CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California
REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, December 6, 2022 7:30 p.m.
City Hall Council Chamber – 70 N. First Street
This City Council meeting was duly noticed purs uant 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 con vened 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 ALLEGIANC E
The Pledge of Allegiance was led by Fin ance Di rector , Will Fuentes and Public Works Dir ector, To dd Capurso in recognition of the ir fin ancial awards and park s improvement achievements. Mayor Re snikoff presented each of the m w ith a certificate of appreciation for lea ding th e Pledge of Allegi ance.
SPECIAL PRESENTATIONS AND PROCLAMATIONS
1. Recognition of the City Rec e iving the Government Finance Officers Association (GFOA)'S Certificate of Achievement for Excellence in Financial Reporting for the Fiscal Year End ed June 30, 2021 and the GFOA's Distinguished Budget Presentation Award for the Fiscal Year Beginning July 1 , 2022
Recommended Action: That the Mayor and City Council recognize and congratulat e the Finance Department for their dedicated service in receiving the GFOA ’s Certificate of Achievement for Excellence in Financial Reporting for the fiscal year end ed Ju n e 30, 2021 and the GFOA's Distinguished Budget Presentation Award for the fiscal year beginning July 1, 2022.
Minutes of Dece mber 6, 2022 City Council Meeting Pa ge 2 Mayor Resn ikoff congra tulated Director Fuentes and the Finance Department for their leadership a nd dedicated service in receiving the GFOA ’s Cer ti ficate of Achievement for Excellence in Financial Reporting for the fiscal year end ed June 30, 2021 and the GFOA's Distinguished Budget Presentation Award for the fiscal year beginning July 1, 2022 .
Finance Director Fuentes thanked the Council for their re co gnition and his entire Finance team for all of their ded icated efforts o n the Budget .
M ayor Resniko ff presented Direc tor Fuentes a proclamation for h is achievements .
M/S : Gibbons/Bybee – That the Mayor and City Council recognize and congratulat e the F inance Department for their dedicated service in receiving the GFOA ’s Certificate of Achievement for Excellence in Financial Reporting for the fiscal year ended June 30, 2021 and the GFOA's Distinguished Budget Presentation Award for the fiscal year begi nn ing July 1, 2022. The motion was adopted by the follow in g roll call vote:
RESULT: ADOPTED [ UNANIMOUS]
M OVER: Gibbons
SECONDER: Bybee
AYES: Resnikoff, Bybee, Gibbons, Landry, Lopez
2. Proclamation Recognizing the Public Works Department Parks Team for th e Implementation of Park Improvement Projects and C ontinued Maintenance Services
Recommended Action: That the City Council recognize the Public Works Department Parks Team for their efforts in implementing park improvements and continuing to maintain park s to ensure the continued accessibility and safety of park amenities to members of the Campbell community.
M ayor Res nikoff congratul ated the Public W orks D epartmen t and the Parks T eam for th eir outstanding efforts in the successful com pletion of multipl e park and play ground improvements and for m ain ta in ing, improving, and preserving al l parks in the City . He noted the exceptional benefit s these projects provide to the Campbe ll community.
Public Works Director Capurso thanked the Mayor and the City C ounc il for the ir recogn ition and for p rovi ding the re sources to make these projects succ essful .
He also th anked the Parks Team for their significant accomplishments , and the E nginee ring D e p ar tment , Senior Engineer , Fred Ho , and City Engineer , Amy Olay , for the excepti on al park s designs . Director Capurso a lso thanked the In spection D ivision, represented by John Burchfiel , and the Parks Maintenance staff , repres en ted by Interim Maintenance Superintendent , Ron Taormina and Parks Superviso r, Bob Siud zinski .
Dawn Anderson, Ca mpb ell resident and business owner , indicated that she was a Certif ied Access Specialis t and ADA Coordinator, noted her prior experience as a California Sa fety Pl ay ground Inspecto r, and state d her concerns that the Minutes of Dece mber 6, 2022 City Council Meeting Pa ge 3 Cam p bell Park is no t accessible to people with disabilities and is not co nforming to State and ADA Building Codes. She also noted that she will prov id e her report on specific violatio ns t o the City Clerk and the D epartment of Justice.
Mayor Resnikoff prese nted the Publi c Wo rks s taff a proclamation for their achievements.
