CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California
REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, July 18, 2023 7:30 p.m.
City Hall Council Chamber – 70 N. First Street
This City Council meeting was duly noticed pursuan t 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. campbellca.gov /agendacenter .
CALL TO ORDER
The City Coun cil 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 Present
Dan Furtad o Councilmember Present
Sergio Lopez Councilmember Present
Elliot Scozzola Councilmember Present
PLEDGE OF ALLEGIANCE
The Pledge of A llegiance was led by Councilmember Lopez.
SPECIAL PRESENTATIONS AND PROCLAMATIONS
There were no special presentations a nd proclamations.
COMMUNICATIONS AND PETITIONS
There were no communications and petitions.
ORAL REQUESTS
Amy Taylor, Downtown Campbell Business Association (DCBA) member thanked the City Council and the P olice Department for their support of the D CBA Down town Campbell Car Show event. Additionally, Ms. Taylor tha nked the City for their efforts in Minutes of July 18, 2023 City Cou ncil Meeting Page 2 bringing in resources and a mental health clinician to assist residents. She concluded with a request that the City follow up on trash issues in the downto w n area.
COUNCIL ANNOUNCEMENTS
The City Clerk ’s office is accepting applications for the Planning Commission until 5 :00 p .m . on Friday, August 11 . To find out more about this posit ion, or to apply, please contact the City Clerk ’s office at (408) 866-2117 , or visi t the city ’s website at campbellca.gov .
A City Council meeting has been scheduled for Tuesday, J uly 31 at 7:00 p .m . to allow for participation for the National Night Out event on August 1. The regularly scheduled C ouncil meeting on Tuesday, August 1 has been canceled.
The City of Campbell ’s summer concert series will run through Thursday, August 3 .
Admission is free and concert ’s start at 6:30 p .m . on the Orchard City Green. Bring a lawn chair and enjoy the Hill Street Band on Thursday, July 20 and Daze on the Green the following Thursday, July 27. For a complete listing of upcoming bands, please visit the City ’s website at campbellca.gov .
July is Park & Recreation Month, so please join the team as they celebrate everyday w ith a new event that helps build community. Some upcoming events include a free chalk art contest in the parking lot at the Campbell Community Center on Sunday, July 23 . Reserve your spot in advance and s howcase your talents. Friday, July 28 there will be a free movie in the park at John D. Morgan Park and on Monday, July 31 the team will close out July with a special summer concert featuring the Houserockers on the Orchard City Green from 7 :00 p .m .-8:30 p .m. Information on these events and all the daily events ca n be found at www.campbellca.gov/PRM .
C ONSENT CALENDAR
Mayor Bybee asked if anyone wished to remove an item from the Consent Calendar.
The consent calendar was considere d as follows:
1. Minutes of City Council Executive Session Meeting of June 20, 2023 Recommended Action : Approve the execu tive session meeting minutes of June 20, 2023 .
This action approve s the ex ecutive session meeting minutes of June 20, 2023.
2. Minutes of City Council Regular Meeting of June 20, 2023 Recommended Action : A pprove the regular meeting minutes of June 20, 2 023 .
This action approves the regula r meeting minutes of June 20, 2023.
3. Minutes of City Council Special Meeting of June 23, 2023 Recommended Action : Approve the special meeting minutes of June 23, 2023 .
Minutes of July 18, 2023 City Cou ncil Meeting Page 3 This action approves the special mee ting m inut es of June 23, 2023.
4. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $3,331,120.98.
This action approves the bills and clai ms in the amount of $3,331,120.98 as follows: bills and claims c hecks dated June 5, 2023, in the amount of $143,328.65; payroll checks dated June 8, 2023, in the amount of $71,412.04; bills and claims c hecks date d June 12, 2023, in the amount of $601,429.10; bills and claims checks dated June 19, 2023, in the amount of $382,305.84; payroll checks dated June 22, 2 023, in the amount of $35, 175.43 ; and bills and claims checks dated June 26, 2023 , in the amount of $2,097,469.92.
5. Mont hly Investment Transactions Report (May 2023)
Recommended Action: That the City Council review and accept the Month ly Investment Transactions Report for May 2023.
This action reviews and accepts the Month ly Investment Transactions Repo rt for May 2023.
6. Monthly Treasurer's Report (May 2023)
Recommended Action: That the City Council review a nd accept the Monthly Treasurer ’s Report for the month ended May 31, 2023.
This ac tion accepts the Mont hly Treasurer ’s Repor t for the month ended Ma y 31, 2023.
