City Council Agenda
City of Campbell, 70 N. First St., Campbell, California NOTE: To protect our constituents, City officials, and City staff, the City requests all members of the public follow the guidance of the California Department of Health Services', and the County of Santa Clara Health Officer Order, to help control the spread of COVID -19. Additional information regarding COVID-19 is available on the City's website at www.campbellca.gov.
This City Council Regular meeting will be conducted in person as well as telecommunication and is compliant with provisions of the Brown Act.
The City Council meeting will be live -streamed on Channel 26 or Channel 88, the City's website and on YouTube https://www.youtube.com/user/CityofCampbell for those who only wish to view the meeting.
Those members of the public wishing to provide public comment virtually are asked to register in advance at: https://www.campbellca.gov/signup. After registering, you will receive a confirmation email containing information about joining the meeting. Members of the public may attend the meeting in person at Campbell City Hall - Council Chambers.
Public comment will also be accepted via email at [email protected] prior to the start of the meeting. Written comments will be posted on the website and distributed to the Council . If you choose to email your comments, please indicate in the subject line “FOR PUBLIC COMMENT” and indicate the item number.
REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, December 19, 2023 7:30 p.m.
City Hall Council Chamber – 70 N. First Street
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
SPECIAL PRESENTATIONS AND PROCLAMATIONS
COMMUNICATIONS AND PETITIONS
ORAL REQUESTS
NOTE: This portion of the meeting is reserved for persons wishing to address the City Council on any matter not on the agenda. Persons wishing to address the Council are requested, but not required to complete a Speaker’s Card. Speakers are limited to two (2) minutes. The law generally prohibits the Council from discussion or taking action on such items. However, the Council may instruct staff accordingly regarding Oral Requests.
COUNCIL ANNOUNCEMENTS
CONSENT CALENDAR
NOTE: All matters listed under consent calendar are considered by the City Council to be routine and will be enacted by one motion. There will be no separate discussion of these items unless a request is made by a member of City Council, City staff, or a member of the public.
Any person wishing to speak on any item on the consent calendar should ask to have the item removed from the consent calendar prior to the time the Council votes to approve. If removed, the item will be discussed in the order in which it appears.
1. Minutes of City Council Study Session Meeting of November 21, 2023 Recommended Action: Approve the study session meeting minutes of November 21, 2023.
2. Minutes of City Council Executive Session Meeting of December 5, 2023 Recommended Action: Approve the executive session meeting minutes of December 5, 2023.
3. Minutes of City Council Study Session Meeting of December 5, 2023 Recommended Action: Approve the study session meeting minutes of December 5, 2023.
4. Minutes of City Council Regular Meeting of December 5, 2023 Recommended Action: Approve the regular meeting minutes of December 5, 2023.
5. Approving Bills and Claims
Recommended Acti on: Approve the bills and claims in the amount of $903,574.50.
6. Monthly Investment Transactions Report (November 2023) Recommended Action: That the City Council review and accept the Monthly Investment Transactions Report for November 2023.
7. Accept the Resignation of Gary Coluccio from the Civic Improvement Commission
Recommended Action: That the City Council accept the resignation of Gary Coluccio from the Civic Improvement Commission and direct the City Clerk to advertise the vacancy and prepare the Notice of Unscheduled Vacancy.
8. Resolution Accepting Upd ates 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 m oney 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.
9. Approval of a Grant Agreement with Silicon Valley Clean Energy for the Community Resilience Program and Reallocate the $197,972 in Associated Grant Funds to Purchase an Electric Vehicle and Solar Powered Mob ile EV Charging Station for the Campbell Service Center and for the Finance Director to Prepare Associated Budget Adjustments (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution: 1) approving a grant agreement with Silicon Valley Clean Energy in the amount of $197,972; 2) authorizing the City Manager to execute the grant agreement in accordance with Campbell Municipal Code Section 3.20.100; 3) authorizing the reallocation of the $197,972 in associated grant funds to purchase a Ford F -150 Lightning Pro Electric Truck and a solar powered mobile EV charging station for the City’s Service Center; 4) authorizing staff th e to dispense with its formal bidding procedures as specified in the exemptions of Campbell Municipal Code (CMC) Section 3.20.030(6), and purchasing policies of 3.20.070, which allow the City to procure goods and services through its membership with Sourcewell (a Cooperative Purchasing Firm) and its use of the California e -Procurement Statewide Contract and Leveraged Procurement Agreements; and 5) authorizing the Finance Director to Prepare Associated Budget Adjustments
PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES
NOTE: Members of the public may be allotted up to two (2) minutes to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of five (5) minutes for opening statements and up to a total of three (3) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.
COUNCIL COMMITTEE REPORTS
10. Approve Appointments to the Historic Preservation Board Recommended Action: It i s recommended that the City Council approve the recommendation of the Advisory Commissioner Appointment Interview Subcommittee regarding appointments to the Historic Preservation Board for one full term, expiring October 2027, and one short term, expiring, October 2025.
NEW BUSINESS
11. City Council Reorganization
Recommended Action: That the City Council reorganize and appoint a Mayor and Vice Mayor for the 2024 calendar year.
ADJOURN
IMPORTANT NOTICE: Materials related to an item on this agenda submitte d to the City Council after distribution of the agenda packet are available for public inspection with the agenda packet in the lobby of City Clerk’s Office, 70 N. First Street, Campbell, CA 95008, during normal business hours. These materials will also be available on the City website at https://www.ci.campbell.ca.us/agendacenter with the agenda packet following the last item of t he agenda, subject to staff’s ability to post the documents prior to the meeting. All documents not posted prior to the meeting will be posted the next business day.
In compliance with the Americans with Disabilities Act, listening assistive devices are available for all meetings held in the City Council Chambers. If you require accommodation, please contact the City Clerk’s Office, (408) 866-2117, at least one week in advance of the meeting.
CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California
STUDY SESSION OF THE CAMPBELL CITY COUNCIL
Tuesday, November 21, 2023 – 6:00 PM
City Hall Council Chamber
70 N. First St., Campbell, California
This City Council meeting was duly noticed pursuant to open meeting requirements of the Ralph M. Brown Act (G.C. Section 54956).
CALL TO ORDER
The City Council of the City of Campbell convened this day in the special 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
PUBLIC COMMENT
There was no public comment.
NEW BUSINESS
1. Understanding and Addressing Unfunded Pension Liabilities Recommended Action: That the City Council receive an update on unfunded pension liabilities.
Finance Director Fuentes introduced the item. He noted key objectives in developing funding policies and sources and pension management options. He noted future discussions with the Council will be incorporated as part of the upcoming budget process.
Finance Director Fuentes introduced Dan Matus iewicz of GovInvest to pro vide the Council report presentation. Mr. Matusiewicz provided information on current pensions; Ca lPERS historical investment returns; components of employer contributions; impacts to agencies; factor contribut ing to funded status trends; comparisons to other pu blic Calpers agencies; projected Classic vs PEPRA 1 Packet Pg. 5
Minutes Acceptance: Minutes of Nov 21, 2023 6:00 PM (CONSENT CALENDAR) Minutes of November 21, 2023 City Council Meeting Page 2 payroll; impacts on annual amortization p ayment; and pension management goals.
Mr. Matusiewicz provide d several tools and options for the Council ’s consideration as follows: 1. “Rainy Day ” pension volatility rese rve w ith a $5 million minimum. 2. A funded status/ solvency of P lan. 3. Long -term interest savings. 4. Defensive Unfunded Accrued Liability (UAL) restructuring (spreading costs.) 5. Aggressive UAL restructuring (shortening term .) He recommended a balanced approach to these options.
The City C ouncil discussed the pros and cons of the five objective options.
Councilmember Furtado expressed support for some type of budget planning and reserve fund with the p ossibility of paying slightly more than now on an optional basis in a steady manner that is spread out over time.
Councilmember Lopez stated support for looking closer at the 115 Trust noting the benefits and advantages to that. There would be benefits to a trust fund in a recession but al so for when more services would be needed and revenue for operations and capital could go down . He stressed the importance of not only having the reserve funds available but also to be able to fund city services that are necessary for the community.
Vice Mayor L andry was no t su pportive of a tax ballot measure that collects property taxes. She suggeste d looking further at employee contracts prior to the next negotiations and looking at operating and capital expenses.
Councilmember Scozzola echoed Councilmember Fu rtado’s comments on having some foresight into the po tential of another recession. H e stressed the importance of being able to cover all pensions regardless of the economic state and stated support of the reserves.
Mayor By bee requested additional information on the 115 Pension Trust . She noted the importance of monitoring the capital and operating expense s. She stated support of tax ballot measure and increasing the Transient Occupancy Tax (TOT.) She sugg ested looking at other revenue streams such as the business license t ax. Mayor Bybee caut ioned on the emplo yee benefits to CalPERS as it is a negotiated item and is impacted by neigh boring c ities contributions. She re quested additional information on what other neighboring cities’ contributions are. She agreed with Councilmember Furtado’s suggestion of increasing our payment to decrease the amount each year.
ADJOURN
Mayor Bybee adjourned the meeting at 7:11 PM
APPROVED:
1 Packet Pg. 6
Minutes Acceptance: Minutes of Nov 21, 2023 6:00 PM (CONSENT CALENDAR) Minutes of November 21, 2023 City Council Meeting Page 3 ATTEST:
Anne Bybee, Mayor
Andrea Sanders, City Clerk
1 Packet Pg. 7
Minutes Acceptance: Minutes of Nov 21, 2023 6:00 PM (CONSENT CALENDAR)
CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California
CITY COUNCIL EXECUTIVE SESSION
Tuesday, December 5, 2023 – 5:15 PM
Doetsch Conference Room
70 N. First Street, Campbell, California
This City Council meeting was duly noticed pursuant to open meeting requirements of the Ralph M. Brown Act (G.C. Section 54956).
CALL TO ORDER
The City Council of the City of Campbell convened this day in the special meeting place, the Doetsch Conference Room, 70 N. First Street, Campbell, California.
ROLL CALL
Attendee Name Title Status
Anne Bybee Mayor Absent
Susan M. Landry Vice Mayor Present
Dan Furtado Councilmember Present
Sergio Lopez Councilmember Present
Elliot Scozzola Councilmember Present
PUBLIC COMMENT
There was no public comment.
MOVE INTO CLOSED EXECUTIVE SESSION
A. Personnel
B. Litigation - Conference with Legal Counsel – Existing Litigation (Paragraph (1) of Subdivision (d) of California Government Code Section 54956.9) Name of Case: (One case: employee is seeking workers compensation for alleged job related injuries)
Workers Compensation Appeal Board Case No: ADJ17357384
C. Real Property
D. Labor Negotiations
2 Packet Pg. 8
Minutes Acceptance: Minutes of Dec 5, 2023 5:15 PM (CONSENT CALENDAR)
Minutes of December 5, 2023 City Council Meeting Page 2 The City Council met in Executive Session to discuss Item B. City Manager Loventhal, City Attorney Seligmann, Assistant City Manager Gaeta, Police Chief Berg, and Kyle Royer, of RTGR Law Firm were in attendance.
APPROVED:
ATTEST:
Anne Bybee, Mayor
Andrea Sanders, City Clerk
2 Packet Pg. 9
Minutes Acceptance: Minutes of Dec 5, 2023 5:15 PM (CONSENT CALENDAR)
CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California
STUDY SESSION OF THE CAMPBELL CITY COUNCIL
Tuesday, December 5, 2023 – 5:30 p.m.