M /S: Lop ez/Byb ee - That the City Council recognize the Public Works Department Parks Team for their efforts in implementing park improvements and continuing to maintain parks to ensure the continued ac cessibility and safety of park amenities to members of the C amp bell community. The motion was adop ted by the following ro ll call vote.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Lopez
SECONDER: Bybee
AYES: Resnikoff, Bybee, Gibbons, Landry, Lopez
COMMUNICATIONS AND PETITIONS
Th ere were no communications and petitions.
ORAL REQUESTS
Ther e were no oral requests.
COUNCIL ANNOUNCEMENTS
City Hall is open to the public 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 an d v irtual appointments are available online. Visit the city ’s website at campbellca.gov to view information for all city departments and services availa ble.
The City Clerk ’s office is accepting applications for Boa rds 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 .
The Ainsley House and Museum Ho liday Boutique will be open for public tours every Thursday thr ough Sunday, u ntil December 18 . For more information about this and other upcoming events, please visit campbellmuseums.com .
The Campbell Heri tag e Theatre presents Christmas with the Celts on Friday, December 9 at 8 :00 pm. To purchase tickets, please visit the city ’s website at campbellca.gov .
The Academy of Classical Ballet – CA presents: A Winter Wo nde rland Studio Dance Production at the Heritage Theatre on Friday, December 16, & Saturday, December 17 .
To purchase tickets, please visit the city ’s website at campbellca.gov .
Minutes of Dece mber 6, 2022 City Council Meeting Pa ge 4 City Hall offices will be closed for business beginning Friday, December 23 thr ough Monday, January 2. Police and emergency services will remain open.
CONSENT CALENDAR
Mayor Resnikoff asked if anyone wished to remove an item from the Consent Calendar.
Item s 15, 17, 18 , 20 and 21 were pulled from the consent calendar.
The Consent Calendar was considered as follows:
3. Minutes of City Council Executive Session Meeting of November 1, 2022 Recommended Action : Approve the exe cutive session m eeting minutes of November 1, 2022.
This acti on appr oves the executive session meeting minutes of November 1, 2022.
4. Minutes of City Council Special Meeting of November 1, 2022 Recommended Action : Approve the special meeting minutes of November 1, 2022.
Thi s action approves the special meeting m inutes of November 1, 2022. 5 . Minutes of City Council Regular Meeting of November 1, 2022 Recommended Action : Approve the regular meeting minutes of November 1, 2022 .
Thi s action approves th e regular meeting minutes of November 1, 2022.
6. Minutes of Ci ty Coun cil Executive Session Meeting of November 15, 2022 Recommended Action : Approve the executive session meeting minutes of November 15, 2022.
This action approves the executive sess ion mee ting minutes of November 15, 2022.
7. Minutes of City Council Regula r Meeting of November 15, 2022 Recommended Action : Approve the regular meeting minutes of November 15, 2022 .
This action approves the regular meeting minutes of November 15, 2022.
8. App roving Bills and Claims
Recommended Action: Approve the bill s a nd c laims in the amount of $1,094,744.11 .
This a ction approves the bills and claims in the amount of $1,094,744.11 as follows: payroll checks dated October 13, 2022, in the amount of $66,686. 00; bills and clai ms checks dated October 17, 2022, in the am ount of $277,137.44; and bills and claims ch ec ks dated O ctober 24, 2022, in the amount of $784,092.67.
9. Monthly Investment Transactions Report (October 2022) Recommended Action: That the City Council review and accept the Monthly Investment Transactions Report for October 2022.
Minutes of Dece mber 6, 2022 City Council Meeting Pa ge 5 This action note s and file s the Monthly Investment T ransactions Report for Oc tober 2022.
10. Community Facilities District No . 1 Report Fiscal Year (FY) 2021-22 Recomm ended Action: That the City Council note and file the Annual Bond Ac countability Report for the City ’s Community Facilities District No. 1 ( “CFD ”) for Fiscal Year ending June 30, 2022, as mandated by the Californi a Government Code Sections 53411 and 50075. 3.
This action notes and files the Annual Bond Accountabilit y Repor t for the City ’s Community Facilities District No. 1 ( “CFD ”) for Fiscal Year ending June 30, 2022, as mandated by the Californi a Government Code Sections 53411 and 50075.3.
11. Community F acilities District No. 2 Report Fiscal Year (FY) 2021-22 Rec ommende d Action: That the City Council note and file the Annual Bond Accountability Report for the City ’s Community Facilities Distric t No. 2 ( “CFD ”) for Fiscal Year ending June 30, 2022, as mand ated by the California Government Code sections 53411 and 500 75.3.
