CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California
REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, April 18, 2023 7:30 p.m.
City Hall Council Chamber – 70 N. First Street
This City Council meeting was duly noticed pursu ant 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
T he 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
Anne Bybee Mayor Present
Susan M. Landry Vice Mayor Presen t
Dan Furtado Councilmember Present
Sergio Lopez Councilmember Pres en t
Elliot Scozzola Councilmember Remote
PLEDGE OF ALLEGIANCE
The Pledge of Allegia nce was led by Parks Super visor , Bob Siudzinski in recognition of “Arbor Day ” in the City of Campbell . Mayor B ybee presented M r. Siudzinski a Certificate of Appreci ation for leading the P ledge of Allegiance.
SPECIAL PRESENTATIONS AND PROCLAMATIONS
1 . Proclamation Declaring April 28, 2023, as "Arbor Day" in the City of Campbell
Recommended Action: It is re c o m m e n d e d th a t the C ity Council proclaim A p ril 2 8 , 2 0 2 3 , as “Arbor D a y ” in the C ity of C a m p b e ll.
May or Bybee spoke of the significance of “Arbor Day ” a nd presented Parks Super viso r Bob Siudzinski a Proclamati on declaring April 28, 2023 as “Arbor Day ” in the C ity of Campbell.
Minutes of April 18, 2023 City Council Meeting Page 2 Parks Super visor Siudzinski thank ed the City Council for the recognition and spoke of the importance of Arbor Day.
Councilmembers thanked Mr. S iudzinski and the Parks Division for their efforts and service to the City of Campbell. T hey noted tha t the City ’s A rbor Day Tree Plan ting even t will be held on April 28 at 10:00 a .m. at John D . Morgan Park.
COMMUNICATIONS AND PETITIONS
There were no communications and petitions.
ORAL REQUESTS
Amy Taylor, D owntown Campbell B u siness Association (DCBA) President , spoke of their upcomi ng Car Sho w event and their efforts to o btain final approval so they can begin promo ting the event.
COUNCIL ANNOUNCEMENTS
April is National Volunteer Month. Volunteers are one of the City ’s greatest resources.
Many city programs and services are enhanced by community members who volunteer their time and talents on a wide variety of interesting projects throughout city departments including the Museum, Theatre and Public Works.
Come enjoy a crisp evening and discover the lates t crop of wines from California ’s wine growing regions. Campbell ’s Spring Wine Walk is scheduled for tomorrow, Wednesday, April 19, from 6 :00p.m. to 9 :00 p .m . Event and ticket information is available at downtowncampbell.com . Campbell ’s w ine walks benefit the Downtown Campbell Business Association to raise money to fun d year- round events and activities for the whole community.
Saturday, April 22 is Earth Day. This annual event began on April 22, 1970 to demonstrate support for environmental protection. The official theme for 2023 is “Invest in our Planet. ” Consistent with Council policy, the water tower will be lit in green and blue on April 22 to recognize this event.
Please join the City Council and staff from 9 :00 a .m . to noon on Tuesday, April 25 for a Budget Study Session in the City Council Chambers to discuss the Op erating Budget and Capital Improvement P rojects .
For the fortieth consecutive year, the National Arbor Day Foundation has proclaimed the City of Campbell “Tree City USA. ” In celebration of this award, the community is invited to participate in an Arbor D ay celebration at 10: 0 0 a .m . on Friday, April 2 8 on the Rincon Avenue side of John D. Morgan Park.
Connecting businesses and job seekers. The Campbell Works Job Fair is scheduled for Thursday, May 4 from 10 :00 a .m . to 2 :00 p .m . at the Orchard City Banquet H all located at One W. Campbell Avenue. Visit CampbellChamber.net for more information.
Minutes of April 18, 2023 City Council Meeting Page 3 Campbell ’s Farmers Market is open on most Sunday ’s from 9 :00 a .m . to 1 :00 p .m .
Enjoy a large selection of locally grown fresh produce , as well as, craft vendors , live music , and food booths . The Mercury News has named the Campbell ’s Farmers ’ Market , the “Best Farmers ’ Market in Silicon Valley. ” Come and enjoy the festive and vibrant community atmosphere that attracts fans from all around.
