CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California
REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, October 3, 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.c ampbellca.gov /agendacenter .
CALL TO ORDER
The City Co uncil 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 Remote
Dan F urtad o Councilmember Present
Sergio Lopez Councilmember Present
Elliot Scozzola Councilmember Present
PLEDGE OF ALLEGIANCE
The Ple dge of Allegiance was led by Shirley Loffer in recognition of her service as the City of Campbell Sourcewise Advisory Council re presentative.
Mayor Byb ee presented Ms. Loffer with a Certificate of Appreciation for leading the Pledge of Allegiance.
SPECIAL PRESENTATIONS AND PROCLAMATIONS
1 . Proclamation Declaring the Month of October as “ National Breast Cancer Awareness Month ” in t he C ity of Campbell
Recommended Act ion: It is recommended that the City Council proclaim the month of October as “National Breast Cancer Awareness Month ” in the City of Campbell.
Mayor B ybee issued the American Cancer Socie ty a Proclamation and proclaime d th e mont h of O ctober as “National Breast Cancer Awareness Month ” in the City of Campbell.
Minutes of October 3 , 2023 City Council Meeting Pa ge 2 2 . Recognize Shirley Loffer for Serving Two Terms (Six Years) as the Sourcewise Advisory Council Representative for the City of Campbell Recommended Action: That the C ity Council recognize Shirley Loffer for serving two terms (six years) as the Sourcewise Advisory Council Representative for the City of Campbell.
Senior Services Supervisor Tina Wong-Erling introduced Sourcewise Advisory Council representative and th anke d her for your service.
The City Council thanked Ms. Loffer for her leadership and contribution to the community.
Mayor Bybee presented Shirley Loffer a Certificate of Appreciation for serving two terms (six years) as the Sourcewise Advisory Counc il R epresentative for the City of Campbell.
Ms. Loffer thanked the City Council, Ci vic Improvement Commission and staff , stating how it has been an honor to serv e the community and a won derful experience.
3 . 2023-2024 Campbell Youth Commission Introducti on
Recommended Action: Receive the Campbell Youth Commission presentation.
Recreation Coordinator and Youth Commission sta ff liaison , G racey Ferrel introduced the item .
You th Comm ission Chair , Ch loe Olive ira introduced the 2023-2024 C ampbell Youth Comm issi o ners.
Youth Commissioners Vineet Rao and A yaan Ra za presen ted the Commission ’s workplan items. They noted that the Commission would re turn at mi d-year to pro vide updates on their items.
Councilmembers thanked the Commission for taking the time to de velo p these important goals and workplans.
Council m ember Lopez requested that staf f look at fu ture opportunities for the Youth Commission to col laborate with the Council.
4 . SVCE Electric Showcase Award Presentation
Recommended Action: Accept Presentati on from Silicon Valley Clean Energy Awarding Judy W a ng, A Campbell Resident, the 2023 Electric Showca se Award for Her Efforts to Reduce Greenhouse Gas Emissions.
Mayor Bybee opened the item and asked Counci lmember Scozzola and Silicon Valley Clean Energy Boar d of Director s member to introduce the item.
Councilmember Scozzola introduced Pam e la Leonard of Silicon Valley Clean Energy (SVCE) to speak about the SVCE E lectric Showc ase Award presentation.
Minutes of October 3 , 2023 City Council Meeting Pa ge 3 Pamela Leonar d, SVCE Deputy Director of Marketing and C ommu nications spoke of the Elec tric Showcase Awards to recognize people in the community who are leading the way in electrifying their buildings. O f the 16 winners was Judy Wang, a Campbell resident who upgraded to a heat pump water heater, an electric veh icle and has rooftop solar.
The City Council congrat ulated Jud y W an g on the recognition and thanked SVCE for their presentation.
COMMUNICATIONS AND PETITIONS
There are no communications and p etit ions.
ORAL REQUESTS
Rich Culbertson spok e in fa vor of the M easure O Police and Li brary pro ject s and was looking forward to when th e full service Campbell library will be available again. He requested the City website be updated with new information pertaining to Measure O.
