CITY COUNCIL MINUTES
City of Campbell, 70 N. First St., Campbell, California
REGULAR MEETING OF THE CAMPBELL CITY COUNCIL
Tuesday, October 1, 2024 7:00 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.c ampbellca.gov /agendacenter .
CALL TO ORDER
The City Council of the City of Campbell convened this day in the regular meeting place, the City Hall Council Chamber, 70 N. First St., Campbell, California.
ROLL CALL
Attendee Name Title Status
Susan M. Landry Mayor Present
Sergio Lopez Vice Mayor Present
Elliot Scozzola Councilmember Absent
Dan Furtado Councilmember Present
Anne Bybee Councilmember Present
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Kaiser Permanente Campbell Medical Office representatives Dee Burris, Dr. Debra Fetters and Kieran Kelly.
Mayor Landry welcomed the representatives to the City and presented them with Certificates of Appreciation for leading the Pledge of Allegiance.
SPECIAL PRESENTATIONS AND PROCLAMATIONS
1. Proclamation in Honor of the 25Th Anniversary of the Kaiser Permanente Campbell Facili ty
Recommended Action: That the City Council authorize the Mayor to recognize the 25th Anniversary of the Kaiser Permanente Campbell Facility.
Ma yor Landry presented a proclamation to the Kaiser Permanente Campbell Medical Offices for their 25 th anniversary. Dr. Debra Fetters , Dee Burris and Kieran Kell y thanked the City Council for the recognition and expressed that they Minutes of October 1, 2024 City Council Meeting Page 2 are honored to be a part of the Campbell Community and look forward to future partnerships in the future. They announced they will be having a celeb ration at the Campbell site on Friday, October 11 from 12:30-1:30 p.m.
Coun cilmembers expressed their ap prec iation in having the Kaiser fa cilit ies lo cated in Camp bell.
COMMUNICATIONS AND PETITIONS
City Attorney Seligmann reported that in the O cto ber 1, 2024 Executive Sessio n the City Council authorized the City Manager to execute a contract with the Telecom Law firm to represent the City in the case of New Cingular Wireless vs. the City of Campbel with a vote of 3 to 0 with Councilmember Scozzola absent and with Mayor Landry recusing herself due to a conflict of interest.
ORAL REQUESTS
Sophia Commisso, Campbell resident expressed concerns with the dangers of San Tomas Expressway.
Grace Gallardo , Campbell resident, requested that the City Council put a ceasefire resolution on a future agenda to discuss the conflict in Gaza.
Sha h , Campbell resident, spoke in support of a ceasefire resolution for Gaza.
Alison Vail , spoke in support of a ceasefire resolution for Gaza.
Gigi G ., Campbell resident, spoke in support of a ceasefire resolution for Gaza.
Raza Pallela, Campbell resident, invited the City Council to a Diw ali Festival of Lights. event on November 3, 2024 from 12-6 PM at the Orchard City Banquet Hall and if possible, request ed their participation in the opening ceremony .
COUNCIL ANNOUNCEMENTS
O cto b e r is B re a st C a n ce r A w a re n e ss m o n th . S p re a d e d u ca tio n & h o p e in yo u r co m m u n ity.
In 2 0 2 4 m o re th a n 3 6 0 ,0 0 0 p e o p le w ill b e d ia g n o se d w ith b re a st ca n ce r. A d va n ce m e n ts in e a rly d e te ctio n m e th o d s a n d su p p o rt co n tin u e to in cre a se th e ch a n ce s o f su rviva l. K n o w yo u r risk, g e t scre e n e d , kn o w yo u r n o rm a l. F o r a d d itio n a l in fo rm a tio n o n h o w to lo w e r yo u r risk, h o w to p re ve n t ca n ce r o r fin d it e a rly, p le a se visit w w w .n a tio n a lb re a stca n ce r.o rg .