7. 2022 Fire Marshal Inspection Report (R esolution/Roll Call Vote) Recommended Action: That the City Council adopt a Resolution acknowledging receipt of the 2022 Fire Marshal, Stat e Mandated Inspection Report for the City of Campbell.
Resolution 13012 acknowledges receipt of the 2022 Fire Marshal, Stat e Mandated Inspection Report for the City of Campbell .
8. Award and Approve a Construction Contract to Radius Earthw ork, Inc. for Camden Avenue Resurfacing Project 21-SS (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolut ion to: 1) award the project to the lowest responsible bidder, Radius Earthwork, Inc.; 2) approve the construction c ontract in the amount of $1,212,910 plus $121,290 construction contingency; 3) authorize the City Manager to execute the contract; and 4) au thorize the City Engineer to negotiate and execute contract change orders up to and within the allocated constructio n contingency.
Resolution 13013 awards the project to the lowest responsible bidder, Radius Earthwork, Inc.; approve s the construction c ontract in the amount of $1,212,910 Minutes of July 18, 2023 City Cou ncil Meeting Page 4 plus $121,290 construction contingency; authorize s the City Manager to execute the contract; and au thorize s the City Engineer to negotiate and execute contract change orders up to and within the allocated constructio n contingency.
9. Approval of a Cost Share Agreement with the City of San Jose in the Not to Exceed Amount of $121,000; Authorization for th e City Manager to Execute Said Agreement, and the Finance Director to Perform Associated Budget Adjustments
Recomme nded Action: That the City Council adopt a resolution to: 1) approve the cost share agreement with the City of San Jose in the not to exceed amount of $121,000 ; 2) authorize the City Manager to execute said agreement; and 3) authorize the Finance Director to perform associated budget adjustments.
Resolution 13014 approves the cost share agreement with the City of San Jose in the not to exceed amount of $121,000 ; authorize s the City Manager to execute said agreement; and authorize s the Finance Director to perform associated budget adjustments.
10. Resolution Approving an Agreement with San Jose Water Company (SJWC) to Provide Equipment and Labor Services, in an Amount Not to Exceed $218,473, for the Installation of Water Utility Service Connections for the Measure O - Campbell Police Operations Building Project (No. 23- RR); Authorizing the City Manager to Execute Said Agreement as Specified in Campbell Municipal Code Section 3.20.100; and Authorizing the Public Works Director to Negotiate and Execute Cont ract Change Orders Up to and Within the Allocated 10% Construction Contingency Amount (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution approving an agreement with San Jose Water Company (SJWC) to provide equipment a nd labor services, in an amount not to exceed $218,473, for the installation of water utility service connections for the Measure O - Campbe ll Police Operations Building Project (No. 23-RR); authorizing the City Manager to Execute Said Agreement as Specifi ed in Campbell Municipal Code Section 3.20.100; and authorizing the Public Works Director to negotiate and execute contract change orders up to and within the allocated 10% construction contingency amount.
Resolution 13015 approv es an agreement with San Jose Water Company (SJWC) to provide equipment a nd labor services, in an amount not to exceed $218,473, for the installation of water utility service connections for the Measure O - Campbe ll Police Operations Building Project (No. 23-RR); authoriz es the City Manager to Execute s aid a greement as s pecifi ed in Campbell Municipal Code Section 3.20.100; and authoriz es the Public Works Director to negotiate and execute contract change orders up to and within the allocated 10% construction contingency amount.
M/S: Landry/Lopez - That the C ity Counc il approve the consent calendar .
The motion was adopted by the following roll call vote:
Minutes of July 18, 2023 City Cou ncil Meeting Page 5 R ES ULT: ADOPTED [UNANIMOUS]
MOVE R: Landry
SECONDER: Lopez
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES
11 . Lighting and Landscaping District LLA-1, Fiscal Year 2023-24 - Confirming Assessments (Resolution/Roll Call Vote)
Recommended Action: Tha t the City Council adopt a resolution overruling protests, if any, approving the Engineer's Report, ordering the imp rovements, and confirming the diagram and assessments.
T h is is the time and place for a public hearing for confirming assessments for the City of Campbell Lighting an d Landscaping District (LLA -1) for Fiscal Year (FY) 202 3 /2 4 and adopt a res olution overr uling protests, if a ny, approving the Engine er ’s Report, order ing the im pr ovements, and confirming the diagram and assessments .
M ayor By bee gave opening statements , declared the public hearing open and asked if there was anyone in th e audience wishing t o be heard.
City Clerk Sanders read the Clerk ’s statement verifying public hearing no tification and s tated that no protests we re received.