This action notes and files the Annual Bond Accountability Report for the City ’s Community Facilities Distric t No. 2 ( “CFD ”) for Fiscal Year ending June 30, 2022, as mandated by the Califo rnia Government Code sections 53411 and 50075.3.
12. Approval of Tra ct Map No. 10580 Including Acceptance of Public Service Easements Shown on Said Map – 1429 & 1445 Westmont Av enue (Resolution/Roll Call Vote)
Recommended Action: That the City Council ado pt a resolution approving the Tract Map for Tract No. 10580 a nd acce pt the public service easements as shown on the map for the property located at 1429 & 1445 Westmont Avenue.
Resolution 12911 approves the Tract Map for Tract No. 10580 and accept s the pu blic service easements as shown on the map for the property located a t 1429 & 1445 Westmont Avenue.
1 3. Approval of the Vacation of the Light and Air / Building Line, and the Future Avenue Line Within Lot 1 of Tract Map No. 89 (Portions of Hacienda Avenue – Formerly Allendale Avenue, and Burrows Road) and Directing the City Clerk to Record the Resolutio n (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution (1) summarily vacating the Light and Air / Building Line within L ot 1 of Tract Map No. 89; (2) summarily vacating the Future A venue Li ne within Lot 1 of Tract Map N o. 89; and (3) directing the City Clerk to record the resolution.
Resolution 12912 summarily vacat es the Light and Air / Building Line within Lot 1 of Tract Map No. 89; summarily vacat es the Future Avenue Line within Lot 1 of Tract Map N o. 89; and direct s the City Clerk to record the resolution.
Minutes of Dece mber 6, 2022 City Council Meeting Pa ge 6
14. Accept Improvements for the FY 21/22 Annual Street Maintenance - Collector and Residential Street Resurfacing, Project 22-BB, and File Notice of Completion (Resolution/Roll Call Vo te)
R ecommended Action: That the City Council adopt a resolution accepting the improvements for the FY 21/22 Annual Street Maintenance - Collector and Residential Street Resurfacing, Pro ject 22-BB; directing the City Engineer to file the Notice of Complet ion; a nd authorizing the Finance Director to perform a budget adjustment.
Resolutio n 1291 3 accept s the improvements for the FY 21/22 Annual Street Maintenance - Collector and Residential Street Resurfacing, Project 22-BB; direct s the City Engine er to fi le the Notice of Completion; a nd authoriz es the Finance Director to perform a budget adjustment.
1 6 . Accept the “ Energy Conservation Upgrades and Infrastructure Improvements ” (ESCO) P roject No. 21-OO, and Direct Filing of Notice of Completion (Res olution/ Roll Call Vote)
Recommended A ction: That the City Council adopt a resolution accepting the work completed for the City ’s “Energy Conservation Upgrades and Infrastructure Improvements ” (ESCO) Project 21-OO and direct the City Engineer to file the N otice of Completion.
Resolution 12914 accept s the work completed for the City ’s “Energy Conservation Upgrades and Infrastructure Improvements ” (ESCO) Project 21- OO and direct s the City En gineer to file the Notice of Completion.
19. Resolution Reviewing and Accepting the Annual Developer Fee Disclosure Information for the Environmental Services Fee, Parkland Dedication Fee, and Vehicle Impact Fee and Making Five-Year Findings for the Parkl and De dication Fee and Vehicle Impact Fee for the Fiscal Year Ended June 30, 2022 Pursuant to California Government Code (GC) Section 66001 (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution consistent with the Mitiga tion F ee Act (AB-1600) to review and accept the annual de veloper fe e disclosure information for the Environmental Services Fee, Parkland Dedication Fee, and Vehicle Impact Fee and make five-year findings for the Parkland Dedication Fee and Vehicle Impact F ee for the Fiscal Year ended June 30, 2022 pursuant to Ca lifornia G overnment Code (GC) Section 66001.
R esolution 12915 , consistent with the Mitigation Fee Act (AB-1600) to review and accept the annual de veloper fee disclosure information for the Environ mental Se rvices Fee, Parkland Dedication Fee, and Vehicle Impact Fee an d make five- year findings for the Parkland Dedication Fee and Vehicle Impact Fee for the Fiscal Year ended June 30, 2022 pursuant to Ca lifornia Government Code (GC) Section 66001.