It is incredibly important to recognize and celebrate the contributions of all people around the world. In d ig e n o u s P e o p le s a re in h e rito rs a n d p ra ctitio n e rs o f u n iq u e cu ltu re s a n d w a ys o f re la tin g to p e o p le a n d th e e n viro n m e n t. T h e y h a ve re ta in e d so cia l, cu ltu ra l, e co n o m ic a n d p o litica l ch a ra cte ristics th a t ca n b e d istin ct fro m th o se in th e so cie tie s in w h ich th e y live . Monday, October 14 is Indigenous Peoples Day. Please join me to honor the sovereignty, resilience and immense contributions that native Americans have made to Minutes of October 1, 2024 City Council Meeting Page 3 the world. The Campbell Water Tower will be illuminated to commemorate this important day.
Your vote counts! Legislation has passed providing local funding expansion to cities like ours. The legislation that the City of Campbell sought cleared the State Legislature, and the Bill was recently signed by the Governor. The City of Campbell encourages all eligible residents to participate in our upcoming Tuesday, November 5 Municipal Election where two City Councilmembers can be selected and a decision rendered on whether to adopt Measure K, the City ’s Local Funding and Community Services measure.
Are you interested in advising the council on matters relating to the development and maintenance of public recreation and park facilities? Would you like to provide advice relating to community services programs? Then the Parks and Recreation Commission is for you. The City Clerk ’s O ffice is currently accepting applications and will be accepted until Monday, November 11, at 5pm. For more information, please visit our Boards and Commission webpage on the City ’s website at campbellca.gov , or call the City Clerk ’s Office at 408-866-2117.
Campbell Recreation, Adult Center is hosting a Dinner Fiesta on Friday, October 11 from 4:30pm to 7:30pm. Enjoy live music and a delicious Mexican dinner catered by Golden Harvest. To register call (408)866-2146 by 5:00pm o n Friday, October 4. Doors open at 4:00pm. $30 per person. No ticket sales at the door.
CONSENT CALENDAR
Mayor Landry asked if anyone wished to remove an item from the Consent Calendar.
The Consent Calendar was considered as follows:
2. Minutes of City Council Special Meeting of August 29, 2024 Recommended Action : Approve the special meeting minutes of August 29, 2024 .
This action approves the special meeting minutes of August 29, 2024.
3. Minutes of City Council Regular Meeting of September 17, 2024 Recommended Action : Approve the regular meeting minutes of September 17, 2024 .
This action approves the regular meeting minutes of September 17, 2024.
4. Approving Bills and Claims
Recommended Action: Approve the bills and claims in the amount of $926,886.39 .
This action approves the bills and claims in the amount of $926,886.39 as follows: bills and claims checks dated September 2, 2024, in the amount of $536,789.83; and bills and claims checks dated September 9, 2024, in the amount of $390,096.56.
Minutes of October 1, 2024 City Council Meeting Page 4
5. Monthly Investment Transactions Report (August 2024) Recommended Action: That the City Council review and accept the Monthly Investment Transactions Report for August 2024.
This action reviews and accepts the Monthly Investment Transactions Report for August 2024.
6. Approval of Plans and Specifications, Authorization to Solicit Bids, Approve and Award Contract, and Other Associated Actions for the John D. Morgan Park Parkin g Lots (23-DD) (Resolution/Roll Call Vote) Recommended Action: That the City Council adopt a resolution: 1) approving the Plans and Specifications for the John D. Morgan Park Parking Lot Improvements (23-DD), 2) authorizing the solicitation of bids; 3) approving and awarding the subsequent construction contract to the lowest, responsive bidder, in an amount not to exceed $142,000, plus a 10% contingency of $14,200; 4) authorizing the City Manager to execute said contract as specified in Campbell Municipa l Code Section 3.20.100; and 5) authorizing the City Engineer to negotiate and execute contract change orders up to and within the allocated construction contingency; 6) authorizing the Public Works Director to reject bids and rebid the project, should bids received have unamenable irregularities; and 7) authorizing the Finance Director to perform associated budget adjustments.