Senior Civil Engineer Roger Storz provided a statement regarding the nature of the lighting and landscape d istrict.
There being no one wishing to speak, Mayor Bybee closed th e public hearing.
M/S: La ndry /Furtado – Th at th e City Counc il adopt Reso lution 1 301 6 overrulin g protests, if any, approving the Engineer ’s Report, ordering the improvements, and confirmin g the diagram and assessments . The mo tion w as ad o pte d by the following roll call vot e:
R ESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Furtado
AYES: Bybee, Landry, Fur tado, Lopez, Scozzola
12. Placing the Cost of Abating Hazardous Vegetation on the Property Tax Assessment Roll (Reso lution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution placing the cost of abating hazardous vegetation on the property tax assessment roll.
This is the time and p lace for a public hearing to consider adopting a resolution placing the cost of abating hazardous vegetation on the prope rt y tax assessment roll.
Minutes of July 18, 2023 City Cou ncil Meeting Page 6 Community D evelopment Director Eastwood presen ted a staff re port dated July 18, 2023.
Mayor Bybee opened the public hearing and asked if anyone wished to speak.
Seeing no one wishing to speak M ayor Bybee clos ed the public hearing.
M/S: Scozzola/Lopez – That the City Council adopt Re solution 13017 placing the cost of abating hazardous vegetation on the property tax assessment roll. The motion was adopted by the following roll call vote :
RESULT: ADOPTED [UNANIMOUS]
MOVER: Scozzola
SECONDER: Lopez
AYES: Bybee, Landry, Fu rtado, Lopez, Scozzola
13. Continued Public Hearing to Consider an Appeal of a Variance Approval for Property Located at 68 Page Street to A llow Construction of an Approximately 916 Square-Foot Single-Family Dwelling and a 642 Square- Foot Attached Accessor y Dwelling Unit (ADU), with a Substandard 14 ½ Foot Front-Yard Setback and 5-Foot Street-Side Setback. File No.: PLN- 2022-101. T he Planning Commission Found This Item be Deemed Categorically Exempt from CEQA. (Resolution/Roll Call Vote) Recommended Action : That the City Council adopt a resolution approving the appeal and modifying the Planning Commission's approval of a Variance.
This is the time and place for a continued public hearing to consider an app eal of a Variance approval for property located at 68 Page Street to allow construction of an appro ximately 916 s quare-foot Single-Family Dwe lling and a 642 square- foo t attached A ccessory Dwelling Unit (AD U) with a s ubstandard 14 ½ foot front- y ard s etback and 5- foot s treet- s ide s etback.
Senio r Planner Fama presented a staff report dated J u ly 1 8, 2023.
Following Council questions Mayor Bybee declared the public hearing open and invited the appellants up to spe ak.
Appellant Brit ta n y So z u a acknowledged the revision the property owner made to the p lans but noted it only app lied to the exterior and not the interio r. Ms. So z u a expressed concerns with the interior noting four s ets of washers and dryers ; th e lack of clos ets in the bedrooms; the removal of the gar age; and commented on the si x exterior doors and the 5-foot setback instead of 6-foot as requested.
Ms. Sozua shared comments on beha lf of a neighbor stat ing the intentions of the property are a boarding house and not a single -family residen ce.
Minutes of July 18, 2023 City Cou ncil Meeting Page 7 Mayor Bybee invited the prop erty owner Yan jun Wan g and his representative to speak.
The property owners stated the four washer s and dryers was an error and the unit s only have two. They noted the lack of closets was because they wanted to use furni ture such as a wa rdrobe as they felt it was more fashionable. They spoke about the number of doors stating it was to allow access to the backyard without having to use the front door and go around the house. They stated the purpose of the project was to have a single-family house that had an ADU for their pa rents.
Mayor Bybee invited members of the public to speak.
Patrick Gasaway Campbell resident , stated this project appears to be more of a high density build in a single -family neigh borhood and does not support the project.
Ch y Sarmento Campbel l resident , expressed concerns with the property owners and that thi s may end up bein g an illegitimate business or for short-term housing and was not in support of the p roject.
Adrian Sarmento, Campbell resident , expressed concerns that after seeing the project plans that this would not be used for si ngle-family long -term ho using.
Seeing no one else wishing to speak, Mayor Bybee closed the public hearing.
Vice Mayor Landry c ommented that with the number of bathrooms , doors, and washers and dryers that the property own er should not qualify for a hardship exemption .
Councilmember Furtado stated that he did not feel it was in the purview of the Council to decide what happen s inside the house as it relate s to closets and washers and dryers. He noted the un usual size of the property and that it has to be livable and the Variance is justified.