M/S : Landry/By bee – That the City Council approve the Consent Calendar with the ex ception of items 15, 17, 18, 20 and 21 . The motion was adopted by the following roll call vote:
Minutes of Dece mber 6, 2022 City Council Meeting Pa ge 7 RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Bybee
AYES: Resnikoff, Bybee, Gibbons, Landry, Lopez
ITEMS CONSIDERED SEPARATE FROM COSENT
15. Resol ution Declaring Weeds a Public Nuisance and Scheduling a Public Hearing
Recommended Action: That the City Council adopt a resolution , declaring weeds a public nuisance, and setting J anuary 17, 2023, as the date for a public hearing to hear pro tests.
City Manag er Loventhal pulled th e item to note that due to a conflict with Councilmem bers attending training conferences out of town , the January 17, 2023 Council meeting will be can celle d and a special Council meeting will be held on January 23, 202 3 . He recommended scheduling the public hearing for weed abat em ent to January 23, 202 3 .
M/ S : Gibbons /Landry – That the City Council adopt Resolution 12916 declaring weeds a public nuisance, an d setting January 23 , 2023, as the date for a public hearing to hear protests. Th e motion was adopted by the followi ng roll call vo te:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gibbons
SECONDER: Landry
AYES: Resnikoff, Bybee, Gibbons, Landry, Lopez
17 . Amendment to the Classi fication and Salary Plan
Recommended Action: That the City Council adopt the Resolution amending the Classification and Salary Plan for Recreation Program Coordinator and Police Officer.
Councilmember Gibbons asked for clarification on the Youth Commission staff liaison position.
Recreation and Community S erv ices Direc tor Natasha Biss ell stated that for the Youth C ommission to maintain consistency for the rem a in der of the year, current staff member Gayathri Balasubramanian will continue to support th e Comm ission. O nce the Recreation Program Coordinator position is filled , th e Y ou th Comm ission staff liaison will fall under that position ne xt year.
M/S: G ibbons /L o pez - That the City Council adopt Resolution 12917 amending the Classification a nd Salary Plan for Recreation Program Coordinator and Police Officer. The mo tion was adop ted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Gibbons
Minutes of Dece mber 6, 2022 City Council Meeting Pa ge 8 SECONDER: L opez
AYES: Resnikoff, Bybee, Gibbons, Landry, Lopez
18 . Contract Amendment for Maze & Associates
Recommended Actio n: That the City Council adopt a res olution autho rizing the City Manager to approve and execute an amendment to the Consultant Services Agreement with Maze & Associates for payroll operations support and system imple mentation services and authorizing a cor responding budget adjustment.
Counc ilmember Gibb ons asked for clarification regarding the funding for the add itio nal staffing request ed.
Finance Director Fuentes clarified that there is a total contract need of $ 1 95 ,000 , there is an existin g contract in the a mount of $5 0,000 , leaving a need for $145,000 to cover payroll operations support and system implementation services support .
Councilmember Gibbons expressed concerns with the staff report and w as not support ive of using ARPA fu n ds towards the contract.
M/S: L op ez/Landry – That the Cit y Council ado pt Res olutio n 12918 authorizing the City Manager to approve and execute an amendment to the Consultant Services Agreement with Maze & Associates for payroll operati ons support and system implementation services ; and authorizing a cor responding budget adjust ment. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Lopez
SECONDER: L andry
AYES: Resnikoff, Bybee, Gibbons, Landry, L opez
2 0 . Amendment to the Consultant Services Agreement with O'Brien Code Consul ting for Plan Check Services (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution authorizing a con tract amendment with O ’Brien Code Consul ting and dispens e with the bidding requirements as specified by the Campbell Mun icipal Code Se ction 3.20.30(8).
Dawn Anderson, Cam pbell resident and business own er, asked if the contract followed Campbell M unici pal Code Se ction 3.20.30, and if the ser vices pro vided by O ’Brien Co de Consulting were in compliance with the Municipal Code . She asked if the O ’Brien Code Consulting contract would terminate in July 2024, what types of inspections th ey would be doing , and what accessibility and structural insp ections would be complet ed.
Councilmember G ibbon s request ed staff follow up with Ms. Anderson to an swer her questions.
M/S: Bybee/Landry - That the City Council adopt resolution 12919 authorizing a con tract amendment with O ’Brien Code Consulting and Minutes of Dece mber 6, 2022 City Council Meeting Pa ge 9 dis pens e with the bidding requirements as specified by the Campbell Municipal Code Secti o n 3.20.30(8) . The motion was adopted by th e following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Bybee
SECONDER: L andry
AYES: Resnikoff, Bybee, Gibbons, Landr y, Lopez
21 . Resolution Commending Sergeant Brian Sessions for Over 17 Years of Service t o the City of Campbell (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a Resolution commending Sergeant Brian Sessions for his over 17 Yea rs of Service to the City of Campbell.