Resolution 13212 approves the Plans and Specifications for the John D. Morgan Park Parking Lot Improvements (23-DD), authoriz es the solicitation of bids; approv es and award s the subsequent construction contract to the lowest, responsive bidder, in an amount not to exceed $142,000, plus a 10% contingency of $14,200; authoriz es the City Manager to execute said contract as specified in Campbell Municipal Code Section 3.20.100; and authoriz es the City Engineer to negotiate and execute contract change orders up to and within the allocated construction contingency; authoriz es the Public Works Director to reject bids and rebid the project, should bids received have unamenable irregularities; and authoriz es the Finance Director to perform associated budget adjustments.
7. Resolution Authorizing the Execution of a Purchase Order with Terex Financial Services, in the Amount $34,410, for the Procurement of One (1) Ford F-650 Chassis (Truck) Equipped with an LT-40 Aerial Lift Device from Terex Utilities, by the Way of the City ’s Membership with Sourcewell (A Cooperative Purchasing Firm) and the Bidding Exemptions Specified in Campbell Municipal Code Section 3.20.30(6), as Programmed in the Approved Publ ic Works Vehicle and Equipment Maintenance Operating Budget for FY 25, and Approving the Issuance of Subsequent Purchase Orders for Five (5) Additional Years, in the Total Amount of $344,110, for Their Associated Leasing Costs Over a Five-Year Term (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution: 1) authorizing the execution of a purchase order with Terex Financial Services, in the amount of $34,410, for the procurement of one (1) Ford F-650 chassis (truck) equipped with an LT-40 Aerial Lift Device from Terex Utilities, by the way of the City ’s Minutes of October 1, 2024 City Council Meeting Page 5 membership with Sourcewell (a cooperative purchasing firm) under the bidding exemptions specified in Campbell Municipal Code Section 3.20.30(6), as programmed in the approved Public Works Vehicle and Equipment Maintenance Operating Budget for FY 25; and 2) approving the issuance of subsequent purchase orders for five (5) additional years, in the total amount of $344,110, for their associated leasing costs over a five-year term.
Resolution 13213 authorizes the execution of a purchase order with Terex Financial Services, in the amount of $34,410, for the procurement of one (1) Ford F-650 chassis (truck) equipped with an LT-40 Aerial Lift Device from Terex Utilities, by the way of the City ’s membership with Sourcewell (a cooperative purchasing firm) under the bidding exemptions specified in Campbell Municipal Code Section 3.20.30(6), as programmed in the approved Public Works Vehicle and Equipment Maintenance Operating Budget for FY 25; and approves the issuance of subsequent purchase orders for five (5) additional years, in the total amount of $344,110, for their associated leasing costs over a five-year term.
8. Contract Crossing Guard Services to All City Management Services (ACMS) (Resolution Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution approving a 1- year agreement with All City Management Services Inc. for Crossing Guard Services in a total amount not-to-exceed $248,006 for Fiscal Year 2024-25, determinin g that it is in the best interest of the public to dispense with the formal bidding requirements pursuant to Campbell Municipal Code Section 3.20.030(8), and authorize the City Manager to enter into a 1-year agreement with All City Management Services Inc. for Crossing Guard Services.
Resolution 13214 approves a 1-year agreement with All City Management Services Inc. for Crossing Guard Services in a total amount not-to-exceed $248,006 for Fiscal Year 2024-25, determining that it is in the best interest of the public to dispense with the formal bidding requirements pursuant to Campbell Municipal Code Section 3.20.030(8), and authorizes the City Manager to enter into a 1-year agreement with All City Management Services Inc. for Crossing Guard Services , including the desk item.
9. Approving the Acceptance of $496,000 Award from the Sustainable Transportation Planning Grant Program; Corresponding Budget Adjustments; the Issuance of a Request for Proposals (RFP) for the Development of the Campbell Multimodal Transportation Plan; and Authorizing the City Manager to Execute, Amend, and Approve All Restricted Grant Agreements Thereto Within the California Department of Transportation (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a resolution to approve a grant award for the Sustainable Transportation Planning Grant application, subsequent budget adjustment, the issuance of a Request for Proposals (RFP) for the development of a multimodal plan, approve a Restricted Grant Agreement with the California Department of Transportation and authorize the City Manager to execute and amend said agreement.
