CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California
REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, April 5, 2022 – 7:30 p.m.
City Hall Council Chamber – 70 N. First Street
This City C ouncil meeting was duly noticed pur suant to open meeting requirements of the Ralph M. Brown Act (G.C. Section 54956).
This meeting was recorded and can be viewed in its entirety at:
https://campbellca.gov/agendacenter and https://www.youtube.com/user/CityofCampbell.
CALL TO ORDER
The City Council of the City of Campbell convened this day in the regular meeting place, the City Hall Council Chamber, 70 N. First St., Campbell, California.
ROLL CALL
Attendee Name Title Status
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
Mark Thornton, Campbell Chamber of Commer ce 2021 Citizen of the Year, led the Pledge of Allegiance.
SPECIAL PRESENTATIONS AND PROCLAMATIONS
There were no special presentations and proclamations.
COMMUNICATIONS AND PETITIONS
There were no communications and petitions.
ORAL REQUESTS
There were no oral requests.
COUNCIL ANNOUNCEMENTS
Minutes of April 5, 2022 City Council Meeting Page 2
City Hall is open to the public for in -person services Monday through Friday, from 8:00 a.m. to 5:00 p .m. For your convenience, online services such as permits, business license a pplications and virtual appointments are available online. Visit the city’s website at www.campbellca.gov to view information f or all city departments and services available.
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 contac t the City Clerk’s Office at (408) 866-2117 or visit the city’s website at www.campbellca.gov.
Application deadline is April 8, 2022 at 5:00 p.m.
Read Beyond the Beaten Path. Summer reading at the Campbell Express Library begins June 1, 2022 and is free and open to all ages. You can register at the library or online at www.sccld.org.
The Campbell Museum is hosting its second biennial Juried Art Show to be on display at the Ainsley House , July through October, 2022. Guidelines for submissions can be found on the Campbell Museums' website at www.campbellmuseums.com. The deadline for submissions is April 15, 2022.
The Ainsley House is proud to announce the Spring 2022 Con cert S eries! Awa rd winning guitarist and vocalist, Chris Cain will perform on April 24, 20 22 in the Ainsley House Garden. Tickets are on sale at www.campbellmuseums.com.
CONSENT CALENDAR
Mayor Resnikoff asked if anyone wished to remove an item from the Consent Cal endar.
Items 7, 8, and 9 were removed.
The Consent Calendar was considered as follows:
1. Minutes of City Council Regular Meeting of March 15, 2022 Recommended Action: Approve the Regular Meeting Minutes of March 15, 2022.
This action ap proves t he City C ouncil Regular Meeting Minutes of March 15 , 2022.
2. Approving Bills and Claims
Recommended Action: Approve the bi lls and claims in the amount of $1,085,722.01.
This action appr oves the bills and claims in the amount of $ 1,085,722.01 as follows: bills and claims checks dated February 28, 2022 , in the amount of $509,904.31; payroll checks dated March 3, 2022, in the amount o f $34,359.99; bills and claims checks dated March 7, 2022, in the amount of $236,647.73; and bills and claims checks dated March 14, 2022, in the amount of $304,809.98.
3. Monthly Investment Transactions Report (February 2022)
Minutes of April 5, 2022 City Council Meeting Page 3
Recommended Action: That the City Council review and accept the Monthly Investment Transactions Report for February 2022.
This action ap proves the Monthly Investment Transactions Report for February 2022.
4. 2021 Fire Marshal Inspection Report (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a Resolution acknowledging receipt of the 2021 Fire Marshal, State Mandated Inspection Repo rt for the City of Campbell.
This action adopts Resolution No. 12811 acknowledging receipt of the 2021 Fire Marshal, State Mandated Inspection Report for the City of Campbell.
5. Resolution Authorizing the City Manager to Execute a 5 -Year Lease Agreement o n Behalf of the Santa Clar a County Specialized Enforcement Team (SCCSET) to Lease Office Space (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a Resolution authorizing the City Manager to execute a 5 -year lease agreement on be half of the Santa Clara County Specialized Enforcement Team (SCCSET) to lease office space.
This action adopts Resolution No. 12812 authorizing the City Manager to execute a 5 -year lease agreement on behalf of the Santa Clara County Specialized Enforcement Team (SCCSET) to lease office space.
