CITY COUNCIL MINUTES City of Campbell, 70 North First Street, Campbell, California

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1 CITY COUNCIL MINUTES City of Campbell, 70 North First Street, Campbell, California A. Personnel CITY COUNCIL EXECUTIVE SESSION Tuesday, May 2, :45 P.M. Ralph Doetsch Conference Room - 70 N. First Street B. Litigation Conference with Legal Counsel - Existing Litigation (Paragraph (1) of subdivision (d) of Section ) Name of case: Pamela Anderson v. City of Campbell C. Real Property D. Labor Negotiations Council met in Executive Session to discuss item B. Executive session adjourned at 7:20 p.m. REGULAR MEETING OF THE CAMPBELL CITY COUNCIL Tuesday, May 2, :30 p.m. 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 CALL TO ORDER The City Council of the City of Campbell convened this day in the regular meeting place, the Council Chamber of City Hall, 70 N. First Street, Campbell, California. ROLL CALL: Present: Councilmembers: Cristina, Landry, Resnikoff, Gibbons Absent: Councilmembers: Waterman PLEDGE OF ALLEGIANCE

2 The Pledge of Allegiance was led by Board Members of the Campbell Historic Preservation Board. SPECIAL PRESENTATIONS AND PROCLAMATIONS 1. Proclamation Declaring the Month of May as National Historic Preservation Month in the City of Campbell Recommended Action: Proclaim May as National Historic Preservation Month in the City of Campbell. Mayor Gibbons presented the proclamation to the Historic Preservation Board. Mayor Gibbons and Historic Preservation Board Member Susan Blake presented a certificate of appreciation to Jackie and Rick Costanzo for their preservation of the Ralph and Maude Hyde house which is celebrating its 100 th birthday. Historic Preservation Chair, Susan Blake, gave a brief background of the house and spoke about the photo display. COMMUNICATIONS AND PETITIONS There were no communications and petitions. ORAL REQUESTS NOTE: This portion of the meeting is reserved for persons wishing to address the City Council on any matter not on the agenda. Persons wishing to address the Council are requested, but not required to complete a Speaker s Card. Speakers are limited to two (2) minutes. The law generally prohibits the Council from discussion or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Requests. Mike Kotowski, Campbell resident, spoke about the City of Campbell s Special Election and thanked everyone that voted. COUNCIL ANNOUNCEMENTS Mayor Gibbons spoke about the hand drawn posters hanging on the Council Chamber walls. There are 45 student poster contest entries representing schools from Rolling Hills, Forest Hill, San Jose Christian and St. Lucy s. This year s theme is What I Love About Campbell. Applicants are all 5 th graders who either live in Campbell, attend a school in Campbell or in the Campbell Union School District. The Civic Improvement Commissioners are currently evaluating the entries and will announce the top winners on Thursday, May 25. The grand prize is a brand new mountain bike donated again this year from Wheel Away on Hamilton Avenue in Campbell. There are prizes to be awarded thanks to the generous donations from local merchants such as Cinelux Theaters; Chef Ko; Frost Cupcakes; Jalisco s; and The Garret; just to name a few. Since February, the Santa Clara Valley Water District has been installing groundwater monitoring wells in the south parking lot of John D. Morgan Park on the Budd Avenue side. As the project nears completion, the parking lot needs to be closed in order to take down the sound wall, seal and restripe the parking lot. Therefore, the lot will be closed Minuets of May 2, 2017 City Council Meeting Page 2