COUNCIL ANNOUNCEMENTS
October is National Domestic Violence Awareness Month. October was first declared as National Domestic Violence Awareness Month in 1989. Since then , October has been a time to acknowledge domestic violence survivors and raise awareness .
Domestic violence is prevalent in every community and affects all people. If you , or a loved one , are experiencing domestic violence and need assistance, call Safe Chat Silicon Valley at (408) 279-2962 .
Portions of Santa Clara County have been placed under quarantine for the Oriental Fru it Fly following the detection of multiple flies in Santa Clara and surrounding counties.
Detections in the cities of Santa Clara County have resulted in a qua rantine zone covering 112 square miles which in include some areas in Campbell. To find out more about this pest, and quarantine boundaries, please visit cdfa.ca.gov .
The City Clerk ’s office is accepting applications for two positions in the Bicycle and Pedestrian Advisory Committee. These are full term appointments expiring August 2028. To find out more about this Committee, or to apply, please contact the City Clerk ’s office at (408) 866-2117 or visit the city ’s website at campbellca.gov .
Th e Heritage Theatre will kick off their first show this season with Queen of the Night:
Remembering Whitn ey. A tribute to Whitney Houston starring Trina Johnson Finn. The concert will be on Saturday, October 7 at 8 :00 pm in the Heritage Theatre. Tickets can be purchased at heritagetheatre.org .
Assemblymember Marc Berman is hosting a vi rtual Youth Tow n Hall event on Saturday, October 14 from 12 :00 to 1:30 pm. This event is open to all teens and young adults who want to engage with their elected official. To find out more, call (650)324-0224.
Minutes of October 3 , 2023 City Council Meeting Pa ge 4 The City of Campbell will host its Annual Citywide Garage Sal e on Saturday, October 14 from 8 :00 am to 4 :00 pm . For sale and map locations, please visit the city ’s website at cambellca.gov .
Come out with your family and friends for the 28 th annual Oktoberfest on Sa turday, October 21 and Sunday, October 22 from 10:00am to 6 :00 pm . The re will be a B eer Garden filled with top notch German beers, mouthwatering authentic German food and music , and 1 00+ arts and craft booths in the downtown area.
There is still time to participate in the 16 th annual Oktoberfest 5K and 10K Fun Run at Campbell Park on Saturday, October 21 at 9 :00 am . For more information, please visit campbellca.gov .
Free Youth Heart Screening at the Campbell Community Center , Orchard City Banquet Hall on Saturday, October 28 from 9 :00 am to 4 :00 pm . For additional information, please visit campbellca.gov .
CONSENT CALENDAR
Mayor Bybee asked if anyone wished to rem ove an item from the Consent Calendar.
The Consent Calendar was considered as follows:
5 . Minutes of City Council Regular Meeting of September 19, 2023 Recommended Action : Approve the regular meetin g minutes of September 19, 2023 .
This action approves the regular meeting minutes of Se ptember 19, 2023. 6 . Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $1,091,152.85.
T his action approves the bills and claims in the amount of $1,091 ,152.85, as follo ws: bills and claims checks d ated September 4, 2023, in the amount of $845,499.77; bills and claims checks dated September 11, 2023, in the amount of $212,18 9.8 2 ; and payroll checks dated September 14, 2023, in the a mount of 33,463.2 6.
7 . Monthly Investment Transacti ons Report (August 2023) Recommended Action: That the City Council review and ac cept the Monthly Investment Tra nsactions Report for August 2023.
This action reviews and accepts the Monthly Investment Transactions Report for A ugust 2023.
8 . Monthly Treasu rer's Report (August 2023)
Recommended Action: That the City Council review and accept the Monthly Treasurer ’s Report for the month ended August 31, 2023.
Minutes of October 3 , 2023 City Council Meeting Pa ge 5 This action reviews and accepts the Monthly Treasurer ’s Report for the month ended August 31, 2023.
