CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California
REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, October 17, 2023 7:30 p.m.
City Hall Council Chamber – 70 N. First Street
This City Council meeting was duly noticed purs uant 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.campbellca.gov/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
Dan Fur tado Councilmember Present
Sergio Lopez Councilmember Present
Elliot Scozzola Councilmember Present
PLEDGE OF ALLEGIANCE
The P ledge of Allegiance was led by Ass e mblymember Mar c Berman in recogni tion of his donation to the C ity of Cam pbell.
Mayor By bee presented Assemblymember Berman with a C ertificate of A ppreciation for leading the Pledge of Allegiance.
SPECIAL PRESENTATIONS AND PROCLAMATIONS
1. Presentation of State ADA Funding
Recommended Action: Accept presentation from Assemblymember Marc Berman's Office regardin g funding from the State of California for City Hall ADA improvements.
Mayor Bybee inv ited Assemblymember Berman up to the podium and provided her thanks on behalf of the City Council for his leadership and assisting the City in securing grant funding for City Hall ADA improvements.
Assemblymember Berman presented a check to the City of Campbell in the amount of $500,000 to make needed structural changes to City Hall, including Minutes of October 17, 2023 City Council Meeting Page 2 public meeting spaces and front counters. Assemblymember Berman noted the great partnership with the City and its residents. He stated to obtain information on the Office of Assemblymember Berman, to please visit their website.
Assemblymember Ber m an recognized his Field Representative, Pablo Velasquez and highlighted his upcoming Community Coffee event in Cam pbell, also hosted by Mayor Bybee to provide an opportunity for constituents to hear about what the legislature has accomplished during the Legislative Session.
Councilmembers provided their thanks and appreciation for the funding and partnership.
COMMUNICATIONS AND PETITIONS
There were no communications and petitions.
ORAL REQUESTS
Jim Fre e , Campbell Veterans Memorial Foundation President, announced the Foundation will be holding their annual fundraising dinner event on November 17, 2023 at Villa Ragusa. Funds raised will help to support West Valley Community College scholarship program for returning veterans. Keynote speaker will be Command Sergent Major Patrick M cKie .
Jiatian Wu , Campbell resident, stated concerns with not being able to sub-divide the home he recently purchased . The home is located in the PD (Planned Development) zone but the land use is for single-family residential and does not qualify for SB9 allowances.
Mayor Bybee request ed staff follow-up with Mr. W u .
COUNCIL ANNOUNCEMENTS
The City Clerk ’s office is accepting applications for the Bicycle and Pedestrian Advisory Committ ee and Historic Preservations Board. 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 c ampbellca.gov .
Come out with your family and friends for the 28 th annual Oktoberfest from 10 :00 am to 6 :00 pm on Saturday, October 21 and Sunday, October 22 . There will be a Beer Garden filled with top notch German beers, mouthwatering authentic Germa n food and music, and the downtown area will be lively with 100+ arts and craft booths.
There is still time to participate in the 16 th annual Oktoberfest 5K and 10K Fun Run at 9 :00 am on Saturday, October 21 at Campbell Park. For more information, plea se visit campbellca.gov .
Free Youth Heart Screening at the Campbell Community Center, Orchard City Banquet Hall from 9 :00 am to 4 :pm o n Saturday, October 28 . For additional information, please visit campbellca.gov .
Minutes of October 17, 2023 City Council Meeting Page 3 Bring your two and four legged little ghouls, goblins and superheroes to the Creepy Crawly Halloween event for some goo d fun and trick or treating on Sunday, October 29 from 4-6pm in Downtown Campbell.
CONSENT CAL ENDAR
Mayor Bybee asked if anyone wished to remove an item from the Consent Calendar.
The Consent Calendar was considered as follows:
2. Minutes of City Council Executive S es sion Meeting of September 19, 2023 Recommended Action : Approve the executive session meeting minutes of September 19, 2023 .
This action approves the executive session meeting minutes of September 19, 2023.
3. Minutes of City Council Study Session Meeting of October 3, 2023 Recommended Action : Approve the study session meeting mi nutes of October 3, 2023 .
This action approves the study session meeting m inutes of October 3, 2023.
4. Minutes of City Council Regular Meeting of October 3, 2023 Recommended Action : Approve the regular meeting minutes of October 3, 2023 .