3 from 8 a.m. to 5 p.m. as follows: week of Monday, May 1 through Friday, May 5; and the week of Monday, May 15 through Thursday, May 18. The temporary closures are in effect 24 hours a day on weekdays only. For more information, please visit our website at cityofcampbell.com Thursday, May 11, is the 23 rd annual Bike to Work Day. Join other Bay Area commuters by riding your bike to work. More than 90 energizer stations in Santa Clara County will give people on bikes a chance to stop and get a snack, a tote bag and goodies. There will be an energizer station located here at Orchard City Green from 7:00 a.m. to 9:00 a.m. Members of the Bicycle Pedestrian Advisory Committee will also be in attendance to support the event. For more information please visit The Association of Bay Area Governments (ABAG) and the Metropolitan Transportation Commission (MTC) will hold a public open house/workshop for comments on the Draft Plan Bay Area This Plan discusses how the Bay Area will grow over the next two decades and identifies transportation and land-use strategies to enable a more sustainable, equitable and economically vibrant future. The workshop is scheduled for Monday, May 22, from 6:30 p.m. to 8:30 p.m. at the Marriott Hotel, San Jose Ballroom, 301 S. Market Street, San Jose. Residents are encouraged to attend this workshop to view displays, ask questions and offer comments on these documents. For more information please visit In 1933 Stanford executive David Lamson was accused of murdering his wife. The trial became a Bay Area sensation and Lamson was sentenced to death at San Quentin State Prison. Come sip, snack and socialize with podcast creator Esther Ludlow, at the next Ainsley House History Happy Hour on Friday, May 19, at 5:30 p.m. to find out if Lamsom was the cold blooded murderer the papers made him out to be, or was he innocent and wrongly accused by sensationalist journalists. The City of Campbell is hosting the Stand Up for Kids Food Drive through Second Harvest Food Bank. In Silicon Valley, one in three kids may not be getting enough to eat. Donation barrels are located in the lobby of City Hall, the Police Department and the Recreation Office at the Community Center. CONSENT CALENDAR NOTE: All matters listed under consent calendar are considered by the City Council to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a request is made by a member of City Council, City staff, or a member of the public. Any person wishing to speak on any item on the consent calendar should ask to have the item removed from the consent calendar prior to the time the Council votes to approve. If removed, the item will be discussed in the order in which it appears. Mayor Gibbons asked if any Councilmember or anyone in the audience wished to remove any item from the Consent Calendar. The Consent Calendar was considered as follows: 2. Minutes of Study Session Meeting of April 18, 2017 Minuets of May 2, 2017 City Council Meeting Page 3

4 Recommended Action: Approve the study session meeting minutes. This action approves the minutes of the study session meeting of April 18, Minutes of Regular Meeting of April 18, 2017 Recommended Action: Approve the regular meeting minutes. This action approves the minutes of the regular meeting of April 18, Approving Bills and Claims Recommended Action: Approve the bills and claims in the amount of $863, This action approves the bills and claims in the amount of 863, as follows: payroll checks dated April 6, 2017 in the amount of $313,091.04; bills & claims checks dated April 10, 2017 in the amount of $306,890.43; bills and claims checks dated April 17, 2017 in the amount of $243, Monthly Investment Report March, 2017 Recommended Action: Note and file the investment report for March, This action is to note and file the monthly investment report for March, Accept Donation of Trees from On-Site.com (Resolution/Roll Call Vote) Recommended Action: Accept the donation of three 24-inch box and two 15- gallon trees to replace the Blue Atlas Cedar Grove at John D. Morgan Park. This action accepts the donation of three 24-inch box and two 15-gallon trees to replace the Blue Atlas Cedar Grove at John D. Morgan Park. 7. Second Reading of Ordinance 2221 Amending Provisions of the Campbell Municipal Code to Revise the Business License Tax Rates (Ordinance Second Reading/Roll Call Vote) Recommended Action: Approve the second reading and adopt Ordinance 2221 amending provisions of the Campbell Municipal Code to revise Business License Tax Rates. This action approves the second reading and adopts Ordinance 2221 amending provisions of the Campbell Municipal Code to revise Business License Tax Rates. M/S: Cristina/Landry that the City Council approve the Consent Calendar including the desk item for item 3. Motion was adopted by the following roll call vote: AYES: Councilmembers: Cristina, Landry, Resnikoff, Gibbons NOES: Councilmembers: None Minuets of May 2, 2017 City Council Meeting Page 4

