CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California
REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, April 4, 2023 – 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. Se ction 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 re gular meeting place, the City Hall Council Chamber, 70 N. First St., Campbell, California .
ROLL CALL
Attendee Name Title Status
Anne Bybee Mayor Present
Susan M. Landry Vice Mayor Presen t
Dan Furtado Councilmember Present
Sergio Lopez Councilmember Pres en t
Elliot Scozzola Councilmember Present
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led b y Councilmember Furtado.
Following the Pledge of Allegiance , Mayor Bybee welcomed Ass is tant City Manager Angelique Gaeta who was attending the meeting on behalf of the City Manager.
SPECIAL PRESENTATIONS AND PROCLAMATIONS
There were no special presentati ons and proclamations.
COMMUNICATIONS AND PETITIONS
City Attorne y Seligmann re ported ou t on the April 4 , 2023 Executive Ses s ion sta ting that the City C ouncil voted unanimously to join the nationwide opioid settlement in the cases against Teva, Allergan, CVS, Walgreens, and Walmart and to utilize those funds for the C ity of Camp bell in progr ams and resources to d ea l with the opioid crisis.
Minutes of April 4, 2023 City Council Meeting Page 2
ORAL REQUESTS
Amy Taylor, Campbell resident and Cloud City Supply business owner , appreciated the City Council discussion to evaluate a cannabis ordinance as a F iscal Y ear 2024 priority.
She stated the be nefits of cannabis and st ated that jurisdictions allowing the legal sale of marijuana derived products will aid in eradicating the illegal cannabis market.
Richard Culbertson stated he missed having access to the full library . He hoped the Measure O proj ect would be completed soon so he could e njo y the library with his grandchildren , and so the Police Department could have a safe pla ce to work.
COUNCIL ANNOUNCEMENTS
TRUST is a community service that helps Santa Clara County residents during an urgent men tal health or substance use situation. Call Centers and field response teams are available 24/7 to answer calls for help. Call 988 for the local 408 area code.
On April 8 , the Campbell Kiwanis Club will be hosting the 41 st annual Campbell Eggstravaganza Easter egg hunt for children ages 1-12. It ’s a morning of free events that include face painting, jump houses, kid s ’ games, pictures with the Easter bunny, and of course the traditional egg/candy hunt. The free event starts at 9:00 a .m . at Cam pbell Commun ity Center.
The Bunnies and Bonnets Par ade w ill follow that same day at 11:00 a.m . in downtown Campbell. The Downtown Business Association sponsors this annual Easter Parade tradition that features marching bands, dancers, community groups, local organiz ations and more. Put on your finest Eas ter h at or rabbit ears and come join in the fun .
The AARP Tax Aid Program will provide income tax assistance free of charge thr ough April 14 at the Campbell Community Center. The AARP Tax-Aide Program p rovides tax assistance to anyone, free of charge, wi th a focus on taxpayers who are over 50 and have a low to moderate income. To learn more, please visit campbellca.gov .
O n Saturday, April 15 at 3:00 p.m. , Camp bell CERT wil l be holding its 5 th annual Taste of Cam pbell Fundraiser. Enjoy an afternoon experiencing local wines, beers, cuisine, and live music at the Campbell Community Center Orchard City Banquet Hall.
Proceeds from this event help pay for emergenc y supplies, e quipment, and training in support of our comm unity. Ticket and pricing information is available at campbellcert.org .
The Downtown Campbell Spring Wine Walk is back . The wine walk is scheduled for W ednesday, Apr il 19, from 6 :00 to 9 :00 p .m . Event and tick et information is available at www.downtowncampbell.com .
CONSENT CALENDAR
Mayor B ybee asked if anyone wished to remove an item from the Consent Calendar.
Items one , ni ne and ten we re pulled from the Consent Calendar.
Minutes of April 4, 2023 City Council Meeting Page 3
The Consent Calendar was considered as follows :
2 . Approving Bills and Clai ms
Recommended Action: Approve the bill s a nd cl aims in the amount of $489,791.46.