Minutes of October 1, 2024 City Council Meeting Page 6 Resolution 13215 approves a grant award for the Sustainable Transportation Planning Grant application, subsequent budget adjustment, the issuance of a Request for Proposals (RFP) for the development of a multimodal plan, approves a Restricted Grant Agreement with the California Department of Transportation and authorizes the City Manager to execute and amend said agreement.
M/S: Furtado/Lopez - That the City Council approve the Con sent Calendar in cluding the desk item for Item eight . The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Furtado
SECONDER: Lopez
AYES: Landry, Lopez, Furtado, Bybee
PUBLIC HEARINGS AND INTRODUCTION OF ORDINANCES
10. Public Hearing to Consider an Appeal of the Public Works Department ’s Denial of an Encroachment Permit (ENG-2024-186) to Allow the Construction / Legalization of a Five-Foot, Three-Inch Tall (5 ’3 ” ) Fence and Locking Gates Within the Public Right-Of-Way on Property Located at 411 Carlyn Avenue (Resolution/Roll Call Vote)
Recommended Action: That the City Council adopt a Resolution denying the appeal and upholding the Public Works Department ’s denial of an E ncroachment Permit (ENG-2024-186) to allow the construction / legalization of a five-foot, three-inch tall (5 ’3 ”) fence and locking gates within the public right-of-way on property located at 411 Carlyn Avenue.
Now is the time and place for a public hearing to consider an appeal of the Public Work ’s D epartment denial of an Encroachment Permit (ENG-2024-186) to allow the construction / legalization of a five-foot, three-inch tall (5 ’3 ”) fence and locking gates within the public right-of-way on property located at 411 Carlyn Avenue.
S enior Civil Engineer Storz presented a sta ff report dated October 1, 2024.
Following City Council questions, Mayor Landry opened the public hearing and asked the ap plicant if he would like to speak .
Mr. Ito stated the purpose of the fence is for the safety of his family. He presented images o f homeless individuals around his property. He noted he would be willing to leave the gate unl ocked to allow any utility agenc y access . He opined that this fence at its c urrent location would not create a precedent and requested the City Council grant the appeal and allow the fence at its current location.
Mayor Landry asked if anyone from the pu blic wished to spe ak.
Minutes of October 1, 2024 City Council Meeting Page 7 David Joh a nso n , Campbell resident , spoke in s upport of the fence and granting the appea l.
Mem ber of the public and Campbell resident , spoke in su pport of the fence and granting the appeal.
Mayor Landry asked the applicant if he would like to provide closing comments.
Mr. Ito requested that if the appea l was granted , the City C ouncil waive the Campbell Municipal Code insurance re quirement .
Seeing no one else wishing to speak, Mayor Landry closed the public hearing.
Council members expressed concern s with granting the appeal set ting a precedent for other prop erty owners and c oncern s with util ity access.
After discussion, M/S: B ybee/Lopez – That the City C ouncil ad opt R esolution 13216 denying the appeal and upholding the Public Works Department ’s denial of an Encroachment Permit (ENG-2024-186) to allow the construction / legalization of a five-foot, three-inch tall (5 ’3 ” ) fence and locking gates within the public right-of-way on property located at 411 Carlyn Avenue.
The motion was adopted by the following roll call vote:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Bybee
SECONDER: Lopez
AYES: Susan M. Landry, Sergio Lopez, Dan Furtado, Anne Bybee
11. Updates to Campbell Municipal Code 3.20 - City Manager Award Threshold, Formal Bidding Requirements, and Pass-Through Consultant Agreements (Ordinance/Roll Call Vote)
Recommended Action: That the City Council introduce and hold a first reading of an Ordinance amending Section 3.20 of the Campbell Municipal Code to update the City Manager's award threshold amount to reflect current economic conditions, modify current formal solicitation bidding requirements, keep language consistent with the California Public Contracts Code, add language surrounding pass-through consultant contracts, and add clarifying language on threshold limits.