Councilmember Lopez appreciated the revised plans and thanked staf f and property owners for their added efforts. H e noted that he shared some of the same concerns as Council member Furtado .
Councilmemb er Sc ozzola agreed with Vice Mayo r Landry and suggested a further compromise from th e p roperty owners.
Mayor Bybee not ed the unusual property siz e and stated that in order to approve the Vari ance the Council would need to adopt findings that doesn ’t support the V ariance .
Minutes of July 18, 2023 City Cou ncil Meeting Page 8 Coun cil asked the City Attorney to provide further clarification on defining physical hardship .
City Attorney Seligmann stated the hardship would be whether the characteristics of the p roperty are different in such a way that someone is being dep rived of what someone else in the area would normally be able to dev elop.
Council asked the prope rty owner if they would b e open to re vising the plans again to a more traditional floor plan with a gr eater setback.
The applican t noted that they have revised the plans several times, noted the small kitchen and bedroom sizes , noted the de sire to use the prop erty for their family , and stated the y would not be willing to rev ise the project plans.
The Council asked staff what the procedure would be if they approved the appea l.
Senior Planner Fama stated the approval of the appea l would turnover the Planning Commissions decision to grant the Variance. The Council would need to continue the item to a future date for staff to pr epare a dr aft resolut ion for denial with new findings for the denial act ion.
M/S: Landry/Lopez – That the City Council approve the appeal and direct staff to return to a date uncertain with a R esolution with appro priate finding s in support of the Va ri ance denial. The motion was adopted by the following roll call vote:
RESULT: ADOP TED [4 TO 1]
MOVER: Landry
SECONDER: Lopez
AYES: Anne Bybee, Susan M. Landry, Sergio Lopez, Elliot Scozzola NAYS: D an Furtado
14. Semi-Arcade Permit- Khartoum at 300 Orchard City Drive Suite 101, Campbell, California (Resolution/Roll Call Vote)
Recommend ed Action: That the City Council adopt a Resolution approving the issuance of a Semi-Arcade Permit for Khartoum loca ted at 300 Orchard City Drive Suite 101, Campbell, California.
This is the time and place for a public hearing to consider the issuance of a Semi-Arcade Permit for Khartoum loca ted at 300 Orchard City Drive Suite 101, Campbell, California.
Police Chief Berg presented a staff report dated July 18, 2023.
Minutes of July 18, 2023 City Cou ncil Meeting Page 9 Following Council questions , Mayor Bybee opened the public hearing and asked if anyone wi shed to speak . Seeing no on e wishing to speak , Mayor Bybee closed the publ ic hearing.
After discussion, M /S: Sc ozzola /L opez – That the C ity C ounc il adopt Resolution 13018 approving the issuance of a Semi-Arcade Permit for Khartoum loca ted at 300 Orchard City Drive Suite 101, Campbell, California.
The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Scozzola
SECONDER: Lopez
AYES: Bybee, Lan dry, Furtado, Lopez, Scozzola
NEW BUSINESS
15. Approval of Sixth Amended City Attorney Agreement (Resolution/Roll Ca ll Vote)
Recommended Action: That the City Council adopt a Resolution approving the sixth amended agreement for City Attorney services and adjusting compensation for Paralegal and Law Clerk services.
Assistant City Man ager Gaeta presented a staff report dated July 18, 2023.
Following Council questions , Mayor Bybee asked if anyone from the public wished to speak. There were no public comments.
A fter discussion, M/S: Landr y/Lopez – That the City Council adopt Resolution 13019 approving the sixth amended agreement for City Attorney services and adjusting compensation for Paralegal and Law Clerk services.
The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Lo pez
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
16. Social Service Sub-Grant Awards (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a Resolution awarding Social Service Subgrants as recommended by the Civic Improvement Commis sion.
Assistant City Man ager Gaeta presented a staff report dated July 18, 2023.
Following Council questions , Mayor Bybee asked if anyone from the public wished to speak. There were no public comments.
Minutes of July 18, 2023 City Cou ncil Meeting Page 10 Council members provided positive comments on the value these S oci al S ervice S ub grants provide to the communi ty and thanked the Civic Impr ovement Commission for their efforts.
M/S: Furtado /Scozzola – T hat the City Council adopt Resolu tion 13020 awarding Social Service Subgrants as recommended by the Civic Improvement Commis sion. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Furtado
SECONDER: Scozzola
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
T he Ci ty Council took a 1 0-minute recess and reco nvened at 8:5 7 p.m.
