CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California
REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, September 19, 2023 7:30 p.m.
City Hall Council Chamber – 70 N. First Street
This City Council meeting was duly noticed pu rsuant to open meeting requirements of the Ralph M. Bro wn Act (G.C. Section 54956).
This meeting was recorded and can be viewed in its entirety at www.c a mpbellca.gov /agendacenter .
CALL TO ORDER
The City Council of the City of Campbell con vened thi s 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
Dan F urtado Councilmember Present
Sergio Lopez Councilmember Present
Elliot Scozzola Councilmember Present
PLEDGE OF ALLEGIANCE
Mayor Bybee led the Pledge of Allegiance.
SPECIAL PRESENTATIONS AND PROCLAMATIONS
There were no special presentations and p roclama tions.
COMMUNICATIONS AND PETITIONS
There were no commu nications and petitions.
ORAL REQUESTS
Amy Taylo r, Campbell res ident and owner of Cloud City Supply, requested the City Coun cil address the paid parking lot issue and the concern with a n un -n amed b usi nesses ’ p arklet permit .
Minutes of September 19, 2023 City Council Meeting Page 2 Steve Saund ers , Campbell r esi dent , expressed his concerns with the large groups of Bicyclists who ride through D owntown and do not obey the rules of the road .
COUNCIL ANNOUNCEMENTS
The City Clerk ’s office is accepting applications for two positions on the Bicycle and Pedestrian Advisory Commi ttee. These are full term appointments expiring August 2028. To find out more about this C ommittee, or to apply, please contact the City Clerk ’s office at (408) 866-2117 , or visit the city ’s w ebsite at campbellca.go v .
You are invited to attend a Family Health and Wellness Fair on Saturday, September 30 from 1 :00 -4 :00 pm at Castlemont Elementary School located at 3040 E. Payne Avenue in Campbell. There w ill be fun activities for everyone. Kids can catch up on import ant health sc reenings from local doctors for free. This event is a joint partnership with Assemblyman Marc Berman, Campbell Union School District, Valley Health Foundation and the Santa Clara C ounty Public Health Department. For more information, please v isit asmdc.org .
The Caregivers Count Conference is an annual virtual event designed for families and friends caring for loved ones. This conferenc e features professional speakers covering wide ranging topics to support caregivers. There are two days remaining , September 23 and 30 will be from 10 :00 am to 12 :00 pm . For more information, or to register, please v isit caregiverscou nt.net .
On Sunday, October 1 at 7:30 am at Campell Park you are invited to participate in the 9 th annual Teal Run 5k Fun Run/Walk. The Teal Run is a day of hope, love and support for women and familie s affected by ovarian cancer. Take part in the fun filled event that will have many activities in addition to the 5K run/walk. There will be a survivor ceremony, art, face painting, photo booth, bubble show, kids ’ fun run and so much more. Fo r more info rmation, or to register for this event, please visit thetealrun.org .
Join the fun, meet your neighbors, make some money, and keep those items from going into the la ndfill! Be sure to sign up for the City of Campbell ’s annual g arage sale on Saturday, October 14 from 8 :00 am to 4 :00 pm . For more information, or to register, please call (408)866-2145.
Free Youth Heart Screening at the Campbell Commu nity Center, Orcha rd City Banquet Hall from 9 :00 am to 4 :00 pm on Saturday, Octob er 28 . For additional information, please visit campbellca.gov .
CONSENT CALEND AR
Mayor Bybee asked if anyone wished to rem ove an item from the Consent Calendar.
The Consent Calendar was considered as follows:
1. Minutes of City Council Executive Session Meeting of September 5, 2023 Minutes of September 19, 2023 City Council Meeting Page 3 Recommended Action : Approve the executive session meeting minutes of September 5, 2023 .
This ac tion approves the executi ve session meeting minutes of September 5, 2023.
2. Minutes of City Council Regular Meeting of September 5, 2023 Recommended Action : Approve the regular meet ing minutes of September 5, 2023 .
This action approves the regular meeting minutes of September 5 , 2023.
3. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $3,315, 677.75.
This action appr oves the bi lls and claims in the amount of $3,315,677 .75, as follows: bills and claims checks dat ed August 21, 2023, in the amount of $295,090.79; bills and claims checks dated A ugust 25, 2023, in the amount of $11,888.32; bills and claims checks dated August 28, 2023, in the amount of $2,934,309.6 5; and payroll checks d ated Aug ust 31, 2023, in the amount of $74,388.99.
4. Resolution Approving an Agreement with Burr Plumbing to Provide Equipment and Labor Services, in an Amount N ot to Exceed $290,180, for Completion of the Remaining Gas Line Repairs at the Campbell Community Center; Authorization for the City Mana ger to Exe cute Said Agreement as Specified in Campbell Municipal Code Section 3.20.100; and Authorization for the Finan ce Director to Execute a Budget Adjustment in the Amount of $290,180 to Fund the Associated Improvements
Recommended Action: That the Ci ty Council adopt a resolution: 1) approving an agreement with Burr Plumbing to provide equipment and labor services, in an amount not to exceed $290,180, for completion of the remaining gas line repairs at the Campbell Community Center; 2) authorizing the City Manag er to execute said agreement as specified in Campbell Municipal Code Section 3.20.100; and 3) authorizing the Finance Director to execute a budget adjustment in the amount of $290,180 to fund the associated improvements.
Resolution 13046 approv es an agree ment with Burr Plumbing to provide equipment and labor services, in an amount not to exceed $290,180, for completion of the remaining gas line repairs at the Campbell Community Center; authoriz es the City Manager to execute said agreement as specified in C ampbell Municipal Code Section 3.20.100; and authoriz es the Finance Director to execute a budget adjustment in the amount of $290,180 to fund the associated improvements , including t he desk item .
5. Resolution Authorizing : 1) the Solicitation of Bids for C oncrete Repair Services for the City ’s Annual Sidewalk, Curb, and Gutter Improvement s (No. 24-GG); 2) Approval to Award a Service Contract, in an Amount Not to Exceed $175,000, to the Lowest, Responsive Bidder for a Perio d of Up to Minutes of September 19, 2023 City Council Meeting Page 4 One (1) Year, Plus Optio ns for the City to Renew Up to Four (4) Additional One (1) Year Contracts, Not to Ex ceed $75,000 Per Year, for a Total of Up to Five (5) Years; and 3) the City Manager to Execute Said Agreement as Specified in Campbell Mu nicipal Code Section 3.20.100 (Reso lution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution authorizing: 1) the solicitation of bids for concrete repair services for the City ’s annual Sidewalk, Curb, and Gutter Improvements (No. 24-GG); 2) approval to award a ser vice contract, in an amount not to exceed $175,000, to the lowest, responsive bidder , for a period of up to one (1) year, plus options for the City to renew up to four (4) additional one (1) year contracts, not to exceed $75,000 per year, for a total of up to five (5) years; and 3) the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100.
Resolution 13047 authoriz es : the solicitation of bids for concrete repair services for the City ’s annual Sidewalk, Curb, and Gu tter Improvements (No. 24-GG); approval to award a service contract, in an amount not to exceed $175,000, to the lowest, responsive bidder , for a period of up to one (1) year, plus options for the City to renew up to four (4) additional one (1) year contr acts, not to exceed $75,000 per year, for a total of up to five (5) years; and the City Manager to execute said agreement as specified in Campbell Municipal Code Section
3.20.100.
6. Resolution Approving a First Amendment to the Recycling and Waste Reducti on Commission (RW RC) Memorandum of Agreement (MOA) Permitting Access to Teleconference Options as Specified in Section 54953(B) of the R alph M. Brown Act; and Authorization for the City Manager to Execute Said Agreement as Specified in Campbell Municipal C ode Section 3.20. 100 (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution: 1) approving a first ame ndment to the Recycling and Waste Reduction Commission (RWRC) Memorandum of Agreement (MOA) permitting access to telecon ference options a s specified in Section 54953(b) of the Ralph M. Brown Act; and 2) authorizing the City Manager to execute said agreemen t as specified in Campbell Municipal Code Section 3.20.100.
