CityCouncil_RegularSession_Attachments_05_17_2022 — Milpitas City Council, May 17, 2022 (part 1 of 4)

455 EAST CALAVERAS BOULEVARD, MILPITAS, CALIFORNIA 95035-5479 GENERAL INFORMATION: 408-586-3000, www.ci.milpitas.ca.gov 5/17/2022
Agenda Item No. #18

ATTACHMENT RELATED TO
AGENDA ITEM #18

SUBMITTED AFTER AGENDA

PACKET DISTRIBUTION

PUBLIC CORRESPONDENCE

C ITY OF M ILPITAS
From: Rob Means
To: City Clerk; Rich Tran; Carmen Montano; Karina Dominguez; Anthony Phan; Evelyn Chua Cc: Steven McHarris; Ned Thomas; Steve Erickson; Steve Chan; Fanny Yu; Elaine Marshall; Alex Andrade; Matt Kennedy; Tiffany Vuong
Subject: Re MILPITAS CITY COUNCIL AGENDA PACKET for May 17, 2022, Item 18: Adopt a Resolution to Adopt the Trail, Pedestrian, and Bicycle Master Plan Update
Date: Monday, May 16, 2022 5:27:17 PM
Attachments: trails-bike-master-plan-response.pdf
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links.

Re MILPITAS CITY COUNCIL AGENDA PACKET for May 17, 2022, Item 18: Adopt a Resolution to Adopt the Trail, Pedestrian, and Bicycle Master Plan Update Mayor and Council Members,
The World Meteorological Organization forecasts that within 2 years, there is a 20% chance that global temperatures will breach the critical 1.5 degrees Celsius (2.7 Fahrenheit) mark that scientists have warned us about for decades – and a 50% chance within 5 years. Given our dire situation, big and bold efforts - outside the box thinking – is critical to reducing CO2 emissions and the survival of our civilization.

While the Plan fails to mention the 3 pedestrian overcrossings (POC) recommended by LoopWorks, page 482 identifies for further study 4 completely different locations “where a new crossing is needed.” Absence of the 3 recommended POCs is especially curious because one of them is already in the 2023-2027 Capital Improvement Program: the Montague POC (Pedestrian Over Crossing) at Penitencia (project #2018, page 202). Two more POCs are needed to cross barriers presented by railroad tracks to the Parktown and The Pines neighborhoods. Details about all 3 POCs are in the email sent to Ms. Yu on April 12, 2021. When LoopWorks completes the $60M dual-loop PRT project serving the Metro Area, it will provide barrier crossings at all 3 locations and dramatically increase mobility at no cost to the City of Milpitas.

Although PRT ranks highly on the Plan’s various Project Priority descriptions, it was not mentioned nor ranked with other projects.

Safety is emphasized in the Plan in a graph (page 545) showing that over 50% of the fatalities in local accidents were pedestrians and cyclists. PRT has demonstrated over 80 million passenger miles without serious injury. The question of personal safety and security also applies to people using POCs. What is the the record for use of POCs?

While the Plan fails to mention the 3 pedestrian overcrossings (POC) recommended by LoopWorks, page 116 identifies for further study 4 completely different locations “where a new crossing is needed.” Absence of the 3 recommended POCs is especially curious because one of them is already in the 2023-2027 Capital Improvement Program: the Montague POC (Pedestrian Over Crossing) at Penitencia (project #2018, page 202). Two more POCs are needed to cross barriers presented by railroad tracks to the Parktown and The Pines neighborhoods. Details about all 3 POCs are in the email sent to Ms. Yu on April 12, 2021. When LoopWorks completes the $60M dual-loop PRT project serving the Metro Area, it will provide barrier crossings at all 3 locations and dramatically increase mobility at no cost to the City of Milpitas.

Although PRT ranks highly on the Plan’s various Project Priority descriptions , it was not mentioned nor ranked with other projects.

What is the the safety record for use of POCs?
Level of Traffic Stress is highlighted, but not relieved for residents of The Pines neighborhood. Their pedestrians and cyclists must endure 5000’ of high-speed, high-traffic streets to get from Cedar Way to the Transit Center (whether heading north or south). PRT provides the easy access that will encourage people to use those transit options.