6. Initiate Proceedings of the Campbell Lighting and Landscaping D istrict, Fiscal Year 2022-23 (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution initiating proceedings, describi ng the improvements, and directing staff to prepare the Engineer’s Report for the Campbell Lighting and Landscaping Assessment District for Fiscal Year 2022-23.
This action adopts Resolution No. 12813 initiating proceedings, describing the improvements, and directing staff to pr epare the Engineer’s Report for the Campbell Lighting and Landscaping Assessment District for Fiscal Year 2022-23.
M/S: Landry/Bybee – That the City Council approve the Consent Calendar, with the exc eption of items 7, 8, and 9. The m otion was ado pted by t he following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Bybee
AYES: Gibbons, Landry, Lopez, Bybee, Resnikoff
ITEMS CONSIDERED SEPARATE FROM CONSENT
Minutes of April 5, 2022 City Council Meeting Page 4
7. Authorization to Amend On -Call Materials Testing Servi ces Contract (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution authorizing the City M anager to amend the on -call Consultant Services Agreement with RMA Group for materials testing services by increasing the existing compensation in the amount of $250,000 to a revised not to exceed amount of $500,000.
Councilmember Gibbons expressed concerns that the amounts requested will not be sufficient for the needs of the up coming Measure O projects ( Police Department and Library buildings), and requested future Staff Reports to include details on how the monies were expended a nd how they are budge ted for in the future.
M/S: Gibbons/Landry – That the C ity Coun cil adopt Resolution 12814 authorizing the City M anager to amend the o n-call Consultant Se rvices Agreement with RMA Group for materials testing services by increasing the existing compensation in the amount of $250,000 to a revised not to exceed amount of $500,000. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gibbons
SECONDER: Landry
AYES: Gibbons, Landry, Lopez, Bybee, Resnikoff
8. Authorize Issuance of a Request for Qualifications for On -Call Labor Compliance Services (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution authorizing the issuance of a Request for Qualifications (RFQ) for On -Call Labor Compliance Services and authorize the City Manager to execute a contract with the selected labor compliance services provider for a five -year term in an amount no t to exceed $300,000.
Councilmember Gibbons expressed concerns that the amounts requested will not be sufficient for the needs of the up coming Measure O projects ( Police Department and Library bui ldings), and requested future Staff Reports to include details on when the Cit y was notified of contract termination and the status of these contracts into the future.
M/S: Gibbons/Lopez – That the C ity Coun cil adopt Resolution 12815 authorizing the issuance of a Request for Qualifications (RFQ) for On -Call Labor Compliance Services and authorize the City Manager to execute a contract with the selected labor compliance services provider for a five - year term in an amount not to exceed $300,000. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gibbons
SECONDER: Lopez
Minutes of April 5, 2022 City Council Meeting Page 5
AYES: Gibbons, Landry, Lopez, Bybee, Resnikoff
9. Resolution Congratulating Mark Thornton on Being Selected “Citizen of the Year” by the Campbell Chamber of Commerce (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a Resolution congratulating Mark Thornton on being selected Campbell’s 2021 “Citizen of the Year.”
Mayor Resnikoff presented the Resolution congratulating Mark Thornton on being selected Campbell’s 2021 Citizen of the Year. Mayor Resnikoff expressed his gratitude to Mr. Thornton for his many years of hard work in supporting the various community events in Campbell and noted that this award is well deserved.
Councilmembers expressed congratulations to Mr. Thornton and thanked him for his dedication, hard work, and support to the community, noting that this was a well-deserved award.
Mr. Thornton e xpressed apprec iation to the City Council and for the aw ard, noting that he is a minister first, and a guiding light is to love your neigh bor as you do yourself, and that is what he strives to do. Working together is what brings communities together. He is grateful to be a part of it.