Councilmembers gave congratulatory comments to Se rg eant Session s upon his retirem ent and acknowledged his s ervice to the Police D epartment and the C am pbell community.
M/S : Bybee/Landry – That the City Cou ncil adopt Re solution 12920 commending Sergeant Brian Sessions for his over 17 Years of Service to the City of Camp bell. The mot ion was adopted by the foll owing roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Bybee
SECONDER: L andry
AYES: Resnikoff, Bybee, Gibbons, L andry, Lopez
NEW BUSINESS
2 2 . Authorization for the Grant Application, Acceptance, and Execution of th e Grant Funds from the State of California Budget Act of 2021 (SB 129), for the Campbell Library Renovations Project (Project No. 23-SS); Authorizing the City Manager to Execute the Funding Agreement with the California State Library and Any Amendments The reto; and Aut h oriz ing the Finance Director to Perform a Budget Adjustment (Resolution/Roll Call Vote) Recommended Action: Tha t the City Council adopt a Resolution authorizing the grant application, acceptance, and execution of the grant funds from the Sta te of Califor n ia Budget Act of 2021 (SB 129) for the Campbell Library Renovations Project (Project No. 23-SS); authorizing the City Manag er to execute the Funding Agreement and Any Amendments with the State of California Library; and authorizing the Financ e Director to perform a budget adjustment.
Public Works Director Capurso presented a staff report dated December 6, 2022 and spoke of the grant acceptance for the Lib rary Renovations Project. The grant funds were intended to focus on critical systems ’ main tenance needs , mandated fire and life safety improvements , and compliance with the Ca liforn ia Americans with Di sabilitie s Act (ADA) . The City is eligible for $ 4.7 million with a City match from Measure O funds that were already allocated from the project.
Minutes of Dece mber 6, 2022 City Council Meeting Pa ge 10 Gayle Visher , C ampbell resident , thanked the City for its hard work , and thanked the S anta C lara County L ibrary D istrict and all the Measure O voters. She noted the public benefit that the library provides and how important this grant is to the project ; especially , with the e scalating const ruction cost s .
Jennifer Weaks , C ounty L ibrarian for the Santa Clara County Li brary District , thanked staff for their efforts in securing the grant. She noted that this grant is th e s ingle biggest investment made in public libraries in the state of C alifo rnia. T his grant will ai d in ad dress ing the deficiencies and bringing the buil ding up to code.
Councilmember s expressed their appr ec iation to staff for the significant gran t award.
M/S: Gibbons/La ndry – Th at the City Cou ncil adopt Resolu tion 129 21 authorizing the grant application, acceptance, and execution of the grant funds fro m the State of California Budget Act of 2021 (SB 129) for the Campbell Libr ary Renovations Project (Project No. 23-SS); authorizing the City Manag er to execute the Fundin g Agreement an d Any Amendments with the State of California Library; and authorizing the Finance Director to perform a budget adjustment. The motion w as adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVE R: Gibb ons
SECONDER: L andry
AY ES: Resnikoff, Bybee, Gibbons, Landry, Lopez
2 3 . Approval of a Professional Services A greement with the Gordian Group for a Facilities Inve ntory and Condition As sessment of City-Owned Buildings through a Cooperative Purchasing Agreement with Sourcewell and Dispensing of Bidding Requirements as Specified in Campbell Municipal Code Section 3.20.030(6) (Resolution/Roll Call Vote)
Recommended Ac tion: That the City Co uncil adopt a resolution (1) authorizing the City Manager to enter into a Professional Services Agreement wit h the Gordian Group to perform a Facilities Inventory and Condition As sessment of various City-owned buildings with pricing a nd terms as determined by the City ’s participation in a Cooperative Services Agreement with Sou rcewell (a Cooperative Purchasing Fir m); and (2) to dispens e with bidding requirements, as authorized in Campbell Municipal Code Section 3.20.030(6), for professi onal services intended to provide information for staff ’s use during project development and implementation.
Publ ic Works Direc tor present ed a st a ff repor t dated December 6, 2022. For C ity fac ilities, he stated that asset management practices involve an increased level of preventive maintenance to extend the useful life of asse ts . The Gordian Group have successfully performed simi lar work for the Co unty and come highly recommended to perform a detailed inventory and City condition assessment of all city ow ned struct ures. Director Capurs o noted th at the li brary building and Police modular buildings were included in the assessment bu t c ould be re moved if the Cou ncil wishe d.