Ralph Doetsch Conference Room
70 N. First St., Campbell, California
This City Council meeting was duly noticed pursuant to open meeting requirements of the Ralph M. Brown Act (G.C. Section 54956).
CALL TO ORDER
The City Council of the City of Campbell convened this day in the special meeting place, the Doetsch Conference Room, 70 N. First Street, Campbell, California.
ROLL CALL
Attendee Name Title Status
Anne Bybee Mayor Absent
Susan M. Landry Vice Mayor Present
Dan Furtado Councilmember Present
Sergio Lopez Councilmember Present
Elliot Scozzola Councilmember Present
PUBLIC COMMENT
There was no public comment.
NEW BUSINESS
1. Economic Development Strategy Study Session
Recommended Action: That the City Council provide input and direction for the economic development strategy recommendations.
City Manager Loventhal provided an introduction to the item. The consultant team and staff introduced themselves.
Ms. Taylor spoke of the three pillars of the Phase II Economic Development Strategy Plan as foundational, collaborative and aspirational. She spoke of the three guiding principles the City will use as the General Plan vision, the General Plan Objectives – 2040 and the 2040 General Plan Economic Development Element.
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Minutes Acceptance: Minutes of Dec 5, 2023 5:30 PM (CONSENT CALENDAR) Minutes of December 5, 2023 City Council Study Session Meeting Page 2 The consultant team discussed the strategies needed for economic vitality as the organization’s tools, existing businesses, retail vacancies, office vacancies, emerging businesses and visitors and collaborating with partner agencies.
Councilmember Lopez requested additional information on partnerships with other agencies.
Councilmember Scozzola commented on having new business incentives.
Vice Mayor Landry requested open space and parks be added to the list for building economic vitality.
The consultant team presented information on actions that need to be addressed such as gaps within the current economic development plan and challenges that constrain Campbell. They concluded with next steps.
The Councilmembers provided general feedback and input to the consultant team, tying this information to the Council Priorities setting, how to maintain the small town feel and creating a “parking lot” for ideas moving forward.
ADJOURN
Vice Mayor Landry adjourned the meeting at 7:11 PM
APPROVED:
ATTEST:
Anne Bybee, Mayor
Andrea Sanders, City Clerk
3 Packet Pg. 11
Minutes Acceptance: Minutes of Dec 5, 2023 5:30 PM (CONSENT CALENDAR)
CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California
REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, December 5, 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.
Pursuant to Government Code § 54953 (f)(2) Vice Mayor Landry stated that Mayor Bybee had requested to participate remotely as the result of a physical disability.
Mayor Bybee disclosed publicly that there were no individuals 18 years or older present in the room.
M/S: Lopez/Furtado - to approve the request of Mayor Bybee to participate in the meeting remotely due to emergency circumstances.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Lopez
SECONDER: Furtado
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
ROLL CALL
Attendee Name Title Status
Anne Bybee Mayor Remote
Susan M. Landry Vice Mayor Present
Dan Furtado Councilmember Present
Sergio Lopez Councilmember Present
Elliot Scozzola Councilmember Present
4 Packet Pg. 12
Minutes Acceptance: Minutes of Dec 5, 2023 7:30 PM (CONSENT CALENDAR)
Minutes of December 5, 2023 City Council Meeting Page 2
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Finance Director Will Fuentes, Assistant Finance Director Norite Vong and John Formale Accountant in recognition of their GFOA financial award.
Vice Mayor Landry thanked Mr. Fuentes, Mr. Vong and Mr. Formale and presented them each with a Certificate of Appreciation.
SPECIAL PRESENTATIONS AND PROCLAMATIONS
1. Recognition of the City Receiving the Government Finance Officers Association (GFOA)'S Certificate of Achievement for Excellence in Financial Reporting for the Fiscal Year Ended June 30, 2022 Recommended Action: That the Mayor and City Council recognize and congratulate the Finance Department for their dedicated service in receiving the GFOA’s Certificate of Achievement for Excellence in Financial Reporting for the fiscal year ended June 30, 2022.
Vice Mayor Landry highlighted key points within the proclamation recognizing and congratulating the Finance Department for their dedicated service in receiving the GFOA’s Certificate of Achievement for Excellence for its annual comprehensive financial report.
The City has received a Certificate of Achievement for the past 34 consecutive fiscal years and this has been made possible by the dedicated service of the entire Finance Department under the leadership of the Finance Director and the Assistant Finance Director and with the support of the City Manager and the City Council.
Vice Mayor Landry presented the proclamation to Mr. Fuentes, Mr. Vong and Mr.
Formale.
COMMUNICATIONS AND PETITIONS
There were no communications or petitions.
ORAL REQUESTS
There were no public speakers.
COUNCIL ANNOUNCEMENTS
The City Clerk’s office is accepting applications for the Civic Improvement Commission, 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.
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Minutes Acceptance: Minutes of Dec 5, 2023 7:30 PM (CONSENT CALENDAR)
Minutes of December 5, 2023 City Council Meeting Page 3 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 “Campbell Community Toy Program” is in need of toys, books, soccer balls and games. Toy collection bins have been placed at various locations including Campbell City Hall, Police Department, Community Center, and the Fire Stations located on Union and Sunnyoaks. For additional information about this program, please visit campbeltoyprogram.com.
The City of Campbell is committed to supporting its citizens by strengthening its neighborhoods. The City offers grant funding to help neighborhoods build a sense of community through its Neighborhood Association Assistance Grant program.
Applications to apply will open January 12, 2024. Neighborhood Associations within the City of Campbell are encouraged to apply. For more information, please visit the city’s website at campbellca.gov.
Tis the season for potential thefts and holiday crimes. Please do not leave packages or valuables on the seat of your car, always lock it in the trunk. Keep all car doors locked and windows closed and set your alarm. If shopping at night, remember to park in a well-lit area. Please be sure to report suspicious activity to the Campbell Police Department at (408)866-2101 or if you encounter an emergency, please call 911.
City Hall offices will be closed for business beginning noon on Friday, December 22 thru Monday, January 1. Police and emergency services will remain open.
CONSENT CALENDAR
Vice Mayor Landry asked if anyone wished to remove an item from the Consent Calendar.
Item 12 was removed from the consent calendar.
2. Minutes of City Council Regular Meeting of November 21, 2023 Recommended Action: Approve the regular meeting minutes of November 21, 2023
This action approves the regular meeting minutes of November 21, 2023.
3. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $646,864.18.
This action approves the bills and claims in the amount of $646,864.18, as follows: bills and claims checks dated November 6, 2023, in the amount of $205,001.93; payroll checks dated November 9, 2023, in the amount of $29,245.67; and bills and claims checks dated November 13, 2023, in the amount of $412,616.58.
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Minutes Acceptance: Minutes of Dec 5, 2023 7:30 PM (CONSENT CALENDAR)
Minutes of December 5, 2023 City Council Meeting Page 4
4. Monthly Treasurer's Report (October 2023)
Recommended Action: That the City Council review and accept the Monthly Treasurer’s Report for the month ended October 31, 2023.
This action reviews and accepts the Monthly Treasurer’s Report for the month ended October 31, 2023.
5. Resolution Reviewing and Accepting the Annual Developer Fee Disclosure Information for the Environmental Services Fee, Parkland Dedication Fee, and Vehicle Impact Fee and Making Five -Year Findings for the Parkland Dedication Fee and Vehicle Impact Fee for the Fiscal Year Ended June 30, 2023 Pursuant to California Government Code (GC) Section 66001 (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution consistent with the Mitigation Fee Act (AB -1600) to review and accept the annual developer fee disclosure information for the Environmental Services Fee, Parkland Dedication Fee, and Vehicle Impact Fee and make five -year findings for the Parkland Dedication Fee and Vehicle Impact Fee for the Fiscal Year ended June 30, 2023 pursuant to California Government Code (GC) Section 66001.
Resolution 13083 reviews and accepts the annual developer fee disclosure information for the Environmental Services Fee, Parkland Dedication Fee, and Vehicle Impact Fee and make five -year findings for the Parkland Dedication Fee and Vehicle Impact Fee for the Fiscal Year ended June 30, 2023 pursuant to California Government Code (GC) Section 66001. (AB 1600)
6. Community Facilities District No. 1 Report Fiscal Year (FY) 2022-23 Recommended Action: That the City Council note and file the Annual Bond Accountability Report for the City’s Community Facilities District No. 1 (“CFD”) for Fiscal Year ending June 30, 2023, as mandated by the California Government Code Sections 53411 and 50075.3.
This action notes and files the Annual Bond Accountability Report for the City’s Community Facilities District No. 1 (“CFD”) for Fiscal Year ending June 30, 2023, as mandated by the California Government Code Sections 53411 and 50075.3.
7. Community Facilities District No. 2 Report Fiscal Year (FY) 2022-23 Recommended Action: That the City Council note and file the Annual Bond Accountability Report for the City’s Community Facilities District No. 2 (“CFD”) for Fiscal Year ending June 30, 2023, as mandated by the California Government Code sections 53411 and 50075.3.
This action notes and files the Annual Bond Accountability Report for the City’s Community Facilities District No. 2 (“CFD”) for Fiscal Year ending June 30, 2023, as mandated by the California Government Code sections 53411 and 50075.3
8. 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 4 Packet Pg. 15
Minutes Acceptance: Minutes of Dec 5, 2023 7:30 PM (CONSENT CALENDAR)
Minutes of December 5, 2023 City Council Meeting Page 5 and in Accordance with California State Public Contracts Code (PCC) Sections 20168 and 22050
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 mone y 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 13084 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.
9. Approval of Tract Map No. 10606 Including Acceptance of Public Service Easements Shown on Said Map – 523 Union Avenue (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution approving the Tract Map for Tract No. 10606 and accept the public service easements offered for dedication as shown on the map for the property located at 523 Union Avenue.
Resolution 13085 approves the Tract Map for Tract No. 10606 and accepts the public service easements offered for dedication as shown on the map for the property located at 523 Union Avenue.
10. Accept Improvements for the Virginia Park Improvements Project 20 -QQ and File Notice of Completion (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution accepting the improvements for the Virginia Park Improvements Project No. 20 -QQ and directing the City Engineer, or their designee to file the Notice of Completion.
Resolution 13086 accepts the improvements for the Virginia Park Improvements Project No. 20 -QQ and directs the City Engineer, or their designee to file the Notice of Completion.
11. Resolution Declaring Weeds a Public Nuisance and Scheduling a Public Hearing (Resolution/ Roll Call Vote)
Recommended Action: That the City Council adopt a resolution, declaring weeds a public nuisance, and setting January 22, 2024, as the date for a public hearing to hear protests.
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Minutes Acceptance: Minutes of Dec 5, 2023 7:30 PM (CONSENT CALENDAR)
Minutes of December 5, 2023 City Council Meeting Page 6 Resolution 13087 declares weeds a public nuisance, and sets January 22, 2024, as the date for a public hearing to hear protests.
