CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California
REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, March 5, 2024 – 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 Co uncil of the City of Campbell convened this day in the regular meeting place, the City Hall Council Chamber, 70 N. First St., Campbell, California.
ROLL CALL
Attendee Name Title Status
Susan M. Landry Mayor Present
Sergio Lopez Vice Mayor Present
Elliot Scozzola Councilmember Present
Dan Furtado Councilmember Present
Anne Bybee Councilmember Present
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Ann Herosy of the American Red Cross of Silicon Valley in recognition of American Red Cross Mont h.
Mayor Landry presented Ms. Herosy with a Certificate of Appreciation for leading the Pledge of Allegiance.
SPECIAL PRESENTATIONS AND PROCLAMATIONS
1. Proclamation Declaring the Month of March 2024 as “ American Red Cross Month ” in the City of Campbell
Recommended Action: That the City Council proclaim the month of March 2024 as “American Red Cross Month ” in the City of Campbell.
Mayor Landry spoke about the importance of the American Red Cross and presented Ann Herosy of the American Red Cross Silicon Valley a proclamation recognizing March 2024 as American Red Cross Month in the City of Campbell.
Minutes of March 5, 2024 City Council Meeting Page 2
Ann Herosy, American Red Cross representative and Campbell resident thanked the City Council for their continued support of American Red Cross Month.
COMMUNICATIONS AND PETITIONS
There were no communications and petitions.
ORAL REQUESTS
There were no oral requests.
COUNCIL ANNOUNCEMENTS
March is Women ’s History Month. The theme for 2024 is “Women Who Advocate for Equity, Diversity & Inclusion. ” This theme re cognizes women who understand the need to eliminate bias and discrimination from individual lives and institutions. Inspiring quotes for Women ’s History Month: “Each time a woman stands up for herself, without knowing it possibly, without claiming it, she stands up for all women .” - Maya Angelou, (a poet, activist and scholar). “If they don ’t give you a seat at the table, bring a folding chair .” – Shirley Chisolm, (the first African American woman elected to the US House of Representatives). “I think the important thing about my appointment is not that I will decide cases as a woman, but that I am a woman who will get to decide cases .” - Sandra Day O ’Connor, (first woman to serve as a US Supreme Court justice).
Beginning Tuesday, March 19, City Council meetings will begin at 7 :00 pm and will be held in these Council Chambers.
The Campbell Youth Commission is hosting a Teen Job Fair on Saturday, March 9 from 10 :00 am to 12 :00 pm at the Campbell Community Center, Orchard City Banquet Hall.
The goal is to connect employers to candidates. For more information, please visit campbellca.gov .
Museum Mixer and Happy hour, on Thursday, March 14 from 5:30 pm to 7:30 pm in the Carriage House at the Ainsley House. There will be live music, appetizers, drinks and the opportunity to chat with the Museum Foundation Board members. Please rsvp to Cherri Fontana @ [email protected] .
The Campbell Police Foundation is hosting a fundraising breakfast on Saturday, March 16 from 9 :0 0 to 10:30 am at the Home Church on Winchester Boulevard in Campbell.
Tickets are $25 per person and can be purchased at campbellpolicefoundation.org .
Join the fun at the 23 rd annual Bunnies and Bonnets Parade on Saturday, March 30 at 12 :00 pm in Downtown Campbell. The Downtown Business Association sponsors this annual Easter Parade tradition that features marching bands, dancers, community groups, local organizations and more. Put on your finest Easter hat or rabbit ears and come join in the fun!
Minutes of March 5, 2024 City Council Meeting Page 3
CONSENT CALENDAR
Mayor Landry asked if anyone wished to remove an item from the Cons ent Calendar.
Councilmember Bybee spoke in support of Item 11 and the contract approval for management and operation services of the Campbell Heritage Theatre. She acknowledged VenueTech staff and their strong partnership with the City.
The Consent Calendar was considered as follows:
2. Minutes of City Council Study Session Meeting of February 20, 2024 Recommended Action : Approve the study session meeting minutes of February 20, 2024 .
This action approves the study session meeting minutes of February 20, 2024.
3. Minutes of City Council Regular Meeting of February 20, 2024 Recommended Action : Approve the regular meeting minutes of Februa ry 20, 2024 .
This action approves the regular meeting minutes of February 20, 2024.
4. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $840,552.30 .