Minutes of Dece mber 6, 2022 City Council Meeting Pa ge 11 Steve Sau nders, Campbe ll resident , asked if the Community Cent er pool was part of the assessment.
Staff noted tha t the pool was not pa rt of the assessment, but they wil l be looking at the buildings surrounding th e pool .
David Tsung, Gordian representative , noted tha t ADA Tie r 1 assessments are included in any future park assessment s . He s tated that the y do have capabilities to take the assessment further.
Daw n Anderson , Campbell resident and business owner, asked for c onsidera tion of the following matters : th at the City has not completed a Transition Plan of its facilities under ADA Part 2 Regulations , nor does the C ity ha ve any budgetary appro priations to complete the Transition Plan. She expressed co ncerns th at the c on tract is a sole source contract that did not go out for competitive bidding and requested that the Council bid the p roject through the Request for Proposals (RFP) process.
Councilmembers discussed the importance of a thorough ADA review for compliance. Councilm embers s tated support for th e current con tra ct and scope of work.
After discussion, M/S: Gibbons/Bybee - That the City Co uncil adopt R esolution 12922 authorizing the City Manager to enter into a Professional Services Agreement with the Gordian Group to perform a Facilities Inven tor y and Condition Assessment of various City-owned buildings with pricing a nd terms as determined by the City ’s participation in a Cooperative Services Agreement with Sou rcewell (a Cooperative Purchasing Firm); and to dispens e with biddi ng requirements, a s authorized in Campbell Municipal Code Section 3.20.030(6), for professi onal services intended to provide information for staff ’s use during project development and implementation. The motion was adopted by the following roll cal l vote :
RESULT: ADOPTED [ U NANIMOUS]
MOVER: Gibbons
SECONDER: Bybee
AYES: Resnikof f, Bybee, Gibbons, Lan dry, Lopez
2 4 . Amending Classification Plan to Adjust the Salary Range of Unrepresen ted Unclassified Management Police Chief Position (Resolution/Roll Call Vot e) Recommended Ac tion: That the City Council approve the Resolution that will amend the compensation for the unrepresented unclassified management Police Chief classification.
Human Resources Manager, J en ny Li-Christensen presented a staff report dated D ecem ber 6, 2022. S h e note d that follo w ing nego tiations wit h represented labor groups , there was a compaction issue between the Poli ce Captain and Police Minutes of Dece mber 6, 2022 City Council Meeting Pa ge 12 C hief classifications. Per the City of Campbell Personnel Rules and Regulations a department head should be in a s alary range which is a minimum of 10% above the top step of the range of his hig hest salaried assistant or division head .
She then noted that staff is recomme n ding the Step 5 of the Police Chief classi ficatio n be amended to foll ow the City of Campbell Personnel Rules and Regulations .
After discussion, M/S: Byb ee /Landry - That the City Council approve Resolution 12 923 that will amend the compensation for the unrepresented unclassified management Police Chief cl assification. The motion was ado pted by the following ro ll call vote:
R ESULT: ADOPTED [ UNANIMOUS]
MOVER: Bybee
SECONDER: Landry
AYES: Resnikof f, Bybee, Gibbons, Lan dry, Lopez
2 5 . Resolution Amending Agreement for City Manager Services (Resolution/Roll Cal l Vote)
Reco mmended Action: Th at the City Council adopt a Resolution amending the Second Amended Agreement for City Manager services, authoriz ing a one-time retro-a ctive payment to the City Manager, and updating the City 's Salary Schedule for the City Man ager Classifi cation.
Human Res ources Manager , J enny Li-Christensen presented a staff report dated Decem ber 6, 2022 . She stat ed th a t the C ity Manager did not receive a salary adjustment after negotiation s closed with represented la bor g roups and that a compaction issue now existed between the City Manger a nd Police C hief cl assifications .
After discussion, M/S: Landry /Bybee - That the City Council adopt Resolution 12924 amending the current agre ement for City Manager services, authoriz ing a o ne-time retro-a ctive payment to the City Manager, and updating the City's Salary Sc hedule for the City Manager Classification.
The motion was adopted by the fo llowing ro ll call vote:
RESULT: ADOPTED [ UNANIMOUS]
MOVER: Landry
SECONDER: Bybee
AYES: Resnikof f, Bybee, Gibbons, Landry, Lopez
2 6 . Update to L egislative Advocac y Pr inciples
Re commended Action: Consider Recommendation of the Legislative Subcommittee to Update the Legislative Advocacy Principles Policy .