5 ABSENT: Councilmembers: Waterman PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES NOTE: Members of the public may be allotted up to two (2) minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of five (5) minutes for opening statements and up to a total of three (3) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council s consent at the meeting. 8. Public Hearing to Consider a City-initiated Zoning Code Amendment(PLN ) to Amend Title 21 (Zoning Code) of the Campbell Municipal Code to Adopt Provisions to Regulate the Installation and Operation of Collection Containers (Donation Bins) (Resolution/Introduction of Ordinance/ Roll Call Vote) Recommended Action: Adopt a resolution finding that approval of the Zoning Code Amendment is exempt from CEQA and authorizing filing of a Notice of Exemption; and take first reading of an ordinance to amend Title 21 (Zoning Code) of the Campbell Municipal Code to adopt provisions to regulate the installation and operation of collection containers (donation bins). Councilmember Cristina stated that he would be recusing himself on this item due to a possibility that the decision might affect his business and left the Council Chambers. This is the time and place for a public hearing to consider a City-initiated Zoning Code Amendment (PLN ) to amend Title 21 (Zoning Code) of the Campbell Municipal Code to adopt provisions to regulate the installation and operation of collection containers (Donation Bins). Code Enforcement Officer Andreen presented staff report dated May 2, Mayor Gibbons opened the public hearing and asked if there was anyone who wished to speak. There being no one wishing to speak Mayor Gibbons closed the public hearing. M/S: Resnikoff/Landry that the City Council adopt Resolution finding that approval of the Zoning Code Amendment is exempt from CEQA and authorize filing of a Notice of Exemption; and take first reading of Ordinance 2222 to amend Title 21 (Zoning Code) of the Campbell Municipal Code to adopt provisions to regulate the installation and operation of collection containers (donation bins). Motion was adopted by the following roll call vote: AYES: Councilmembers: Landry, Resnikoff, Gibbons NOES: Councilmembers: None RECUSE: Councilmembers: Cristina Minuets of May 2, 2017 City Council Meeting Page 5

6 ABSENT: Councilmembers: Waterman City Clerk Wood read the title of Ordinance M/S: Resnikoff/Landry that the City Council waive further reading of Ordinance Motion was adopted by a vote (Councilmember Cristina recused and Councilmember Waterman was absent). Councilmember Cristina returned to the Council Chambers. 9. Public Hearing to Consider the Adoption of a Text Amendment to Amend Campbell Municipal Code Sec (Definition of Scope of Work ) to Clarify When a Project Submitted as a Remodel or Remodel and Addition Shall be Considered and Defined as a New Dwelling using Portions of the Original Structure. (Introduction of Ordinance / Roll Call Vote) Recommended Action: Take first reading and introduce an ordinance, amending Campbell Municipal Code Section (Definition of Scope of Work ) to clarify when a project submitted as a Remodel or Remodel and addition shall be considered and defined as a New dwelling using portions of the original structure. This is the time and place for a public hearing to consider the adoption of a Text Amendment to amend Campbell Municipal Code Sec (Definition of Scope of Work ) to clarify when a project submitted as a Remodel or Remodel and Addition shall be considered and defined as a New Dwelling using Portions of the original structure. Building Official Bruckart presented staff report dated May 2, Mayor Gibbons opened the public hearing and asked if there was anyone who wished to speak. Steven Saunders, Campbell resident, stated concerns with the criteria stating the valuation of the proposed work exceeds $185,000. There being no else one wishing to speak Mayor Gibbons closed the public hearing. Council discussed calculations in regards to exterior walls. After further discussion, M/S: Resnikoff/Landry that the City Council take first reading and introduce an ordinance 2223, amending Campbell Municipal Code Section (Definition of Scope of Work ) to clarify when a project submitted as a Remodel or Remodel and addition shall be considered and defined as a New dwelling using portions of the original structure with an amendment to the language at the end of the paragraph in subsection three to add nonconforming exterior walls shall Minuets of May 2, 2017 City Council Meeting Page 6

