CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California
REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, November 21, 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 S tatus
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 Mayor Bybee.
SPECIAL PRESENTATIONS AND PROCLAMATIONS
There were no special presentations and proclamations.
COMMUNICATIONS AND PETITIONS
There were no communications and petitions.
ORAL REQUESTS
Brandi Arlington, Campbell resident and Corinthian House, Inc. Representative, discussed concerns about neighborhood safety regarding speeding through the intersection of Budd Ave and Nido Drive .
Minutes of November 21, 2023 City Council Meeting Page 2
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 .
Visit the Ainsley House this holiday season. The house will be decorated with the theme “Christmas Cravings. ” Exciting events such as the Holiday Tea and Tour; Photos with Santa; and the Holiday Boutique await. For additional information please visit campbellmuseums.com .
The annual downtown Campbell Carol of Lights celebration will be held at 4:00 PM on December 2, 2023. This is a free event for everyone to attend.
In observance of the Thanksgiving Holiday, City Hall offices will be closed for business this Thursday, November 23 and Friday, November 24 and will reopen Monday, November 27. Police and Emergency Services will remain open.
Following the Council Announcements, City Attorney Seligman, announced that on November 16, 2023, the Board for the Fair Political Practices Commission approved the stipulated settlement agreement that was approved unanimously by the City Council at their October 17, 2023 Executive Session meeting in the matter of FPPC C ase No. 2017-00125. The terms of which are set forth in the stipulation and is on file with the City Clerk and available to the public .
CONSENT CALENDAR
Mayor Bybee asked if anyone wished to remove an item from the Consent Calendar. The Consent Calendar was considered as follows:
1. Minutes of City Council Regular Meeting of November 7, 2023 Recommended Action : Approve the regular meeting minutes of November 7, 2023
This action approves the regular meeting minutes of November 7, 2023 .
2. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $3,231,732.30.
This action approves the bills and claims in the amount of $3,231,732.30 , as follows: bills and claims checks dated October 23, 2023, in the amount of $2,889,990.26; payroll checks dated October 26, 2023, in the amount of $71,882.75 ; and bills and claims checks dated October 30, 2023, in the amount of $269,859.29.
3. Monthly Investment Transactions Report (October 2023) Minutes of November 21, 2023 City Council Meeting Page 3 Recommended Action: That the City Council review and accept the Monthly Investment Transactions Report for October 2023.
This action reviews and accepts the Monthly Investment Transactions Report for October 2023.
4. Authorization to Issue a Request for Proposals for Climate Action and Adaptation Plan Development (Resolution / Roll Call Vote) Recommended Action: That the City Council adopt a Resolution authorizing the issuance of a Request for Proposals (RFP) for the development of a Climate Action and Adaptation Plan.
Vice Mayor Landry expressed excitement for Climate Action adaptation plan development.
Resolution 13079 authorizes the issuance of a Request for Proposals (RFP) for the development of a Climate Action and Adaptation Plan.
5. 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 13080 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.
6. Accept the Resignation of Thomas Russell from the Civic Improvement Commission
Recommended Action: That the City Council accept the resignation of Thomas Russell from the Civic Improvement Commission and direct the City Clerk to advertise the vacancy and prepare the Notice of Unscheduled Vacancy.
Minutes of November 21, 2023 City Council Meeting Page 4 This action accepts the resignation of Thomas Russell from the Civic Improvement Commission and direct s the City Clerk to advertise the vacancy and prepare the Notice of Unscheduled Vacancy.
M/S: Landry/Lopez - That the City Council approve the Consent Calendar.
The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Lopez
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES
There were no public hearing s or introductions of ordinances.
NEW BUSINESS
There was no new business.
UNFINISHED BUSINESS
7. Resolution Approving an Agreement with Ninyo & Moore, in an Amount Not to Exceed $177,428, to Provide Materials Testing and Inspection Services for the Measure O – Police Operations Building (No. 23-RR) and Library Renovations (No. 23-SS) Projects (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution: 1) approving an agreement with Ninyo & Moore to provide materials testing and inspection services for the Measure O - Police Operations Building (No. 23-RR) and Library Renovations (No. 23-SS) projects in accordance with the policies and procedures specified in Campbell Municipal Code (CMC) 3.20.091; 2) approving the combined contract amount of $177,428, plus an additional 20% contingency amount of $35,485 for any service modifications required to accommodate each project ’s construction schedule; and 3) authorizing the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100.
Public Works Director Capurso presented a staff report dated Nov. 21, 2023.