Resolution 1304 8 approv es a first ame ndment to the Recyclin g and Waste Reduction Commission (RWRC) Memorandum of Agreement (MOA) permitting access to teleconference options a s specified in Section 54953(b) of the Ralph M. Brown Act; and authoriz es the City Manager to execute said agreemen t as specified in Campbell Municipal Code Section 3.20.100.
7. Authorization to Submit County Climate Change Adaptation and Mitigation Gr ant Application (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution authorizing the Community Development D irector to submit a County Climate Change Adaptation and Mitigation Grant application for the Campbell Climate Action Plan.
Minutes of September 19, 2023 City Council Meeting Page 5 Resolution 13049 authoriz es the Community Development Director to submit a County Climate Change Adaptation and Mitigation Grant ap plication for the Campbell Climate Action Plan.
8. Water Tower Lighting Request - Teal Foundation
Recommended Action: That the City Council approve the T eal Foundation's request to light the Campbell Water Tower teal on September 30 to support Ovarian Can cer Awareness Month and to raise aw areness of the "Teal Run" on Sunday, October 1 at Campbell Park.
T his action a pproves the T eal Foundation's request to light the Campbell Water Tower teal on September 30 to support Ovarian Cancer Awareness Month and to raise aw areness of the "Teal Run" on Sunday, October 1 at Campbell Park.
9. Accept Donation to Campbell Police Department from Medicare Drop, LLC (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution authorizing the City Manager to accept a donation of $10,000 from Medicare Drop, LLC for the Police Department and for the Finance Director to prep are an associated budget adjustment.
Resolution 13050 authoriz es the City Manager to accept a donation of $10,000 from Medicare Drop, LLC for the Police Department and for the Finance Director to prep are an associated budget adjustment.
Vice Mayor Landry expressed her appreciation for the d onation.
M/S: Landry/Lopez - That the C ity Counc il approve the C onsent C alendar , including the Desk Item for item four. The m ot ion was adopted by the following roll call vote:
R ES ULT: ADOPTED [UNANIMOUS]
MOVE R: Landry
SECONDER: Lope z
AYE S: Bybee, Landry, Furtado, Lopez, Scozzola
P UBLIC HEARINGS AND INTRODUCTION OF ORDINANCES
10. Continued Publi c Hearing to Consider a Resolutio n, as Directed by the City Council, Approving an Appeal and Overturning the Planning Commission ’s Approval of a Varianc e to Allow Construction of a Single-Family Dwelling with an Attached Accessory Dwelling Unit with Substa ndard Front- and Street-Yard Setb acks. File No.: PLN-2022-101. (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution approving an appeal and overturning the Planning Commission ’s approval of a Variance.
Minutes of September 19, 2023 City Council Meeting Page 6 This is the time and place for a publi c hearing to consider a resolutio n, as d irected by the City Council, a pproving an a ppeal and o verturning the Planning Commission ’s a pproval of a Varianc e to a llow c onstruction of a Single-Family Dwelling with an a ttached Accessory Dwe lling Unit with s ubstandard front- and s treet- y ard s etb acks .
S enior Planner Fa ma p resented a staff report dat ed September 19, 2023. He noted the property owner ’s le g a l representative had submitted a letter for continuance to the ne xt Council meeting.
Ma yor Bybee opened the public hearing a nd aske d i f anyone wish ed to speak.
R epresentative for the applicants requested this hearing be continued to the following Council meeting of October 3, 2023 so that he could have additional time to review the file
Ad rian Sa rmento, Campbell resident requested this item not b e continued and that the City Council ap pro ve the appeal.
Leanne Ham a k in, Campbell resident requested this item not b e continued and that the City Council ap pro ve the appeal.
Seeing no one else wi shing to speak, Mayor By bee closed the public hearing.
Cou ncilmember Furt ado stated it would be appro pr iate to grant the continuance.