The Connectivity Analysis (starting on page 549) shows areas of the City where walking and biking makes sense. It fails, however, to incorporate the difference that the LoopWorks initial dual-loop PRT system would make – or how extensions to the system might impact other areas.

As a pioneer in promoting e-bikes and scooters since 1996, I was gratified to see the Plan recommend that Milpitas implement electric bike and e-scooter share systems. LoopWorks anticipates the City will locate some system hubs at our station locations.

As stated in Circulation Element GOAL CIR 5 (page 444), “Implement measures that increase transit use and other non-motorized travel modes that lead to improved utilization of the existing transportation system, ...” As noted on our website, PRT will dramatically increase transit use. PRT will also contribute substantially to all of the other 6 goals.

LoopWorks hopes that you will find these comments useful in seeing the potential of PRT to advance the goals of this Plan. We hope you will take the first step toward an easement agreement with LoopWorks by reviewing the Memorandum of Understanding submitted to you in 2019.

Sincerely,
Rob Means, LoopWorks Secretary
[email protected]
https://MilpitasPRT.com Transit for all of us!

REGULAR MEETING OF THE MILPITAS

CITY COUNCIL
May 17, 2022 Milpitas City Council Agenda Page 1

AG END A
TUESDAY, MAY 17, 2022
CITY COUNCIL CHAMBERS, 455 E CALAVERAS BLVD, MILPITAS, CA 6:00 PM (CLOSED SESSION)
7:00 PM (PUBLIC BUSINESS)
For assistance in the following languages, you may call:

Đối với Việt Nam, gọi 408-586-2400
Para sa Tagalog, tumawag sa 408-586-3051
Para español, llame 408-586-3072
The City Council meeting is held in the City Council Chamber at City Hall, 455 E. Calaveras Blvd., Milpitas and via teleconference/Zoom webinar.

Councilmember Dominguez will be teleconferencing pursuant to Government Code Section 54953(b)(3) from the lobby of the Embassy Suite Hotel locate at 901 E.

Calaveras Blvd. Milpitas CA. The teleconference location shall be accessible to the public for the open session portion of the meeting. Members of the public will have the opportunity to address the City Council directly via Zoom from this location pursuant to Government Code Section 54954.3.

You may watch the Council meeting without providing public comment by accessing it via links here.

Meeting shall be livestreamed - Go to:

Facebook: https://www.facebook.com/CityofMilpitas/
YouTube: https://www.ci.milpitas.ca.gov/youtube
Web Streaming: https://www.ci.milpitas.ca.gov/webstreaming

PUBLIC COMMENT INSTRUCTIONS
Oral public comments may be provided live during the City Council meeting in person or by registering for the zoom meeting in advance. To register you will need to provide an email address (not disclosed) and a name. To minimize technical difficulties, please make sure that you have the latest version of the Zoom Application. Below is the link to register for this meeting only:
https://ci-milpitas-ca-gov.zoom.us/webinar/register/WN_FFXgJAGPSrOS0ZvUQAWzSw After you register a link will be sent to you to join the City Council meeting in order to give your comments.

All registered meeting attendees who wish to speak must click on the “raise hand” icon when the Mayor calls for public comments. If participating by calling in on your phone, dial *9 to use the “raise hand” feature, and when you are called upon, hit *6 to unmute your phone. Your phone number will be displayed in the live meeting. The Mayor will call the speakers to begin.

All comments provided shall be limited to three minutes or less as determined by the Mayor. All members of the public will be limited to one comment per agenda item, and one comment for non-agenda items.

MILPITAS CITY COUNCIL CODE OF CONDUCT
 Be respectful and courteous (words, tone, and body language).  Model civility.
 Avoid surprises.
 Praise publicly and criticize privately.
 Focus on the issue, not the person.
 Refrain from using electronic devices while on the Council dais.  Disclose conflicts of interest and affiliations related to agenda items.  Separate governing from campaigning.
 The Council speaks with one voice after making policy on issues.  Respect the line between policy and administration.
 Council will hold one another accountable to comply with this Code of Conduct. 1 May 17, 2022 Milpitas City Council Agenda Page 2
CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk (6:00 PM)

ADJOURN TO CLOSED SESSION
(a) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(2)
City as Defendant - See document attached
CLOSED SESSION ANNOUNCEMENT (7:00 PM)
Report on action taken in Closed Session, if required per Government Code Section 54957.1, including the vote or abstention of each member present.