13. Authorization for the City Manager to Amend the Consultant Services Agreement with Jayson Architecture, in an Amount Not to Exceed $114,410, to Provide Design and Engineering Support Services in Accordance with the Current Construction Schedule for the Measure O – Campbell Library Renovations Project (No. 23-SS)
Recommended Action: That the City Council adopt a resolution approving an amendment and authorizing the City Manager to execute a Consultant Services Agreement with Jayson Architecture, in an amount not to exceed $114,410, to provide design and engineering support services in accordance with the current construction schedule for the Measure O - Campbell Library Renovations Project (No. 23-SS).
Resolution 13088 approves an amendment and authorizes the City Manager to execute a Consultant Services Agreement with Jayson Architecture, in an amount not to exceed $114,410, to provide design and engineering support services in accordance with the current construction schedule for the Measure O - Campbell Library Renovations Project (No. 23-SS).
M/S: Landry/Lopez - That the City Council approve the consent calendar with the exception of item 12. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Furtado
SECONDER: Scozzola
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
ITEMS CONSIDERED SEPARATE FROM CONSENT
12. Resolution Approving Specifications for and Authorizing Issuance of Request for Proposals (RFP) for Preparation of a Park and Recreation Master Plan (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution approving the issuance of a Request for Proposals (RFP) for the preparation of a Park and Recreation Master Plan.
Vice Mayor Landry requested the deadline for Request for Proposals be pushed out a week or two to allow the proposals to come in. She discussed the importance of the project and the need for thoughtful and thorough proposals.
She asked if the proposal budget should be increased and asked for clarification on the process.
Recreation and Community Services Director Natasha Bissell gave her assurance that there will be enough time for quality proposals to come in.
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Minutes Acceptance: Minutes of Dec 5, 2023 7:30 PM (CONSENT CALENDAR)
Minutes of December 5, 2023 City Council Meeting Page 7 City Attorney Bill Seligmann shared his understanding that this was a programmic document that does not seek design services and merits the process that has been presented.
Councilmember Furtado commented on his belief that the professionals are already prepared and ready to provide proposals.
Councilmembers Scozzola and Lopez expressed their confidence in the ability of firms to get the proposals in.
M/S: Furtado/Lopez – That the City Council adopt Resolution 13089 approving the issuance of a Request for Proposals (RFP) for the preparation of a Park and Recreation Master Plan.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Furtado
SECONDER: Lopez
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES
14. ADU Interim Ordinance - Extension Ordinance (Ordinance/Roll Call Vote) Recommended Action: Adopt an ordinance to extend Interim Ordinance No. 2299 that adopted 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 adopt an ordinance to extend Interim Ordinance No. 2299 that adopted 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.
Community Development Director, Rob Eastwood presented a staff report dated December 5, 2023.
Vice Mayor Landry opened the public hearing and asked if anyone wished to speak. Seeing no public speakers, Vice Mayor Landry closed the public hearing.
After discussion, M/S: Scozzola/Lopez – That the City Council adopt Interim Ordinance 2300, 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: Scozzola
SECONDER: Lopez
4 Packet Pg. 18
Minutes Acceptance: Minutes of Dec 5, 2023 7:30 PM (CONSENT CALENDAR)
Minutes of December 5, 2023 City Council Meeting Page 8 AYES: Bybee, Landry, Furtado, Lopez, Scozzola
Deputy City Clerk, Kristen Epolite, read the title of Ordinance 2300.
M/S: Furtado/Lopez – That the City Council waive further reading of Interim Ordinance 2300, 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
15. Review and Provide Feedback on Recommendations from the Planning Commission’s Ad -Hoc Economic Development Advisory Sub -Committee on Proposed Amendments to the Campbell Municipal Code Related to the Permissibility of Land Uses in Commercial, Office, and Industrial Zoning Districts to Support Business Attraction and Retention Objectives Identified During Preparation of the City’s Updated Economic Development Plan.
Recommended Action: That the City Council receive the report and provide feedback on proposed amendments to the Campbell Municipal Code related to the permissibility of land uses in commercial, office, and industrial zoning districts.
Community Development Director, Rob Eastwood introduced the item.
Planning Commissioner, Davis Fields presented on Objectives and Principles, and Research and Key Findings.
Senior Planner, Stephen Rose presented a staff report dated December 5, 2023.
Following council questions, Vice Mayor Landry asked if anyone from the public wished to speak.
There were no public speakers.
After discussion, councilmembers expressed gratitude for the work on the report.
There was general consensus in support of a more efficient, streamlined and accessible program for permitting.
16. Amendment to the FLOCK Safety Contract to Reflect Organized Retail Theft Grant Expansion (Resolution/Roll Call Vote)
4 Packet Pg. 19
Minutes Acceptance: Minutes of Dec 5, 2023 7:30 PM (CONSENT CALENDAR)
Minutes of December 5, 2023 City Council Meeting Page 9 Recommended Action: That the City Council adopt a Resolution approving the contract amendment with Flock Group Inc. and authorizing the City Manager to sign a three -year amendment to the contract with Flock Group Inc for the installation of additional fixed ALPR cameras and dispense with bidding requirements as specified in Campbell Municipal Code Section 3.20.030(7).
Police Captain, Ian White presented a staff report dated December 5, 2023.
Following council questions, Vice Mayor Landry asked if anyone from the public wished to speak.
There were no public speakers.
General council consensus in support of the program as well as expressing caution to not rely solely on grant funding and continue to look for additional ways to fund the program.
After discussion, M/S: Scozzola/Lopez – That the City Council adopt Resolution 13090 approving the contract amendment with Flock Group Inc. and authorizing the City Manager to sign a three -year amendment to the contract with Flock Group Inc for the installation of additional fixed ALPR cameras and dispense with bidding requirements as specified in Campbell Municipal Code Section 3.20.030(7). The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Scozzola
SECONDER: Lopez
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
17. Drone as First Responder (DFR) Equipment Purchase Authorization (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution approving the purchase of two DJI Matrice M30T drones and associated equipment using the Organized Retail Theft (ORT) and Supplemental Law Enforcement Services Fund (SLESF) grant funds.
Police Captain, Ian White presented a staff report dated December 5, 2023.
Following council questions, Vice Mayor Landry asked if anyone from the public wished to speak.
There were no public speakers.
General council consensus in support of the program as well as expressing caution to not rely solely on grant funding and continue to look for additional ways to fund the program.
After discussion, M/S: Scozzola/Furtado – That the City Council adopt resolution 13091 approving the purchase of two DJI Matrice M30T drones 4 Packet Pg. 20
Minutes Acceptance: Minutes of Dec 5, 2023 7:30 PM (CONSENT CALENDAR)
Minutes of December 5, 2023 City Council Meeting Page 10 and associated equipment using the Organized Retail Theft (ORT) and Supplemental Law Enforcement Services Fund (SLESF) grant funds. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Scozzola
SECONDER: Furtado
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
18. Approval of FUSUS Contract and Dispensing of Bidding Requirements as Specified in Campbell Municipal Code Section 3.20.030(7) (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution approving a three-year contract with FUSUS and authorizing the City Manager to sign the contract and dispense with bidding requirements as specified in Campbell Municipal Code Section 3.20.030(7).
Police Captain, Ian White presented a staff report dated December 5, 2023.
Following council questions, Vice Mayor Landry asked if anyone from the public wished to speak.
There were no public speakers.
General council consensus in support of the program as well as expressing caution to not rely solely on grant funding and continue to look for additional ways to fund the program.
After discussion, M/S: Scozzola/Lopez – That the City Council adopt Resolution 13092 approving a three -year contract with FUSUS and authorizing the City Manager to sign the contract and dispense with bidding requirements as specified in Campbell Municipal Code Section
3.20.030(7). The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Scozzola
SECONDER: Lopez
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
19. 2024 City Council Meeting Schedule (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a Resolution approving the 2024 City Council meeting schedule.
City Clerk Sanders presented a staff report dated December 5, 2023.
Vice Mayor Landry asked if anyone wished to speak. There were no public speakers.
Council discussed which meetings to cancel for summer and winter recess. They opted to cancel the August 6 meeting for summer recess and to attend National Night Out events. Due to Election Day, council moved November 5 to 4 Packet Pg. 21
Minutes Acceptance: Minutes of Dec 5, 2023 7:30 PM (CONSENT CALENDAR)
Minutes of December 5, 2023 City Council Meeting Page 11 Wednesday, November 6. Council also opted to cancel January 7 for winter recess, and move the January 21 meeting to Monday, January 13.
M/S: Furtado/Lopez – That the City Council adopt Resolution 13093 cancelling the August 6, 2024 meeting; cancelling the November 5, 2024 meeting and rescheduling to November 6, 2024; cancelling the January 7, 2025 meeting; cancelling the January 21, 2025 meeting and rescheduling to January 13, 2025. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Furtado
SECONDER: Lopez
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
UNFINISHED BUSINESS
There was no unfinished business.
COUNCIL COMMITTEE REPORTS
20. Council Committee Reports
Recommended Action: That the City Council report on activities from their committee assignments.
Mayor Bybee attended the Downtown Campbell Business Association Carol of Lights celebration.
Vice Mayor Landry attended the Advisory Commission Recognition Dinner; and attended the Education Subcommittee tour of the Campbell Union School District’s Corporation Yard kitchen facility.
Councilmember Lopez attended the Advisory Commission Recognition Dinner.
ADJOURN
Vice Mayor Landry, adjourned the meeting at 9:26 PM.
APPROVED:
ATTEST:
Anne Bybee, Mayor
Kristen Epolite, Deputy City Clerk
4 Packet Pg. 22
Minutes Acceptance: Minutes of Dec 5, 2023 7:30 PM (CONSENT CALENDAR)
City
Council
Report
TITLE: Approving Bills and Claims
RECOMMENDED ACTION
Approve the bills and claims in the amount of $903,574.50
DISCUSSION
The bills and claims that have been audited and approved by staff for payments made as noted below:
Type Check Date Amount
Bills & Claims November 20, 2023 $428,629.31
Payroll November 23, 2023 $33,138.71
Bills & Claims November 27, 2023 $441,806.48
Total $903,574.50
FISCAL IMPACT
Requested action does not require a budget adjustment. Adequate funding was available to cover all expenses as listed.
Prepared by:
Celia Deniz, Accounting Clerk II
Reviewed by:
Norite Vong, Finance Manager
Item: 5
Category: CONSENT CALENDAR
Meeting Date: December 19, 2023
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Approving Bills and Claims Page 2 of 2
Approved by:
Brian Loventhal, City Manager
5 Packet Pg. 24
City
Council
Report
TITLE: Monthly Investment Transactions Report (November 2023)
RECOMMENDED ACTION
That the City Council review and accept the Monthly Investment Transactions Report for November 2023.
BACKGROUND
As required by California Government Code (GC) Section 53607, staff will submit to the City Council Monthly Investment Transaction Reports within 45 days of the prior month end that show a listing of investments purchased, sold, called, or that have reached maturity, along with any Local Agency Investment Fund ( LAIF) transfers. This is in addition to the Quarterly Investment Report, which shows a number of other items listed under Section VII.A of the City’s Investment Policy and is also submitted to the City Council within 45 days from the end of the prior quarter.
DISCUSSION
This Monthly Investment Transaction Report covers November 2023. As shown in Attachment A, staff made $1.2 million in deposits along with $2.6 million in withdrawals with the City’s Local Agency Investment Fund (LAIF) to manage weekly expenditures .