7 not be included in the 25% remaining calculation. Motion was adopted by the following roll call vote: AYES: Councilmembers: Landry, Resnikoff, Gibbons NOES: Councilmembers: Cristina ABSENT: Councilmembers: Waterman City Clerk Wood read the title of Ordinance M/S: Resnikoff/Landry that the City Council waive further reading of Ordinance Motion was adopted by a vote (Councilmember Waterman was absent). NEW BUSINESS 10. Initiation of a Zoning Code Amendment to Modify the Provisions of the C-3 (Central Business District) and P-D (Planned Development) Zoning District to Expand the Number of Allowable Land Uses, Relax Signage Standards, Expedite the Permit Process for Retailers, and to Modify the Parking Regulations for New Uses in Existing Buildings Recommended Action: Initiate a Zoning Code Amendment to adopt proposed changes as specified in the Summary of Recommendations. City Manager Loventhall gave a brief introduction of the item. Senior Planner Fama presented staff report dated May 2, Deb Rohzen, Campbell business owner, requested more clarification on the reference to anchor stores. Campbell resident stated concerns with parking and would not like to see any relaxed parking restrictions and commented on the retail and restaurants downtown. Kirk Heinrich, Campbell resident, spoke about the success of the current downtown mixed uses and stated concerns with the proposed changes. After discussion Council had a general consensus to remove parking exceptions; have staff prepare a list of additional uses for Council to consider in the downtown zoning district; as well as a review of signs for downtown businesses, parking signage, and a parking study. 11. Housing Element Annual Progress Report Recommended Action: Receive public comment, accept the Housing Element Annual Progress Report and direct staff to send the Report to the California Department of Housing and Community Development (HCD) and the Office of Planning and Research (OPR). Minuets of May 2, 2017 City Council Meeting Page 7

8 Senior Planner McCormick presented staff report dated May 2, M/S: Resnikoff/Landry that the City Council accept the Housing Element Annual Progress Report and direct staff to send the report to the California Department of Housing and Community Development (HCD) and the Office of Planning and Research (OPR). Motion was adopted by a vote (Councilmember Waterman was absent). 12. Budget Adjustment to Fund Purchase of Enhancement Items and Maintenance and Repair Projects for the Heritage Theatre (Resolution/Roll Call Vote) Recommended Action: Adopt a resolution authorizing a budget adjustment to fund the purchase of enhancement items and maintenance and repair projects for the Heritage Theatre. Recreation Services Manager Bissell presented staff report dated May 2, Council discussed increasing the not to exceed limit to allow for unexpected cost. After further discussion, M/S: Landry/ Resnikoff that the City Council adopt Resolution authorizing a budget adjustment to fund the purchase of enhancement items and maintenance and repair projects for the Heritage Theatre with an amendment to adjust the amount not to exceed to $200,000. Motion was adopted by the following roll call vote: AYES: Councilmembers: Landry, Resnikoff, Gibbons NOES: Councilmembers: Cristina ABSENT: Councilmembers: Waterman COUNCIL COMMITTEE REPORTS 13. City Councilmember Reports/Updates on Committee Assignments Recommended Action: Report on committee assignments and general comments. Councilmember Cristina discussed a sexually oriented business extension and requested a review of the Sexually Oriented Businesses Ordinance on a future agenda. M/S: Cristina/Resnikoff that the City Council agendize the review of the Sexually Oriented Businesses Ordinance within the next 10 months. Vice Mayor Resnikoff made a friendly amendment to address the individual extension should it be allowable, if it is not allowable they would review the ordinance. Minuets of May 2, 2017 City Council Meeting Page 8

9 ADJOURN Councilmember Cristina accepted the friendly amendment. Motion as adopted by a vote (Councilmember Waterman was absent). -- Vice Mayor Resnikoff attended the Finance Subcommittee meeting; the John D. Morgan Park Clean Up; Great American Litter Clean Up; the City of Campbell Arbor Day event; and the Downtown Campbell wine walk. -- Councilmember Landry attended the Finance Subcommittee meeting. -- Mayor Gibbons attended a Los Gatos interfaith panel; the San Jose Business of Cannabis meeting; West Valley Mayors and Managers meeting; Campbell Historical Museum Board and Ainsley House Foundation meeting; Silicon Valley Clean Energy Board meeting; Saratoga State of the Town; Santa Clara County Child Advocacy seminary; and Association of Bay Area Government Executive Committee and Metropolitan Transportation Committee meeting. Mayor Gibbons adjourned the meeting at 10:28 pm. APPROVED: ATTEST: Elizabeth Liz Gibbons, Mayor Wendy Wood, City Clerk Minuets of May 2, 2017 City Council Meeting Page 9