Now is the time and place for a public hearing to introduce and hold first reading of an Ordinance amending Section 3.20 of the Campbell Municipal Code to update the City Manager's award threshold amount to reflect current economic conditions, modify current formal solicitation bidding requirements, keep language consistent with the California Public Contracts Code, add language surrounding pass-through consultant contracts, and add clarifying language on threshold limits.
Minutes of October 1, 2024 City Council Meeting Page 8 City Manage r Loventhal and Administrative Analyst R amirez presented a staff report dated October 1, 2024.
Councilmember Furtado asked for provision s that require the City be notified if the qualified contractor sells their busines s or change their method of operation , to ensure the new business o wner or proposed changes still meet the requirements to be on the qualified contractor list.
Mayor Landry directed staff to review and update the Pre-qualified Lis t (PCL) more frequently than every fi ve yea rs to allow other business to qualify more frequently.
Mayor Landry asked for provisions that remove contractors them from the PCL if they experience an y revocation or citation related to their applica b le certifications.
Mayor Landry opened the public hearing and asked if anyone wished to speak.
Terry Hines, Campbell reside nt and business owner spoke in support of the s taff recommendation and policies recommended by independent auditors Baker Tilly .
Seeing no one else wishing to speak , Mayor Landry closed the public hearing.
Councilmember Bybee requested that the draft Administrative Policy whi ch o utlines the proposed p rocess return to Council for approval , and that it incorporates the direction given by the City Council this evening.
Vice Mayor Lopez expressed support for the staff and City Council recommendation .
C ity Manager Love nthal confirmed that the Administrative Policy could return with th e second reading report under Unfi nished Business.
After discussion, M/S: Landry/Lopez - That the City Council introduce and hold a first reading of Ordinance 2320 amending Section 3.20 of the Campbell Municipal Code to update the City Manager's award threshold amount to reflect current economic conditions, modify current formal solicitation bidding requirements, keep language consistent with the California Public Contracts Code, add language surrounding pass-through consultant contracts, and add clarifying language on threshold limits ; and have staff return with the Administrative Policy to inc lude the direction to review the PCL more frequently than 5 year s, and requir ing a business to recertify if they change ownership; inc luding the desk item. The motion was adopted by the followin g roll call vote:
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Landry
Minutes of October 1, 2024 City Council Meeting Page 9 SECONDER: Lopez
AYES: Landry, Lopez, Furtado, Bybee
City Clerk Sanders read the full title of Ordinance 2320.
M /S: Furtado/B ybee – That the City Council waive further reading of Ordinance 2320. The m otion was ad opted by the following roll call vote:
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Furtado
SECONDER: Bybee
AYES: Landry, Lopez, Furtado, Bybee
N EW BUSINESS
There was no new business.
UNFINISHED BUSINESS
There was no unfinished business.
COUNCIL COMMITTEE REPORTS
12. Council Committee Reports
Recommended Action: That the City Council report on activities from their committee assignments.
Vice Mayor Lopez traveled to Washington DC on behalf of VTA to speak with federal representatives ; attended an event in Anaheim to help accept the Outstanding Agency of the Year Award for VTA.
Councilmember Furtado attended the Campbell Police Department swearin g in Ceremony; participated in the Teal run at Campbell Park which raises funds and awareness for Ovarian Cancer; attended the League of C A Cities Peninsula Division meeting and luncheon on rising sea levels; and noted Veterans Stand Down at the Santa Clara Fairgrounds will be providing medical, dental care, counseling and other services beginning on October 2, 2024.
Mayor Landry attended the Mayors and Managers meeting and announced that Vice Mayor Lopez was one of the speakers , representing VTA; and hosted the City of Campbell State of the City eve nt .
ADJOURN
Mayor Landry adjourned the meeting at 8:36 p.m.
APPROVED :
Minutes of October 1, 2024 City Council Meeting Page 10 ATTEST:
Susan M. Landry, Mayor
Andrea Sanders, City Clerk