9 . Second Reading of Ordinance 2297 to Approve a City-Initiated Text Amendment to the Campbell Municipal Code by Adding Chapter 11.13 for Wireless Communication Facilities in the Public Right-Of-Way (Other Than Small Cell Wireless Facilities); and Second Reading of Ordinan ce 2298 Amending Chapter 11.14 of the Campbell Municipal Code for Small Cell Wireless Facilities in the Public Right-Of-Way (Ordinances/Roll Call Vote) Recommended Action: That the City Council approve the second readings and adopt Ordin ance 2297 adding C hapter 11.13 to the Campbell Mu nicipal Code for Wireless Communication Facilities in the Public Right-of-Way (Other Than Small Cell Wireless Facilities); and adopt Ordinance 2298 amending Chapter 11.14 of the Campbell Municipal Code for Small Cell Wireles s Facilities in the Public Righ t-of-Way.
Ordinance 2297 add s C hapter 11.13 to the Campbell Mu nicipal Code for Wireless Communication Facilities in the Public Right-of-Way . (Other Than Small Cell Wireless Facilities)
Ord inanc e 229 8 amend s Chapter 11.14 of the Campbell Municipal Code for Small Cell Wireles s Facilities in the Public Righ t-of-Way. 1 0 . Resolution Accepting Updates on the Remaining Emergency Gas Line Repairs at the Campbell Community Center and Authorizing Subsequent Repairs P er the Executed Contract Services Agreement with Burr Plumbing and in Accordance with California Sta te Public Contracts Code (PCC) Sections 20168 and 22050 (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution: 1) accept ing updates on the progress of remaining emergency gas line repairs a t the Campbell Community Center ; and 2) authorizing subsequent repairs per the executed contract services agreement with Burr Plumbing and in accordance with California State Public Contr acts Code (PCC) Sections 20168 and 22050 which allow for the dispensa tion of formal bidding procedur es when public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property in the event of an emergency, and require the governing body to review the associated emergency act ion at every regularly schedule d meeting thereafter, until the action is terminated, to determine, by a 4/5 vote, that there is a need to continue the action.
Resolution 1305 8 accept s up dates on the progress of remaining emergency gas line repairs a t the Campbell Community Center ; and authoriz es subsequent repairs per the executed contract services agreement with Burr Plumbing and in accordance with California State Public Contracts Code (PCC) Sections 20168 and 22050 .
1 1 . Accept Improvements for the Campbell Park Improvements Project No. 17- DD and File Notice of C ompletion
Minutes of October 3 , 2023 City Council Meeting Pa ge 6 Recommended Action: That the City Council adopt a resolution accepting the improvements for the Campbell Park Improv ements Project No. 17-DD; directing the City Engineer to file the Notice of Completion; and authorizing the Finance Director to p erform a budget adjustment.
Resolution 13059 accept s the improvements for the Campbell Park Improvements Project No. 17-DD; di rect s the City Engineer to file the Notice of Completion; and authorizes the Finance Director to p erform a budget adjustment.
M/S: Landry/Lopez - That the C ity Counc il approve the C onsent C alendar .
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 U BLIC HEARINGS AND INTRODUCTION OF ORDINANCES
May or By bee ask ed if anyon e had any disclosures to ma ke in regard to the Public Hearing Items .
Vice Mayor Landry disclosed that she had met with the p roject si te representatives.
Councilmember Lopez disclosed that he had met with the design te am. 1 2 . Public Hearing to Consider an Appeal of the Planning Commission ’s Denial of a Conditional Use Permit wit h Site and Architectural Review to Allow Reconstruction of a Shell Gasol ine Service Station with an Exp anded Convenience Store Including Off-Site Alcohol Beverage Sales, a Drive- Through Carwash, and 24-Hour Operational Hours; and a Tree Removal Permit Remo val of All On-Site Trees, for Property Located at 570 E.
Hamilton Avenue . File No.: PLN-2022-44 (Resolu tion/Roll Call Vote) Recommended Action: That the City Council consider the request for continuance of the public hearing to a date certain of November 7, 2023.
This is the time and place for a publi c hearing to consider an a ppeal of the Planning Commission ’s d enial of a Conditional Use Permit with Site and Architectural Review to a llow reconstruction of a Shell Gasol ine Service Station with an e xp anded c onvenience s tore in cluding o ff- s ite a lcohol b everage s ales, a d rive- through c arwash, and 24- h our o perational h ours; and a Tree Removal Permit Removal of a ll o n- s ite trees, for p roperty located at 570 E. Hamilton Avenue .
