CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California
REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, October 18, 2022 – 7:30 p.m.
City Hall Council Chamber – 70 N. First Street
This City Council meeting was duly noticed pursuant 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 www.cityofcampbell.com/agendacenter
.
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
Mayor Resnikoff 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.
City Attorney Seligmann reported that in the October 18, 2022 Executive Session the City Council unanimously approved the Settlement Agreement for the case of Patricia Balinski v. County of Santa Clara; et al, Case No.: 20CV367229.
ORAL REQUESTS
Campbell Chamber of Commerce, Executive Director, Ken Johnson commented on the success of the previous weekend’s Oktoberfest. He thanked volunteers, the Police and
Minutes of October 18, 2022 City Council Meeting Page 2 Public Works departments and city staff that volunteered their time and services to make the event successful.
COUNCIL ANNOUNCEMENTS
City Hall is open to the publ ic for in-person services Monday through Friday, from 8:00 am to 5:00 pm. For your convenience, online services including permits, business license applications and virtual appointments are available online. Visit the city’s website at campbellca.gov
to view information for all city departments and services available.
The City Clerk’s office is accepting applications for Boards and Commissions. To find out more about these positions, or to apply, please contact the City Clerk’s office at (408) 866-2117 or visit the city’s website at campbellca.gov.
Vote by mail has begun for the upcoming Nov. 8 election. All voters will automatically receive a vote by mail ballot. You do not need to submit a vote by mail request. Ballots will be mailed about one month before each election allowing you enough time to mark and return your ballot. Ballots returned by mail must be postmarked on or before Election Day and must be received no later than 7 days after Election Day. Ballots that are returned in-person must be received by 8pm on Election Day to any authorized drop- off location in the County of Santa Clara. For your convenience, there is a ballot box available at City Hall just below the ramp adjacent to First Street. For additional information on the upcoming elections, please visit the Santa Clara County Registrar of Voters website at sccvote.sccgov.org
.
Live music has returned to the Ainsley House this fall with a series of concerts by talented musicians. Fall Garden Concerts run through November. Tony Lindsay will perform on October 23 and Brian Ho will be performing on November 13. Registration is required.
For additional information, please visit campbellmuseums.com.
CONSENT CALENDAR
Mayor Resnikoff asked if anyone wished to remove an item from the Consent Calendar.
The Consent Calendar was considered as follows:
1. Minutes of City Council Executive Session Meeting of September 27, 2022 Recommended Action: Approve the executive session meeting minutes of September 27, 2022.
This action approves the executive session meeting minutes of September 27 2022, including the desk item.
2. Minutes of City Council Regular Meeting of October 4, 2022 Recommended Action: Approve the regular meeting minutes of October 4, 2022.
This action approves the regular meeting minutes of October 4, 2022.
3. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $591,802.86.
Minutes of October 18, 2022 City Council Meeting Page 3 This action approves the bills and claims in the amount of $591,802.86 as follows:
payroll checks dated September 15, 2022 in the amount of $65,0 16.25; bills and claims checks dated $197,162.24; and bills and claims checks dated $329,624.37.
4. Monthly Investment Transactions Report (September 2022) Recommended Action: That the City Council review and accept the Monthly Investment Transactions Report for September 2022.
This action approves the Monthly Investment Transactions Report for September 2022.
5. Second Reading of Ordinance 2289 Amending Chapter 11.15 (Parklets in the Public Right-Of-Way) (Ordinance/Roll Call Vote)
Recommended Action: That the City Council adopt Ordi nance 2289 amending Chapter 11.15 (Parklets in the Public Right -of Way) of the Campbell Municipal Code to remove the requirement for a security deposit.
Ordinance 2289 amends Chapter 11.15 (Parklets in the Public Right-of Way) of the Campbell Municipal Co de to remove the requirement for a parklet security deposit.
6. Approval of the Vacation of a Portion of Westmont Avenue, Authorizing the Public Works Director to Sign the Quitclaim Deed, and Directing the City Clerk to Record the Resolution – 1445 Westmont Avenue (Resolution/Roll Call Vote)
Recommended Action: That t he City Council adopt a resolution: 1) vacating a portion of Westmont Avenue; 2) authorizing the Public Works Director to sign the Quitclaim Deed; and 3) directing the City Clerk to record the resolution.