The monthly LAIF investment rate rose to 3.843% in November . $130,000 was withdrawn from the MEAS O 2020 bond proceeds account to cover October’s project related expenditures. The City ’s $1.0 million 30-day CD matured, earning $4 ,000 interest and the entire balance rolled over to a new CD earning 4.859%. And $9,000 in Bank of New York ( BNY) investment interest was deposited into the City’s Wells Fargo cash account . Consistent with the recommended FY 2023-24 Investment Strategy approved by the City Council on September 5 , 2023 staff continues to watch for moderately long-term investment opportunities outside of LAIF , as interest rates remain high to provide the highest yet still safe return s, consistent with the City’s Investment Policy. Please note that all investment purchases made adhere to the City’s Investment Policy.
FISCAL IMPACT
There is no fiscal impact associated with the review and acceptance of the Monthly Item: 6
Category: CONSENT CALENDAR
Meeting Date: December 19, 2023
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Monthly Investment Transactions Report (November 2023) Page 2 of 2 Investment Transactions Report.
Prepared by:
John Formale, Accountant
Reviewed by:
Will Fuentes, Finance Director
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Monthly Investment Activity Report-11.30.23
6 Packet Pg. 26
CITY OF CAMPBELL
Monthly Investment Transactions Report
November 1 to Nvember 30, 2023
Account Trans. Date Nov 2023
LAIF - ******133, Main account
Average Monthly Yield 3.843%
Beginning Balance 16,864,555$
Transactions
Withdrawal 11/08/2023 (900,000)
Withdrawal 11/13/2023 (600,000)
Deposit 11/20/2023 600,000
Withdrawal 11/21/2023 (600,000)
Deposit 11/21/2023 600,000
Withdrawal 11/27/2023 (500,000)
Monthly Total (1,400,000)
Ending Balance 15,464,555$
Account Trans. Date Nov 2023
LAIF - ******031, MEAS O, Series 2020
Average Monthly Yield 3.843%
Beginning Balance 16,195,000
Transactions
Principal drawdown- MEAS O October expenditures (130,000) Monthly Total (130,000)
Ending Balance 16,065,000$
Account Trans. Date Nov 2023
LAIF - ******032, MEAS O, Series 2022
Average Monthly Yield 3.843%
Beginning Balance 31,455,000
Transactions -
Ending Balance 31,455,000$
Account Trans. Date Nov 2023
Bank of Montreal (BMO) Certificates of Deposit******369 1,000,000 Transactions
CD maturity, 4.848%, 1 month 11/17/2023 (1,000,000)
CD rollover, 4.859%, 1 month (including interest earned) 11/17/2023 1,004,126 Monthly Total 4,126
Ending Balance 1,004,126$
Account*** Trans. Date Nov 2023
Bank of New York (BNY) - ******818
Beginning Balance 26,999,860$
Transactions -
Ending Balance 26,999,860$
***BNY Investment interest received and posted to Wells Fargo cash account 9,250$
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Attachment: Monthly Investment Activity Report-11.30.23 (Monthly Investment Transactions Report (November 2023)) City
Council
Report
TITLE: Accept the Resignation of Gary Coluccio from the Civic Improvement Commission
RECOMMENDED ACTION
That the City Council accept the resignation of Gary Coluccio from the Civic Improvement Commission and direct the City Clerk to advertise the vacancy and prepare the Notice of Unscheduled Vacancy.
DISCUSSION
At its meeting of November 21, 2023, the City Council accepted the resignation of Thomas Russell from the Civic Improvement Commission and direct ed the City Clerk to advertise the vacancy and prepare the Notice of Unscheduled Vacancy. This recruitment is still open, and the City Clerk’s Office is currently accepting applications.
On December 12, 2023, Civic Improvement Commissioner Gary Collucio submitted a letter of resignation, effective immediately. Commissioner Coluccio stated will no longer be able to fulfill h is commitment of serving on the Civic Improvement Commission.
Attached is an e-mail from Commissioner Coluccio stating his resignation.
City Council Policy 1.9a states that the City advisory commissions (with the exception of the Building Board of Appeals and Landlord Representatives on the Rental Increase Fact Finding Committee) shall be limited to persons residing within the City limits. Staff recommends the City Council accept the resignation and direct the City Clerk to prepare the Notice of Unscheduled Vacan cy. At that time, the City Clerk will recruit for one (1) short-term position expiring August, 2026.
FISCAL IMPACT
There is no fiscal impact associated with accepting the resignation of Commissioner Collucio from the Civic Improvement Commission and preparing the Notice of Unscheduled Vacancy.
Item: 7
Category: CONSENT CALENDAR
Meeting Date: December 19, 2023
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Accept the Resignation from the Civic Improvement Commission Page 2 of 2 Prepared by:
Andrea Sanders, City Clerk
Approved by:
Brian Loventhal, City Manager
Attachment:
a. G. Coluccio Resignation
7 Packet Pg. 29
7.a
Packet Pg. 30
Attachment: G. Coluccio Resignation (Accept the Resignation from the Civic Improvement Commission) City
Council
Report
TITLE: 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
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.
BACKGROUND
On July 31, 2023, the City Council adopted Resolution No. 13024 which authorized the issuance of payment to Burr Plumbing (Burr) for all services rendered to -date on the emergency gas line repairs at the Campbell Community Center. The circumstances prompting staff’s initial service request, and the work performed thereafter, also permitted the dispensation of formal bidding procedures as specified in Campbell Municipal Code Sections 3.20.050 and 3.20.030(3), and California State Public Contracts Code (PCC) Section 20168 for services in response to emergency situations threatening the health, safety, or welfare of the public that necessitate this exemption.
Furthermore, the City Council was informed of outstanding repairs that were still required before PG&E could authorize the restoration of gas services to the remainder of the property, and the opportunity it presented to address critical system deficiencies by implementing other upgrades at the same time. To facilitate these efforts, staff would develop a scope of work and identify a funding strategy to minimize fiscal impacts – with results presented to City Council during a later meeting date where staff would request approval to proceed with the additional repairs, and their associated costs, at that time.
Item: 8
Category: CONSENT CALENDAR
Meeting Date: December 19, 2023
8 Packet Pg. 31
Updates on Remaining Gas Line Repairs at CCC Page 2 of 4 In August 2023, staff finalized the scope of work for the remaining emergency gas line repairs and conducted an informal bid process to solicit proposals from qualified vendors. After evaluating the proposals received, staff selected Burr based on their results as the lowest, responsive bidder ($290,180) and qualifications to complete the remaining repairs in a timely and efficient manner. The results of these efforts were presented during the September 19, 2023, regular meeting, where the City Council approved and awarded a contract to Burr Plumbing upon declaring that the public interest and necessity to complete these emergency repairs demanded the immediate expenditure of public money to safeguard life, health, or property from the multiple gas line leaks detected at the Community Center.
Since the anticipated repairs are a continuation of the emergency services that were previously exempt from the City’s formal bidding procedures, their implementation is also subject to the terms set forth in PCC Section 22050 which states that ‘… the governing body shall review the emergency action at its next regularly scheduled meeting and, except as specified below, at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four -fifths vote, that there is a need to continue the action.
DISCUSSION
In accordance with the state’s requirements, staff will provide an update to the City Council at each regularly scheduled City Council meeting until the repairs are complete.
Each update will contain information on the work performed to date and request Council’s authorization to continue with subsequent repairs as they apply to the progress of work completed at that time.
As such, the following lists all work that has been completed, or still in progress, since the last updates provided to the City Council during the December 5, 2023 , regular meeting:
Date(s) Work Completed or Still in Progress
December 6, 2023 (±) Completed: Installation and commissioning of gas lines to Building B
NEXT STEPS
Based on the work completed and/or still in progress, the following is a tentative schedule for all upcoming (anticipated) work/activities for the emergency gas line repairs:
Anticipated Work / Activity Estimated Date(s)
8 Packet Pg. 32
Updates on Remaining Gas Line Repairs at CCC Page 3 of 4 Installation of new main gas line to Building A,
Building Q, and Heritage Theatre (includes site
modifications/preparations, above and
underground pipe installations, building tie-ins, and
final pressure testing)
December 6 – 22, 2023 (±)
Final full gas line commissioning and testing December 22 – 29, 2023 (±) At this time, staff is requesting Council’s authorization to continue with these efforts as specified in the above schedule for anticipated work/activities and their estimated dates of completion. Staff will return at the next regularly scheduled City Council meeting on January 22, 2024, to provide the Council with additional updates and request authorization to either continue with subsequent repairs or proceed with the closeout and acceptance process should all repairs be completed at that time.
FISCAL IMPACT
There is no fiscal impact with the associated action.
ALTERNATIVES
1. Do not accept the updates and/or authorization to proceed with subsequent repairs.
2. Provide alternative direction to staff.
Prepared by:
Carina Shattuck, Administrative Analyst I
Reviewed by:
Todd Capurso, Director of Public Works
Approved by:
8 Packet Pg. 33
Brian Loventhal, City Manager
Attachment:
a. Resolution
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ACCEPTING
UPDATES ON THE PROGRESS OF REMAINING EMERGENCY GAS LINE REPAIRS AT THE
CAMPBELL COMMUNITY CENTER AND AUTHORIZING SUBSEQUENT REPAIRS PER THE
EXECUTED CONTRACT SERVICE 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 SITUATION, 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 NO NEED TO CONTINUE THE ACTION (RESOLUTION/CONSENT) WHEREAS, on July 31, 2023, the City Council adopted Resolution No. 13024 which authorized the issuance of payment to Burr Plumbing (Burr) for all services rendered to-date on the emergency gas line repairs at the Campbell Community Center; and
WHEREAS, the circumstances prompting staff’s initial service request, and the emergency work performed thereafter, also permitted the dispensation of formal bidding procedures as specified in Campbell Municipal Code Sections 3.20.050, and 3.20.030(3) for emergency situations threatening the health, safety, or welfare of the public that necessitate this exemption; and WHEREAS, the City Council was also informed of outstanding repairs that were still required before PG&E could restore gas services to the remainder of the property – including staff’s plans to develop a scope of work and present the results of these efforts to Council during a later meeting date; and WHEREAS, results were presented during the September 19, 2023, regular meeting, where the City Council subsequently approved an agreement with Burr, in an amount not to exceed $290,180, after declaring that the public interest and necessity to complete these emergency repairs demanded the immediate expenditure of public money to safeguard life, health, or property , as pursuant to California State Public Contracts Code (PCC) Section 20168; and WHEREAS, since the anticipated repairs are exempt from the City’s formal bidding process, their implementation is subject to the terms set forth in PCC Section 22050 which states that the governing body shall review the 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; and WHEREAS, in accordance with the State’s requirements, the following lists all work that has been completed, or is still in progress, since the last updates provided to the City Council during the December 5, 2023, regular meeting:
• December 6, 2023 (±) – Completed: Installation and commissioning of gas lines to Building B; and
WHEREAS, based on the work completed and/or still in progress , the following is a tentative schedule for upcoming (anticipated) work/activities as related to the emergency gas line repairs:
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Packet Pg. 35
Attachment: Resolution (Updates on Remaining Gas Line Repairs at CCC) • December 6 – 22, 2023 (±) – Installation of new main gas line to Building A, Building Q, and Heritage Theatre (includes site modifications/preparations, above and underground pipe installations, building tie-ins, and final pressure testing) • December 22 – 29, 2023 (±) – Final full gas line commissioning and testing; and WHEREAS, staff is requesting Council’s authorization to continue with these efforts as specified in the above schedule for anticipated work/activities and their estimated dates of completion.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Campbell hereby: 1) accepts the updates on the progress of the remaining emergency gas line repairs at the Campbell Community Center ; and 2) 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 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 situation, 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.