Assist ant City Manager, Angelique Gaeta pres ented a staff report dated December 6, 2022. She not ed upda tes to the Legislative Advoca c y Pri nciples Policy included the addi tion of an alt ern ate member to cover when a current member is unavailable or needs to recuse themself ; clari fication that the Le gislative Subcommittee will mee t through the end of the Legislative Ca lendar Minutes of Dece mber 6, 2022 City Council Meeting Pa ge 13 in Se ptember ; and the add ition of L egislative P riorit ies to guide the Su bcommittee on which leg islative b ills to track . The updates also authorize a member to vote on leg is la tion brought before other committees if it meets the Guiding Pr inciples and L egislative Priorit ies included in the updated po li cy.
Vice Mayor Bybee felt the update mad e it more of a res trictive policy. She w as not supportive of adding an alterna te member and felt that if any member was unable to vo te it should be brought before the full Council for discussion.
Mayor Resnikoff was not supportive of a ddin g an alterna te member and was supportive of the item coming bef ore the Council. He stated that the Gui ding Pr inciples shou ld be determined annual ly by the Council . He stated concerns with prop osing that the Ch air could sign a position letter in lieu of the Mayor.
Cou ncilwom an Landry stated concerns wit h an alternate membe r and was supportive of it re turning to Council if onl y one member is available or the Ma yor was not avail able , but noted there could be timing issues on urgent b ills. She st ated sup port for establishi ng Legislati ve Priorities to provide the Sub c ommittee with direction at the beginning o f each year .
Councilmember Lopez stated support for the updates provided. He noted it was discu ssed bringing items to the full Council if a member was not available but not ed potential u rgency co ncerns.
Councilm ember Gibbons noted that St ate legislators have as ked the City to take positions outside of the Cities Assoc iation recommendation s . She spoke in su pport of an alternate member should there be member recusals required. She note d of the impor tance of timing on urgent issues and the quick turnaround needed . The purpose of the Legislative Priorities w as to al ign with the Cities Association ’s Legislative Sub c ommittee .
Councilmembers discussed not having a chair for the Subcommittee and all members being equal. They discus sed hav in g the Guiding Prin ciples determined annually based on tha t year ’s Council priorities. Cou ncil directed staff to return with a modifie d policy bas ed on their comments.
Mayor Resnikoff ca lled for a 5-minute reces s and reconven ed at 10:0 5 p .m. 2 7 . Response to 2022 Civil Grand Jury Report on Ballot Measure Language Recom mended Action: Th at the City Council au thorize the Mayor to submit, on behalf of the City Council, the attached letter as th e City ’s response to the 2022 Santa Cla ra County Civil G rand Jury Report, “If You Only Read the Ballot, You ’re Being Duped. ”
City Manager Loventhal presented a staff report dated December 6, 2022. He highlighted the suggested City response to the Santa Clara County Civil Grand Jury report and as ked for Council direct ion if alternate wording i s necessary.
Minutes of Dece mber 6, 2022 City Council Meeting Pa ge 14 Vice Ma yor Bybe e requested th at the relevant Elections Code s , especially th ose pertaining to ballot measures , be cited in the response . Cou ncil members expressed support for that direction.
Aft er discussion, M /S : Landry/ Bybee - Th at the City Council au thorize the Mayor to submit, on behalf of the City Council, the attached letter as th e City ’s response to the 2022 Santa Clara County Civil Grand Jury Report, “ If You Only Read the Ballot, You ’re Being Duped ,” a n d add language regarding the relationship to the Elections Code . The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Bybee
AYES: Resnikoff, Bybee, Gibbons, Landry, Lopez
PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES
There w as no public he ar ings and introductions of ordinances.
UNFINISHED BUSINESS
2 8 . Code of Conduct Policy for Boards and Commissions Recommended Action: Consider adoption of Code of Conduct Policy for City Board s and Commissions .
A ssistant City Manager , Angelique Gaeta presented a staff report dated December 6, 2022. The policy was vetted by the City Manage r, City Attor ne y and then b rou ght be fore the Cit y ’s Boards and Commissions. Assistant C ity Manager Gaeta asked for Council feed b ack on policy titl e, additional examples, clarification on the definition of “affiliated ,” and should Board and Commission members be directed to the City Attorney when unclear if there is a p erceived conflict of interest.
Councilmember L opez suggested an FAQ d ocument to aid Commissioners.
C ou ncilmembers e xpressed support for an FAQ document.