PLEDGE OF ALLEGIANCE
INVOCATION (Mayor Tran)
PRESENTATIONS (7:05 PM)
 Asian Pacific American Heritage Month (Proclamation)
 Public Works Week (Proclamation)
 Memorial Day (Proclamation)
 Milpitas Robotics Team
 ADU Workshop Participants
PUBLIC FORUM (7:10 PM)
Those in the audience and via Zoom are invited to address City Council on any subject not on tonight’s agenda. In-person speakers wishing to address the Council are requested, but not required to complete a Speaker Card and submit it to the Mayor. In-person speakers will then be asked to come up to the podium and state their name for the record. Those interested in speaking via Zoom may do so by following the instructions on page one (1) of the agenda. Comments may be limited to three (3) minutes or less at the Mayor’s discretion. As an item not listed on the agenda, no response is required from City staff or the Council and no action can be taken. The City Council may instruct the City Manager to place the item on a future meeting agenda.

NOTE: If a member of the public wishes to share any presentation materials for Council consideration, they must be submitted to the Clerk’s Office by email to [email protected] by 12:00 p.m. on the day of the meeting. No presentations will be accepted in person in the Council Chambers.

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS (7:15 PM)
Members of the City Council or City Manager may make brief announcements at this time. Members of the City Council may also suggest future agenda items at this time. For future agenda items, the City Council shall not debate the topic or engage in discussion but shall simply state a “yes” or “no” as to whether to direct the City Manager to place the item on a future meeting agenda. If a majority of the City Council agrees to place an item on a future meeting agenda, the City Manager shall place the item on a future agenda for City Council discussion.

ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS

READING OF THE CITY COUNCIL CODE OF CONDUCT

APPROVAL OF AGENDA
CONSENT CALENDAR (7:25 PM)
Consent calendar items are considered to be routine and will be considered for adoption by one motion. There will be no separate discussion of these items unless a City Councilmember, member of the audience or staff requests the Council to remove an item from (or be added to) the consent calendar. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar. 2 May 17, 2022 Milpitas City Council Agenda Page 3
C1. Receive the City Council Calendar of Meetings for May and June 2022 (Staff Contact: Wendy Wood, City Clerk, 408-586-3001)
Recommendation: Receive the City Council Calendar of Meetings for May and June 2022.

C2. Approve the Regular Meeting Minutes of May 3, 2022 and the Special Meeting Minutes of May 10, 2022 (Staff Contact: Wendy Wood, City Clerk, 408-586-3001) Recommendation: Approve the Regular Meeting Minutes of May 3, 2022 and the Special Meeting Minutes of May 10, 2022.

C3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Wendy Wood, City Clerk, 408-586-3001)
Recommendation: Receive the list of anticipated agenda items for the next regular City Council meeting.

C4. Receive and Review the List of Agenda Items Requested by City Councilmembers (Contact:

Mayor and City Councilmembers, 408-586-3000)
Recommendation: Review the list of items that have been requested by City Councilmembers and provide direction to staff as necessary. No substantive discussion about any specific item shall occur and the City Council shall hold all debate about the item until it is scheduled as a full agenda item.

C5. Adopt a Resolution Approving the Annual Engineer’s Report, Adopt a Resolution Declaring Its Intention to Levy and Collect Assessments, and Provide Notice of the Public Hearing to be held on June 21, 2022, for Landscaping and Lighting Maintenance Assessment District No. 98-1 (LLMD 98-1 Sinclair Horizon) (Staff Contact: Steve Erickson, Engineering Director 408-586-3301) Recommendation: Adopt a resolution approving the Annual Engineer’s Report, adopt a resolution declaring its intention to levy and collect assessments, and provide notice of the Public Hearing to be held on June 21, 2022, for LLMD 98-1 Sinclair Horizon.