This action approves the bills and clai ms in the amount of $489,791.46, as follows : pay roll checks dated March 2, 2023, in the amount of $73,266.02; b ills and claims checks dated March 6 , 2023, in the amount of $ 187 ,919.98 ; a nd bills and claims checks dated March 13, 2023 , in the amount of $228,605.46. 3 . Monthl y Investment Transactions Report (February 2023) Rec ommended Action: That the City Council review and accept the Monthly Investment Transactions Report f or February 2023.
This action approves the Monthly Investment Transactions Report for February 2023.
4 . Monthly Treasurer's Report (February 2023)
Recommended Action: That the City Cou ncil review and accept the Mon thly Treasurer ’s Report for the month en ded February 28, 2023.
This action reviews and accepts the Mo nthly Treasurer's Report for the month ended February 28, 2023.
5 . Initiate Proceedings of the Campbell Lighting and Landscaping District, Fiscal Year 202 3-24 (Resolution/Roll Call Vote)
Recomm end ed Action: That the City Counc il adopt a Resolution initiating proceedings, describ ing the improvements, and directing staff to prepare the Engineer ’s Report for the Campbell Lighting and Landscaping Assessment Di strict for Fiscal Year 2023-24.
Resol ut ion 12956 initiat es proceedings, describ es the improvements, and direct s staff to prepare the Engineer ’s Report for the Campbell Lighting and Landscaping Assessment District for Fiscal Year 2023-24.
6 . Accept Grant F unds from the California Board of State and Community Corrections (BSCC) for an Officer Wellness Program and Authorize a Corresponding Budget Adjustment (Resolution/Roll Cal Vote) Recommended Action: That the City Council adopt a resolution to accept the California Officer Welln ess Grant funds fro m the California Board of State an d Community Corrections (BSCC) in the amount of $30,189.55 to provide additional funding for a contracted dedicated mental health clinician for police department staff; and to aut horize a corresponding b udget adjustment .
Resol ution 12957 accept the California Officer Welln ess Grant funds from the California Board of State an d Community Corrections (BSCC) in the amount of $30,189.55 to provide additional funding for a contracted de dicated mental health clinician for poli ce department staff; and to authorize a corresponding b udget adjustment.
Minutes of April 4, 2023 City Council Meeting Page 4
7 . Approval of City Council Code of Conduct Policy for City Board Members and Commissioners
Recommended Action: That the City Council approve a City Council Code of Conduct Policy fo r C ity Board Members and Commissioners related to confl icts of interest.
This action approves a City Council Code of Conduct Policy for City Board Members and Commissioners related to confl icts of interest. 8 . Revie w of Campbell Statement of Values (Resol uti on/Roll Call Vote) Recommended Action: That the City Council adopt a resolution amending Campbell ’s Statement of Values.
Resol ution 12 958 amends the Camp bell Statement of Value ’s.
M/S: Landry/Lopez - That the City Council approve the consent calenda r.
The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Lopez
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
ITEMS CONSIDERED SEPARATE FROM CONSENT
1 . Minutes o f City Council Regular Meeting of March 21 , 2023 Recommended Action : Approve the regular meeting minutes of March 21, 2023 Councilmember Furtado requested the March 21, 2023 minutes be amended to reflect his comment on Item 9, to state , that he expressed concerns and disappointment that the p rope rty owner of the building was not present to make some remarks nor did the owner submit a written statement as to the nature of his project , l eaving some questions unanswered.
M /S: Landry/Furtado – That the City Co uncil approve the regular meeti ng min ute s of March 21, 2 023 as amended. The mo tion was adopted by the following roll call vo te:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Furtado
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
9 . Resolution Con gratulating Nicholas Welzenbach on Bein g S elect ed “ Citizen of the Year ” by the Campbell Chamber of C ommerce (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution congratulating Nicholas Welzenbach on being selected Campb ell ’s 2022 “Citizen of the Year. ” Minutes of April 4, 2023 City Council Meeting Page 5
Ken J ohn son, Campbell Chamber of Commerce Executive Director , a cknowledged Nicholas W el zenbach as the Chamber Citizen of the Year . He extended his gratitude to the City for their support of the Campbell Chamber e vents and spoke of two previous Citizens of the Ye ar , Leonard Cino and Tom Francois , who lost their plaques in the Paradise CA fire s and Santa Rosa CA fires . Mr. Ci n o was issued a new plaque at the Celebrate Campbell event, and Mr. Johnson presented Mr. Francois a new plaque at his home in Santa Rosa.