Resolution 12901 vacates a portion of Westmont Avenue; authorizes the Public Works Director to sign the Quitclaim Deed; and directs the City Clerk to record the resolution.
7. Approval of Parcel Map Including Acceptance of Street Dedication and Public Service Easements Shown on Said Map – 16160 East Mozart Avenue (Resolution Roll Call Vote)
Recommended Action: That the City Council adopt a resolution approving the Parcel Map and accept the street dedication and public service easements as shown on the map for the property located at 16160 East Mozart Avenue.
Resolution 12902 approves the Parcel Map and accepts the street dedication and public service easements as shown on the map for the property located at 16160 East Mozart Avenue.
M/S: Landry/Gibbons – That the City Council approve the Consent Calendar including the desk ite m. The motion was adopted by the f ollowing roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
Minutes of October 18, 2022 City Council Meeting Page 4 SECONDER: Gibbons
AYES: Resnikoff, Bybee, Gibbons, Landry, Lopez
Mayor Resnikoff took items out of order, hearing New Business item nine prior to Public Hearing item eight.
9. Receive a Report from the Historic Preservation Board Regarding Review of the Mills Act Program and Recommended Program Improvements and Consider Authorizing Expansion of the Mills Act Program as Part of the Recently Authorized Historic Preservation Ordinance Update (CDD FY23 Work Plan).
Recommended Action: That the City Council receive an update on the Mills Act Program and authorize preparation of an expanded Mills Act Program to be incorporated into the Historic Preservation Ordinance Update (CDD FY23 Work Plan).
Senior Planner Fama and Historic Preservation Board Member Corteway presented a staff report dated October 18, 2022. The purpose of the Mills Act review was to verify compliance with the Mills Act state law and associated tax codes and to ensure Mills Act homeowners satisfy the annual City and County reporting requirements.
Mayor Resnikoff asked if anyone from the public wished to speak.
Doug Fournier, Campbell resident, appreciates the City efforts on the Mills Act program and noted that living in a historic home has a higher level of permitting and material requirements than a newer home. These higher requirements create a financial burden which the Mills Act tax breaks greatly alleviates.
Kornel Kovacs, Campbell resident , noted how costly materials and permits were when making his home habitable and noted the rigorous Historic Preservation Board regulations to keep the home’s historic integrity.
Councilmembers expressed support of the update provided. They requested program guidelines be clearer to easily identify how the money is being spent, what documentation is to be provided for approved expenses, and to ensure that homeowners are reinvesting their tax savings into the program to maintain the homes’ structural, architectural, and historical integrity.
After discussion, M/S: Gibbons/Bybee - That the City Council receive an update on the Mills Act Program and authorize preparation of an expanded Mills Act Program to be incorporated into the Historic Preservation Ordinance Update (CDD FY23 Work Plan). The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gibbons
SECONDER: Bybee
Minutes of October 18, 2022 City Council Meeting Page 5 AYES: Resnikoff, Bybee, Gibbons, Landry, Lopez
PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES
8. Public Hearing to Consider Revisions to Approved Mills Act Contracts for Properties Located at 73 S. 1St Street, 204 Alice Avenue, and 81 Alice Avenue, to Extend the Contract Term (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a Resolution approving revision to three approved Mills Act contracts for properties located at 73 S. 1st Street, 204 Alice Avenue, and 81 Alice Avenue, to extend the contract term.
This is the time and place for a public hearing to consider revisions to three approved Mills Act contracts for properties located at 73 S. 1st Street, 204 Alice Avenue, and 81 Alice Avenue, to extend the contract term.
Senior Planner Fama presented a staff report dated October 18, 2022. Senior Planner Fama noted that the staff recommendation was to extend the term of the contracts to 20 years, however, based on the Council’s direction of looking at an expanded revised Mills Act program the alternative recommendation of not incorporating a termination date could be considered. This would be consistent with all previously approved contracts.