BE IT FURTHER RESOLVED, upon Council’s authorization, staff will return at the next regularly scheduled City Council meeting on January 22, 2024, to provide the Council with additional updates and request authorization to either continue with subsequent repairs or proceed with the closeout and acceptance process should all repairs be completed at that time.
PASSED AND ADOPTED this _____th day of ________, 2023, by the following roll call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
APPROVED:
_________________________________
Anne Bybee, Mayor
ATTEST:
___________________________
Andrea Sanders, City Clerk
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Packet Pg. 36
Attachment: Resolution (Updates on Remaining Gas Line Repairs at CCC)
City
Council
Report
TITLE: Approval of a Grant Agreement with Silicon Valley Clean Energy for the Community Resilience Program and Reallocate the $197,972 in Associated Grant Funds to Purchase an Electric Vehicle and Solar Powered Mobile EV Charging Station for the Campbell Service Center and for the Finance Director to Prepare Associated Budget Adjustments
RECOMMENDED ACTION
That the City Council adopt a resolution: 1) approving a grant agreement with Silicon Valley Clean Energy in the amount of $197,972; 2) authorizing the City Manager to execute the grant agreement in accordance with Campbell Municipal Code Section
3.20.100; 3) authorizing the reallocation of the $197,972 in associated grant funds to purchase a Ford F -150 Lightning Pro Electric Truck and a solar powered mobile EV charging station for the City’s Service Center; 4) authorizing staff the to dispense with its formal bidding procedures as specified in the exemptions of Campbell Municipal Code (CMC) Section 3.20.030(6), and purchasing policies of 3.20.070, which allow the City to procure goods and services through its membership with Sourcewell (a Cooperative Purchasing Firm) and its use of the California e -Procurement Statewide Contract and Leveraged Procurement Agreements; and 5) authorizing the Finance Director to Prepare Associated Budget Adjustments
BACKGROUND
Silicon Valley Clean Energy (SVCE) is a Joint Power Authority (JPA) that provides clean electricity and resources to residents and businesses operating throughout thirteen municipalities in Santa Clara County – including the City of Campbell. Over the years, the organization has offered several grant programs to support local agencies in their efforts to implement renewable energy projects that promote long -term energy conservation and cost savings. Most of these programs require an agency to apply for funding via a grant application process, which in turn, is evaluated by SVCE for eligibility. For those agencies who qualify, SVCE provides a grant agreement to be used on the development and implementation of a qualifying improvement project.
In recent years, the City of Campbell has received funding from two separate SVCE Community Grant programs for the implementation of energy -efficient features into the scope of work for both Measure O Projects (the Police Operations Building, No. 23 -RR, and the Library Renovations Project, No. 23 -SS). One of these grants, known as the Item: 9
Category: CONSENT CALENDAR
Meeting Date: December 19, 2023
9 Packet Pg. 37
Grant Agreement with SVCE Page 2 of 6
Community Resilience Program, was introduced by SVCE in 2021 with the intention of supporting critical facilities and/or community services during a power outage by enabling self-sufficient access to power and decreasing the overall risk of an outage by way of zero carbon emissions. As a non-competitive grant open to all member agencies under the jurisdiction of SVCE, the program presented an opportunity for agencies to apply for an allocation of funding that could be used for planning and development costs to implement energy resilient improvement features into their qualifying projects – with a maximum award amount based on each agency’s proportion of electrical usage (load) as determined by SVCE.
In accordance with the grant’s terms of use, agencies could apply for Resilience Program funds and use their initial allocation towards the planning and development costs associated with evaluating potential project sites and improvements. Later, the agency would be required to execute a grant agreement with SVCE specifying the use of the remaining grant funds as they apply to the project site selected and improvements to be implemented. Within this framework, the City evaluated several of its own sites/facilities for potential improvements that would meet the program’s objectives while remaining within budget (of the amount allocated) for their anticipated planning and/or implementation costs. During that time, staff also submitted an application to the program on behalf of the City with a request for funds to help facilitate these efforts.
Shortly thereafter, the City was notified that it qualified for an allocation of $237,566 in funding through this program – with the allocation of those funds subsequently broken down into two sub -categories: 1) Planning/Design ($39,594) and 2) Capital Improvements ($197,972). The planning and design funds ($39,594) were allocated to the initial evaluation and assessment of several sites to help the City identify potential improvement projects and paid to a third -party consultant through SVCE. After staff’s review of the consultant’s recommendations, the Measure O – Police Operations Building Project (No. 23 -RR) was determined to be the most appropriate site based on the critical nature of services it provides to members of the community and the need to maintain those operations at all times (emergency or otherwise). With the recommendation of the Police Operations Building site, the Capital Improvement funds ($197,972) were fully allocated to the project’s budget for the installation of a stand - alone (off -grid) electric vehicle (EV) charging station during the project’s construction phase.
On April 4, 2023, the City Council approved a resolution (No. 12961) authorizing the City Manager to execute two grant agreements with SVCE on behalf of each Measure O Project and the respective grant program for which it qualified to receive funding for.
As stated in their respective agreements, the allocation of $197,972 in Capital Improvement funds from SVCE’s Community Resilience Program would be reflected in the City’s CIP budget for the Police Operations Building Project (No. 23 -RR) and reserved for the implementation of the EV charging station, while the $500,000 awarded on behalf of their Community Decarbonization Demonstration Program would be fully allocated to the Library Renovations Project (No. 23 -SS) for the re -design of various 9 Packet Pg. 38
Grant Agreement with SVCE Page 3 of 6
electrical improvements into the project’s existing scope of work and their later implementation during the construction phase.
Around that same time, the plans, specifications, and cost estimates (PS&E) for the Police Project were being finalized as staff began preparations to invite the pre-qualified firms to bid on the project . As part of these same efforts, staff incorporated the EV charging station as a separate ‘add alternate item’ in the construction bid to ensure that 1) the allocation of SVCE funds would only be used for its installation during the construction phase, and 2) staff would have the option to remove the item should the construction bid results exceed the final Engineer’s Estimate ($242,314) and/or the amount of SVCE funds available for its implementation ($197,972).
When construction bids were opened in October 2023, the costs submitted by the apparent low bidder (Lathrop Construction, Inc.) for the solar EV charging station (add alternate item) was bid at $841,000 – an amount significantly higher than both the Engineer’s Estimate and the amount of grant funds available from SVCE to incorporate that specific element into the project. With the add alternate item substantially overbudget, a subsequent financial analysis prepared by staff included a recommendation for the City Council to consider eliminating the solar EV charging station from the construction contract award, and in doing so, remove the associated SVCE grant funds from the project’s current budget and reallocate the resources to a different (qualifying) project.
In November 2023, the City Council approved the construction contract for the Measure O – Police Operations Building Project and its award to Lathrop Construction Inc. At the same time, the Council approved to award the contract without the bid’s add alternate item (i.e., solar EV charging station) and authorized staff to execute the necessary budget adjustments to defund (reallocate) the $197,972 in associated SVCE grant funds from the project’s current budget to the balance of a different project to be determined by staff at a later time. As such, staff would ensure that whatever improvement project was selected met the requirements of SVCE’s Resilience Program.
DISCUSSION
With these latest developments, staff has worked diligently with SVCE to explore several improvement projects that meet the requirements of their Resilience Program while remaining within budget of the amount previously allocated to the City for the Police Department Project ($197,972). During this time, staff discovered that the City of Gilroy is currently in the process of executing a grant agreement with SVCE to use its allocation of program funds for the purchase of an electric vehicle and solar -powered EV charging station. As such, SVCE has encouraged the City to consider a similar procurement based on the specifications that meet their program’s requirements and the ability to remain within the budget of the grant allocation.
After further research, staff has developed a plan to reallocate the SVCE grant funds towards the purchase of a Ford F -150 Lightning Pro (all -electric truck) and PairTree 9 Packet Pg. 39
Grant Agreement with SVCE Page 4 of 6
Mobile Solar-Powered EV Charging Station for installation at the City’s Service Center.
The Ford F-150 Lightning Pro was selected for its resiliency features, including a Mega Power “Frunk” (front trunk) that incorporates four on -board 120V outlets and allows the truck to power appliances while out in the field – a capability that serves as a valuable resource during significant power outages. Additionally, a mobile solar -powered EV charging station enables grid -independent charging for the Lightning Pro Truck and is equipped with additional outlets to charge and power essential devices during grid outages. Having a mobile EV charging station would also allow the City to move the station as needed with no site modifications required for its removal and subsequent installation to a new location.
Staff has also identified the California e -Procurement Statewide Contract as a timely and cost-efficient funding mechanism to facilitate the City’s purchase of the Ford F -150 Lightning Pro Truck through one of its Leveraged Procurement Agreement (LPA) and its participating vendors. The California e-Procurement Statewide Contract (and associated LPAs) provide s government agencies with access to pre -qualified vendors offering goods and services to public agencies at discounted and/or competitive rates. While researching the State’s e-Procurement database, staff discovered an LPA (Contract No. 1-22-23-20F) that listed a Ford F -150 Lightning Pro Truck available for purchase from Downtown Ford of Sacramento (Downtown Ford). As such, staff contacted Downtown Ford to request a quote based on the City’s purchase through the state -sponsored LPA.
In response, Downtown Ford submitted a quote with a total sale price of $70,158 – which reflects the base cost, sales tax, delivery fee, and various after -market add-ons features, as it applies to the purchase of a new 2024 Ford F150 Crew Cab 4x4 Lightning Pro Truck (see attachment C).
With regard to the EV charging station component, staff contacted Paired Power – a local vendor, located in Campbell, specializing in the sales and installation of EV charging stations and their related accessories – with inquiries about the pricing and availability of a mobile charging unit that could meet the charging requirements of the Ford Lightning Truck and be easily relocated as needed. During these inquiries, staff was also informed of Paired Power’s partnership with EV Connect – a separate software company that provides the programming services for many of the charging units sold and/or installed by Paired Power. Furthermore, EV Connect is an approved vendor through Sourcewell (a Cooperative Purchasing Firm), which allows them to extend discounted prices to customers on behalf of their partner vendors (i.e., Paired Power). Through their contract with Sourcewell, EV Connect provided an informal quote to the City for the purchase of Paired Power’s PairTree Dual Port Charging Station (as coordinated directly through Paired Power) and the hardware installation and network subscription services to be provided by EV Connect, for the total amount of $78,936 – a discounted price via the City’s membership with Sourcewell. EV Connect is in the process of preparing a formal quote to be submitted to the City upon completion of the grant process.
The procurement strategies being used to purchase the Ford Lightning Electric Truck through the California e -Procurement Statewide Contract/LPA, and EV charging station 9 Packet Pg. 40
Grant Agreement with SVCE Page 5 of 6
through the City’s membership with Sourcewell, have both met the requirements set forth in the City’s purchasing polices and allow staff to dispense with the City’s formal bidding procedures as specified in the exemptions listed under Campbell Municipal Code (CMC) Section 3.20.030(6). Furthermore, CMC Section 3.20.070 states that the City can elect to make purchases of supplies, materials and/or equipment through the State of California, the County of Santa Clara or any other California county or municipality – further supporting the City’s purchase of the Ford Lightning Truck by way of a state-sponsored LPA.