M/ S: Lopez/Landry – That the City Council adopt Resol ution 1295 9 congratulating Nicholas Welzenbach on being selected Campbell ’s 2022 “ Citizen of the Year. ” The motion was adopted by the following roll call vote:
R ESU LT: ADOPTED [UNANIMOUS]
MOVER: Lopez
S ECONDER: Landry
AYES: Bybee, Landry, Furtado, Lopez, Scozz ola
10 . Resoluti on Congratulating Sports Basement on Being Selected “ Business of the Year ” by the Campbell Chamber of Commerce (Resolution/Roll Call Vote)
R ecommended Action: That the City Counci l adopt a Resolution congratulating Sports Basement on bei ng selected Campbe ll ’s 2022 “Business of the Year. ” Ken Johnson, Campbell Chamber of Commerce Executive Director , a cknowledged Sports Basement as Business of the Year and recognized the other Busi ness of the Y ear finalists , Marvel Cakes and Cam pbell Press . He extended his gratitude to the City for their support of the Campbell Chamber of Commerce e vents .
Councilmember Lopez thanked Mr. Johnson for his work in p utting on a beautiful Celebrate Campbe ll event.
M/S: Lopez/Landry – That the City Council adopt Resol ution 12960 congratulating Sports Basement on being selected Campbe ll ’s 2022 “ Business of the Year. ” The motion was adopted by the following roll call vot e:
R ESULT: ADOPTED [UNANIMOUS]
MOVER: Lopez
SECONDER: Landry
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES
1 1 . Review of Historic Preservation Board Recommendations, Confirmation of Direction, and Authorizat ion to Proceed with Drafting of a Zoni ng Code Amendment for the Historic P reservation Ordinance Update (CDD FY23 Minutes of April 4, 2023 City Council Meeting Page 6
Work Plan), In clusive of (1) Creation of Penalty Provisions to Discourage Unpermitted Alterations and Demolitions of Historic Structures, (2) C larification of Permitting Requirement s for Historic Properties, and (3) E stablishment of a New Mills Act Program.
Recommended Action: That the City Cou ncil authorize staff to prepare Zoning Code Amendments for the Historic Preservation Ordinance Update (CDD FY23 Work Plan), inclusive of (1) Creation of penalty provisions to di scourage unpermitted alterations and demolitions of h istoric structures, (2) Cl arification of permitting requirements for historic properties, and (3) Establishment of a new Mills Ac t Program.
Senior Planner Fama pre sen ted a staff report dated April 4, 2023. He asked for Counc il di rect ion relating to the penalty provisions and permi tting requirements of historic properties , and Mills Act P rogram imp rovements.
The council asked gene ral questions related to the staff rep ort .
Mayor Bybee opened the public hearing and as ked if anyone wished to speak.
Glen Kins ey , Campbell resident , bough t the property and then subsequently understood he was on the Historic Property Interest list. He w anted to ensure that he would not be forced to sign up for a Mills Act contract and he believed that his ho me was not a historic property . He noted if he sold the h ome their property tax would b e much higher and assumed that would be of interest to the Cit y.
Bill Perry, Campbell resident want ed to know the difference between historic hous es and properties of merit as he had thought they have now be en combined into o ne group.
Seeing no one else wishing to speak, Mayor Bybee closed the public hearing.
The council asked for cla rification on th e different Historic Resource Inventory (HRI) categories and if properties are added to the list without owner consent.
Senior P lanner Fama explained that the HRI has 3 tiers of structure, S tructures of M erit on the bottom, which are histo ric properties , but not so historic that they are considered landmarks, then , properties that are within the Alice Avenue Historic Distri ct that are not landmarks , and then L andmark properties .
Additionally, the City ’s current Histor ic Preservation Ord inance, adopted in 2018 does require that any subsequent additions to the HRI require explicit property owner authorization , but that was not retroactive.
Mayor By bee made comments related to M ills Act ineligible items in the interior o f the home, requesting those be c onsid ered eligible if the homeowner was making restoration improvements with features similar to its or iginal period state.
Councilmember Lopez noted the importance of providing educational materials for residents related to the permitting re qu irements for ho mes on the HRI and the Mills Act program.