Other Councilmembers were not supportive of the continua nce. They noted the applicants have had ample opportunities to address the Council ’s concerns and this item has had t wo prior continu ances.
After discussion, M/ S: Landry/Lopez - That the City Council adopt resolution 13051 approving an appeal and overturning the Planning Commission ’s approval of a Variance. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [4 TO 1]
MOVER: Landry
SECONDER: Lopez
AYES: Bybee, Landry, Lopez, Scozzola
NAYS: Furtado
11. Public Hearing to Consider a City-Initiated Text Amendment to the Campbell Municipal Code by Addin g Chapter 11.13 for Wireless Communication Facilities in the Publ ic Right-Of-Way (Other Than Small Cell Wireless Facilities); Amending Chapter 11.14 of the Campbell Municipal Code for Small Cell Wireless Facilities in the Public Right-Of- Minutes of September 19, 2023 City Council Meeting Page 7 Way; and Adopting Resolutions to Adopt the Wireless Facility Permitting Guidelines and a Wireless Facility Fee Schedule
(Ordinances/Resolution/Roll Call Vote)
Recommended Action: That the City Council: (1) introduce for first reading ordinances adding Chapter 11.13 to the Campbell Municipal Code for Wireless Communication Facilities in the Public Right-of-Way (Other Than Small Cell Wireless Facilities); and amend Chapter 11.14 of the Campbell Municipal Code for Small Cell Wireless Facilities in the Public Right-of-Way; (2) adopt a resolution: (a) approving the Wireless Facility Permitti ng Guidelines and (b) authorizing the City Engineer to update the Wireless Facility Permitting Guidelines at any time; and (3) adopt the attached resolution adopting a Fee Schedule for the Ci ty ’s costs related to wireless communication facilities in the pu blic right-of-way.
This is the time and place for a publi c hearing to consider a City-Initiated Text Amendment and Adopting Resolutions to Adopt the Wireless Facility Permitting Guidelines a nd a Wireless Facility Fee Schedule
City Atto rney Sel igmann introduced the item and his firm ’s Associat e Stephanie Hall.
A ttorney Stephanie Hall presented a staff report dated September 19, 2023.
Mayor Bybee opened the public hearing and asked if anyon e wished to s peak.
Seeing n o one wishing to speak , Mayor By bee closed the p ublic hearing.
After discussion, M/S : Lopez /Landry - That the City Council introduce for first reading O rdinance 2297 adding Chapter 11.13 to the Campbell Municipal Code for Wirel ess Communication Facilities in the Public Right- of-Way (Other Than Small Cell Wireless Facilities); and Ordinance 229 8 amend ing Chapter 11.14 of the Campbell Municipal Code for Small Cell Wireless Facilities in the Public Right-of-Way; adopt R esolution 1 3052 (a) approving the Wireless Facility Permitti ng Guidelines and (b) authorizing the City Engineer to update the Wireless Facility Permitting Guidelines at any time; and adopt R esolution 13053 adopting a Fee Schedule for the City ’s costs related to wirel ess communication facilities in the pu blic right- of-way. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Lopez
SECONDER: Landry
AYES: Bybee, Landry, Furtado, Lopez, Scoz zola
City Clerk Sanders read the full titl e s of Ordinance 2297 a nd 229 8.
Minutes of September 19, 2023 City Council Meeting Page 8 M/S: Furtad o/Lopez – That the C ity C o uncil waive further reading o f Ordinance 2297 and Ordinance 2297. The motion was adopted by the following ro ll call vote :
RESULT: ADOPTED [UNANIMOUS]
MOVER: Furtado
SECONDER: L opez
AYES: Bybee, Landry, Furtado, Lopez, Scoz zola
N EW BUSINESS
12. Approval of Downtown Campbell Business Association Special Event Permits (Resolution/Roll Call Vote)
Recommended A ction: That the City Council adopt a resolution approving the issuance of a Special Event Permit to the Downtown Campbe ll Business Association for the Creepy Crawly Halloween event, the Carol of Lights event, and the Bunnies and Bonnets Parade, as describe d; waiving all fees associated with the three events; and authorizing a five-year term for each permit, subject to the findings and conditions of approval, as described.