M/S: Resnikoff/Landry – That the C ity Coun cil adopt Resolution 12816 congratulating Mark Th ornton on being selected Campbell’s 2021 “Citizen of the Year.” The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Resnikoff
SECONDER: Landry
AYES: Gibbons, Landry, Lopez, Bybee, Resnikoff
PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES
10. Public Hearing to Consider the Application (PLN -2021-201) of Susan Chen for a Planned Development Permit to Allow the Construction of Four Single-Family Homes; a Tentative Subdivision Map to Allow the Creation of Five Lots (Four Residential and One Common Lot); and a Parkin g Modification Permit to Allow Two of the Required Assigned Parking Spaces (Unit Specific), to be Provided as Guest Parking Spaces on Property Located at 1323 Elam Avenue. This Application is In tended to Reinst ate Previous Approvals for a Planned Developme nt Permit (PLN2017 -101), Tentative Subdivision Map (PLN2017 -102), and Parking Modification Permit (PLN2017-338) Which Expired (Resolution/Roll Call Vote) Recommended Action: That the City Coun cil adopt a Reso lution approving a Planned Development Permit, Tentative Subdivision Map, and Parking Modification Permit for the construction of four single -family homes, the creation of five lots (four single -family and one commonly owned lot), and two o f the
Minutes of April 5, 2022 City Council Meeting Page 6
required assigned parking spaces to be provided as guest parking spaces for the property located at 1323 Elam Avenue.
This is the ti me and place for a public hearing to consider the application (PLN- 2021-201) of Susan Chen for a Planned Development Permit to allow th e construction of four Single-Family homes; a Tentative Subdivision Map to allow the creation of five lots; and a Parkin g Modification Permit to allow two of the required assigned parking spaces, to be provided as guest parking spaces on property located at 1323 Elam Avenue. This application is intended to reinstate previous approvals for a Planned Development Permit (PLN2017-101), Tentative Subdivision Map (PLN2017 -102), and Parking Modification Permit (PLN2017 - 338) which expired
Senior Planner S tephen Ros e, presented the Staff Report dated April 5, 2022 and reviewed the proposed project noting it was originally approved in 2 016 and expired in 2020 . T he property owner was required to submit a new project application.
In response to an inquiry, Senior Planner Rose noted the subject project includes a 5 th lot for the driveway and shared lan dscaping. The fron t landscaping is planned to be maintained by the owner of Lot 1.
Mayor Resnikoff opened the public hearing and asked if anyone wished to speak.
Charles Schulz, Campbell resident , spoke of his concerns relating to the power pole on the project site and inquired about requiring improvements.
There being no further public comments, Mayor Resnikoff closed the public hearing.
Senior Planner Rose clarified that the current Municipal Code requires projects of 5 or more proposed lots to underground the utilities, however common lots are exempt from th is requirement. Senior Planner Rose noted that PG&E conducts an annual inspection of utility poles with a more comprehensive review every five years. If the pole is found to be in too poor a condition, it will be replaced.
Councilmembers encouraged Staff to work with PG&E and the property owner to encourage either undergrounding the utilities or i mproving the cond ition of the current power pole.
M/S: Landry/Lopez – That the C ity Coun cil adopt Resolution 12817 approving a Planned Development Permit, Tentative Subdivision Map, and Parking Modification Permit for the construction of four single -family homes, the cre ation of five lots (four single -family and one commonly owned lot), and two of the required assigned parking spaces to be provided as guest parking spaces for the property located at 1323 Elam Avenue. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
Minutes of April 5, 2022 City Council Meeting Page 7
MOVER: Landry
SECONDER: Lopez
AYES: Gibbons, Landry, Lopez, Bybee, Resnikoff
NEW BUSINESS
11. Code Enforcement Program Enhancements
Recommended Action: That the City Council provide policy direction on recommended Code Enf orcement Program en hancements, including authorization for code amendments.
Community Develo pment Director Eastwood presented the Staff Report dated April 5, 2022 and reviewed the three proposed p rogram enha ncements of instituting the use of a Compliance Agreement, creation of a Community Restitution Fund, and making fee adjustments.
In response to inquiries, City Attorney Bill Seligmann , stated that should a Code Enforcement violation result in a necessary removal of a tenant, the landlord would be responsible for the relocation costs , however it is helpful for the City to advance those f unds to the renter to prevent delays in their assistan ce. Le gal fees could be recovered using the Community R estitution Fund, however if the City does not prevail, legal fees would also be award ed to the other party. A Compliance Agreement is legally binding and has the ad vantage of the acknowledged admission of violation.
