CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California
REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, November 7, 2023 7:30 p.m.
City Hall Council Chamber – 70 N. First Street
This City Council meeting was duly noticed pursuant to open meeting requirements of the Ralph M. Brown Act (G.C. Section 54956).
This meeting was recorded and can be viewed in its entirety at www.campbellca.gov/agendacenter .
CALL TO ORDER
The City Council of the City of Campbell convened 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 Furtado Councilmember Present
Sergio Lopez Councilmember Present
Elliot Scozzola Councilmember Present
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilmember Furtado.
SPECIAL PRESENTATIONS AND PROCLAMATIONS
There were no special presentations and proclamations.
COMMUNICATIONS AND PETITIONS
There were no communications and petitions.
ORAL REQUESTS
Tyler Haws , Civic Bell representative, s poke about Civic Bell a locally owned and operated civic engagement platform.
Minutes of November 7, 2023 City Council Meeting Page 2 Sean Mendelson , Campbell resident, s poke about Climate Action Plan and expressed his gratitude and excitement about the hiring of an Environmental Program Specialist , and requested further climate resilience with Building Reach codes .
COUNCIL ANNOUNCEMENTS
The City Clerk ’s office is accepting applications for the Bicycle and Pedestrian Advisory Committee 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 campbellca.gov .
Please join the City of Campbell and the Santa Clara County Library District for the Measure O Library Renovation Project Groundbreaking Ceremony at 10 :00 am on Friday, November 10 at 77 Harrison Avenue.
The Campbell Veterans Memorial Foundation will host its annual Veterans ’ Day ceremony at 9 :00 am on Saturday, November 11, on the Orchard Green located at City Hall. For more information, please visit campbellveteransmemorial.org .
You are cordially invited to the Campbell Veterans Memorial Foundation ’s 16 Anniversary, Saluting our Veteran ’s Gala Dinner, and Fundraiser on Friday November 17 at 4:30 pm. For more information, please visit campbellveteransmemorial.org .
The Ainsley House is excited to be open this holiday season with Holiday events for the whole family from November 16 through December 21.
The Ainsley House will be decorated with the theme Christmas Cravings. Tours through the Ainsley House will be unguided and self-paced. The Ainsley House and Boutique will be open during public touring hours and Holiday events.
The Campbell Museum Foundation ’s annual Holiday fundraiser: Holiday Teas and Tours will take place December 1, 2, 3, 8, 9, and 10.
Santa Claus will make a special appearance at the Ainsley House on Saturday, December 2 from 9 :00 am-12 :00 pm.
One of the best ways to see the Ainsley House decorated for the Holidays is to attend one of two evening Open House events on December 17 and the 21. Reservations for Holiday events and more information can be found at campbellmuseums.com .
CONSENT CALENDAR
1. Minutes of City Council Special Meeting of August 28, 2023 Recommended Action : Approve the special meeting minutes of August 28, 2023 This action approves the special meeting minutes of August 28, 2023 .
2. Minutes of City Council Executive Session Meeting of October 17, 2023 Minutes of November 7, 2023 City Council Meeting Page 3 Recommended Action : Approve the executive session meeting minutes of October 17, 2023
This action approves the executive session meeting minutes of October 17 , 2023.
3. Minutes of City Council Regular Meeting of October 17, 2023 Recommended Action : Approve the regular meeting minutes of October 17, 2023 This action approves the regular meeting minutes of October 17 , 2023.
4. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $1,217,884.77.
This action approves the bills and claims in the amount of $1,217,884.77, as follows: bills and claims checks dated October 2, 2023, in the amount of $362,297.94; bills and claims checks dated October 9, 2023, in the amount of $444,856.12; payroll checks dated October 12, 2023, in the amount of $32 ,318.6 4 and bills and claims checks dated October 16, 2023, in the amount of $378,412.07.
5. Monthly Investment Transactions Report (September 2023) Recommended Action: That the City Council review and accept the Monthly Investment Transactions Report for September 2023.
This action reviews and accepts the Monthly Investment Transactions Report for September 2023.
6. Investment Report - Quarter Ending September 2023
Recommended Action: That the City Council approve the Investment Report for the quarter ending September 2023 and the report be noted and filed.
This action reviews and accepts the Quarter Investment Report for the quarter ending September 2023.
7. Monthly Treasurer's Report (September 2023)
Recommended Action: That the City Council review and accept the Monthly Treasurer ’s Report for the month ended September 30, 2023.