NEXT STEPS
Per the terms of SVCE’s Community Resilience Program, should an agency decide to apply their original allocation of grant funds towards an improvement project that differs from the one specified in a previously executed grant agreement, the agency would be required to submit an updated application and execute a new grant agreement with SVCE reflecting those changes. Therefore, staff submitted an updated application to SVCE, and in turn, was instructed to incorporate those details into the terms of the updated grant agreement for subsequent execution.
SVCE requires that all agencies execute their grant agreements for the Resilience Program no later than December 31, 2023. To ensure the City’s compliance with this timeline, staff is requesting that the City Council authorize the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100 and authorize staff to apply the reallocation of $197,972 in associated grant funds to the subsequent purchase of a Ford F -150 Lightning Pro (electric truck) and a PairTree Mobile Solar-Powered EV Charger for implementation at the City’s Service Center.
Upon Council authorization, staff will incorporate the applicable details into SVCE’s updated grant agreement (see attachment B) and prepare a final copy for distribution to all appropriate parties for their review and signatures. Once executed, staff will coordinate with Downtown Ford and EV Connect/Paired Power to facilitate the procurement of the identified products and their delivery and installation at the Service Center.
FISCAL IMPACT
Sufficient grant funds are available to cover the combined total cost for the purchase of the Ford F -150 Lightning Pro Electric Truck and PairTree Mobile EV Charging Station ($149,094) – with a projected surplus of approximately $48,878 in associated grant funds remaining. As such, the balance of these remaining grant funds will be retained for contingency purposes and applied to cover any additional costs that may be incurred during the procurement and/or implementation process. The SVCE grant allocation and subsequent use of associated funds is reflected in the attached budget adjustment form for FY 2023-24.
ALTERNATIVES
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Grant Agreement with SVCE Page 6 of 6
1. Do not execute an updated grant agreement with SVCE and reallocation of funds.
2. Provide alternative direction to staff.
Prepared by:
Peri Newby, Environmental Program
Specialist
Reviewed by:
Todd Capurso, Director of Public Works
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Resolution
b. SVCE Community Resilience Program Grant Agreement
c. Ford F-150 Lightening Pro Quote 12.08.23
d. Budget Adjustment Form
9 Packet Pg. 42
RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF CAMPBELL APPROVING A
GRANT AGREEMENT WITH SILICON VALLEY CLEAN ENERGY IN THE AMOUNT OF $197,972; 2) AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT
AGREEMENT IN ACCORDANCE WITH CAMPBELL MUNICIPAL CODE SECTION
3.20.100; 3) AUTHORIZING THE REALLOCATION OF $197,972 IN ASSOCIATED GRANT FUNDS TO PURCHASE A FORD F-150 LIGHTNING PRO ELECTRIC TRUCK AND SOLAR POWERED MOBILE EV CHARGING STATION FOR THE CITY’S SERVICE CENTER; 4) AUTHORIZING STAFF TO DISPENSE WITH ITS FORMAL
BIDDING PROCEDURES AS SPECIFIED IN THE EXEMPTIONS OF CAMPBELL MUNICIPAL CODE SECTION 3.20.030(6), AND PURCHASING POLICIES OF SECTION
3.20.070, WHICH ALLOW FOR THE PROCUREMENT OF GOODS AND SERVICES THROUGH THE CITY’S MEMBERSHIP WITH SOURCEWELL (A COOPERATIVE
PURCHASING FIRM) AND ITS USE OF THE CALIFORNIA E-PROCUREMENT STATEWIDE CONTRACT AND LEVERAGED PROCUREMENT AGREEMENTS; AND 5)
AUTHORIZING THE FINANCE DIRECTOR TO PREPARED ASSOCIATED BUDGET
ADJUSTMENTS
WHEREAS, in 2021, Silicon Valley Clean Energy (SVCE) , a Joint Power Authority (JPA), introduced a non-competitive grant, known as the Community Resilience Program, to its member agencies with the opportunity to apply for an allocation of funding supporting improvement features that enable self-sufficient access to power during outages by way of zero carbon emissions; and
WHEREAS, in 2022, the City of Campbell applied for the Community Resilience Program , and received an allocation of $237,566 in grant funds from SVCE which were subsequently broken down into two sub -categories: Planning/Design ($39,594) and Capital Improvements ($197,972); and
WHEREAS, the planning and design funds ($39,594) were allocated to the evaluation of various sites (to help identify a qualifying project) and paid to a third-party consultant through SVCE; and
WHEREAS, after staff’s review of the evaluations, the Measure O – Police Operations Building project (No. 23-RR) was selected based on the critical nature of services it provides to members of the community , and in turn, would receive the full allocation of Capital Improvement funds ($197,972) for the installation of a stand-alone (off-grid) electric vehicle (EV) charging station; and
WHEREAS, on April 4, 2023, the City Council approved Resolution No. 12961 authorizing the execution of a grant agreement with SVCE for the allocation of $197,972 in Community Resiliency grant funds to the Police Project for the EV charging station to be installed during its construction; and
WHEREAS, when construction bids were opened in October 2023 , the amount proposed by the lowest bidder (Lathrop Construction, Inc.) for the EV charging station ($841,000) had significantly exceeded the final Engineer’s Estimate ($242,341) and the amount of grant funds available from SVCE ($197,972); and
WHEREAS, in November 2023, the City Council proceeded to award the construction contract for the Police Project to Lathrop Construction, Inc. without the EV charging station, and authorized the subsequent reallocation of $197,972 in associated SVCE grant funds from the project’s current
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Attachment: Resolution (Grant Agreement with SVCE)
budget to the balance of a different project that would be determined by staff at a later time; and WHEREAS, as a result of those efforts, staff developed a plan to reallocate the SVCE grant funds towards the purchase of a Ford F -150 Lightning Pro (electric truck) and PairTree Mobile Solar- Powered EV Charging Station for the City’s Service Center; and WHEREAS, in accordance with the terms specified in Campbell Municipal Code (CMC) Sections
3.20.030(6) and 3.20.070 , staff has identified the California e -Procurement Statewide Contract , and its membership with Sourcewell, as timely and cost-efficient funding mechanisms which allow the City to dispense with its bidding procedures and expedite the procurement process; and WHEREAS, through one of the state’s Leveraged Procurement Agreements (LPA) (Contract No. 1-22-23-20F), staff received a quote from Downtown Ford of Sacramento (Downtown Ford) for the purchase of a new Ford F-150 Lightning Pro Electric Truck, in the total amount of $70,158; and WHEREAS, through the City’s membership with Sourcewell, staff has also received an informal quote from one of their certified vendors, EV Connect, for the purchase of Paired Power’s PairTree Dual Port Charging Station, and the related hardware installation and network subscription services, for a total amount of $78,936; and
WHEREAS, with SVCE requiring all agencies to execute their grant agreements for the Resilience Program no later than December 31, 2023, staff is requesting that the City Council authorize the City Manager to execute said agreement and allow staff to proceed with the reallocation of $197,972 in associated grant funds towards the purchase of a Ford F-150 Lightning Pro Electric Truck and PairTree Mobile EV Charger; and
WHEREAS, with sufficient funding available to cover the combined total cost of this purchase, staff recommends retaining the approximately $ 48,878 in projected surplus funds for contingency purposes to cover any additional costs that may be incurred during the procurement and/or implementation process.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Campbell hereby approves a grant agreement with Silicon Valley Clean Energy; and 2) authorizes the City Manager to execute the grant agreement in accordance with Campbell Municipal Code Section 3.20.100; 3) authorizes the reallocation of $197,972 in associated grant funds to purchase a Ford F -150 Lightning Pro Electric Truck and solar powered mobile EV charging station for the City’s Service Center; 4) authorizes staff to dispense with its formal bidding procedures as specified in the exemptions of Campbell Municipal Code (CMC) Section 3.20.030(6), and purchasing policies of Section 3.20.070, which allow the City to procure goods and services through its membership with Sourcewell (a Cooperative Purchasing Firm) and its use of the California e-Procurement Statewide Contract and Leveraged Procurement Agreements; and 5) authorizes the Finance Director to prepare associated budget adjustments.
PASSED AND ADOPTED this 19th day of December 2023, by the following roll call vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
APPROVED:
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Attachment: Resolution (Grant Agreement with SVCE)
_________________________________
Anne Bybee, Mayor
ATTEST:
___________________________
Andrea Sanders, City Clerk
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Attachment: Resolution (Grant Agreement with SVCE)
-1-
12955-0001\2487827v1.doc
SILICON VALLEY CLEAN ENERGY
COMMUNITY RESILIENCE PROGRAM – CAPITAL
PROJECTS GRANT AGREEMENT
THI
S AGREEMENT is made and effective as of _________, 2023 (“Effective Date”), by and between the SILICON VALLEY CLEAN ENERGY AUTHORITY ("SVCE"), an independent public agency, and the City of Campbell, a Municipal Corporation (“Recipient”). In consideration of the covenants, conditions and undertakings set forth herein, the parties agree as follows:
1. RECI
TALS. This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct:
A. SVCE’s community resilience program (“Program”) will provide $5M in grants to member jurisdictions to plan and develop resilience projects. The grant maximum for each jurisdiction is based on proportion of load as determined by SVCE.
B. As a condition of eligibility to receive funding under the Program, projects must:
(1) support a critical facility and/or provide community services during a power outage; (2) enable self-sufficient access to power during an outage, or decrease the risk of power outages; and (3) be zero carbon.
C. Recipient submitted an application for Program funding, attached hereto and incorporated herein as Exhibit A, for installation of energy resilience infrastructure (“Project”).
The scope and estimated budget for the Project are attached hereto and incorporated herein as Exhibit B.
D. SVCE finds that the use of Grant Funds described herein furthers a public purpose and meets the goals and objectives established for the Program, and desires to award Recipient a one-time grant pursuant to the terms of this Agreement.
2. GRANT. SVCE hereby agrees to provide funding to Recipient in an amount not to exceed $197,972, subject to the provisions of this Agreement (“Grant Funds”). Such Grant Funds shall be disbursed to Recipient on a reimbursement basis. It is agreed and understood that the Grant amount is a ceiling and that SVCE will only reimburse the allowable cost of services actually rendered as authorized by SVCE at or below the Grant amount established herein.
3. REIMBURSEMENT OF GRANT FUNDS. Grant Funds shall be reimbursed pursuant to the following process:
A. SVCE shall reimburse Recipient for its actual and reasonable costs of constructing the Project up to the agreed upon Grant Funds.
B. Requests for payment submitted to SVCE shall include: 1) an itemized list of all expenditures; 2) supporting documentation that clearly identifies the expenditure(s) in relation to the scope of the Project set forth in Exhibit B of this Agreement; and 3) the Job Impacts Data
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Collection Worksheet, attached hereto as Exhibit C. Payment requests should be aggregated and submitted no more often than once per month.