C6. Adopt a Resolution Approving the Annual Engineer’s Report, Adopt a Resolution Declaring Its Intention to Levy and Collect Assessments, and Provide Notice of Public Hearing to be held on June 21, 2022 for Landscaping and Lighting Maintenance Assessment District No. 95-1 (LLMD 95-1 McCarthy Ranch) (Staff Contact: Steve Erickson, Engineering Director 408-586-3301) Recommendation: Adopt a resolution approving the Annual Engineer’s Report, adopt a resolution declaring its intention to levy and collect assessments, and provide notice of public hearing to be held on June 21, 2022 for LLMD 95-1 McCarthy Ranch.

C7. Adopt a Resolution to Approve Project Plans and Specifications, Award Construction Contract to DeSilva Gates Construction LLC for Street Resurfacing Project Nos. 4283, 4298, 4303; and Approve Budget Change for Project Nos. 4303 and 4298 (Staff Contact: Steve Erickson, Engineering Director/City Engineer 408-586-3301)
Recommendation: Adopt a resolution to approve Project Plans & Specifications; award the Construction Contract to the lowest responsible, and responsive bidder, DeSilva Gates Construction LLC, in the amount of $4,754,451.00 for the Street Resurfacing Project Nos. 4283, 4298, 4303; authorize the City Manager to execute the Construction Contract with DeSilva Gates Construction LLC; authorize the Engineering Director/City Engineer to negotiate and execute Contract Change Order(s) in an aggregate amount Not to Exceed $1,188,612.75 for the project; and approve the Budget Change to appropriate funding for CP 4298 and CP 4303.
3 May 17, 2022 Milpitas City Council Agenda Page 4
C8. Resolution Granting City Staff Enforcement Authority Regarding the Distribution of Single-use Foodware Accessories and Standard Condiments consistent with Assembly Bill 1276 (Staff Contact: Elaine Marshall, Deputy Public Works Director, 408-586-2603) Recommendation: Adopt a resolution granting City staff authority regarding the distribution of singleuse foodware accessories and standard condiments consistent with Assembly Bill 1276.

C9. Authorize the City Manager to Execute an Administrative Services Agreement and the Government Money Purchase Plan and a Trust Agreement and related documents with Mission Square Retirement for a 401A program for Unrepresented Executive Management and modify Resolution 8980, Unrepresented Employee Benefits (Staff Contact: Jeannine Seher, Director of Human Resources, 408-586-3086)
Recommendation: Authorize the City Manager to execute an Administrative Services Agreement and the Government Money Purchase Plan and a Trust Agreement and related documents with Mission Square Retirement for a 401A program for Unrepresented Executive Management and modify Resolution 8980, Unrepresented Employee Benefits.

C10. Adopt a Resolution Granting an Easement to Santa Clara Valley Water District and Authorizing the City Manager to Execute the Grant of Easement, and Any and All Necessary Documents, in a Form Approved by the City Attorney, for the Access to Operate, Inspect, Maintain, Repair, and Reconstruct the Milpitas Pipeline, the Intertie, and Appurtenant Structures at Gibraltar Water Pump Station (Staff Contact: Tony Ndah, Public Works Director, 408-586-2602) Recommendation: Adopt a resolution granting an easement to Santa Clara Valley Water District and authorizing the City Manager to execute the Grant of Easement, and any and all necessary documents, in a form approved by the City Attorney, for the access to operate, inspect, maintain, repair, and reconstruct the Milpitas Pipeline, the Intertie, and appurtenant structures at Gibraltar Water Pump Station.

C11. Review the FY 2021-22 Quarterly Financial Status Report for the Quarter Ending March 31, 2022 (Staff Contact: Lauren Lai, Finance Director, 408-586-3111) Recommendation: Review the FY 2021-22 Quarterly Financial Status Report for the Quarter Ending March 31, 2022.