This action reviews and accepts the Monthly Treasurer ’s Report for the month ended September 30, 2023.
8. Approval of the Vacation of the Light and Air / Building (Setback) Lines Created by Tract Map No. 1314 (Portions of Parsons Avenue, Fairbanks Avenue, Sharp Avenue, and Sharp Court) and Directing the City Clerk to Record the Resolution (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution (1) summarily vacating the Light and Air/Building (Setback) Lines created by Tract Map No. 1314; and (2) directing the City Clerk to record the resolution.
Minutes of November 7, 2023 City Council Meeting Page 4 Resolution 13070 approves the vacation of the Light and Air/Building (Setback) Lines Created by Tract Map No. 1314 (Portions of Parsons Avenue, Fairbanks Avenue, Sharp Avenue, and Sharp Court) and d irects the City Clerk to record the Resolution .
9. Resolution Accepting Updates on the Remaining Emergency Gas Line Repairs at the Campbell Community Center and Authorizing 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 (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution: 1) accepting updates on the progress of remaining emergency gas line repairs at 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 Contracts Code (PCC) Sections 20168 and 22050 which allow for the dispensation of formal bidding procedures 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 action at every regularly scheduled meeting thereafter, until the action is terminated, to determine, by a 4/5 vote, that there is a need to continue the action.
Resolution 13071 accepts updates on the progress of remaining emergency gas line repairs at the Campbell Community Center; and authorizes 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.
10. Resolution Approving an Agreement with Cupertino Electric, Inc., in an Amount Not to Exceed $197,801, to Provide Equipment and Labor Services for the Community Center Transformer Replacement Project (CIP No. 23-AA) and Allow the City to Dispense with Its Formal Bidding Procedures as Specified in Campbell Municipal Code (CMC) Section 3.20.030(3) for Emergency Situations Requiring Services to Safeguard Life, Health, And/Or Property; and Authorizing the City Manager to Execute Said Agreement as Specified in CMC Section 3.20.100 (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution: 1) approving an agreement with Cupertino Electric, Inc., in an amount not to exceed $197,801, to provide equipment and labor services for the Community Center Transformer Replacement Project (CIP No. 23-AA), and allowing the City to dispense with its formal bidding procedures as specified in Campbell Municipal Code (CMC) Section
3.20.030(3) for emergency situations requiring services to safeguard life, health, and/or property; and 2) authorizing the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100.
Resolution 13072 approves an agreement with Cupertino Electric, Inc., in an amount not to exceed $197,801, to provide equipment and labor services for the Community Center Transformer Replacement Project (CIP No. 23-AA), and allows Minutes of November 7, 2023 City Council Meeting Page 5 the City to dispense with its formal bidding procedures as specified in Campbell Municipal Code (CMC) Section 3.20.030(3) for emergency situations requiring services to safeguard life, health, and/or property; and 2) authorizes the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100.
11. Award a Consultant Service Agreement for the Hamilton Avenue Resurfacing Project 23-BB, and Authorize the City Manager to Execute Said Agreement (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution to award a consultant service agreement in the amount of $527,780 for the Hamilton Avenue Resurfacing Project 23-BB and authorize the City Manager to execute said agreement.
Resolution 13073 awards a consultant service agreement in the amount of $527,780 for the Hamilton Avenue Resurfacing Project 23-BB and authorize s the City Manager to execute said agreement.
12. Resolution Approving Specifications for and Authorizing Issuance of Request for Proposals (RFP) for Investment Advisory Services (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution approving specifications and authorizing issuance of a Request for Proposals (RFP) for Investment Advisory Services.
Resolution 13074 approves specifications and authorizes the issuance of a Request for Proposals (RFP) for Investment Advisory Services.
13. Resolution Approving and Awarding a Contract with Mobile Modular, in an Amount Not to Exceed $261,728, to Provide Labor and Equipment Services for the Service Center Portable Building Replacement Project (CIP No. 17- SS); and Authorization for the City Manager to Execute Said Agreement as Specified in Campbell Municipal Code Section 3.20.100 (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution: 1) approving and awarding a contract with Mobile Modular, in an amount not to exceed $261,728, to provide labor and equipment services for the Service Center Portable Building Replacement project (CIP No. 17-SS), and allow the City to dispense with its formal bidding procedures as specified in Campbell Municipal Code (CMC) Section
3.20.030(6) for the procurement of these services through the City ’s membership with Sourcewell (a Cooperative Purchasing Firm) and Mobile Modular ’s participation as a Sourcewell -certified vendor; and 2) authorizing the City Manager to execute said agreement as specified in Campbell Municipal Code Section
3.20.100.