C. SVCE shall process requests for payment and remit payment within 30 days.
D. If, in SVCE’s sole discretion, the request for payment is incomplete, inadequate, or inaccurate, SVCE may dispute the invoice for reasonable cause and hold all or a portion of the payment request until all required information is received or corrected. Any penalties imposed on the Recipient by a contractor, or other consequence, because of delays in payment or other breach of the Agreement between the Recipient and the contractor are the responsibility of the Recipient and are not reimbursable under this Agreement.
E. Unless otherwise authorized by SVCE in writing, Recipient shall submit all documentation of Project completion, including a final request for payment, within sixty (60) days of Project completion.
F. Final payment of remaining Grant Funds, including any amounts withheld from previous payments, shall be paid up to the total amount of the actual Project cost, not to exceed the Grant Funds amount set forth in this Agreement, upon completion of the Project, receipt of the final report and final request for payment from the Recipient in a form and content satisfactory to SVCE.
4. USE OF GRANT FUNDS. Recipient shall use the Grant Funds to support the Program as set forth in Exhibits A and B. Any use(s) of Grant Funds not contemplated in this Agreement must be approved in writing by SVCE. This Agreement was awarded to Recipient based on the application submitted by Recipient with the intention that the awarded funds would be used to implement the Project as described in Exhibit A and Exhibit B. Any substantive deviation during Project implementation may require reevaluation or result in loss of funding. In no event shall Recipient’s Grant Funds or scope of work be increased. If Recipient knows or should have known that substantive changes to the Project will occur or have occurred, Recipient will immediately notify SVCE in writing. SVCE will then determine whether the Project is still consistent with the overall objectives of the Program and whether the changes would have negatively affected the Project ranking during the Grant evaluation process. SVCE reserves the right to have Grant Funds withheld from Recipient, or refunded to SVCE, due to Recipient’s failure to satisfactorily complete the Project or due to substantive changes to the Project.
5. TERM. This Agreement shall commence on the Effective Date, and shall remain and continue in effect until the final Grant Funds are paid to Recipient, unless sooner terminated pursuant to the provisions of this Agreement. Projects must be complete no later than December 31, 2023.
6. REPORTING AND RECORDS. Recipient agrees to cooperate with SVCE and provide requested information, if any, related to the use of Grant Funds and the Project, including for the purposes of SVCE’s evaluation, measurement, and verification activities for the Program.
Recipient will cooperate in good faith with SVCE or its authorized representative in performing evaluation, measurement and verification (EM&V) of the Program. Information accessed for EM&V may include, but is not limited to, onsite verification of Project operation, Program compliance, and Project records, analysis of facility billing metered data, analysis of data
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collected from facility-owned submetering, and collection of supplementary metered data on- site. All information collected will be held confidentially and will be used by SVCE or its authorized representative for Program analysis purposes only. Recipient is responsible for ensuring, through a separate agreement between Recipient and property owner, that property owner shall cooperate with SVCE to provide any documentation and assist in analysis and provide access to the Project site at reasonable times, during the construction of the Project and for a period of up to two (2) years from the completion of the Project. During the course of the Project and for three (3) years thereafter from the receipt of the final Grant Funds, the Recipient agrees to maintain, intact and readily accessible, all communications, data, documents, reports, records, contracts, and supporting materials relating to the Project, as SVCE may require. The Recipient agrees to have financial and compliance audits performed as SVCE may require.
7. LEGAL RESPONSIBILITIES. Recipient shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance under this Agreement. Recipient shall at all times observe and comply with all such ordinances, laws and regulations. SVCE, and its officers and employees, shall not be liable at law or in equity occasioned by failure of Recipient to comply with this Section.
8. PREVAILING WAGES. By accepting the Grant Funds, Recipient as a material term of this Agreement shall be fully responsible for complying with all California Public Works requirements including but not limited to payment of prevailing wage. Therefore, as a material term of this Agreement, to the extent required by California law, Recipient shall ensure that prevailing wages are paid, that the project budget for labor reflects these prevailing wage requirements, and that the project complies with all other requirements of prevailing wage law, including that Recipient’s subcontractors also comply with all applicable public works/prevailing wage requirements.
9. PROCUREMENT. At minimum, Recipient shall solicit at least three bids and select the lowest bidder when procuring goods or services, where the costs are eligible for reimbursement under this Agreement. In the event the Recipient is required by statute or policy to solicit additional bids or follow a more stringent solicitation process, Recipient shall follow such process. Recipient may also procure goods and services through California Government Code section 4217.10.
10. CALIFORNIA PUBLIC RECORDS ACT. Recipient acknowledges that SVCE is subject to the California Public Records Act (Gov. Code § 6250 et seq.). SVCE acknowledges that Recipient may submit information to SVCE that Recipient considers to be confidential, proprietary, or trade secret information. Only such information clearly designated in writing as “confidential” shall be deemed “Confidential Information.” Upon request or demand of any third person or entity (“Requestor”) for the production, inspection, and/or copying of Confidential Information, SVCE shall notify Recipient that such request has been made. Recipient shall be solely responsible for taking whatever legal steps are necessary to protect Confidential Information and to prevent its release to the Requestor. Without limiting SVCE’s right to disclose Confidential Information as may be required by law, if Recipient takes no such action after receiving the foregoing notice from SVCE, SVCE shall be permitted to release information it deems subject to disclosure.
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11. NOTICES. Any notices provided under this Agreement must be in writing and may be given either by mail or e-mail to the following addresses:
SVCE: Silicon Valley Clean Energy Authority
333 W. El Camino Real #330
Sunnyvale, CA 94087
Attention: Jessica Cornejo, Senior Program Specialist
RE
CIPIENT: City of Campbell
Public Works Department
70 North First Street
Campbell, CA 95008
Attention: Peri Newby, Environmental Program Specialist
12. I
NDEPENDENT CONTRACTOR.
A. Recipient shall at all times remain as to the SVCE a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Recipient shall at all times be under Recipient's exclusive direction and control. Neither SVCE nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of Recipient's officers, employees, or agents except as set forth in this Agreement. Recipient shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the SVCE. Recipient shall not incur or have the power to incur any debt, obligation or liability whatever against SVCE, or bind SVCE in any manner.
B. No employee benefits shall be available to Recipient in connection with the performance of this Agreement. Except for the fees paid to Recipient as provided in the Agreement, SVCE shall not pay salaries, wages, or other compensation to Recipient for performing services hereunder for SVCE. SVCE shall not be liable for compensation or indemnification to Recipient for injury or sickness arising out of performing services hereunder.
13. INDEMNIFICATION. Recipient shall indemnify, protect, defend and hold harmless SVCE, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which SVCE, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Recipient’s acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement.
14. INSURANCE.
A. On or before the commencement of the term of this Agreement, Recipient shall furnish SVCE with certificates showing the type, amount, class of operations covered, effective dates, and dates of expiration of insurance coverage in compliance with the requirements in this Section. Recipient shall maintain such coverage in full force at all times for the duration of this
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Agreement, at its sole cost and expense. Nothing herein shall be construed as a limitation on Recipient indemnification obligations under this Agreement.
B. Recipient shall maintain the following minimum insurance coverages:
1) Workers’ compensation, as required by the State of California; 2) Commercial general liability coverage with minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury and property damage. ISO occurrence Form CG 0001 or equivalent is required;
3) Comprehensive automotive liability coverage with minimum limits of $1,000,000 per accident for bodily injury and property damage. ISO Form CA 0001 or equivalent is required.
C. Such coverages shall be issued by an insurer(s) licensed to conduct business in the State of California, with a minimum A.M. Best’s Insurance Rating of A:VII unless otherwise approved in writing as satisfactory to SVCE.
D. The insurance limits required by SVCE are not represented as being sufficient to protect Consultant. Recipient is advised to confer with its insurance broker to determine adequate coverage for Recipient.
15. DEFAULT AND TERMINATION. Should an Event of Default occur, SVCE shall provide a notice of default to Recipient and shall give Recipient at least fifteen (15) calendar days from the date the notice is sent to cure the Event of Default. If Recipient fails to cure the Event of Default within the time prescribed, SVCE may, at SVCE’s sole discretion, withhold Grant Funds not yet disbursed hereunder, require the return or repayment of Grant Funds already disbursed, and/or terminate this Agreement by written notice which shall be effective upon receipt by Recipient. “Event of Default” shall mean the occurrence of any one or more of the following events by Recipient: (a) any false statement, representation, or warranty contained in this Agreement, the Application, or any other document submitted to SVCE; (b) failure to comply with applicable laws; (c) a failure to maintain in effect any policy of insurance required under this Agreement; or (d) a material breach of this Agreement.
16. NON-APPROPRIATION. Recipient acknowledges that SVCE is a public agency. In the event that sufficient funds for the performance of this Agreement are not appropriated by the SVCE Board of Directors in any fiscal year covered by this Agreement, this Agreement may be terminated by SVCE, without penalty, by giving notice to Recipient of such facts and of SVCE’s intention to terminate.
17. NON-WAIVER. Failure to exercise any right the SVCE may have or be entitled to, in the event of default hereunder, shall not constitute a waiver of such right or any other right in the event of a subsequent default.
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18. AMENDMENT OF AGREEMENT. No modification, rescission, waiver, release or amendment of any provision of this Agreement shall be made except by a written agreement executed by the Recipient and the SVCE.
19. ASSIGNMENT PROHIBITED. In no event shall the Recipient assign or transfer any portion of this Agreement.
20. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. Any legal action brought under this Agreement must be instituted in the Superior Court of the County of Santa Clara, State of California.
21. NO THIRD-PARTY BENEFIT. The provisions of this Agreement are for the sole benefit of the parties hereto and confer no rights, benefits, or claims upon any person or entity not a party hereto.
22. SEVERABILITY. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision.
23. RECIPIENT'S AUTHORITY. Recipient represents and warrants that (a) it has the power and authority to enter into this Agreement and to perform its obligations hereunder; (b) the person who executes this Agreement on its behalf has the necessary authority to bind Recipient; and (c) neither the execution and delivery of this Agreement nor the performance of its obligations hereunder will constitute a violation of, a default under, or conflict with any term of any governance documents or other agreements to which it is bound.
24. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be taken together and deemed to be one instrument. Faxed and PDF counterpart signatures are sufficient to make this Agreement effective.
25. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
SI
LICON VALLEY CLEAN ENERGY AUTHORITY
_____________________________________
Girish Balachandran, Chief Executive Officer
APP
ROVED AS TO FORM:
________________________________
T
risha Ortiz, General Counsel
[CO
MPANY]
By:
_____________________________
Name:
Title:
By:
_____________________________
Name:
Title:
[*N
ote: Signatures of two corporate officers are required for corporations – First signature must be one of the following: 1) the chairperson of the board; 2) the president; or 3) any vice president. The second corporate signature must be one of the following: 1) the secretary; 2) any assistant secretary; 3) the chief financial officer; or 4) any assistant treasurer. Signature of City Manager is required for cities.]
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EXHIBIT A
City of
Campbell – Grant Application
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EXHIBIT B
Scope of Work
As d
escribed in the ‘Resilience Benefits’ section from the Grant Application (Exhibit A):
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EXHIBIT C
Job Impacts Data Collection Worksheet
Silicon Valley Clean Energy Community Resilience Program Job Impacts Data Collection
Worksheet
Instructions: The form should be completed and submitted with each invoice. Each contractor and subcontractor should complete a separate form. The information will be used by SVCE to better understand the economic impacts of program investments and will have no impact on payment or performance evaluation of the grantee or contractors. Please be as accurate and complete as possible.