This a ct ion app roves the regular meeting minutes of October 3, 2023.
5. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $5,843,122.68 .
This action approves the bills and claims in the amount of $5,843,122.68, as follows: bil ls and claims c hecks dated September 18, 2023, in the amount of $760,540.11; bills and claims checks dated September 25, 2023, in the amo unt of $5,011,826.43; and payroll check s dated Septemb er 28, 2023, in the amount of $70,792.14.
6. Resolution Accepting Updates on the Remaining Emergency Gas Lin e Repairs at th e Campbell Community Center and Authorizing Subsequent Repairs Per the Executed Contract Services Agreement with Burr Plumbing and in Accordance with California State Public Con tracts Code (PCC) Sections 20168 and 22050 (Resolution/ Roll Cal l Vote)
Recomm ended Action: That the City Council adopt a resolution: 1) accepting updates on the progress of remaining emergency gas line repairs at the Campbell Community Ce nt er; and 2) aut horizing subsequent repairs per the executed contract services a greement with B urr Plumbing and in accordance with California State Public Contracts Code (PCC) Sections 20168 and 22050 which allow for the dispensation of formal bidding procedures when publ ic interest and necessity demand the immediate expenditure of pu blic money to s afeguard life, health, or property in the event of an emergency, and require the governing body to review the associated emergency action at every regularly sche du led meeting th ereafter, until the action is terminated, to determine, by a 4/5 vote, that the re is a need to continue the action.
Minutes of October 17, 2023 City Council Meeting Page 4 Resolution 13063 accept s updates on the progress of remaining emergency gas line repairs at the Campbell Community Center; and aut horiz es subsequent repairs per the executed contract services a greement with B urr Plumbing and in accordance with California State Public Contracts Code (PCC) Sections 20168 and 22050 .
7. Resolution Approving and Awarding a Contract with Brightview Tr ee Care Services, Inc., in an Amount Not to Exceed $150,000, to Provide Tr ee Maintenance Services for a Period of Up to One (1) Year, with Options for th e City to Renew Up to Four (4) Additional One (1) Year Service Contracts, for a Total of Up to Five (5) Years; and Authorizing the City Manager to Execute Said Agreement as Spec ified in Campbell Municipal Code Section
3.20 .100 (Resolution/Roll Call Vote)
Recommended Action: That the City Co uncil adopt a resolution: 1) approving and awarding a contract wi th Brightview Tree Care Services, Inc., in an amount not to exceed $150,000, to provide tree maintenance services for a p eriod of up to one (1) year, with options for the City to renew up to four (4) additional one (1) year service contracts, for a total of up to five (5) years, and as specified in Campbell Municipal Code (CMC) Se ction 3.20.030(6) which allows the City to pr ocure these services based on the results of a competitive bid process conducted by the Town of Los Gatos and their subsequent award of c ontract to Brightview on June 20, 2023; and 2) authorizing the City Manage r to execute said agreement as specified in C ampbell Municipal Code Section 3.2 0.100.
R esolution 13064 approv es and award s a contract with Brightview Tree Care Services, Inc., in an amount not to exceed $150,000, to provide tree maintenance services for a p eriod of up to one (1) year, with options for the City to renew up to four (4) additional one (1) year service contracts, for a total of up to five (5) years, and as specified in C ampbell Municipal Code (CMC) Se ction
3.20.030(6) which allows the City to pr ocure these services based on the results of a competitive bid process conducted by the Town of Los Gatos and their subse quent award of contract to Brightview on June 20, 2023; and authoriz es the City Manage r to execute said agreement as specified in C ampbell Municipal Code Section 3.2 0.100.
8. Acceptance of Donations from the Campbell Police Foundation (Resolution/Roll Call Vote)
Recommended Action: It is recommended that the Ci ty Council adopt a resolution to accept donations in the aggregate amount of $17,459.24 from the Campbell Po lice Foundation for a therapy dog, equipment, and support for the Campbell Police Department.
Resol ution 13065 accept s donations in the aggregate amount of $17,459.24 from the Campbell Po lice Foundation for a therapy dog, equipment, and support for the Campbell Police Department.