The City of Campbell offers a wide range of youth, adult and 50+ classes. Art Classes including clay time, art journaling, adult pottery wheel; dance, music ; s pecial interest , including Play-Well LEGO camps ; adult and youth sports fitness and more . V isit the C ity ’s website at campbellca.gov to find out more about these classes and camps.
CONSENT CALENDAR
Mayor B ybee asked if anyone wished to remove an item from the Consent Calendar.
Councilmemb er Scozzola commented on Item 8, stating he was ex cited the City is moving forward with Battery Backup Systems.
Vice Mayor Landry commented on Item 9 and expressed her appreciation to the Joan Evans Bohnett Living Trust for their donation.
Item 10 was p ulled from the Consent Calenda r by a member of the public.
The Consent Calendar was considered as follows :
2. Minutes of City Council Special Meeting of March 31, 2023 Recommended Action : Approve the special meeting minutes of March 31, 2023 .
This act ion approves the spec ial meeting minutes of Ma rch 31, 2023.
3. Minutes of City Council Executive Session Meeting of Apri l 4, 2023 Recommended Action : Approve th e executive session meeting minutes of A pril 4, 2023 .
This action approved the executive sess ion meeting minutes of April 4, 2023.
4. Minutes of City Council Study Session Meeting of April 4, 2023 Recommended Action : Approve the study session meeting minutes of April 4, 2023 .
This action approves the study session meeting minutes of April 4, 20 23.
5. Minutes of City Council Regular Meeting of April 4 , 2023 Recommended Action : Approve th e regular meeting minutes of April 4, 2023 .
This action approves the regular meeting minutes of April 4, 202 3.
6. Approving Bills and Cla ims
Recommended Acti on: Approve the bills and claims in the amount of $3,169,364.57.
This action approves the bills and claims in the amount of $3,169,364.57 as follows: pay roll checks dated March 16, 2023, in the amount of $32,503.30; bills Minutes of April 18, 2023 City Council Meeting Page 4 and claims checks dated March 20, 2023, in the amount of $ 1 ,331,412 .11; bills and claims ch ecks dated March 27, 2023, in the amount of $1,734,721.76; and payroll checks dated March 30, 2023 , in the amount of $70,727.40.
7. Authorization to Submit a Transportation Fund for Clean Air (TFCA) Program Grant Application for the Hamilton Avenue Resurfacing Project (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution authorizing the Public Works Director to submit a Transportation Fund for Clean Air (TFCA) Pro gram Grant Application to Sant a Clara Valley Transportation Authority (VTA) for the Hamilton Avenue Resurfacing Project .
Resolution 12967 authorizes the Public Works Director to submit a Transportation Fund for Clean Air (TFCA) Program Grant Application to Sant a Clara Valley Transportation Authority (VTA) for the Hamilton Avenue Resurfacing Project .
8. Authorization to Purchase Twelve (12) Tesco Model 2000VA Battery Backup Systems from Tesco Controls, in an Amount Not to Ex ceed $90,000, for Installation at Twelve Signalized Intersection Locations Throughout the City; and Dispensing of Bidding Requirements as Specified in Campbell Municipal Code Sections 3.20.030 (7) (8) (Resolution/ Roll Call Vote) Recommended Action: That the City Council adopt a resoluti on auth orizing the City Manager to: (1) execute a purchase agreement with Tes co Controls, for twelve (12) Tesco Model 2000VA Battery Backup Systems, in the not-to-exceed amount of $90,000, for installation at twelve signali zed intersection locations throug hout th e City; and (2) dispense with bidding requirements as authorized in Ca mpbell Municipal Code Sections 3.20.030 (7) (8).
Resolution 12968 authorizes the City Manager to: (1) execute a purchase agreement with Tes co Controls, for twelve (12) Tesco Mode l 2000VA Battery Backup Systems, in the not-to-exceed amount of $90,000, for installation at twelve signali zed intersection locations throughout th e City; and (2) dispense with bidding requirements as authorized in Ca mpbell Municipal Code Sections
3.20.030 (7) (8).
9. Accept Donation from Joan Evans Bohnett Living Trus t (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a R esolution accepting the donation of $55,000 from the Joan Evans Bohnet t Trust and approve a budget adjustment to recognize the donation in Fiscal Year 2023.
