tor’s commended the Staff o n their fiscal management for the City and that they were very receptive to any suggesti ons for future improvements as well.
M/S: Bybee/Lopez – that the City Council accept the Fiscal Year 20/21 Annual Comprehensive Financial Report and Auditor’s writ ten communication on internal control structure and the audit process as submitted w ith this report. The m otion was adopted by the following r oll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Bybee
SECONDER: Lopez
AYES: Gibbons, Landry, Lopez, Bybee, Resnikoff
11. Fiscal Year 21/22 Mid -Year Financ ial Update and Budget Adjustments (Resolution/Roll Call Vote)
Recommended Action: Staff recommends that the City Council accept the Fiscal Year 21/22 Mid -Year Financial Update Report and adopt a Resolution authorizing the Fiscal Year 21/22 Mid-Year Budget Adjustments.
City Ma nager Loventhal introduced the Staff Report dated February 1, 2022 noting that the City ’s financial year runs from July 1 to June 30 and that at the mid point of each year Staff brings forward a budget adjustment to report on any unexpected expenses or adjust the budget as necessary to accommodate upcoming needs. This year staff has separated the needs into two separate types, the first is unexpected expenses and the second is need based requests, these need based requests include some personnel changes such as unfreezing previously frozen positions or modifying the position type to accommodate a change in the workload needs.
Finance Manager W ill Fuentes provided a financial update stating that the general fund revenues are better than expected and continue to improve by about 8% from th is same time frame a year ago with the exception of the Transient Occupancy Tax (TOT) w hich has not yet recovered its pre -pandemic levels. Finance Manager Fuentes noted that by the end of June 2022 the City will report about $1.8 million ov er what was expected in income projections from the adopted Fiscal Year 21/22 budget. Finance Director Fuentes reviewed the unexpected expenses and the need-based requests.
Minutes of February 1, 2022 City Council Meeting Page 10 In re sponse to an inquiry, Finan ce Director Fuentes noted that the line item relating to the Museum flood repairs of $20,784 is what will be required after the City receives any insurance reimbursement monies.
Vice Mayor Bybee stated her concerns relating to the personnel requests noting that she prefers not to make personnel adjustmen ts outside of the normal budget cycle to ensure all costs of adding or changing posi tions can be absorbed and are appropriate for the budget levels . Vice Mayor By bee expressed concerns relating to the completeness of the staff report noting her desire to include more information relating to duties assigned to each pos ition and what working conditions have changed to justify the need for adding or changing personnel.
Councilmember Gibbons expressed concerns rel ating to the costing in this mid- year report and requested clari fication if the costs included are one -time costs, ongoing costs or just r epresent one quarter. Councilmember Gibbons expressed concern that the items identified during the American R escue Plan Act (ARPA) discussions were not included, suc h as the Communit y Center Wi -Fi needs and the Ai nsley House roof needs. Councilmember Gibbons expressed support for the Community Development requests and the Intersection License Plate Reader cameras. Councilmember Gibbons highli ghted the fact that the Ci ty has a balanced budget this year due to the additional A RPA funds received fr om the Federal Government.
Councilmember Lopez stated that he is viewing these personnel requests as staff reprioritizing their departmental needs noting that several of the personnel costs are offset in other areas, and he is uncomfortable pushing some of these requests to the budget cycle if they satisfy a n urgent need in the depar tments now.
Mayor Resnikoff noted that he is supportive of making personnel changes at the point in which a position is vacant, as this is often the best time to make the change but did state that additional information could be very helpful on some of these requests.
City Manager Loventhal noted a correction to the needs -based request list, there is an offset relating to the conversion of a Senior Engineering Techni cian to an Administrative Analyst position. This line item should be reflected as a - $10,000 bringing the total needs based request to $440,000.
Public Works Director Todd Capurso noted that the increased contractual costs in Building Maintenance are due to staffing vacancies and is being offset by salary savings, it is a one-time cost.
Following d iscussion, Cou ncil confirmed consensus for approving the unexpected needs list , the needs-based requests for the services, supplies , and equipment, and the need-based personnel requests.
Minutes of February 1, 2022 City Council Meeting Page 11
Councilmember Bybee stated t hat she is recording a no vote on the mid -year budget requests as she does not feel she has enough infor mation to make an informed decision on the personnel requests and she is uncomfortable making personnel changes outside of the formal budget process.
Following discussion, M/S: Gibbons/Bybee – That the City Council accept the Fiscal Year 21/22 Mid-Year Financial Update Report with the addition of the Community Center Wi -Fi, the cost adjustment for the conversion of the Senior E ngineering Technician to A dministrative Analyst and an informational memorandum detailing personne l changes , including the Desk Item ; and adopt Resolution 12801 authorizing the Fiscal Year 21/22 Mid-Year Budge t Adjustments. The motion was ado pted by the fol lowing roll call vote:
RESULT: ADOPTED [4 TO 1]
MOVER: Gibbons
SECONDER: Bybee
AYES: Gibbons, Landry, Lopez, Resnikoff
NOES: Bybee (not supportive of personnel requests)
UNFINISHED BUSINESS
There was no unfinished business.
COUNCIL COMMITTEE REPORTS
12. Council Committee Reports
Recommended Action: That the C ity Council report on activities from their committee assignments.
Councilmember Gibbons a ttended the Education Subcommittee meeting and discussed the need for mental health support for parents noting the assistance that could be provid ed through the Library District and reported that the City agreed to meet with the C ampbell Union School District to investigate what Wi-Fi connectivity n eeds they have that the City could potentially assist with and discussed
Councilwoman Landr y expressed a ppreciation to those who attend her Committee assignments as alternates.
Councilmember Lopez attended the F inance Subcomm ittee meeting and attended as alternate the Santa Clara Valley Water District, County Water Commission meeting and reported that the District is taking measures to mitigate the impact to rate payors as they invest in needed infrastructure.
Minutes of February 1, 2022 City Council Meeting Page 12 Vice Mayor Bybee attended the Chamber of Commerce monthly luncheon and the ribbon cutting ceremony of the new Advanced Home Improvement business.
Mayor Resnikoff attended the Silicon Valley Animal Control Authority meeting reporting that he was elected to s erve as Chairperson, and attended the joint meeting of the West Valley Clean Water JPA and the West Valley Solid Waste Authority JPA , and spoke at the Moreland West N eighborhood Assoc iation meeting.
ADJOURN
Mayor Resnikoff adjourned the meeting at 9:56 p.m.
APPROVED:
ATTEST:
Paul Resnikoff, Mayor
Dusty Christopherson, City Clerk