9. Fiscal Year 2023 Year-End Fiscal Update (Resolution/Roll Call Vote) Recommended Action: It is recommended that the Cit y Coun cil receive an update on un-audite d Fiscal Year (FY) 2023 year-end General Fund actual Minutes of October 17, 2023 City Council Meeting Page 5 revenues and expenditures and adopt a Resolution authorizing year-end correcting Budget Adjustments.
Resolution 13066 authorizes year-end correcting Budget Adjustments.
M/S: Landry/Lopez - That the C ity Counc il approve the C onsent C alen dar .
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 A ND IN TRODUCTION OF ORDINANCES
There are no public hearings and intr oduction of ordinances.
NEW BUSINESS
10. Ame ndment to the Classification and S alary Plan – Plan Check Examiner (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution amending the Classification and Salary Plan to add a n ew classification and corresponding salary ra nge for a Plan Check Examiner and approving a corresponding budget adjustment.
Assist ant City Manager G aeta presented a staff report dated O ct ober 17, 2023.
Following Council questions, M ayor Bybee asked if anyone fr om the public wished to speak. There were no public speakers.
After disc ussion, M/S: Landry/Scozzola – That the City Council adopt Resolution 13067 amending the Classification and Salary Plan to add a n ew classification and corresponding salary ra nge for a Plan Check Examiner and approving a corresponding budget adjustment. The motion was adopted by the following roll call vot e:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Sco zzola
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
1 1. Resolution Authorizi ng the Issuance of a Request for Qualificatio ns (RFQ) for Operation and Managem ent of the Campbell Heritage Theatre and Authorizing the City Manager to Negotiate Services Agreement (Resolution/Roll Call Vote)
Recommended Action: That the City Council adop t a Resolution authorizing issuance of a Requ est for Qualifications (RFQ) for O peration and Management of the Campbell Herit age Theatre and authorizing the City Manager to negotiat e a Services Agreement with the most qualified firm.
Minutes of October 17, 2023 City Council Meeting Page 6 Recreation and Community Services D irector Bissell presented a staf f report dated October 17, 2023.
Following Council questions, M ayor Bybee asked if anyone fr om the public wished to speak. There were no public speakers.
After disc ussion, M/S: Sc ozzola/Furtado - That the City Council adop t Resolution 13068 authorizing issuance of a Requ est for Qualifications (RFQ) for O peration and Management of the Campbell Herit age Theatre and authorizing the City Man ager to negotiate a Services Agreement with the most qualified firm. The motion was adopted b y the following roll call vot e:
RESULT: ADOPTED [UNANI MOUS]
MOVER: Scozzola
SECONDER: Furtado
AYES: Bybee, Landry, Furtado, Lopez, Sc ozzola
12. Acceptance of an Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant (Resolution/Roll Call Vote) Recommended Action: That the City Coun cil adopt a resolution approving an agreement setting forth terms under which the City of Campbell accepts the 2024 Selectiv e Traffic Enforcement Program Grant from the State of California - Office of Traffic Safety, authorizing the City Manager to execute the agreement, and approving a budget adjust ment to recognize the grant revenu e and corresponding grant related expenditures.
Police Captain Livingston presented a sta ff report dated October 17, 2023.
Following Council questions, M ayor Bybee asked if anyone fr om the public wished to speak. There were no public speakers.
After disc ussion, M /S: Lopez/Scozzola – That the City Council adopt Resolution 1 3069 approving an agreement setting forth terms under which the City of Campbell accepts the 2024 Selectiv e Traffic Enforcement Program Grant from the State of California - Office of Traffic Safety, authorizing the City Manager to execute the agreement, and approving a budget adjust ment to recognize the grant revenu e and corresponding grant related expenditures. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Lopez
SECONDER: Scozzola
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
13. Review and Provide Feedback on the Development of New Housing O verlay Zoning Districts and Relate d Amendments to the Campbell Municipal Code a nd Zoning Map.
Minutes of October 17, 2023 City Council Meeting Page 7 Recommended Action: That the City Council receive the report and provide feedback on the development of three new Ho using Overlay zoning districts and related am endments to the Campbell Municipal Code and Zoning Map.
Community Development Director Eastwood provided an introduction of the item.
Senior Planner Rose presented P art 1 of the staff report dated October 17, 2023.
