CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California
REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, May 2, 2023 7:30 p.m.
City Hall Council Chamber – 70 N. First Street
This City Council meeting was duly noticed pursuant to open meeting requirements of the Ralph M. Brown Act (G.C. Section 54956).
This meeting was recorded and can be viewed in its entirety at www.cityofcampbell.com/agendacenter .
CALL TO ORDER
The City Council of the City of Campbell 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 Present
D an Furtado Councilmember Present
Sergio Lopez Councilmember Present
Elliot Scozzola Councilmember Present
PLEDGE OF ALLEGIANCE
The Pled ge of Allegiance was le d by Chamber of Commerce “Citizen of the Year ” recipient Nicholas Welzenbah and his wif e Kendal l, daughter Audrey and son Lachlan.
M ayor Bybee thanked Mr. Welzenbach and family for lea ding the Pledge and presented him with a certificate of appreciation.
SPECIAL PRESENTATIONS AND PROCLAMATIONS
1. Presentation of Resolutions to Campbell Chamber of Commerce Citizen and Business of the Year Reci pients
Recommended Action: That the City Council present resolutions to the 2022 Chamber of Commerce Citizen of the Year recipient Nicholas Welzenbach and Business of the Year Recipient Sports Basement.
Mayor By bee congratulated N icholas W elzenbach for his award as Campbell Chamber of Commerce “Citizen of the Year ”, noted his contributions to the Campbe ll community and prese nted him with a framed Resolution signed by all Counc ilmembers.
Minutes of May 2, 2023 City Council Meeting Page 2
Councilmembers congratul ated M r. Welzen bach for his many contributions to the community.
Mr. Welzenbach thanked the City Council for the recognition and spok e of the many reasons he and his family enjo y being active in the community.
A rep resenta tive from the Chamber of Commerc e “Business of the Year ,” Sports Basement was unable to attend the meeting. Mayor Bybee stated she will present their Resolution at a future time.
2. Proclamation Recognizing National Peace Officers Memorial Day and Declaring the Week of May 14-20, 2023 as National Police Week Recommended Action: That the City Council recognize May 14-20, 2023 as “National Police Week ” to honor the Campbell Police Department and May 15, 2023 as “National Peace Office rs Memorial Day ” for America ’s law enforcement officers wh o have lost their lives in the line of duty for the safety and protection of others.
M ayor Bybee spoke of the significance of Nat ional P eace O fficers Memorial Day and declared the week of May 14-20, 2023 as National Police Week.
Police Chi ef Berg thanked Mayor Bybee and invited night pa trol staff members up to accept the proclamation.
Sergeant Quintero , Agent Favreau, Officer Palmer, Officer John son, and Office r St ep hens accepted the proclamation on behal f of the Campbell Police De partment.
Councilmembe rs expressed their appreciation and tha nked the Campbell Police Department for their service to the City of Campbell.
COMMUNICATIONS AND PETITIONS
T here are no com munications and petitions.
ORAL REQUESTS
Amy Cody, Campbell resident, Cloud City Supply bus iness owner , and Do wntown Campbell Business Association (DCBA) pres ident , thanked the City Council for their continued supp ort of DCBA community events and apprec iated the partnership with the Campbell Police Department for their assistance in hel ping to see k approval of their upcoming car show event.
COUNCIL ANNOUNCEMENTS
May is Mental Health Awareness Month and has been observed in the U.S. since 1949.
Every year during the month of May, the National Alliance on Mental Illness (NAMI) joins the national m ovement to raise aware ness about mental health by fighting stigma, providing support, and advocating for policies that support the millions of people Minutes of May 2, 2023 City Council Meeting Page 3
affected by mental illness. Throughout the month of May, NAMI invites you to share on social media why you r are more than enough by tagging @NAMICommunicate and hashtag your post with #MoreThanEnough. Feel free to also bookmark this webpage, additional resources and ways to get involved will be added.
April 30 through May 6 is the 54 th Annual Professional Municipal Clerks Week . This week is a time of celebration and reflection on the importance of the Clerk ’s office and the vital services they provide for local government and the community. Mayor Bybee thanked the City Clerk and her staff for the support p rovided to Council a nd City staff.
To pay tribute to the brave local, state and federal peace officers who have died or been disabled in the line of duty, the Campbell Water Tower will be lit on Monday, May 15 in recognition of National Peace Officers Mem orial day.