C12. Authorize the City Manager to Amend the Memorandum of Understanding between the City and the International Association of Fire Fighters (IAFF), Local 1699 Modifying the Eligible Participants for the Retiree Dependent Medical Fund (Staff Contact: Jeannine Seher, Director of Human Resources, 408-586-3086)
Recommendation: Authorize the City Manager to amend the Memorandum of Understanding between the City and the International Association of Fire Fighters (IAFF), Local 1699 modifying the eligible participants for the Retiree Dependent Medical Fund.

C13. Approve and Authorize the City Manager to Enter into a Side Letter to Amend the Memorandum of Understanding between the City and United Public Employees of California (UPEC Local 792), the Professional-Technical Unit (Staff Contact: Jeannine Seher, Director of Human Resources, 408-586-3086)
Recommendation: Approve and authorize the City Manager to enter into a side letter agreement with the United Public Employees of California (UPEC Local 792), the Professional-Technical Unit adding a new section to the Memorandum of Understanding to compensate qualified Community Service 4 May 17, 2022 Milpitas City Council Agenda Page 5
Officers when expressly assigned to work as Field Evidence Technicians (FET) a 5% pay differential above their base salary.

C14. Make Findings and Determinations Set Forth in Assembly Bill 361 and Adopt a Resolution Authorizing Virtual Meetings of the City Council and Legislative Bodies (Staff Contact: Michael Mutalipassi, City Attorney, 408-586-3040)
Recommendation: Move to make findings and determinations under Assembly Bill 361 and adopt a resolution authorizing virtual meetings of the City Council and legislative bodies.

C15. Authorize and Approve Out-of-State Travel to Reno, NV for Mayor Rich Tran, and Vice Mayor Carmen Montano to Attend the United States Conference of Mayors to be Held on June 3 – 6, 2022 for a Combined Total Estimated Amount of $4,700 (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3053)
Recommendation: Authorize and approve out-of-state travel to Reno, NV for Mayor Rich Tran, and Vice Mayor Carmen Montano to attend the United States Conference of Mayors to be held on June 3 – 6, 2022 for a combined total estimated amount of $4,700.

C16. Receive an Update on the Emergency Replacement of Two (2) Boilers and Install of a Temporary Heating System for the Public Works, Information Technology, and Police Department Building and Determine that the Condition Continues to Constitute an Emergency (Staff Contact: Tony Ndah, Public Works Director, 408-586-2602)
Recommendation: Receive an update on the emergency replacement of two boilers and the installation of a temporary heating system for the Public Works, Police and Information Technology Department buildings; and (2) Determine by a four-fifths vote that the condition continues to constitute an emergency.

PUBLIC HEARINGS (7:30 PM)
Members of the public may be allotted up to three (3) minutes or less at the Mayor’s discretion, to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of ten (10) minutes for opening statements and up to a total of five (5) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.

17. Adopt a Resolution Approving a Site Development Permit, Conditional Use Permit, Vesting Tentative Map, Density Bonus Permit, Tree Removal Permit, and Environmental Assessment to allow the development of 56 townhome condominiums and 24 accessory dwelling units. The residential development will consist of eight multi-family residential buildings up to 48 feet in height (four stories), with 84 vehicle parking spaces and associated site improvements on a 1.92- acre site located in the Very High-Density Mixed-Use (MXD3) Zoning District at 1752-1810 Houret Court. The Project is located within the Transit Area Specific Plan (TASP) area and submitted under California Senate Bill 330 (Housing Crisis Act of 2019). (Ned Thomas, Planning Director, 408-586-3273)
Recommendation: Adopt a resolution to approve Site Development Permit No. SD21-0012, Conditional Use Permit No. UP21-0006, Vesting Tentative Map No. MT21-0002, Density Bonus Permit No. DB21- 0001, Tree Removal Permit No. TR21-0035, and Environmental Assessment No. EA21-0004, subject to the Conditions of Approval.