Resolution 13075 approves and awards a contract with Mobile Modular, in an amount not to exceed $261,728, to provide labor and equipment services for the Service Center Portable Building Replacement project (CIP No. 17-SS), and allow s Minutes of November 7, 2023 City Council Meeting Page 6 the City to dispense with its formal bidding procedures as specified in Campbell Municipal Code (CMC) Section 3.20.030(6) for the procurement of these services through the City ’s membership with Sourcewell (a Cooperative Purchasing Firm) and Mobile Modular ’s participation as a Sourcewell -certified vendor; and 2) authorizes the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100 , including the desk item .
M/S: Scozzola/Landry - That the City Council approve the Consent Calendar , including the Desk Item for item 13. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Scozzola
SECONDER: L andry
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES
14. Continued Public Hearing to Consider an Appeal of the Planning Commission ’s Denial of a Conditional Use Permit with Site and Architectural Review to Allow Reconstruction of a Shell Gasoline Service Station with an Expanded Convenience Store Including Off-Site Alcohol Beverage Sales, a Drive-Through Carwash, and 24-Hour Operational Hours; and a Tree Removal Permit Removal of All On-Site Trees, for Property Located at 570 E.
Hamilton Avenue. File No.: PLN-2022-44 (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution denying the appeal and upholding the Planning Commission's denial of a Conditional Use Permit with Site and Architectural Review and a Tree Removal Permit.
Mayor Bybee introduced the item and asked if any councilmembers had any ex parte discussions to disclose.
Councilmember Lopez disclosed he met with applicants and their representatives on 2 separate occasions.
Vice Mayor Landry disclosed she met with their team prior to the previous council meeting and communicated by email to ask clarifying questions.
This is the time and place for a public hearing to consider an a ppeal of the Planning Commission ’s denial of a Conditional Use Permit with Site and Architectural Review to allow reconstruction of a Shell Gasoline Service Station with an expanded convenience store including off-site alcohol beverage sales, a drive- through carwash, and 24-hour operational hours; and a Tree Removal Permit for removal of all on-site trees, for property located at 570 E. Hamilton Avenue.
Senior Planner, Daniel Fama presented a staff report dated November 7, 2023.
Minutes of November 7, 2023 City Council Meeting Page 7 Following Council questions Mayor Bybee declared the public hearing open and invited the appellants to speak.
Sunny Goyal, business owner , spoke of the new proposed designs and expressed a desire for further collaboration with the City.
Mayor Bybee invited members of the public to speak. There were no public comments.
Mayor Bybee invited the property owner Sunny Goyal and his representative s to provide closing comments.
Justin Zucker, Attorney for Sunny Goyal, discussed the benefits to the City and spoke to urge the council to grant the appeal and approve the designs as revised.
Seeing no one else wishing to speak, Mayor Bybee closed the public hearing.
Vice Mayor Landry raised concerns about the G eneral P lan and was supportive of the project moving forward. She noted vague parameters pertaining to a Gateway and suggested d enial without prejudice, supporting the applicant go through the process again.
Councilmember Scozzola referenced his participation on the V alley T ransportation A uthority PAC , noting the desire to move toward creating walkable/livable communities with public transportation available. He expressed not being in support of approving the appeal. Councilmember Scozzola stated support for climate action and does not agree with the site being an eyesore. He expressed his trust in staff and supports their recommendation.
Councilmember Lopez expressed his desire for a walkable community, aesthetics and is supportive of climate action. He discussed a general reduction in the desire and need for gas in the future. Councilmember Lopez wa s not supportive of holding the business owner accountable for vague precise plan parameters. He wa s supportive of the applicant continuing the process and further discussion.
Councilmember Furtado expressed concern about the intensity of use for this business and discussed difficulties accessing the site and traffic complications. He c ited the decision before the Council is to accept or deny the Planning Commission ’s decision. Anything beyond that would need to go through the process again.
Councilmember Lopez clarified his agreement with Councilmember Furtado about the applicant to go back through the process.
Mayor Bybee acknowledged being in a transitional period working on the Hamilton Precise Plan and does not want to make decisions that could conflict. She noted Minutes of November 7, 2023 City Council Meeting Page 8 conflicts with many of our policies and wa s supportive of not upholding the appeal.