Join the Campbell Veterans Memorial Foundation in honoring the men and women who have died while serving in the United States military on Monday, May 29 from 9 :00 a .m . to 10 :00 a .m . at the Orchard City Green located here at City Hall.
Back to school museum field trips are open for reservations. The Campbell Historical Museum & Ainsley House are available for school trips. Programs are designed to complement study units for 2 nd and 3 rd grade students. Activities invite students to engage in experiential learning as they rotate through exhibit stations and tour the Ainsley House. To f ind out more, please visit campbellca.gov .
Event tickets are available for the Ainsley House Spring Garden Concerts. On Sunday, June 18 , Campbell welcomes Ren Geisick a singer song writer from Los Gatos. Enjoy e lements of jazz, blues, country and soul. Ren delivers a heartfelt performance of original music and reimagined classics. To purchase tickets, or to find ou t more about other concert events, please visit campbellmuseums.com.
CONSENT CALENDAR
Mayor Bybee asked if anyone wished to remove an item from the Consent Calendar.
Vice Mayor Landry commented on item eigh t stating that she hopes the City continues their water conservation efforts.
The Consent Calendar was considered as follows:
3. Minutes of City Council Regu lar Meeting of April 18, 2023 Recommended Action : Approve the regular meeting minutes of April 18, 20 23 .
This action approves the regular meeting minutes of April 18, 2023.
4. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $1,745,057.60 .
This action appr ove s the bills and claims in the amount of $1 ,745,057.60 as follows: bills and claims dated April 3, 2023, in the amount of $442,825.29; and bills and claims dated April 10, 2023, in the amount of $1,302,232.31.
Minutes of May 2, 2023 City Council Meeting Page 4
5. Monthly Investment Transactions Repo rt (March 2023) Recommended Action: That the City Council review and accept the Monthly Investment Tra nsactions Report for March 2023.
This ac tion accepts the Monthly Investment Transactions Report for Ma rch 2023.
6. Monthly Treasurer's Report (March 2023)
Recommended Action: That the City Council review and accept the Monthly Trea surer ’s Report for the month ended March 31, 2023.
This action a ccepts the Monthly Treasurer ’s Repor t for the month ended Ma rch 31, 2023.
7. Second Reading of Ordinance 2293 Establishing a N ew Zoning Map and Amending Title 6 (Health and Sanitation), Title 7 (Animals), Title 20 (Subdivision and Land Development) , and Title 21 (Zoning) of the Campbell Municipal Code (Ordinance/Roll Call Vote)
Recommended Action: That the City Council approve the second reading and adopt Ordinance 2293 establishing a new zoning map and amending Title 6 (Health and Sanitation), Title 7 (Animals), Title 20 (Subd ivision and Land Development), and Title 21 (Zoning) of the Campbell Municipal Code.
Ordinance 2293 establish es a new zoning map and amend s Title 6 (Health and Sanitation), Title 7 (Animals), Title 20 (Subd ivision and Land Development), and Title 21 (Zoning) of the Campbell Municipal Code.
8. Adopt a Resolut ion Rescinding Stage 3 and Enacting Stage 1 of the City ’s Drought Measures in Accordance with Recent Water Supply Updates (Resolution/Roll Call Vote)
Re commended Action: That the City Council adopt a resolution to rescind Stage 3 and enact Stage 1 of the City ’s Drought Measures, Section 8.34.022 of the Municipal Code, in accordance with actions taken by Governor Newsom, Santa Clara Valley Water District (Valley Water), and San Jose Water Company (SJWC).
Resolution 12974 rescind s Stage 3 and enac ts Stage 1 of the City ’s Drought Measures, Section 8.34.022 of the Municipal Code, in accordance with actions taken by Governor Newsom, Santa Clara Valley Water District (Valley Water), and San Jose Water Company (SJWC).
9. Resolution Amending Pay Ranges for Temporary Posit ions (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution amending pay ranges for temporary positions.
Resolution 12975 amends pay ran ges for tem porary positions.
10. Amendmen t to the Classification and Salary Plan
Recommended Action: That the City Council adopt the Resolution amending the Classification and Salary Plan for Arborist.
Minutes of May 2, 2023 City Council Meeting Page 5
Resolution 12976 amend s the Classification and Salary Plan for Arborist.
M/S: Landry/Lopez - That the City Council approve the consent calendar.