C ouncilmember Gibbons note d that the policy should be more specific and has no guidelines as to what would apply as a perceived conflict of Intere st . She also re quested language as to what the removal process would be if commiss ioners violate the Policy. She asked for clarification to be provided to commission ers on how they represent thems elves ou tside of their C ity commission role .
Ma yor Resnikoff note d that the Fair Political Pr actices Commission (FPPC ) Ethi cs training has a lot o f goo d examples . He stated there should be clear dir ection that it is the responsibility of the commissioners to go to the City Attorney should there be any concern of confli ct . He also requested c larification on what the con sequ ence o f a violation is, and how you would implement that.
Minutes of Dece mber 6, 2022 City Council Meeting Pa ge 15 Councilwoman Landry noted the imp ortance of clear example s on what to say or not sa y , especially when representing yourself outside of you r Co mmissi on position.
Vice Mayor Bybee suggested incl uding a clear de fin ition of what a conflict of interest is in a general statement, and then reference the FA Q for examples . She also requested language speaking to the enforcement of a policy violation.
Counci lmember Lopez in speaking to enforcem ent , cautioned that it not be used surreptitiously toward those whose opinion d iffers from Council. Nor should restr ictive language be added that c ould potentially infringe o n free spe ech rights.
City Manager Lov enthal stated that they will re turn to Council with a revised poli cy , based on Council direction , that in cludes enforcement langu age an d an FAQ with stronger examples .
COUNCIL COMMITTEE REPORTS
2 9 . Approve Appointments to Civic Im provement Commission Reco mmended Action: It is recommended that the City Council approve the recommendation of the Advisory Commissioner Appointment Interview Subcommittee reg arding appointments to the Civic Improv ement Commission for two four-year terms expiring August 2026; and the Hist oric Preservation Board for two four-year terms expiring October 2026.
Ad visory C ommissioner App ointment Inter view Subcommittee memb ers , Vice M a yor Bybee and Counc ilwoman Lan dry reported that the y met on December 5, 2022 to inter view two Hist oric Prese rva tion Board Members whos e term s are expiring and a re seeking reappointment , Susan Blake and Laura Tayl o r Moore.
The Su bcommittee recommended th at both Su s an Blake and Laura Taylor Moore be reappointed to a full four -year term . T he Subcommittee also intervi e wed two new applicant s, Thomas Russell and Gary Coluccio , who are seeking appointment to the Civic Improvement C ommission , and recommended their appoint ment, each to a full four-year term.
M/S : Bybee/Landr y – That the City Council reappoint Susan Blake and Laura Taylor Moore to the Hist oric Prese rvation Board to terms expiring October 202 6; an d two a ppoint ments to the Civic Improvement C ommission , Gary Coluccio and Thomas Russell , each to a four-year term expirin g Au gust 2026 . The motion was adopte d by the fo llowing roll call vote :
RESULT: ADOPTED [UNANIMOUS]
MOVER: Bybee
SECONDER: Land ry
AYES: Resnikoff, Bybee, Gibbons, Landry, Lopez
3 0 . Council Committee Reports
Recommended Action: That the City Counci l report on activities from their commi ttee assignments .
Minutes of Dece mber 6, 2022 City Council Meeting Pa ge 16 Councilmember Gibbons attended the Silicon Valley Clean Ene rgy Legislative and Regula tory S ubcommittee meeting, and the Campbell Park Playground Dedication Ceremony.
Councilw oman Landry attended the Campbell Park Playground Dedication Ceremo ny ; the Advisory Commissione r Dinner; and the grand opening of Vino Smiles Dentist ry.
Councilmember Lopez attended the Finance Subc ommittee meeting; the League of C alifornia Cities Peni n sul a Division meet ing s; the Bay Area Air Quality M anagement Di strict meetings ; and , noted his appointment by the West Valley Mayors and Managers to the Sant a Clara Valley Tr anspor tation Authority Board of Directors .
Vice Mayor Bybee attended the Fin ance Subcommittee meeting ; the Campbell Park Playground Dedication Ceremony ; and the Advi sory Commissioner Dinner.
Mayor Resnikoff attended the Advisory C ommissioner D inner ; the Ma yors and Managers meeting ; the Campbell Park Playground Dedication ; the Interfaith T hanksgiving Ch urch Service at the U nited Church of Chris t with Councilmember Gibbons ; and the West Valley Solid Wa ste Au thority JPA Special meeti ng.
ADJOURN
Mayor Resn ikoff adjou rned the meeting at 10:44 p.m.
APPROVED :
ATTEST:
Paul Resnikoff, Mayor
Andrea Sanders, City Clerk