Mayor Resnikoff opened the public hearing and asked if anyone wished to speak.
Doug Fournier, Campbell resident, thanked the Council for granting his Mills Act contract. He requested that all Mills Act property owner s all be treated the same and had a permanent contract with no expiration.
Kornel Kovacs, Campbell resident , noted the extensive and costly work that had to be done when remodeling their kitchen to keep the homes’ historic look.
Seeing no one else wishing to speak, Mayor Resnikoff closed the public hearing.
Council was supportive of not imposing an expiration period at this time for properties located at 73 S. 1St Street, 204 Alice Avenue, and 81 Alice Avenue, as is consistent with contracts that had been previously approved in prior years.
M/S: Gibbons/Landry – That the Council consider not imposing an expiration period at this time, consistent with the contracts that had been previously approved in years prior; this would allow the Council to consider the broader policy question of contract term as part of a future update to the Mills Act Program, as the City may file a Notice of Non-Renewal at any time.
City Attorney Seligmann provided clarification to adopt a resolution supporting Council’s direction, Condition of Approval No 5 - Length of Mills Act Contract would need to be removed from the draft resolution. Additionally, the Therefore, Be It Resolved portion of the draft resolution would require a revision changing the contract term for a period of 20-years to an indefinite period of time.
Minutes of October 18, 2022 City Council Meeting Page 6
Including the City Attorney clarification, the motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gibbons
SECONDER: Landry
AYES: Resnikoff, Bybee, Gibbons, Landry, Lopez
NEW BUSINESS
10. Fiscal Year 2022 Year-End Fiscal Update (Resolution/Roll Call Vote) Recommended Action: It is recommended that the City Council receive an update on un-audited Fiscal Year (FY) 2022 year-end General Fund actual revenues and expenditures and adopt a Resolution authorizing year -end correcting Budget Adjustments.
Finance Director Fuentes presented a staff report dated October 18, 2022. General fund budgets, reserve funds, revenues and expenditures were discussed.
Mayor Resnikoff asked if anyone from the public wished to speak.
Steve Saunders, Campbell resident asked if ARPA funds could be used to replenish City Reserve funds.
Staff provided clarification to Mr. Saunders question, stating ARPA funds cannot be used to supplement reserves, and are in a separate fund not part of the general fund.
After discussion, M/S: Landry/Lopez - That the City Council receive an update on un-audited Fiscal Year (FY) 2022 year-end General Fund actual revenues and expenditures and adopt Resolution 12904 authorizing yea r-end correcting Budget Adjustments. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Lopez
AYES: Resnikoff, Bybee, Gibbons, Landry, Lopez
UNFINISHED BUSINESS
There was no unfinished business.
COUNCIL COMMITTEE REPORTS
11. Council Committee Reports
Recommended Action: That the City Council report on activities from their committee assignments.
Minutes of October 18, 2022 City Council Meeting Page 7 Councilmember Gibbons attended a conference of the Council on Foreign Relations on Adapting to a Chan ging Climate ; the Santa Clara County Cities Association Legislative Subcommittee meeting; Silicon Valley Clean Energy meeting where they adopted their Strategic Work Plan and discussed their 100% Carbon-Free Goal.
Councilwoman Landry attended the County Library District JPA Board of Directors meeting.
Councilmember Lopez attended the Bay Area Air Quality Management District Meeting; and volunteered at the Oktoberfest
Vice Mayor Bybee attended the Santa Clara County Cities Association meeting; Friends of the Heritage Theater meeting; and volunteered at the Oktoberfest.
Mayor Resnikoff attended the West Valley Sanitation District Special meeting.
Councilwoman Landry requested that current and previous councilmembers who were involved in the Measur e O project are acknowledged on the dedication plaque.
Councilmember Gibbons requested having the Water Tower Lighting Policy reviewed next year.
ADJOURN
Mayor Resnikoff adjourned the meeting at 9:03 p.m.
APPROVED:
ATTEST:
Paul Resnikoff, Mayor
Andrea Sanders, City Clerk