The motion was adopted by the following roll call vote:
R ESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Lopez
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES
Mayor B ybee as ked the Ci ty C ounc il i f there were any disclosures, they would like to make in regards to the Public Hearing items. There were no disc losures made.
11. Public Hearing to Consider the Request of Joma Studio Architects for Property Located at 24-28 E. Campbell Avenue to Allow Construct ion of a 3-Story, Approximately 8,000 Square-Foot Mixed-Use Building, Consisting of Ground-Floor and 2Nd-Level (Mezzanine) Commercial/Office Space, and Three 1-Bedro om Upper-Level Apartment Units. the Application Under Consideration Includes a Planned Deve lopment Permit. File No.: PLN-2022-
79. (Resolution/Roll Call Vote)
Recommended Action: The Planning Commission recommends that the City Council adopt a Resolution a pproving a Planned Development Permit to allow construction of a 3-story, approximately 8,0 00 square-foot mixed-use building.
This is the time and place for a public hearing to consider the request of Joma Studio Architects for p roperty located at 24-28 E. Campbell Avenue to a llow c onstruction of a 3- s tory, a pproximately 8,000 s quare- foot m ixed -u se b uilding, c onsisting of g round- floor and 2 n d-Level (Mezzanine) Commercial/Office Space, and three 1- b edro om u pper- level a partment Units. T he a pplication u nder c onsideration includes a Planned Development Permit.
Senior Planner Fama presented a staff report dated May 2, 2023.
Following Council questions, Mayor Bybee opened the public hearing.
Anthony Joma of Joma Studio Architects stated that he was available if the City Council had any questions.
Seeing no one e lse wishing to speak, Mayor Bybee cl osed the public he aring.
After discussion, M/S: Landry/Furtado - T hat the City Council adopt Resolution 12977 a pproving a Planned Development Permit to allow construction of a 3-story, approximately 8,000 square-foot mixed-use building. The mo tion was ad opted by the following roll call vote:
Minutes of May 2, 2023 City Council Meeting Page 6
RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Furtado
AYES: Bybee, Landry, Furtado
ABSTAIN: Lopez, Scozzola
12. Continued Public Hearing to Consider an Appeal of the Planning Commission ’s Approval of a Variance for Property Located at 68 Page Street to Allow Construction of an Approximately 1,053 Square-Foot One- Story Single-Family Dwelling, Inc lusive of a 313 Square-Foot Junior Accessory Dwelling Unit (JADU), with a 529 Square-Foot Attached Accessory Dwelling U nit (ADU), with Substandard Front- and Street-Side Setbacks (14 ½-Ft and 3-Ft Respectively), Including Retention of an Existing Detached Non-Conforming Garage. File No.: PLN-2022-101.
Recommended Action: That the City Council continue the public hearing o n the appeal of the Variance approved by the Planning Commission related to the property located at 68 Page Street to allow the applicant time to revise the Variance plans in response to community concerns and to allow the applicant the opportunity to be p resent at the hearing .
This is the time and place for a public hearing to consider an a ppeal of the Planning Commission ’s a pproval of a Variance for p roperty located at 68 Page Street to a llow c onstruction of an a pproximately 1,053 s quare- foot o ne- s tory S ingle-Family Dwelling, inc lusive of a 313 s quare- foot Junior Accessory Dwelling Unit (JADU), with a 529 s quare- foot a ttached A ccessory Dwelling Unit (ADU), with s ubstandard front and s treet- s ide s etbacks (14 ½-Ft and 3-Ft respectively), including retention of an e xisting d etached n on- c onforming g arage.
Senior Plann er Fama pres ented a staff report dated May 2, 2023 . Senior Planner Fama s tat ed staff is recommending deferring this item to a fu ture date to allow the a pplicant and a rchitect addit ional time to revise the pro ject plans based on Council ’s direction.
Following Council questions, Mayor B ybee opened th e public hearing and asked if anyone wished to speak .
Leanne Hamakin, Campbell resident thanked the Council for their consideration on this item and w as in attendance to receive a status update on the projec t.
After discussion, M/S: Furtado /Scozzola - That the City Council continue the public hearing to a date uncertain. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMO US]
MOVER: Furtad o
SECONDER: Scozzola
Minutes of May 2, 2023 City Council Meeting Page 7
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
13. Pu blic Hearing and Introduction of an Ordinance Amending Provisions of the Campbell Municipal Code to Revise the Business License Tax Rates Effective in Fiscal Year 202 4 (Ordinance/Roll Call Vote) Recommended Action: That the City Council introduce and take a first reading of an Ordinance amending provisions of the Campbell Municipal Code to revise the business license tax rates, effective in Fiscal Year (FY) 2024.