Following Council questions, Mayor Bybee asked if anyone from the public wished to speak. There were no public speakers.
After discussion, M/S: Scozzola/Landry – That the City Council adopt Resolution 13081 approving an agreement with Ninyo & Moore to provide materials testing and inspection services for the Measure O - Police Operations Building (No. 23-RR) and Library Renovations (No. 23-SS) projects in accordance with the policies and procedures specified in Campbell Municipal Code (CMC) 3.20.091; 2) approving the combined contract amount of $177,428, plus an additional 20% contingency amount of Minutes of November 21, 2023 City Council Meeting Page 5 $35,485 for any service modifications required to accommodate each project ’s construction schedule; and 3) authorizing the City Manager to execute said agreement as specified in Campbell Municipal Code Section
3.20.100. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Scozzola
SECONDER: Landry
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
8. Approve and Award a Construction Contract to Lathrop Construction Associates, Inc. for the Measure O – Police Operations Building Project (No. 23-RR)
Recommended Action: That the City Council adopt a resolution to 1) award the construction contract for the Measure O - Police Operations Building Project (No. 23-RR) to Lathrop Construction Associates, Inc.; 2) approve the construction contract in the amount of $29,454,000, plus a 10% construction contingency of $2,945,400; 3) authorize the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100; 4) authorize the City Engineer to negotiate and execute contract change orders up to and within the allocated construction contingency; and 5) authorize the Finance Director to prepare the budget adjustments necessary to award the project ’s construction contract and fund the costs associated with its planned expenditures.
Public Works Director Capurso presented a staff report dated Nov. 21, 2023.
Following Council questions, Mayor Bybee asked if anyone from the public wished to speak. There were no public speakers.
Councilmembers expressed support and enthusiasm for the Measure O Police Operations Building project.
After discussion, M/S: Landry/Scozzola – That the City Council adopt Resolution 13082 to 1) award the construction contract for the Measure O - Police Operations Building Project (No. 23-RR) to Lathrop Construction Associates, Inc.; 2) approve the construction contract in the amount of $29,454,000, plus a 10% construction contingency of $2,945,400; 3) authorize the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100; 4) authorize the City Engineer to negotiate and execute contract change orders up to and within the allocated construction contingency; and 5) authorize the Finance Director to prepare the budget adjustments necessary to award the project ’s construction contract and fund the costs associated with its planned expenditures. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Landry
SECONDER: Scozzola
Minutes of November 21, 2023 City Council Meeting Page 6 AYES: Bybee, Landry, Furtado, Lopez, Scozzola
COUNCIL COMMITTEE REPORTS
9. Council Committee Reports
Recommended Action: That the City Council report on activities from their committee assignments.
Councilmember Furtado attended the Silicon Valley Regional Interoperability Authority (SVRIA ); attended the Santa Clara County Emergency Operation al Area Council ; and spoke of new information related to the West Valley Solid Waste Authority JPA .
Councilmember Scozzola attended a brunch event for Santa Clara County Supervisor Simitian; attended the Measure O Library Renovation Groundbreaking Event; attended the Campbell Ve terans Memorial Foundation ’s Veterans Day ceremony and the ir annual Gala Dinner and Fundraiser “Saluting our Veteran s ”; attended a Silicon Valley Clean Energy meeting; and attended the Santa Clara V alley T ransportation Authority Policy Advisory Committee meeting.
Councilmember Lopez attended the Measure O Library Renovation Groundbreaking Event; attended the Campbell Veterans Memorial Foundation ’s Veterans Day ceremony ; attended V alley Transportation Authority Board of Directors meeting; attended the Board of Directors Bay Area Air Quality Management District Meeting and spoke at the VTA Mission College graduation.
Mayor Bybee discussed the upcoming toy drive with the Campbell Chamber of Commerce and encouraged councilmembers to volunteer with the organization to help bag the toys. She also discussed the fundraising mixer going toward the Campbell toy drive. Mayor Bybee and Councilmember Lopez attended the Interfaith religious group at the Mormon church in San Jose.
ADJOURN
Councilmember Lopez s poke about the impact, fond memories and civil contributions of Historic Preservation Board Member Rob Corteway , who had recently passed away .
Mayor Bybee adjourned the meeting in memory of Rob Corteway at 8:35 p.m .
APPROVED :
ATTEST:
Anne Bybee, Mayor
Kristen Epolite, Deputy City Clerk
Minutes of November 21, 2023 City Council Meeting Page 7