This action approves the bills and claims in the amount $840,552.30 as follows:
payroll checks dated February 1, 2024, in the amount of $74,213.19; bills and claims checks dated February 2, 2024, in the amount of $185,013.85; bills and claims checks dated February 12, 2024, in the amount of $547,201.13; and payroll checks dated February 15, 2024, in the amount of $34,124.13.
5. Monthly Treasurer's Report (January 2024)
Recommended Action: That the City Council review and accept the Monthly Treasurer ’s Report for the month ended January 31, 2024.
This action reviews and accepts the Monthly Treasurer ’s Report for the month ended January 31, 2024.
6. Second Reading of Ordinance 2304 Approving a Planned Development Permit for Property Located at 44 and 56 Sunnyside Ave. (Ordinance/Roll Call Vote)
Recommended Action: Th at the City Council take second reading and adopt Ordinance 2304 approving a Planned Development Permit to allow construction of six detached small-lot single-family dwellings in association with a residential subdivision for property located at 44 and 56 Sunnyside Avenue.
Ordinance 2304 approves a Planned Development Permit to allow construction of six detached small-lot single-family dwellings in association with a residential subdivision for property located at 44 and 56 Sunnyside Avenue.
Minutes of March 5, 2024 City Council Meeting Page 4
7. Accept the Emergency Gas Line Repairs at the Campbell Community Center and File the Notice of Completion (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution: 1) accepting the emergency gas line repairs completed at the Campbell Community Center per the executed contract services agreement with Burr Plumbing and declaring that there is no need to continue with the associated emergency action in accordance with California State Public Contracts Code (PCC) Sections 20168 and 22050; and 2) directing the Public Works Director or their designee to file the Notice of Completion.
Resolution 13122 accepts the emergency gas line repairs completed at the Campbell Community Center per the executed contract services agreement with Burr Plumbing and declares that there is no need to continue with the associated emergency action in accordance with California State Public Contracts Code (PCC) Sections 20168 and 22050; and directs the Public Works Director or their designee to file the Notice o f Completion.
8. Resolution Authorizing the Solicitation of Bids for the City Facilities Roof Replacement Project (No. 24-TT) as Programmed in the City ’s Approved CIP for FY 2024, and Approving the Subsequent Award of Contract to the Lowest, Responsive Bidder, in an Amount Not to Exceed $380,000, Plus a 20% Construction Contingency of $76,000; and Authorizing the City Manager to Execute Said Agreement as Specified in Campbell Municipal Code Section 3.20.100, and the Public Works Director to Execute Contrac t Change Orders Up to and Within the Allocated Construction Contingency Amount (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution: 1) approving the plans and specifications, and authorizing the solicitation of bids, for the City Facilities Roof Replacement Project (No. 24-TT) and its implementation during FY 2024 as programmed in the City ’s approved CIP; 2) approving the subsequent award of a service contract to the lowest, responsive bidder, in an amount not to exceed $380,000, plus a 20% construction contingency of $76,000; 3) authorizing the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100; and 4) authorizing the Public Works Director to negotiate and execute contract change orders up to and within the allocated construction contingency amount.
Resolution 13123 approves the plans and specifications, and authorizes the solicitation of bids, for the City Facilities Roof Replacement Project (No. 24-TT) and its implementati on during FY 2024 as programmed in the City ’s approved CIP; approves the subsequent award of a service contract to the lowest, responsive bidder, in an amount not to exceed $380,000, plus a 20% construction contingency of $76,000; authorizes the City Manager to execute said agreement as specified in Campbell Municipal Code Section 3.20.100; and authorizes the Public Works Director to negotiate and execute contract change orders up to and within the allocated construction contingency amount.
Minutes of March 5, 2024 City Council Meeting Page 5
9. Authorizati on to Submit Transportation Fund for Clean Air (TFCA) Program Grant Application for Hamilton Avenue Resurfacing Project (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution authorizing the Public Works Director to submit a Transportation Fund for Clean Air (TFCA) Program Grant Application to Santa Clara Valley Transportation Authority (VTA) for the Hamilton Avenue Resurfacing Project.
Resolution 13124 authorizes the Public Works Director to submit a Transportation Fund for Clean Air (TFCA) Program Grant Application to Santa Clara Valley Transportation Authority (VTA) for the Hamilton Avenue Resurfacing Project; including the desk item.
10. Psychiatric Emergency Response Team (PERT) Clinician Contract (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution approving a Memorandum of Agreement (MOA) with the County of Santa Clara and authorizing the City Manager to sign the MOA establishing the PERT team within the City of Campbell.