Police Captain W hite presented a staff report dated September 19, 2023.
Mayor Bybe e asked if anyone from the public wished to speak. There were no public speakers.
C ouncilmembers expressed their support for thes e events, and noted the benef it that the y pro vide to the commun ity.
M/S: Scozzola/F urtado – That the City Council adopt Resolution 1 3054 approving the issuance of a Special Event Permit to the Downtown Campbe ll Business Association for the Creepy Crawly Halloween event, the Carol of Lights event, and the Bunnies and Bonnets Parade, as describe d; waiving all fees associated with the three events; and authorizing a five- year term for each permit, subject to the findings and conditions of approval, as described. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Scozzola
SECONDER: Furtado
AYES: Bybee, Landry, F urtado, Lopez, Scozzola
13. Accepting a Priority Development Area (PDA) Grant from the Metropolitan Transportation Comm ission (MTC) to Fund the Development of the Hamilton Avenue Precise Plan, Approving a Master Funding Agreement, Authorizing the City Mana ger to Execute the Agreement and Related Supplements, Approving the Release of a Request for Proposals (RFP) for Minutes of September 19, 2023 City Council Meeting Page 9 Relate d Consultant Services (PLN-2023-138), and Authorizing the Finance Director to Prepare Related Budget Adjustments
Recommended Action: Tha t the City Council adopt a Resolution accepting a Priority Develo pment Area (PDA) grant from the Metropolitan Transport ation Commission (MTC) to fund the development of the Hamilton Avenue Precise Plan, approving a Master Funding Agreement, authorizing the City Manager to execute the agreement and related supplements, a pproving the release of a Request for Proposals (RFP) for related consultant services, and authorizing the Finance Director to approve related budget adjustments.
S enior Planner Rose presented a sta ff repo rt dated September 19, 2023.
Following Council que s tions , M ayor Bybee asked if anyone from the public wished to spea k.
R igo Gallardo, U nion Carpenter of Local 405 advocated for the implementation of area labor standards that encompass access to he althcare, accred ited apprenticeship programs, a livable wa g e and commitment to hiring local labor.
The C ity Council discussed the makeup of Ad-Hoc Advisory Group to includ e not only current commissioners but adding in resident members.
After discussion, M/S: Furtado/Scozzola - Tha t the City Council adopt Reso lution 13055 accepting a Priority Development Area (PDA) grant from the Metropolitan Transport ation Commission (MTC) to fund the development of the Hamilton Avenue Precise Plan, approving a Master Funding Agreement, authorizing the City Manager to execute the agreement and related supplements, approving the release of a Request for Proposals (RFP) for related consultant services, and authorizing the Finance Director to approve related budget adjustments. The motion was adopted by the following r oll call vot e:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Furtado
SECONDER: Scozzola
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
14. Approval of All Star Talent Agreem ent and Dispensing of Bidding Requirements as Specified in Campbell Municipal Code Section 3.20.030(7) (R esolution/Roll Call Vote)
Recom mended Action: That the City Council adopt a Resolution approving a one-year contract with All Star Talent and authori zing the City Manager to enter into a Professional Services Agreement and sign the one-year contract with All Star Talent, for the manage ment of the Police Department's online recruitment and marketing campaign, and dispensing with bidding requirements as specified in Campbell Municipal Code Section 3.20.030(4).
Minutes of September 19, 2023 City Council Meeting Page 10 Police Capt ain White presented a staff report dated September 19, 2023.
Following Council ques tions , M ayor Bybee asked if anyone from the public wished to spea k . There were no public speakers.