Community De velopment Director Ea stwood noted that a request for cont inuance until November 7, 2023 , was received by the applicant .
Mayor Bybee opened the public hearing and asked if anyone wished to speak.
Minutes of October 3 , 2023 City Council Meeting Pa ge 7 There were no public speakers.
The Council discussed c on tinuing the it em or h ear ing the appeal .
A fter discussion, M/S: Furta do/Landry - That the City Council approve the request for continuance of the public hearing to a date certain of November 7, 2023. The motion was ado pted by the following roll call vote:
RESULT: ADOPTED [UNANI MOUS]
MOVER: Furtado
SECONDER: Landry
AYES: Bybee, Landry, Furtado, L opez, Scozzola
NEW BUSINESS
1 3 . 2023 Oktoberfest Special Event Permit and Fee Waiver Request (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution appr oving the Campbell Chamber of Commerce ’s application for a Downtown S pecial Event Permit for their 2023 Oktoberfest event; and, consider a resolution approving the Campbell Chamber of Commerce ’s request to approve a fee waiver with a not to exceed permit f ee of $35,000.
Assistant City Manager Gaeta presented a staff report d ated October 3, 2023.
Following Council questions , M ayor By bee asked if anyone wi shed to s peak on this item.
Terr y Hines, Campbell resident and business owner , spoke in support of the Campbell Chamber of an d asked the C ouncil to approve their fee waiver request of a not exceed permit fee of $35,000 .
Ken Joh nson , Executive Director of the Campbell Chamber of Commerce , stated that in re cent years the Chambers ’ event permit fees have nearl y tripled. He noted that these events bring a lot o f people to the do wntown area and aske d the City Council to approve the fee waiver request of a not exceed permit fee of $35,000 for the 2023 Oktoberfest event.
A majority of the Council st ated s upport for the Cha mber ’s fee waiver request.
Councilmembers disc ussed having a future item to review the Special Events Policy and future Chamber special events.
After discussion, M/S: Lopez/Scozzola – That the City Council adopt R esolution 13060 approvi ng the Campbell Chamber of Commerce ’s application for a Downtown S pecial Event Permit for their 2023 Oktoberfest event . The motion was adopted by the following roll call vote :
RESULT: ADOPTED [UNANIMOUS]
MOVER: Lopez
Minutes of October 3 , 2023 City Council Meeting Pa ge 8 SECONDER: Scozzola
AYES: Bybee, Landr y, Furtado, L opez, Scozzola
M/S: Lopez /S cozzola – That the City Council adopt Resolu tion 13061 approving the Campbell Chamber of Commerce ’s request to approve a fee waiver with a not to exceed permit fee of $35,000. The motion was adopted by the following roll call vot e :
RESULT: ADOPTED [4 TO 1]
MOVER: Lopez
SECONDER: Scozz ola
AYES: Landry, Furtado, Lopez, Scozzola
NAYS: Bybee
1 4 . Water Tower Lighting Policy Updates (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a Resolution updating the Water Tower Lighting Polic y to add Indigenous Peoples' Day to the same day the City lights the Water Tower to recognize the Columbus Day Holiday; and, provide direction to staff regarding the color theme in observance of both.
Assistant City Manager Gaeta presented a staff report dated O ctober 3, 2023.
Following Council questions, M ayor Bybee asked if anyone fr om the public wished to speak. There were no public speakers.
Councilmember Scozzola stated support for adding Indigenous Peoples ’ Day and re moving the C o lumbus Day H oliday.
Councilmember Furtado suggested rec ognizing both holidays. He also sugges ted lighting the Water Tower brown to represent Earth , and blue to represent the sky for Indigenous Peoples ’ Day.
Vice Mayor Landry sugg ested rec og nizing both Columbus Day a nd Indigenous Peoples ’ D a y on separate dates. In addition to brown and blue, Vice Mayor Landry suggested adding green to rep resent nature as one of the colors to light the Water Tower in recog nition of Indigenous P eople s ’ Day.