Resolution 12969 ac cepts the donation of $55,000 from the Joan Evans Bohnet t Trust and approve s a budget adjustment to recognize the donation in Fiscal Year 2023.
*11. Item moved to P ublic Hearings and Intr oduction of O rdinances - Live Entertainment Permit - Khartoum 300 Or chard City Drive Suite 101, Campbell, California
Minutes of April 18, 2023 City Council Meeting Page 5
12. Approval of Plans and Specifications, Authorization for Advertiseme nt of Bids, Contr act Award, Necessary Budget Adjustments, an d Other Associated Actions for the Camden Avenue Resurfacing, Project 21-SS (Resolution/Roll Call Vote)
Reco mmended Action: That the City Council adopt a resolution approving the plans and speci fications; author izing the Public Works Director to advertis e for b ids and award the project; authorizing the City Manager to enter into a construction contract with the lowest responsive and responsible bidder in an amount not to exceed $1,218,500 and enc umber a 10% const ruction contingency for a total constructio n contr act amount of $1,340,350; authorizing the City Engineer to negotiate and execute contract change orders up to and within the allocated construction contingency; authorizing the Public Works Director to reje ct bids and rebid the project, should bids receive d have unamenable irregularities; and authorizing the Finance Director to perform associated budget adj ustments.
Resolution 12970 approves the plans and speci fications; author iz es the Public Works Director to advertis e for bids and award the project; auth oriz es the City Manager to enter into a construction contract with the lowest responsive and responsible bidder in an amount not to exceed $1,218,500 and enc umber a 10% const ruction contingency for a total constructio n contract amount of $1,340,350; author iz es the City Engineer to negotiate and execute contract change orders up to and within the allocated construction contingency; authoriz es the Public Works Director to reje ct bids and rebid the project, should bids received have unamenable irregularities; and authorizing the Finance Director to perform associated budget adj ustments.
M/S: Landry/ Furtado - That the City Council approve the consent calenda r with the exception of Item 10 . The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Furtado
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
ITEMS CONSIDERED SEPARATE FROM CONSENT
10. Approve a Co nsultant Services Agreement with Maze & Ass ociates for Interim Finance Manager Serv ices, Dispense with Bidding Requirements Under Section 3.20.030(4) of the Campbell Municipal Code (CMC), and Approve a Corresponding Budget Adjustment (Resolution/Roll Call Vote) Recommended Action: That the City C ouncil adopt a resolution authorizing th e City Manager to approve a nd execute a Consultant Services Agreement with Maze & Associates for interim Finance Manager services, dispense with bidding requirements under S ection 3.20.030(4) of the Campbell Municipa l Code (CMC), and authorize a correspond ing budget adjustment.
Minutes of April 18, 2023 City Council Meeting Page 6 Ste ve Saunders, Cam pbell resident , commented on the upcom ing City budget process and not ed the importance of having a stron g Finance department. He appreciated Director Fuentes and his tea ms ’ efforts , especially in regard to the Measure O Bond pro cess.
Coun cilmembers thanked Finance Manager Vong for his service and wished him well in his new position.
M/S: Landry/ Lopez – That the City Council adopt Resolution 12971 authorizing th e City Manager to approve and execute a Consultant Services Agreement with Maze & Associates for interim Finance Manager services, dispense with bidding requirements under S ection 3.20.030(4) of the Campbell Municipa l Code (CMC), and authorize a correspond ing budget adjustment. The moti on was adopted by the following roll call vote :
RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Lo pez
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES
NOTE: Members of the p u b lic m ay b e a llo tte d up to two (2 ) m in u te s to c o m m e n t on any p u b lic h e a rin g ite m . A p p lic a n ts /A p p e lla n ts a n d their re p re s e n ta tiv e s may be a llo tte d up to a to ta l of five (5 ) m in u te s for opening s ta te m e n ts a n d up to a to ta l of three (3 ) minutes maximum for c lo s in g s ta te m e n ts . Items re q u e s te d /re c o m m e n d e d for c o n tin u a n c e are s u b je c t to C o u n c il’s c o n s e n t a t the m e e tin g .