Res olution 13125 approves a Memorandum of Agreement (MOA) with the County of Santa Clara and authorizes the City Manager to sign the MOA establishing the PERT team within the City of Campbell.
11. Award a Service Agreement for the Management and Operation of the Heritage Theatre, and Authorize the City Manager to Execute Said Agreement (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution to award a service agreement for the management and operation of the Campbell Herita ge Theatre and authorize the City Manager to execute said agreement.
Resolution 13126 awards a service agreement for the management and operation of the Campbell Heritage Theatre and authorizes the City Manager to execute said agreement.
M/S: Bybee/Lopez - That the City Council approve the consent calendar, including the Desk Item for item nine. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Bybee
SECONDER: Lopez
AYES: Bybee, Landry, Furtado, Lopez, Scozzola
PU BLIC HEARINGS AND INTRODUCTION OF ORDINANCES
Minutes of March 5, 2024 City Council Meeting Page 6
12. Public Hearing to Consider an Appeal of the Planning Commission ’s Approval of a Site and Architectural Review Permit to Allow Construction of an Approximately 10,250 Square-Foot Industrial/Warehouse Building, with an Exception to the Side Setback Requirement, on Property Located at 940/946 S McGlincy Lane. File No.: PLN-2022-215 (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution denying the appeal and upholding the Plann ing Commission's approval of a Site and Architectural Review Permit.
Mayor Landry asked if any Councilmembers had any disclosures to make.
Mayor Landry stated she had met with the appellants prior to the meeting and noted they would be unable to attend this evening.
Councilmember Bybee stated she had made a site visit but had not spoken to applicants or appellants.
Councilmember Furtado stated he had spoken to the appellant after being contacted by them.
This is the time and place for a public hearing to consider an appeal of the Planning Commission ’s approval of a Site and Architectural Review Permit to allow construction of an approximately 10,250 square-foot industrial/warehouse building, with an exception to the side setback requirement, on property located at 940/946 S McGlincy Lane.
Senior Planner Fama presented a staff report dated March 5, 2024.
Councilmembers inquired if the appellant would be in attendance. It was confirmed that the appellants would not be in attendance.
Following Council questions, Mayor Landry opened the public hearing.
Brandon Pasek , Property owner, responded to the City Council ’s questions and appellants concerns.
Seeing no one else wishing to speak, Mayor Landry closed the public hearing.
The City Council discussed continuing the item to allow the appellants who were out of town and ill and an opportunity to address the Council and state their concerns.
Councilmember Bybee noted the appellant did not attend the prior Planning Commission meeting either , where they would have had an opportunity to voice their concerns. She recognized the height and noise concerns of the neighbors Minutes of March 5, 2024 City Council Meeting Page 7
but felt the project was consistent with the General Plan and that safeguards have been put in the Conditions of Approval to address the concerns.
Following discussion, M/S: Lopez/ Bybee – That the City Council adopt Resolution 13127 denying the appeal and upholding the Planning Commission's approval of a Site and Architectural Review Permit. The motion was adopted by the followin g roll call vote:
RESULT: ADOPTED [3 TO 2]
MOVER: Lopez
SECONDER: Bybee
AYES: Lopez, Scozzola, Bybee
NAYS: Landry, Furtado
NEW BUSINESS
13. Resolution Approving and Awarding a Contract with Chandler Asset Management, in an Amount Not to Exceed $225,000, to Provide Investment Advisory Services for a Period of Up to Three (3) Years, with Options for the City to Renew Up to Two (2) Additional One (1) Year Service Contracts, for a Total of Up to Five (5) Years; and Authorizing the City Manager to Execute Said Agreement as Specified in Campbell Municipal Code Section
3.20.100 (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution: 1) approving and awarding a contract with Chandler Asset Management, in an amount not to exceed $225,000, to provide investment advisory services for a period of up to three (3) years, with options for the City to renew up to two (2) additional one (1) year service contracts, for a total of up to five (5) years; and 2) authorizing the City Manager to e xecute said agreement as specified in Campbell Municipal Code Section 3.20.100.
Finance Director Fuentes presented a staff report dated March 5, 2024. He noted that Chandler Asset Management staff, Neil Murthy and Chris McCarry were available online for any questions.
Councilmember Furtado expressed concerns that there was no data in the staff report on the selected vendor ’s references and was not comfortable supporting the item without more information.
Mayor Landry asked if anyone from the public wishe d to speak. There were no public speakers.