Vice Mayor Landry clarified that she supports going back through the process. She feels this could be a missed opportunity to work with a developer who wants to improve the site . She stated concern with the length of time that the site will sit without improvements until completion of the Hamilton Precise Plan.
Councilmember Lopez asked staff to clarify the recommendation on what a denial of appeal would mean for the process. Senior Planner Fama stated that as it is currently recommended, denial with prejudice, that the business would be prohibited to submit plans that are the same for a year. Without prejudice would allow the business to come back with plans and would now be under the new precise plan.
M/S: Scozzola/Lopez – That the City Council adopt a R esolution denying the appeal and upholding the Planning Commission ’s denial of a Conditional Use Permit with Site and Architectural Review and a Tree Removal Permit.
Councilmember Furtado asked what the time frame would be for the applicant to come back. City Attorney, Bill Seligman clarified what “with prejudice ” and “without prejudice ” would mean for the applicant.
Vice Mayor Landry asked if the applicant would need to come back under the new general plan. City Attorney gave possible scenarios based on the outcome of the different vote options.
Councilmember Lopez made a friendly amendment to add “without prejudice ” to the Resolution title .
Councilmember S cozzola accepted the friendly amendment.
M/S: Scozzola/Lopez – That the City Council adopt Resolution 13070 denying the appeal without prejudice and upholding the Planning Commission ’s denial of a Conditional Use Permit with Site and Architectural Review and a Tree Removal Permit. The motion wa s adopted by the following roll call vote:
RESULT: ADOPTED [ 4 TO 1]
MOVER: Scozzola
SECONDER: Lopez
AYES: Bybee, Furtado, Lopez, Scozzola
NAYS: Landry
15. Public Hearing to Consider an Interim Ordinance to Adopt Urgency Revisions to Title 21 Related to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) to Conform with Recent Guidance from Minutes of November 7, 2023 City Council Meeting Page 9 the California Department of Housing and Community Development (HCD).
File No. PLN-2023-132 (Ordinance – 4/5 Roll Call Vote).
Recommended Action: Adopt an Interim Ordinance, approving urgency revisions to Title 21 to conform with recent feedback and direction from the California Department of Housing and Community Development (HCD) regarding accessory dwelling units.
This is the time and place for a public hearing to consid er an Interim Ordinance, approving urgency revisions to Title 21 to conform with recent feedback and direction from the California Department of Housing and Community Development (HCD) regarding accessory dwelling units.
Assistant Planner, Larissa Lomen presented a staff report dated November 7, 2023.
Following Council q uestions, Mayor Bybee opened the public hearing.
Diane Rock, Campbell resident, expressed concern with allowing 3 ADUs on one property and asked council not to support this.
Mayor Bybee closed the public meeting.
After discussion, M/S: Lopez/Landry – That the City Council adopt Interim Ordinance 2299, approving urgency revisions to Title 21 to conform with recent feedback and direction from the California Department of Housing and Community Development (HCD) regarding accessory dwelling units.
The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Lopez
SECONDER: Landry
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
Deputy City Clerk, Kristen Epolite, read the title of Ordinance 2299.
M/S: Furtado/Lopez – That the City Council waive further reading of Interim Ordinance 2299, approving urgency revisions to Title 21 to conform with recent feedback and direction from the California Department of Housing and Community Development (HCD) regarding accessory dwelling units.
The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Furtado
SECONDER: Lopez
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
NEW BUSINESS
Minutes of November 7, 2023 City Council Meeting Page 10
16. Approval of the Cities Association of Santa Clara County ’s Proposed Joint Powers Agreement (JPA) and Authorization for the City Manager to Execute the JPA
Recommended Action: That the City Council approve the Cities Association of Santa Clara County's proposed Joint Powers Agreement (JPA) to establish the Cities Association of Santa Clara County Joint Powers Agency and authorize the City Manager to execute the JPA.
City Manager, Brian Loventhal, presented a staff report dated November 7, 2023.
City Manager Loventhal introduced Neysa Fligor of the Cities Association of Santa Clara County. Ms. Fligor requested Council ’s support in support in establishing a JPA with the Cities Association .
Following council questions, Mayor Bybee asked if anyone from the public wished to speak.
Elizabeth G ibbons, Campbell resident, stated as a past Cities Association of Santa Clara County participant, she support ed the organization , citing it as an essential component o f the City of Campbell ’s involvement in regional issues .