Councilmembers confirmed consensus for the three proposed program enhancements and for not re turning the Community Restitution Fund monies to the General Fund at the end of ea ch year . Co uncilmembers discussed the potential for a joint awareness campaign with the West Valley Solid Waste Authority Joint Powers Auth ority to educate the public on the Communi ty Restitution Fund and the proactive measures discussed.
UNFINISHED BUSINESS
12. Receive an Update on Business License Processes, Sy stems, and Recommended Improvements and Adopt a Resolution Authorizing the City Manager to Execute an Agreement with Hind erliter, De Llamas and Associates (HdL) for Business License Software in an Amount Not to Exceed $85,900 (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution authorizing the City Manager to execute an agreement with Hi nderliter, De Llamas and Associates (HdL) for Business License Software in an amount not to exceed $85,900.
Finance Manager Norite Vong presented the Staff Report dated April 5, 2022 and reviewed the City ’s current business license process, the need for a n upd ated software system, the vendor costs and proposals received and the reasons for the selected vendor . A total of $60,900 was included in the Fiscal Year 2 022 Operating Budget for this workplan item.
Minutes of April 5, 2022 City Council Meeting Page 8
In response to inquiries, Finance Man ager Vong not ed that the recommend ed vendor, Hinderliter, De Llamas and Associates (HdL) will provide a best practices review of current City processes and has mechanisms to allow the City to bet ter check the status of a businesses Doing-Business-As (DBA) filing, as we ll as reviewing all applicable state licensing requirements, and checking with the Franchise Tax Board to identify those businesses who are operating but have not obtained a City business license.
Councilmember Bybee requested a Request for Prop osals/Request for Qualifications process to be followed for this type of service in the future.
M/S: Landry/Gibbons – That the C ity C ouncil adopt Resolution 12818 authorizing the City Manager to execute an agreement with Hinder liter, De Llamas and Associates (HdL) for Business License Software in an amount not to exceed $85,900. The motion was adopted by the following r oll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Gibbons
AYES: Gibbons, Landry, Lopez, Bybee, Resnikoff
COUNCIL COMMITTEE REPORTS
12. Council Committee Reports
Recommended Ac tion: That the C ity Council report on activities from their committee assignments.
Councilwoman Lan dry attended t he E ducational Subcommittee meeting, Assemblymember Evan Low’s Woman of the Year event, the Campbell Chamber of Commerce’s Sea Salt Therapy event, and the Persian New Year Festival.
Councilmember Lopez at tended the L egislative Sub committee me eting which included a robust discussion on prioritizing legislative bills and outli ning next steps.
Councilmember Gibbons attended the Legislative Subcommittee meeting, Assemblymember Evan Low ’s Woman of the Year event, the Youth Commission’s Coffee & Po litics event , the Citie s Association of Santa Clara County meeting, and the Silicon Valley Clean Energy Aut hority’s Ribbon Cutting Ceremony of the new solar field . Councilmember Gibbons encouraged everyone to si gn up for the Silic on Valley Clean Energy Authority Newsl etter at [email protected] to keep informed about current activities and offerings to residents.
Vice Mayor Bybee attended the C ampbell Chamber of Commerce Celebr ate Campbell event, two ribbon cutting cerem onies, the opening day ceremonies for Campbell Little League and the Ca mpbell Fastpitch Softbal l League, the Downtown Campbell Business Association meet ing, the Silicon Valley Animal
Minutes of April 5, 2022 City Council Meeting Page 9
Control Author ity meeting, the West Valley Mayors & Manage rs meeting, Assemblymember Evan Low ’s Woman of the Year event, and the Youth Commission’s Coffee & Politics event.
Mayor Resnikoff attended the Youth Commission ’s Coffee & Po litics event, and under the Mayor’s authority, ordered the Water Tower to be lit in green and white on March 28th honoring the City of Campbell’s 70 Year Anniversary, and ordered the Tower to be lit the fir st of each month in yell ow and blue in support of Ukraine.
ADJOURN
Mayor Resnikoff adjourned the meeting at 9:08 p.m.
APPROVED:
ATTEST:
Paul Resnikoff, Mayor
Dusty Christopherson, City Clerk