18. Adopt a Resolution to Adopt the Trail, Pedestrian, and Bicycle Master Plan Update and Adopt the Trail, Pedestrian, and Bicycle Master Plan Initial Study Mitigated Negative Declaration (Staff Contact: Steve Erickson, Engineering Director/City Engineer, 408-586-3301, Steve Chan, Transportation and Traffic Manager, 408-586-3324)
5 May 17, 2022 Milpitas City Council Agenda Page 6
Recommendation: (1) Open the public hearing for comments and move to close the hearing; (2) Adopt the Trail, Pedestrian, and Bicycle Master Plan Initial Study/Mitigated Negative Declaration and its associated Mitigation Monitoring and Reporting Program; (3) Adopt a Resolution to Adopt the Trail, Pedestrian, and Bicycle Master Plan Update; and (4) Authorize the Engineering Director/City Engineer to file a Notice of Determination in accordance with CEQA Guidelines Section 15075.

COMMUNITY DEVELOPMENT (9:00 PM)

19. Adopt a Resolution Certifying Election Results and Adding the Property Located at 308 Sango Court into Community Facilities District No. 2008-1 (Annexation No. 22) (Staff Contact: Steve Erickson, Engineering Director/City Engineer, 408-586-3301) Recommendation: Following receipt of election results from the City Clerk, adopt a resolution certifying election results and adding the property located at 308 Sango Court into Community Facilities District No. 2008-1 (Annexation No. 22).

20. Receive Progress Report on The Work Completed and Existing Conditions Analysis from Ascent Environmental and Staff on the Milpitas Gateway-Main Street Specific Plan, Discuss Plan Objectives and Priorities, and Provide Direction on Key Planning Concepts and Land Use Strategies (Staff Contact: Ned Thomas, Planning Director, 408-586-3273 and Jay Lee, Principal Planner, 408-586-3077)
Recommendation: Receive progress report on the work completed and existing conditions analysis from Ascent Environmental and staff on the Milpitas Gateway-Main Street Specific Plan, discuss Plan objectives and priorities, and provide direction on key planning concepts and land use strategies.

COMMUNITY SERVICES AND SUSTAINABLE INFRASTRUCTURE (10:00 PM)

21. Receive Presentation from Bay Area Air Quality Management District Staff on the Results of the South Bay Odor Attribution Study (Staff Contact: Tony Ndah, Public Works Director, 408-586- 2602 and Steve Erickson, Engineering Director/City Engineer, 408-586-3301) Recommendation: Receive a presentation from Bay Area Air Quality Management District Staff on the results of the South Bay Odor Attribution Study.

ADJOURNMENT (10:30 PM)

KNOW YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE
Government’s duty is to serve the public, reaching its decisions in full view of the public. Commissions and other City agencies exist to conduct the people’s business. This ordinance assures that deliberations are conducted before the people and City operations are open to the people’s review. For more information on your rights under the Open Government Ordinance or to report a violation, contact the City Attorney’s office at Milpitas City Hall, 455 E. Calaveras Blvd., Milpitas, CA 95035 e-mail:[email protected] / Phone: 408-586-3040 The Open Government Ordinance is codified in the Milpitas Municipal Code as Title I Chapter 310 and is available online at the City’s website www.milpitas.gov by selecting the Milpitas Municipal Code link.

Materials related to an item on this agenda submitted to the City Council after initial distribution of the agenda packet are available for public inspection at the City Clerk’s office at Milpitas City Hall, 3rd floor 455 E. Calaveras Blvd., Milpitas and on City website. City Council agendas and related materials can be viewed online: www.milpitas.gov/government/council/agenda_minutes.asp (select meeting date)

APPLY TO SERVE ON A CITY COMMISSION
Commission application forms are available online at www.milpitas.gov or at Milpitas City Hall. 6 May 17, 2022 Milpitas City Council Agenda Page 7
Contact the City Clerk’s Office at 408-586-3001 for more information.