Thi s is the time and place for a public hearing to consider int roduction o f an Ordinance amending provisions of the Campbell Municipal Code to revise the business license tax rates, effective in Fiscal Year (FY) 2024.
Finance Director Fu entes presented a sta ff report dated Ma y 2, 2023.
Following Council questions, Mayor Bybee open ed th e public hearing and asked if anyone wished to speak .
Seeing no one wishing to s peak , Mayor Bybee closed the publ ic hear in g.
After discussion, M/S: Landry/Lopez - That the C ity Council introduce and take a first reading of an Ordinance amending provisions of the Campbell Municipal Code to revise the business license tax rates, effective in Fiscal Year (FY) 2024. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Lopez
AYES: Bybee, Landry, Furtado, Lop ez, Scozzola
City Clerk Sanders read the full title of Ordinance 2294 .
M/S : Landry/Furtado - T hat the City Council waive further reading of Ordinance 229 4 . The motion w as adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Furtado
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
1 4. Approval of Fiscal Year 2024 Schedule of Fees and Charges (Resolution/Roll Call Vote)
Recommended A ction: That the City Council adopt a Resolution approving the Fiscal Year (FY) 2024 Schedule of Fees and Charges, effective July 1, 2023.
This is the time and place for a public hearing to consider appro val of Fiscal Year 2024 Sc hedule of Fees and Charges .
Minutes of May 2, 2023 City Council Meeting Page 8
Finance Director Fuentes introduced Terry Madsen of ClearSource Financial Consult ing , who presented a staff report dated May 2, 2023.
Follow ing Council questions, Mayor By bee opened the public hearing and asked if anyone wished to speak .
Seeing no one wishing to s peak , Mayor Bybee closed the publ ic hear in g.
The City Council discussed appeal fees . They noted the appeal fee should be kept at a reasonable amount to en sure public accessibility to file an appeal.
The Council discussed lowering the pr oposed appeal fee from $500 to $300.
M/S: Landry/Furtado – That the City Council adopt Resolution 12978 approving the Fiscal Year (FY) 2024 Schedule of Fees and Charges, effective July 1, 2023 and changing th e appeal fee to $300 . The motion was adopted by th e following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Furtado
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
15. Assembly Bill 481, Military Equipment Annual Report (Ordinance/Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resol ution finding that each type of military equipment identified in the 2022 Military Equipment Annual Report has complied with the standard set forth in Ordinance 2280; and introduce an ordinance for first reading renewing City of Campbell Ordinance 2280, pe r the requirements set forth in California Government Code § 7070, et. seq.
This is the time and place for a public hearing to consider Assembly Bill 481, Military Equipment Annual Report .
Police Captain Livingston pr esented a staff report dated May 2, 2023.
Following Council questions, Mayor Bybee open ed th e public hearing and asked if anyone wished to speak .
Seeing no one wishing to s peak , Mayor Bybee closed the publ ic hear in g.
Af ter disc ussion, M/ S: Landry/L opez – That the City Council adop t Resolution 12979 finding that each type of military equipment identified in the 2022 Military Equipment Annual Report has complied with the standard set forth in Ordinance 2280; and introduce O rdinance 22 95 for first reading renewing City of Campbell Ord inance 2280, pe r the requirements set forth in California Government Code § 7070, et. seq. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
Minutes of May 2, 2023 City Council Meeting Page 9
MOVER: Landry
SECONDER: Lopez
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
Ci ty Clerk Sanders read the full title of Ordinance 229 5.
M/S : Furtado/Lopez – T hat the City Council waive further reading of Ordinance 229 4 . The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Furtado
SECONDER: Lop ez
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
NEW BUSINESS
16. Downtown Special Event Fee Waiver Request - Campbell Cham ber of Commerce
Recommended Action: That the City Council consider and provide direction to staff regarding the requests from the Ca mpbell Chamber of Commerce to (1) approve a fee waiver allowing the Campbell Chamber of Commerce to pay no more than $25,00 0 in Downtown Special Event Permit fees to the City of Campbell for processing and staffing costs related to the Campbell Chamber of Commerce ’s 2023 Boogie Music Festival; and (2) amend the existing Promissory Note between the City of Campbell and the Camp bell Chamber of Commerce to reflect the same not-to-exceed Downtown Special Event Permit fee amount of $25,000 for the Campbell Chamb er of Commerce ’s Boogie Music Festival and Oktoberfest events held in 2019, 2021 and 2022.