Minutes of April 4, 2023 City Council Meeting Page 7
Councilmembers discussed the penalty provision fees. Mayor Bybee felt the fees may b e punitive in na ture.
Senior Planner noted the fees as pro posed were comparable to other cities and is the most ob ject ive app roach as it does not rely on e stimates from an appraiser or contracto r opinion. While the current proposed fee was equal to 100% of the building permit valuation , the Council could c hoose to lower that per centage if the y f elt the fees wer e too high.
Counci lmember Scozzola stated support for the hi gher fee to deter residents from ruining the historic integrity of the home.
Councilmember Lo pe z shared concerns that the propos ed amou n t was too punitive and was supportive of the fee being based on a lower perc entage.
Vice Mayor Landry noted that the fee needs to be h igh enough to prevent res idents from ruining the historic integrity of the home and was supportive of a higher per ce ntage.
Councilmembers discussed the Mill s Act program and w e re generally suppo rtive of the staff recommendation of 5 contracts per year .
After discussion, M/S: Landr y/Lop ez – That the City Counc il authorize staff to prepare Zoning Code Amendments for the Historic Preservation Ordinance Update (CDD FY23 Work Plan), inclusive of (1) Creation of penalty provisions to di scourage unpermitted alterations and demolitions of h istoric structures, (2) Cl arification of permitting requirements for historic properties, and (3) Establishment of a new Mills A ct Program. The motion was ado pted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
M OVER: Landry
SECONDER: Lopez
AYES : Bybee, Landry, Lopez, S cozzola
ABSTAIN: Furtado
Mayor Bybee called f or a 5-minute recess and reconvened at 8:56 p.m.
NEW BUSINESS
1 2 . Authorization for the City Manager to Execute Two Grant Agreements with Silicon Valley Clean Energy (SVC E) for the Community Energy Resilience Program and Co mmunity Decarbonization Demonstration Program, in the Amounts of $197,972 and $500,000 (Respectively) for the Campbell Police Operations Building (Project No. 23-RR) and Campbell Library Renovations (Pro ject No. 23-SS) (Resolution/Roll Call Vote)
Recommen ded Action: That the City Council adopt a Resolution authorizing the City Manager to ex ecute two Silicon Valley Clean Energy (SVCE) Grant Agreements for the Community Energy Resilience Program and Commun ity Minutes of April 4, 2023 City Council Meeting Page 8
Decarbonization Demonstration Program, in the amo unts of $197,972 and $500,000 (respectively), for the Campbell Police Operations Buildi ng (Project No. 23-RR) and Campbell Li brary Renovations (Project No. 23-SS).
Public Works Director Capurso presented a staff re port dated April 4, 2023.
Following Council questions, M ayor B ybee asked if anyone wished to speak.
Th ere were no public speake rs.
After discu ssion, M/S: Scozz ola/ Landry - That the City Council adopt Resolution 12961 authorizing the City Manager to execute two Silicon Valley Clean Energy (SVCE) Grant Agreements for the Community Energy Resilience Program and Commun ity Decarboniz ation Demonstration Program, in the am o unts of $197,972 and $500,000 (respectively), for the Campbell Police Operations Building (Project No. 23-RR) and Campbell Library Renovations (Project No. 23-SS). The motion was adopted by the fo llowing roll call vot e:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Sco zzola
SECONDER: Landry
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
UNFINISHED BUSINESS
There was no unfinished business.
COUNCIL COMMITTEE REPORTS
1 3 . Council Committee Reports
Recommended Action: That the City Council report on activities from the ir committee assignments.
Councilmember Furtado attended the Silicon Valley Regional Interoperability Authority meeting .
Vice Mayor Landry at tended the Campbell Police Foundation Fundraising Breakfas t; a nd the Educat io n Subcommittee meeting with Counci lm ember Scozzola. She noted that May is Mental Health Month and April 24 is National Library Week.
Co uncilmember Scozzola attended the Education Subc ommittee meeting and noted the upcoming Santa Clara County Library Poe try Contests.
ADJOURN
Mayor Bybee adjo u rned the meeting at 9:04 p.m.
Minutes of April 4, 2023 City Council Meeting Page 9
APPROV ED :
ATTEST:
Anne Bybee, Mayor
Andrea Sanders, City Clerk