17. Resolution Authorizin g an Ad Valorem Tax Levy Based on a Debt Service Estimate to be Provided to Santa Clara County Regarding General Obl igation Bonds for Fiscal Year 2023-24 (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution authorizing an ad valorem tax levy based on a debt service estimate to be provided to Santa Clara County regarding general oblig ation bonds for Fiscal Year 2023-24.
Finance Director Fuentes presented a staff report dated July 1 8, 2023.
Following Council questions , Mayor Bybee asked if anyone from the public wished to speak. There were no public comments.
After discussion, M/S: Lope z/Landry – That the City Council ad opt Resolution 13021 authorizing an ad valorem tax levy based on a debt service estimate to be provided to Santa Clara County regarding general oblig ation bonds for Fiscal Year 2023-24. The motion was adopted by the follo wing roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Lopez
SECONDER: Landry
AYES: Bybee, Landry, Furtado, Lopez, Scozzol a
UNFINISHED BUSINESS
18. Approval of the Plans, Specifications, and Estimate (PS&E), and Authorization for the Publ ic Works Director to Solicit Bid Proposals from the List of Pre-Qualified Contractors, for the Measure O – Police Operations Building Projec t
Recommended Action: That the City Council adopt a resolution approving the plans, specifications, and estimate (P S&E), and authorizing the Public Works Minutes of July 18, 2023 City Cou ncil Meeting Page 11 Director to solicit bid proposals from the list of pre-qualified contractors, for the Measure O - Pol ice Operations Building Project (No. 23-RR).
Pu blic Works Director Capurso presented a staff report dated July 18, 2023.
Director Capurso introduced consult ants from Gri ffin Structures and LPA Inc.
Mayor Bybee asked if anyone from the public wished to speak. There were no public comments.
Vice Mayor Landry expressed concer ns with revocable bid item s , a nd noted various concerns with the pla ns and requested her ma jor concerns such as the dra inage by fixed pri or to the project bid.
The Council discussed decoupling the existing PD b uilding renovations from the Measure O proj ect to save costs.
Councilmember Furtado expressed concerns with moving forward given the cost estimate overages and the p o tential that staff will have to return to the Counc il asking for additional funding. He felt that the Bond Measure language led v oters to believe th at the renovation of the existing PD building would be used for other City purposes.
After discussi on, M/S: Landry/Lopez – That the City Council adopt R esolution 13022 approving the plans, specifications, and estimate (P S&E), and authorizing the Public Works Director to solicit bid proposals from the list of pre-qualified contractors, for the Measure O - Pol ice Operations Building Project (No. 23-RR). The motion was adopted by the following roll call vote:
RESULT: ADOPTED [4 TO 1]
MOVER: Landry
SECONDER: Lopez
AYES: Anne Bybe e, Susan M. Landry, Sergio Lopez, Elliot Scozzola NAYS: Dan Furtado
Follo wing the roll call, Councilmember Furtado clarified that he was not supp ortive of the motion but was supportive of movi ng forward with the new Police building and would be more comfortable decoup ling the project .
COUNCIL COMMITTEE REPORTS
19. Council Committee Reports
Recommended Act ion: That the City Council report on activities from their committee assignments.
Councilmember Scozzola encouraged everyone to attend a Su mmer Concert event and that proceeds from food a nd beverage purch ases go to the Campbell Historical Museum and Ainsley House Foundation .
Minutes of July 18, 2023 City Cou ncil Meeting Page 12 Council member Lopez attended the Legislative Subcommittee meeting; a ttended a n atio nal transit conference with American Public Transportation Association on be half of Santa Cl ara Valley Transportation Au thority Councilmember F urtado attended the Measure O Citizens Oversight Committee as a member o f the public; a nd noted the passing of retired Navy Comman der , and found ing member of the Veterans Memorial Foundation, Al Hagman .
Vice Mayor Landry attended the City C lerk Per formanc e /Compensation Subcommittee meeting with Mayor Bybee ; att ended the DCBA car show eve nt; attended a Campbell Chamber of Commer ce ribbon cutting event to welcome new business; and noted the u pcoming Economic Development Su bcommittee meeting to be held on J uly 27, 20 23.
Mayor Bybee attended both Summer C oncer t event s with the o pportunity to welcome the crowd ; attended the West Valley Mayors and Managers meeting, and thanked Counc ilmember Lopez who came and provided an update from the Santa Cla ra Valley Transportation Authority (VTA); and atten ded the DCBA car show event.
ADJOURN
Mayor Bybee adjou rne d the meeting at 10:21 p.m. in memory of Al Hagman.
APPROVED :
ATTEST:
Anne Bybee, Mayor
Andrea Sanders, City Clerk