If you need assistance, per the Americans with Disabilities Act, for any City of Milpitas public meeting, please call the City Clerk at 408-586-3001 or send an e-mail to [email protected] prior to the meeting. You may request a larger font agenda.
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MILPITAS CITY COUNCIL CALENDAR
May 2022
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 9:00 AM-Asian
Pacific American
Month Flag
Raising Event
(Cesar Chavez
Plaza)
2 7:00 PM-Parks, Recreation &
Cultural Resources Commission
(CM)
3 7:00 PM-City Council
4 2:00 PM-Santa Clara VTA
Monthly Briefing - Northeast
Group (CM)
7:00 PM-Community Advisory
Commission (EC)
5 10:30 AM-South Bay Odor Stakeholders
Group Quarterly Meeting (RT)
12:00 PM-National Day of Prayer
Gathering, City Hall
5:30 PM-Santa Clara VTA Board of
Directors (CM)
6 7
10:00 AMSenior
Center
Open
House
8 9
Tent: 10:00 AM-AB1234
Training – Virtual Session
4:30 PM-Economic
Development and Trade
Commission (KD)
10 4:00 PM-Milpitas HOPE
Suicide Prevention Task
Force
5:30 PM-Special Council
Meeting: FY2022-23 Budget
Study Session
11 7:00 PM-Planning Commission
7:00 PM-Silicon Valley Clean
Energy Board of Directors (EC)
12 3:30 PM-Cones with a Cop Event, Baskin
Robbins, 357 Jacklin Road
4:00 PM-Santa Clara VTA Policy Advisory
Committee (AP)
7:00 PM-Cities Assoc of SCC (CM)
7:00 PM-Youth Advisory Commission
(EC)
13 *4:30 PM-City Council
Finance Subcommittee
(RT/CM)
7:45 PM-Classic Movies
Under the Stars (Civic
Center Plaza)
14 15
9:00 AM-Public
Safety Day Flag
Raising Event
(Veterans Plaza)
16 7:00 PM-Science, Technology,
and Innovation Commission
(RT)
7:00 PM-Library and Education
Commission (EC)
17 6:00 PM-Closed Session
7:00 PM-City Council
18 4:00 PM-Special City Council
Transportation Subcommittee
(RT/CM)
6:00 PM-Energy and
Environmental Sustainability
Commission (EC)
19 10:00 AM-VTA Congestion Mgmt
Program Planning Committee (CM)
3:00 PM-VTA Safety, Security, Transp.

Planning & Operations Committee (CM)
4:00 PM-Treatment Plant Advisory
Committee (CM)
6:30 PM-Bay Area Water Supply Conserv
Agency (CM)
7:00 PM-Public Safety and Emergency
Preparedness Commission (KD)
20 10:30 AM-Milpitas Gun
Buyback Press
Conference (Community
Center)
21 22
9:00 AM-Gun
Buy Back
Program
(Milpitas Comm.

Center)
23 7:00 PM-Arts Commission (RT)
24 25
1:30 PM-SCC Emergency
Operational Area Council Meeting
(CM)
2:00 PM-City Council Housing
Subcommittee (AP/EC)
7:00 PM-Planning Commission
26 27
4:00 PM-City/School
Collaborative Subcom –
school hosting (RT/CM)
28 29 30
9:00 AM-Memorial Day
Ceremony (Veterans Plaza)
City Hall Closed
31 April 2022

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June 2022

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League of CA Cities City Leaders Summit, Sacramento CA: CM Evelyn Chua and CM Karina R. Dominguez 11 Item # C1.