Assistant City Man a ger Gaeta prese nted a staff report dated May 2, 2023.
Following Council questions , M ayor By bee asked if anyone from the public wished to speak.
C ampbell Chamber of Commerce Exec uti ve Director , Ken Johnson spo ke of the community be n efit to the C hamber events , presented a histor y of past e vents in relation to costs, fees, and revenues . He requested the City Council amend the existing Promissory Note between the City of Campbell and the Camp bell Chamber of Commerce to reflect the same not-to-exceed Downtown Special Event Permit fee amount of $25,000 for the Campbell Chamber of Commerce ’s Boogie Music Festival and Oktoberfest events held in 2019, 2021 and 2022.
Nicholas W elzenbach, of Darlin g & Fischer Garden Chapel and Chamber of Commerce member spoke in support of the Chamber and the ir requ est.
The Council discussed the fee waiver request and amending the existing pro missory note to reduce the fees owed and how it relat es to the City ’s fis cal responsi bility.
Minutes of May 2, 2023 City Council Meeting Page 10
Police Chief Berg provided information related to the Police services that are needed to staff the Ch amber events and the costs thereof.
There was Council consensus to approve the $25,000 fee w aiver for the Chamber ’s 2023 Boogie Music Fes tival.
After discussion , M/S : Furtado/Sc ozzola – That the City Council consider and provide direction to staff regarding the requests from the Campbell Chamber of Commerce to approve a fee waiver allowing the Campbell Chamber of Commerce to pay no more than $25,000 in Downtown Special Event Permit fees to the City of Campbell for processing and staffing costs related to the Campbell Chamber o f Commerce ’s 2023 Boogie Music Festival . The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOV ER: Furtado
SECONDER: Scozzola
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
M/S: Furtado / Scozzola – That the City Council provide direction to staff to amend the existing Promissory Note bet ween the City of Campbell and the Campbe ll Chamber of Commerce to reflect the same not-to-exceed Downtown Special Event Permit fee amount of $25,000 for the Campbell Chamber of Commerce ’s Boogie Music Festival and Oktoberfest events held in 2019, 2021 and 2022.
Vice Mayor Landry made a friendly amendment to appr o ve not-to-e xceed amount s of $25,00 0 for the Boo gie Musical events and $35,000 for Oktoberfest events.
Councilmembers Furtado and Scozzola acc epted the friendly amendment.
The motion was adopted by the following roll call vote:
RESULT: ADOPTED [4 TO 1]
MOVER: Furtado
SECONDER: Scozzola
AYES: Landry, Furtado, Lopez, Scozzola
NAYS: Bybee
City Manager Loventhal stated that resolution s would be brought forward at a future meeting to effe ctuate the Cou ncil ’s decisions .
UNFINISHED BUSINESS
There was no unfished business.
COUNCIL COMMITTEE REPORTS
Minutes of May 2, 2023 City Council Meeting Page 11
17. Council Committee Reports
Recommended Action: That the City Council report on activities from their committee assignments.
Councilmem ber Furtado spok e of the upcoming budget discu ssions to be had at the West Valley Sanitation Distr ict meeting ; S il icon Valley Clean Water JPA meeting; and the West Valley Solid Wa ste Authority JPA meeting .
Vice M ayor Landry attended th e Santa Clara County Library District JPA Board of Directors mee ting where she was appointed Cha ir ; and attended the City ’s A rbor Day event at Jo hn D. Morgan park.
Councilmember Lopez attended the Ci ty ’s Arbor Day event; and the Santa Clara Valley Transp ortation Authority Policy Advisory Board meetings; and presented a Mayor ’s Proclamation at San Jose State for their Asian American Stu dies Founders Alumni event.
Councilmember Lopez commented on the vandalism o f some community signs that were inte nded to be welcoming. He rea ffirmed that Campbell is a welcoming place and that type of behavior is not in line with Camp bell ’s values.
Mayor Bybee attended the West Valley Mayors and Managers meeting with guest speak Supervi sor Simitian .
ADJOURN
Mayor Bybee adjou rned the meetin g at 9:49 p.m.
APPROVED :
ATTEST:
Anne Bybee, Mayor
Andrea Sanders, City Clerk