Councilmember Lope z stated support for adding Indigenous Peoples ’ Day . While he re cognized the s ymbolism of the h oliday , he recommended re moving the C o lumbus Day H oliday from the Water Tower Lighting sch edule.
Mayor Bybee stated support for rec ognizing both Columbus Day and Ind igenous Peoples ’ Day since they are both recognized at a Federal level.
The Council discussed an appropriate date to the light the Water Tower in recognition of Indigenous Peoples ’ Day.
Minutes of October 3 , 2023 City Council Meeting Pa ge 9 After d iscussion , Councilmember S cozzola m ade a motion to updat e the Water Tower Lighting Polic y to remove Columbus Day , recognize Indigenous Peoples ’ Day and light the Water Tower in brown, blue and g reen , rep resenting Earth, sky and nature.
Councilmember Lopez made a friendly amendme nt , to light the Water Tower on a date s pecified by the State of California ’s guidelines .
Councilmember Scozzola accepted the friendly amendment.
The mo tion was a s follows : M/S: Scozzola/Lopez - That the City Council adopt R esolution 13062 updat ing the Water Tower Lighting Polic y to remove Columbus Day , recognize Indigenous Peoples ’ Day on a date s pecified by the State of California ’s guidelines and light the Water Tower in brown, blue and g reen , rep resenting Earth, sky and nature. The motion was adopte d by the foll owing roll call vote :
RESULT: ADOPTED [4 TO 1 ]
MOVER: Scozzola
SECONDER: Lop ez
AYES: Landry, Furtado, Lopez, Scozzola
NAYS: Bybee
UNFINISHED BUSINESS
1 5 . Legislative Advocacy Principles Update
Recommended Action: Approval of Updates to the L egislative Advocacy Princip les Policy as recommended by th e Legislative Subcommittee.
Assistant City Manager Gaeta pres ented a staff report dated O ctober 3, 2023.
Following Council questions, M ayor Bybee asked if anyone fr om the public wished to speak. Th ere were no public speakers.
Le gislative Subcommittee members , Mayor By bee and Council member Lopez stated support for the updates noting that the ba sis of the current changes were to allow for more flexibility an d incorporate feedback from not only the S ubcommittee but prio r and current Council members.
A fter d iscussion, M/S: Lopez/Landry – That the City Council approve the updates to the Legislative Ad vocacy Principles Policy as recommended by the Legislative Subcommittee. The motion was adopted by the following roll call vote:
R ES ULT: ADOPTED [UNANIMOUS]
MOVE R: L opez
SECONDER: L andry
Minutes of October 3 , 2023 City Council Meeting Pa ge 10 AYE S: Bybee, Landry, Furtado, Lopez, Scozzola
COUNCIL COMMITTEE REPORTS
1 6 . Council Committee Reports
R ecommended Action: That the Cit y Council report on activities from their committee assignments.
Councilmember Furtado attended the Lea gue of California Cities 2023 Annual Conferenc e in Sacramento; and attended a workshop sponso red by the Silic on Valley Regional Interoperability A uthority ’s Board of Directors and Working Committee Workshop .
Council member Lopez attended the Silicon Valley Clean En ergy Finance and Audit Committee meeting; the Ba y Area Quality Management District , Board of Directors meeting , the Santa Cla ra V alley T ransportation A uthority Safety Security and Trans it Operations Committee meeting; the Open House and Ribb on Cutting Ceremon y for Senator Jose Becker with Mayor Bybee ; and the Lea gue of California C ities meeting where he was sworn in as Treasurer of the Le ague of CA Cities Peninsula Division ; and spoke of their upcoming lu ncheon event on O c tober 6 , 11:00 am to 1:00 p.m. in Mountain View to dis cuss the topic of mental health.
Mayor Bybee attended the Silicon V alle y Animal Control Au thority meeting , the W est V alley Mayors and Managers meeting with City Mana ger Loventhal; the Community Health Fair hosted by Assemblymember Marc Be rman a t Castlemont School.
ADJOURN
Mayor Bybee adjou rned the meeting at 9:11 PM
APPROVED :
ATTEST:
Anne Bybee, Mayor
Andrea Sanders, City Clerk