Position Title
Total
Employees
in Position*
Average
Hourly
Wage
Total Hours
Worked**
Employer-
Sponsored
Health
Benefits? Y/N
Solar Installer
Installation Supervisor
Add rows***
*Sum of all individual employees with at least (1) labor hour during the invoice period
**Sum of all the hours of all employees at this title/wage for the invoice period ***Add rows as need for additional employees
Note: If this reporting system does not align with the funding source of your project, please contact SVCE to discuss possible reporting alternatives.
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Attachment: SVCE Community Resilience Program Grant Agreement [Revision 1] (Grant Agreement with SVCE) Name DATE REVISED 12/6
Address SALES REP KAYLA
City State Zip PHONE 916-717-0362
Phone FOB CAMPBELL
Qty Unit Price TOTAL
1 $48,819.00 $48,819.00
OPTIONS
1 EXTENDED RANGE BATTERY $10,000.00 $10,000.00
1 PRO POWER ON BOARD $1,200.00 $1,200.00
1 MAX TRAILER TOW PACKAGE (REQ WITH PRO $1,100.00 $1,100.00
POWER ONBOARD)
1 TOW TECH PACKAGE $2,145.00 $2,145.00
1 BACKUP ALARM $145.00 $145.00
1 DOC FEE $85.00 $85.00
SALES TAX CALCULATED AT 9.38%
SubTotal $63,494.00
DELIVERY $700.00
Cash SALES TAX $5,955.74
Check CA Tire Tax $8.75
Credit Card TOTAL $70,158.49
Name
CC #
Expires
113025-KD
CAMPBELL
[email protected]
SIGNATURE________________________________DATE_________
Description
2024 FORD F150 CREW CAB 4X4 LIGHTNING PRO
STATE OF CALIFORNIA CONTRACT
EXTERIOR COLOR: WHITE
$500 DISCOUNT WITH PAYMENT IN 20 DAYS
Office Use Only
BASED ON REGISTRATION ADDRESS
525 N16TH STREET, SACRAMENTO, CA 95811
PHONE: 916-299-3529
QUOTE
Payment Details
Customer
9.c
Packet Pg. 60
Attachment: Ford F-150 Lightening Pro Quote 12.08.23 (Grant Agreement with SVCE) City of Campbell
Request for Budget Adjustments
Department/Program Division Date Request No.
December 19, 2023 BA-14
Budget to be Reduced
Fund/Program Account Number Description Amount
Budget to be Increased
Fund/Program Account Number Description Amount
209.715 7884 197,972$
209.715 4523 197,972
REASON FOR REQUEST - BE SPECIFIC:
Finance Director Public Works Director City Manager
Public Works
Will Fuentes Todd Capurso Brian Loventhal
715 - Environmental Services
Machinery and Equipment
To prepare budget adjustments for the purchase of a Ford F-150 Lightning Pro (all-electric truck) and PairTree Mobile Solar Powered EV Charging Station ath the Service Yard. Costs incurred will be funded by a $197,972 Silicon Valley Clean Energy Grant. Surplus grant funds will be retained for contingency purposes and applied to cover any additional costs that may be incurred during the procurement and/or implementation process.
Other Grants
9.d
Packet Pg. 61
Attachment: Budget Adjustment Form (Grant Agreement with SVCE) City
Council
Report
TITLE: Approve Appointments to the Historic Preservation Board
RECOMMENDED ACTION
It is recommended that the City Council approve the recommendation of the Advisory Commissioner Appointment Interview Subcommittee regarding appointments to the Historic Preservation Board for one full term, expiring October 2027, and one short term, expiring, October 2025.
BACKGROUND
Pursuant to Council Policy #1.9b regarding Advisory Commission Reappointments, current Commissioners were notified of their term expiration and notices of the upcoming vacancies were posted at City Hall, at the Campbell Library and on the City’s website.
Historic Preservation Board: The term of Todd Walter expired October 31, 202 3. Mr.
Walter is seeking reappointment. The passing of Board Member Corteway created an additional vacancy for a short term expiring October 31, 2025.
DISCUSSION
The Advisory Commissioner Appointment Interview Subcommittee ( Vice Mayor Landry and Councilmember Furtado ) will meet on December 18, 202 3 to interview two applicants for the Historic Preservation Board. The Council Subcommittee will report on the interviews and make recommendations regarding the appointment of t wo members to the Historic Preservation Board for one full term, expiring October 2027, and one short term, expiring October 2025.
FISCAL IMPACT
There is no fiscal impact associated with these appointment recommendations.
Item: 10
Category: COUNCIL COMMITTEE
REPORTS
Meeting Date: December 19, 2023
10 Packet Pg. 62
Approve Appointments to HPB Page 2 of 2
Prepared by:
Andrea Sanders, City Clerk
Approved by:
Brian Loventhal, City Manager
Attachment:
a. Applications
10 Packet Pg. 63
10.a
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Attachment: Applications (Approve Appointments to HPB)
CITY OF CAMPBELL
70 N. FIRST STREET
CAMPBELL, CA 95008-1423
AP
PLICATION FOR APPOINTMENT AS
__________________________________________________________
REQUIREMENTS:- Campbell resident and at least 18 years of age.
Na
me _______________________________________________________________________ Address __________________________________
Telephone No: Home _Work _______________ Email
Have you served in a similar capacity previously? Yes _____ No _______ If "Yes", give name of City or other jurisdiction:
____________________________________________________________________________
Present Occupation __________________________________________________________ (Give Title)
Na
me and Address of Present Employer (If employed)
____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Education: High School _____________________________________________________ College _________________________________________________________ Degree(s) Obtained ________________________________________________ What is your specific interest in this appointment?
____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Signature _______________________________________ Date _______________________ Rev. 12/10
10.a
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Attachment: Applications (Approve Appointments to HPB) City
Council
Report
TITLE: City Council Reorganization
RECOMMENDED ACTION
That the City Council reorganize and appoint a Mayor and Vice Mayor for the 2024 calendar year.
DISCUSSION
Each December, the City Council elects its Mayor and Vice Mayor for the upcoming year. Vice Mayor Landry will present outgoing Mayor Bybee with a plaque in recognition of her service as Mayor in 20 23. Following Mayor Bybee’s comments, the City Council will conduct the election and reorganize as follows:
• Appointment of Mayor
• Remarks – Newly appointed Mayor
• Appointment of Vice Mayor
• Remarks – Newly appointed Vice Mayor
• Congratulatory Comments – Council and Public
At the conclusion of the meeting, a reception and refreshments will follow to celebrate the newly appointed Mayor and Vice Mayor.
Prepared by:
Andrea Sanders, City Clerk
Approved by:
Item: 11
Category: NEW BUSINESS
Meeting Date: December 19, 2023
11 Packet Pg. 66
Brian Loventhal, City Manager
To: Honorable Mayor and City Council Date: December 18, 2023 From: Kristen Epolite, Deputy City Clerk
Subject: Desk Item 1 – Revised Minutes – November 21, 2023 Study Session Desk Item 4 – Revised Minutes – December 5, 2023 Regular Meeting T
he purpose of this desk item is to note a revision in the November 21, 2023 Study Session minutes to reflect that Vice Mayor Landry’s comment should read “Vice Mayor Landry was not supportive of a tax ballot measure that increases property taxes.” A
lso noted is a revision to the December 5, 2023 minutes for approval to reflect that as part of his motion for item 19, Councilmember Furtado also included a direction to staff to come back with a report on a potential earlier start of 7pm for council meetings in the future, by code amendment.
C
ity of Campbell M
EMORANDUM
City Clerk’s Office
Minutes of November 21, 2023 City Council Meeting Page 2 payroll; impacts on annual amortization payment; and pension management goals. Mr. Matusiewicz provided several tools and options for the Councilsconsideration as follows: 1.Rainy Daypension volatility reserve with a $5 million minimum. 2. A funded status/ solvency of Plan. 3. Long-term interest savings. 4. Defensive Unfunded Accrued Liability (UAL) restructuring (spreading costs.) 5. Aggressive UAL restructuring (shortening term.) He recommended a balanced approach to these options. The City Council discussed the pros and cons of the five objective options. Councilmember Furtado expressed support for some type of budget planning and reserve fund with the possibility of paying slightly more than now on an optional basis in a steady manner that is spread out over time. Councilmember Lopez stated support for looking closer at the 115 Trust noting the benefits and advantages to that. There would be benefits to a trust fund in a recession but also for when more services would be needed and revenue for operations and capital could go down. He stressed the importance of not only having the reserve funds available but also to be able to fund city services that are necessary for the community.Vice Mayor Landry was not supportive of a tax ballot measure that increases property taxes. She suggested looking further at employee contracts prior to the next negotiations and looking at operating and capital expenses. Councilmember Scozzola echoed Councilmember Furtados comments onhaving some foresight into the potential of another recession. He stressed the importance of being able to cover all pensions regardless of the economic state and stated support of the reserves. Mayor Bybee requested additional information on the 115 Pension Trust. She noted the importance of monitoring the capital and operating expenses. She stated support of tax ballot measure and increasing the Transient Occupancy Tax (TOT.) She suggested looking at other revenue streams such as the business license tax. Mayor Bybee cautioned on the employee benefits to CalPERS as it is a negotiated item and is impacted by neighboring cities contributions. She requested additional information on what other neighboring c contributions are. She agreed with Councilmember Furtados suggestion of increasing our payment to decrease the amount each year. ADJOURNMayor Bybee adjourned the meeting at 7:11 PMAPPROVED:
1 Packet Pg. 6Minutes Acceptance: Minutes of Nov 21, 2023 6:00 PM (CONSENT CALENDAR) Minutes of December 5, 2023 City Council Meeting Page 11 Wednesday, November 6. Council also opted to cancel January 7 for winterrecess, and move the January 21 meeting to Monday, January 13. Mayor Bybee requested an earlier start time of 7pm be considered for future meetingsM/S: Furtado/Lopez That the City Council adopt Resolution 13093 canceling the August 6, 2024 meeting; canceling the November 5, 2024 meeting and rescheduling to November 6, 2024; canceling theJanuary 7, 2025 meeting; canceling the January 21, 2025 meeting and rescheduling to January 13, 2025 and that staff come back with a report on a potential earlier start of 7pm for council meetings in the future, by code amendment. The motion was adopted by the following roll call vote:FurtadoSECONDER:LopezAYES:Bybee, Landry, Furtado, Lopez, ScozzolaUNFINISHED BUSINESSThere was no unfinished business. COUNCIL COMMITTEE REPORTS20.Council Committee ReportsRecommended Action: That the City Council report on activities from theircommittee assignments.Mayor Bybee attended the Downtown Campbell Business Association Carol ofLights celebration.Vice Mayor Landry attended the Advisory Commission Recognition Dinner; andattended the Education Subcommittee tour of the Campbell Union SchoolCouncilmember Lopez attended the Advisory Commission Recognition Dinner.ADJOURNVice Mayor Landry, adjourned the meeting at 9:26 PM.APPROVED:ATTEST:Anne Bybee, MayorKristen Epolite, Deputy City Clerk 4 Packet Pg. 22Minutes Acceptance: Minutes of Dec 5, 2023 7:30 PM (CONSENT CALENDAR)