The Finance Subcommittee (Vice Mayor Lopez and Councilmember Bybee) commented on their comprehensive review of the proposals and felt comfortable moving forward with staff ’s recommendations.
Minutes of March 5, 2024 City Council Meeting Page 8
To address Councilmember Fur tado ’s concerns, Councilmember Bybee suggested postponing this item to allow the other councilmembers an opportunity to review the proposals and meet with Finance staff and to answer any additional questions.
After discussion, M/S: Bybee/Scozzola - That the City Council continue the item for two weeks (April 2, 2024) to allow individual Councilmembers to meet with Finance staff to review the proposals prior to making final selection of the Investment firm. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Bybee
SECONDER: Scozzola
AYES: Landry, Lopez, Scozzola, Furtado, Bybee
14. Fiscal Year 2024 Mid-Year Financial Update and Budget A djustments (Resolution/Roll Call Vote)
Recommended Action: Staff recommends that the City Council accept the Fiscal Year 2024 Mid-Year Financial Update Report and adopt a Resolution authorizing the Fiscal Year 2024 Mid-Year Budget Adjustments.
Finance Director Fuentes presented a staff report dated March 5, 2024.
The City Council asked general questions related to the staff report presentation.
Mayor Landry asked if anyone from the public wished to speak. There were no public speakers.
The Council di scussed, the need for a solution to achieve a balanced budget; being proactive with economic development; using the remainder of American Rescue Plan Act (ARPA) funds; the need for additional revenue sources; and being proactive with future budgetary planning.
After discussion, M/S: Bybee/Lopez – That the City Council accept the Fiscal Year 2024 Mid-Year Financial Update Report and adopt Resolution 13128 authorizing the Fiscal Year 2024 Mid-Year Budget Adjustments. The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Bybee
SECONDER: Lopez
AYES: Landry, Lopez, Scozzola, Furtado, Bybee
15. Pass-Through Funded Procurement Processes
Minutes of March 5, 2024 City Council Meeting Page 9
Recommended Action: That the City Council provide policy direction on the proposed pass-through funded procurement processes, including authorization for code amendments.
Administrative Analyst Ram irez presented a staff report dated March 5, 2024.
The City Council asked questions relating to the establishment of pass-through agreements and their Master Lists of approved consultants.
In response to an inquiry, Mr. Ramirez stated next steps would be to draft the Policy, draft an ordinance amending the Municipal Code and for staff to return to Council for review and feedback.
Mayor Landry asked if anyone from the public wished to speak.
John Richards, Campbell resident, requested clarification on the “pass-through funded procurement process ” and asked if the contractors will be reviewed to ensure they are qualified.
Staff provided Mr. Richards extra clarification and confirmed selected contractors will be reviewed to ensure the meet the proper qualifications.
Councilmembers expressed general support for the new process.
There was a general consensus of the City Council for the contractors on the Master Service Agreement to be used on a rotation basis and that this be included with the new policy or ordinance.
The Councilmembers thanked the staff for bringing this item forward and complimented the proactiveness of the Planning Department.
UNFINISHED BUSINESS
There is no unfinished business.
COUNCIL COMMITTEE REPORTS
16. Council Committee Reports
Recommended Action: That the City Council report on activities from their committee assignments.
Councilmember Furtado viewed the State of the Valley presentation.
Vice Mayor Lopez attended the Bay Area Air Quality Management District - Policy, Grants an d Technology Committee Meeting; was a judge at the Lions Club Speech Contest; attended the Santa Clara Valley Transportation Authority Workshop; Campbell Lunar New Year Celebration at the Orchard City Banquet Minutes of March 5, 2024 City Council Meeting Page 10 Hall; Silicon Valley Clean Energy Audit Committee; and took a tour of the Campbell Community Center Adult Center.
Councilmember Bybee attended the Finance Subcommittee meeting; and the Recreation and Community Services Open House at the Campbell Community Center .
Mayor Landry attended the Recreation and Community Services Open House; Tour of the Campbell Community Center Adult Center; West Valley Mayor ’s and Manager ’s meeting; Stanford Hoover House event; will attend the Downtown Campbell Business Association; will attend the Girl ’s S oftball Opening Day; and will s peaking at the Campbell School of Innovation as se mbly.
ADJOURN
Mayor Landry adjourned the meeting at 9:27 PM
APPROVED :
ATTEST:
Susan M. Landry, Mayor
Andrea Sanders, City Clerk