*11. Item mo ved from the Consent Calendar - Live Entertainment Permit - Khartoum 300 Or chard City Drive Suite 101, Campbell, California (Resolution/Ro ll Call Vote)
Recommended Action: That the City Council adopt a Resolutio n approv ing the issuance of a Live Entertainment Permit at Khartoum located 300 Orchard City Drive suite 101, Campbell , California.
This is the time and place for a public hearing to conside r issuance of a Live Entertainment Permit at Khartoum located 30 0 Orchard City Drive suite 101, Campbell , California.
Police Chief Berg presented a staff report dated April 18, 2 023.
Followin g Council questions M a yor Bybee opened the public hearing.
Applicant Bra ndon Brigham was not in attendance. Seeing no one wi shing to spea k, Mayo r Bybee closed t he public hearing.
After discussion, M/S: Furtado /Lopez – That the City Council ado pt Resolution 12972 approv ing the issuance of a Live Entertainment Permit at Khartoum located 300 Orchard City Drive suite 101, Campbell , California , Minutes of April 18, 2023 City Council Meeting Page 7 in cluding the desk item. The m otion was adopted by the foll owing roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MO VER: Furtado
SECONDER: L op e z
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
1 3. Adoption of New Application Fees Related to the P rocessing of Housing Development Projects, to be Included in the City ’s Fiscal Year 2022-2023 Schedule of Fees and Charges. Project File No. PLN-2023-62 (Reso lution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution establi shing new applica tion fees related to the processing of Housing Development Projects, to be included in the City ’s Fisca l Year 2022 - 2023 Schedule of Fees and Cha rges.
This is the time and place for a public hearing to conside r a doption of n ew a pplication fe es related to the p rocessing of Housing Development Projects, to be Included in the City ’s Fiscal Year 2022-2023 Schedule of Fees and Charges.
Senior Planner Rose presented a st a ff report dated April 18, 2023.
Followin g Council questions M a yor Bybee opene d the public hearing.
Seeing no one wishing to spea k, Mayo r Bybee closed t he public hearing.
After discussion, M /S: Landry /Lopez - T hat the City Council adopt Resolution 12973 establishing new application fees related to the processing of Housing Development Projects, to be included in the City ’s Fiscal Year 2022 - 2023 Schedule of Fees and Charges. The motion was adopted by the fo llowing roll call v ote :
RESULT: ADOPTED [UNANIMOUS]
MOVER: L andry
SECONDER: Lopez
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
NEW BUSINESS
15. Acceptance of Fiscal Year 21/22 Annual Comprehensive Financial Report and Auditor ’s Written Communication on Internal Controls Recommended Action: That the City Cou ncil accept the Fiscal Year 21/22 Annual Comprehensive Fi nancial Report and Auditor ’s written communication on internal control structure and the audit process as submitted with this report.
Finance Manager Vong presented a staff report dated April 18, 2023.
Minutes of April 18, 2023 City Council Meeting Page 8 Following Council questions, Mayor Bybee asked if anyone from the public wished to speak. There were no public spe akers.
Coun ci lmembers a cknowledged the auditing firm Eide Bailly and the Finance department f or their excellent work.
After discussion, M/S: Lopez/ Furtado – That the City Cou ncil accept the Fiscal Year 21/22 Annual Comprehensive Fi nancial Report and Auditor ’s written communication on internal control structure and the audit process as submitted with th e staff report. The motion was a dopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Lopez
SECONDER: Furtado
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
UNFINISHED BUSINESS
There was no unfinished business.
COUNCIL COMMITTEE REPORTS
16. Council Committee Reports
Recommended Action: That the City Council report on activities from their committee assignments.
Vice Mayor Landry attended Santa Clara Coun ty S upervisor Ellenberg ’s event on Birthing Justice .
Councilmember Lopez attended the Bay Area Quality Mana gement District meetings and Santa Clara Valley T ransportation Authority meeting.
Mayor Bybee attended the Friends of the Heritage Theat re meeting.
ADJOURN
Mayor Bybee adjou rned the m eeting at 8:12 p.m.
APPROVED :
ATTEST:
Anne Bybee, Mayor
Andrea Sanders, City Clerk