A fter discussion, M /S: Landry/Lopez - That the City Council adopt Resolution 13056 approving a one-year cont ract with All Star Talent and authori zing the City Manager to enter into a Professional Services Agreement and sign the one-year contract with All Star Talent, for the manage ment of the Police Department's online recruitment and marketing campaign, and di spensing with bidding requirements as specified in Campbell Municipal Code Section 3.20.030(4). The motion was adopted by the following roll call vote :
RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Furtado
AYES: Bybee, Landr y, Furtado, Lopez, Scozzo la
UNFINISHED BUSINESS
15. Award and Approve a Construction Contract with Lathrop Construction Associates, Inc. for the Measure O – Campbell Library Renovations Project (No. 23-SS) (Resolution/Roll Call Vote)
Recommended Action: T hat the City Council adop t a resolution to: 1) award the construction contract for the Measure O - Campbell Library Ren ovations Project (No. 23-SS) to the lowest responsible bidder, Lathrop Construction Associates, Inc.; 2) approve the construction contrac t in the amount of $18,18 9,000, plus a 10% construction contingency of $1,818,900; 3) authorize the City Manager to exe cute said agreement as specified in Campbell Municipal Code Section
3.20.100; and 4) authorize the City Engineer to negotiate and execute contract change orders u p to and within the allocated construction contingency.
Public Works Director Capurso presented a staff report dated September 19, 2023.
Following Council ques tions , M ayor Bybee asked if anyone from the public wished to spea k.
Santa Clara County Librari an J enni fer Weeks expres sed her appreciation to staff and the City Council and stated how excited she was that the project construction would begin soon.
The City Council expressed their appreciation to S taff and voiced their support of the project.
Vi ce Mayor Landry thanked the Friends of the L ibrary for their support.
Minutes of September 19, 2023 City Council Meeting Page 11 After discus sion, M/S: Landry/Scozzola – That the City Council a dopt Resolution 13057 to award the construction contract for the Measure O - Campbell Library Ren ovations Project (No. 2 3-SS) to the lowest responsible bidder, Lathrop Construction Associates, Inc.; approve the construction contrac t in the amount of $18,189,000, plus a 10% construction contingency of $1,818,900; authorize the City Manager to exe cute said agreement as specif ied in Campbell Municipal Code Section
3.20.100; and authorize the City Engineer to negotiate and execute contract change orders up to and within the allocated construction contingency.
The motion was adopted by the follo wing ro ll call vote :
RESULT: ADOPTE D [UNANIMOUS]
MOVER: La ndry
SECONDER: Scozzola
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
COUNCIL COMMITTEE REPORTS
16. Council Committee Reports
Recommende d Action: That the City Council report on activities from their committee assignments.
Council member Furtado att ended the Emergency Operational Area Counci l meeting; attende d the West Valley Clean Water JPA ; attended the Camp bell Police Department (CPD) O p e n H o u s e event with Vice Mayor Landry ; attended the CPD event at Edith Morley Park.
Vice Mayo r Landry took a tour of the Santa Clara Valley Water District County Water Commiss ion Water Puri fication facility throug h; attended the E conomic Development Sub committee meeting with Councilmember Lopez ; attended the 9/11 Day of Remembrance event hosted by Senator Dave Cortese ; spoke at the State of the City; attended the City of Campbell Health Fair ; attended the Campbell Police Department Open House event with Councilmember Furtado; and will be attending Senator Becker ’s District Office Open House event o n F riday September 22.
Coun cilmember Lopez attended the Bay Area Quality Management Dirst Board of Directo rs meeting; attended the Sant a Clara Valley Transportation Authority Board of Directors meeting; and attended a meeting of the Campbell Ministerial g roup and noted their upcoming multi -cultural Thanksgiving service tentatively scheduled for November 1 9, 2023.
Counci lmember Scozzola attended a meeting of Silicon Valley Clean En ergy; attended the Santa Clara Valley Transportation Authori ty Policy Adviso ry Board meeting ; and attended the Campbell Historical M useum and Ai nsley House Foundation meeting.
ADJOURN
Mayor Bybee adjou rned the meeting at 9:29 p.m.
Minutes of September 19, 2023 City Council Meeting Page 12 APPROVED :
ATTEST:
Anne Bybee, Mayor
Andrea Sanders, City Clerk