He asked the Council to provide feedback on key considerations as follows: (1) should the Affordable Housing Overlay Zone (AHOZ) be designed to compete or compliment the State Density Bonus Law; (2) w hat tradeoffs and incentives should be used; and (3) where should the AHOZ apply.
In response to Councilmember questions, Senior Planner Rose stated, staff will return to Council and provide developer feedback .
Followin g Council questions Mayor By bee asked if any one from the public wished to speak . There were no public comments .
In response to Part 1 , Councilmembe r Lopez expressed interest in hearing developer feedback before deciding on competing with or complimenting State Bonus Law . Councilmember Lopez was supportive of having as many affordable units as possible but was not comfortable with having less de sirable locations for affordable units. He stated some concerns with the undergrounding of ut ilities and was interested in hearing alternative way s to address it . He was generally supportive of the staff recommendation in having the AHO Z app ly city-wide and suggested a potential tiered approach.
In response to Part 1 Vice Mayor Landry also stated support in hearing developer feedback before deciding on competing or complimenting State Bonus Law. She was not supportive of any further parking reductions ; and stated budgetary concerns with reduced fees and underground ing of utilities. She stated general support to apply city-wide but suggested incentives in the Prune yard to Southwest E xpressway C orridor to encourage a higher density.
In response to Part 1 Councilmember Furtado, stated support for the undergrounding of utilities as an incentive. He would like to see a more uniform policy thereof .
In response to Part 1 , Councilmember Scozzola requested additional feedback from developers and from the publi c. He requested further in formation if developers and residents would be open to removing the 75ft building height restriction.
In response to Part 1, Mayor Bybee stated preference for a program that compliments the incentives as that could provide greater flexibility in reaching the ultimate goal of more affordable housing. She stated concerns with the utility undergrounding and suggested some type of fee waiver to accommodate smaller developers. Mayor Bybee agreed with Councilmember Lopez regarding the location of BMR units. She noted the importance of keeping the Adjacency Standards where possible.
Minutes of October 17, 2023 City Council Meeting Page 8 Senior Planner Rose presented Part 2 of the staff report related to the Re use Overlay and Part 3, addressing the By-Right Housing Overlay . Three options were presented with the staff recommendation laying with option 3 : Protect Mixed-Use requirements.
There was a general consensus of the City Council to support option 3.
Councilmember Furtad o stated concerns with th e emphasis on protecting mixed- use a nd preferred option 2.
C OUNCIL COMMITTEE REPORTS
14. Council Committee Reports
Recommended Action: That the City Council report on activities from their committee assignments.
Vice Mayor Landry attended the San ta Clara Count y Library District Finance Committee meeting; the Vi rginia P ar k Dedication event ; in the Mayors absence, atten ded the Solida rity for Isra el event at the Jewish Comm unity Center; and attended a Women in Construction event.
Councilmember Lopez attended the Vi rginia Park Dedication; the Solida rity for Isra el event ; attended the 50 th Anni versary Celebration of Wesley Manor; attended the Santa Clar a Valley Transportation Authority Board of Directors meeting , and noted an upcoming workshop to be held Friday, October 20 at 9:00 a.m. at V TA headquarters an d virtual ly; a ttended meetings of the Ba y Area Bay Area Quality Management District Board of Directors ; attended Asse mbly member Ash Kalra ’s V eggie F est in San Jose; helped organize the Lague of California Cities Peninsula Division event on mental health ; and attended the Campbell Interfaith Ministerial Association meeting.
Councilmember Scozzola attended the Vi rgini a Park Dedication and the Silicon Valley Clean Energy Board of D irectors st ud y sessio n.
Mayor Bybee attended the Friends of the Herita ge Theatre meeting; the C ities Association of Sa nta Clar a County meetin g; the Vi rginia Park D ed ication and the 50 th Anni versary Celebration of Affordable Housing at Wesley Manor with Councilmembers Furtado and Lopez , and w as prese nted with a Certificate of Recognition for support and service to the residents of Wesley Manor.
ADJOURN
M ayor Bybee adjou rned the meeting at 9:14 p.m.
APPROVED :
ATTEST:
Anne Bybee, Mayor
Minutes of October 17, 2023 City Council Meeting Page 9 Andrea Sanders, City Clerk