After discussion, M/S: Landry/ Scozzola – That the City Council approve the Cities Association of Santa Clara County's proposed Joint Powers Agreement (JPA) to establish the Cities Association of Santa Clara County Joint Powers Agency and authorize the City Manager to execute the JPA. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [ UNANIMOUS]
MOVER: Landry
SECONDER: Scozzola
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
The City Council took a 5-minute recess and reconvened at 9:22 pm
17. Acceptance of Organized Retail Theft Grant Funds (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution approving an agreement and authorizing the Police Chief to execute the agreement setting forth terms under which the City of Campbell may accept the Organized Retail Theft Grant - California Board of State and Community Corrections, and approve a budget adjustment to recognize the grant revenue and corresponding grant related expenditures.
Police Captain, Ian White, presented a staff report dated November 7, 2023.
Following Council questions, Mayor Bybee asked if anyone from the public wished to speak. There were no public speakers.
Minutes of November 7, 2023 City Council Meeting Page 11 After discussion, M/S: Landry/Furtado – That the City Council adopt Resolution 13077 approving an agreement and authorizing the Police Chief to execute the agreement setting forth terms under which the City of Campbell may accept the Organized Retail Theft Grant - California Board of State and Community Corrections and approve a budget adjustment to recognize the grant revenue and corresponding grant related expenditures.
The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Furtado
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
UNFINISHED BUSINESS
18. Resolution Approving Relief of Bid Submitted by Bobo Construction, Inc. (BCI) for the Measure O – Police Operations Building Project (CIP No. 23-RR) (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution approving the relief of bid submitted by Bobo Construction, Inc. for construction of the Measure O - Police Operations Building Project, and authorizing the subsequent release of their bid bond, in accordance with the terms and conditions set forth in California Public Contract Code Chapter 5. ‘Relief of Bidders ’ [Sections 5100 - 5110].
Public Works Director, Todd Capurso presented a staff report dated November 7, 2023.
Following Council questions, Mayor Bybee asked if anyone from the public wished to speak.
Rigo Gallardo, Carpenter ’s Union 405 representative, spoke in support of relieving Bobo Construction of their bid. He spoke in favor of retaining the bid bond from Bobo Construction.
A letter from the Carpenters Local Union 405 was submitted at the meeting in support of holding the bid bond.
After discussion, M/S: L opez /Landry – That the City Council adopt R esolution 13078 approving the relief of bid submitted by Bobo Construction, Inc. for construction of the Measure O - Police Operations Building Project, and authorizing the subsequent release of their bid bond, in accordance with the terms and conditions set forth in California Public Contract Code Chapter 5. ‘Relief of Bidders ’ [Sections 5100 - 5110]. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Lopez
SECONDER: Landry
Minutes of November 7, 2023 City Council Meeting Page 12 AYES: Bybee, Landry, Furtado, Lopez, Scozzola
19. Review Funding Options for Measure O Police Operations Building Recommended Action: That the City Council provide feedback to staff regarding funding options for the Measure O - Police Operations Building Project (No. 23- RR).
Public Works Director, Todd Capurso introduced the item and gave background on the bond, funding allocations and budget.
Police Chief , Gary Berg discussed details in the process of the design.
City Manager, Brian Loventhal, summarized the presentation and reviewed the recommended action.
Following Council questions, Mayor Bybee asked if anyone from the public wished to speak.
Michael Sanders, Campbell resident and President of the Campbell Police Foundation, spoke in support of approving the revocable items.
Diane Rock, Campbell resident, noted Measure O ballot language detailing a “new Police Department Building ” and suggested looking at ARPA funds to help offset costs.
Elizabeth Gibbons , Campbell resident, requested the full cost at construction completion .
Steve Saunders , Campbell resident and member of the Measure O Oversi ght Committee, spoke in support of Scenario 1 in which the City Council keeps the revocable items.
City Council expressed a g eneral consensus in support of pulling some funds from ARPA and directed staff to proceed with preparations to award the Police project ’s construction contract to Lathrop in the full base bid amount with all three revocable items and identify the budget adjustments required .
COUNCIL COMMITTEE REPORTS
20. Council Committee Reports
Recommended Action: That the City Council report on activities from their committee assignments.
Due to the lateness of the hour, Council Committee Reports were not heard.
ADJOURN
Minutes of November 7, 2023 City Council Meeting Page 13 Mayor Bybee, adjourned the meeting at 11:10 PM
APPROVED :
ATTEST:
Anne Bybee, Mayor
Andrea Sanders, City Clerk