Updated 5/13/22
Milpitas City Council Calendar
June 2022
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2:00 PM-Santa Clara VTA
Monthly Briefing - Northeast
Group (CM)
5:30 PM-Veterans Commission
(RT)
7:00 PM-Community Advisory
Commission (EC)
2 5:30 PM-Milpitas Chamber of
Commerce Board (EC)
5:30 PM-Santa Clara VTA Board
of Directors (CM)
3 4
Tent: United States Conference of Mayors, Reno
Nevada (RT/CM) June 3-June 5
5 6
7:00 PM-Parks, Recreation &
Cultural Resources Commission
(CM)
7 ?:00 PM-Closed Session
7:00 PM-City Council
8 7:00 PM-Silicon Valley Clean
Energy Board of Directors (EC)
7:00 PM-Planning Commission
9 4:00 PM-Treatment Plant
Advisory Committee (CM)
4:00 PM-Santa Clara VTA Policy
Advisory Committee (AP)
7:00 PM-Youth Advisory
Commission (EC)
7:00 PM-Cities Assoc of SCC
(CM)
10 3:00 PM- City Council
Transportation Subcommittee
(RT/CM)
*4:30 PM-City Council Finance
Subcommittee (RT/CM)
8:30 PM-Movie Night Out –
Ghostbusters Afterlife [Starlite
Park]
11 12 13
4:30 PM-Economic Development
and Trade Commission (KD)
14 4:00 PM-Milpitas HOPE Suicide
Prevention Task Force
5:30 PM-Special City Council
15 6:00 PM-Energy and
Environmental Sustainability
Commission (EC)
16 5:30 PM-Measure F Oversight
Committee
6:30 PM-Bay Area Water Supply
& Conservation Agency (CM)
17 9:00 AM-VTA Board of Directors
Meeting (CM)
6:30 PM-Summer Concert
Series – Good Time Collective
[Murphy Park]
18 3:00 PMMilpitas
Family
Campout
(Higuera
Adobe)
19 9:00 AMJuneteenth
Flag Raising
(Cesar
Chavez
Plaza)
20 7:00 PM-Science, Technology,
and Innovation Commission (RT)
21 ?:00 PM-Closed Session
7:00 PM-City Council
22 5:30 PM-Cities Assoc. of SCC -
Recycling and Waste Reduction
Commission (AP)
7:00 PM-Planning Commission
23 12:00 PM-SCC Library JPA
Board of Directors (EC)
5:30 PM-Commissioners’
recognition and State of the City
Address (Veterans Plaza)
24 4:00 PM-City/School
Collaborative Subcommittee
(RT/CM)
8:30 PM-Movie Night Out –
Luca [Sunnyhills Augustine Park]
25 26 27
7:00 PM-Special Arts
Commission (RT)
28 1:30 PM-Senior Advisory
Commission (EC)
29 30
*Finance Subcommittee will only meet as needed
May 2022

S M T W T F S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31
July 2022

S M T W T F S
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31 12
Item # C1.

REGULAR MEETING OF THE MILPITAS

CITY COUNCIL
May 03, 2022 Milpitas City Council Agenda Page 1

MINUTES
TUESDAY, MAY 3, 2022
CITY COUNCIL CHAMBERS, 455 E CALAVERAS BLVD, MILPITAS, CA 7:00 PM (PUBLIC BUSINESS)
The City Council of the City of Milpitas convened on the regular City Council meeting day of May 3, 2022, in the City Council Chamber at City Hall, 455 E. Calaveras Blvd., Milpitas, and via teleconference/Zoom webinar.

CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk Mayor Tran called the regular City Council meeting to order at 7:00 PM. Roll Call was taken by City Clerk Wood.

PRESENT: Mayor Tran, Vice Mayor Montano, Councilmembers Chua, Dominguez (arrived at approximately 7:05 PM), and Phan
ABSENT: None

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Tran.

INVOCATION
Mayor Tran led the invocation and observed a moment of silence for Norman Mineta.

PRESENTATIONS
Mayor Tran proclaimed the month of May as Affordable Housing and Building Safety Month, National Mental Health Awareness Month, and Older Americans Month.

PUBLIC FORUM
Those in the audience and via Zoom are invited to address City Council on any subject not on tonight’s agenda. In-person speakers wishing to address the Council are requested, but not required to complete a Speaker Card and submit it to the Mayor. In-person speakers will then be asked to come up to the podium and state their name for the record. Those interested in speaking via Zoom may do so by following the instructions on page one (1) of the agenda. Comments may be limited to three (3) minutes or less at the Mayor’s discretion. As an item not listed on the agenda, no response is required from City staff or the Council and no action can be taken. The City Council may instruct the City Manager to place the item on a future meeting agenda.

The following spoke during the Public Forum:

1. Member of the Public

2. Voltaire Montemayor

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
Members of the City Council or City Manager may make brief announcements at this time. Members of the City Council may also suggest future agenda items at this time. For future agenda items, the City Council shall not debate the topic or engage in discussion but shall simply state a “yes” or “no” as to whether to direct the City Manager to place the item on a future meeting agenda. If a majority of the City Council agrees to place an item on a future meeting agenda, the City Manager shall place the item on a future agenda for City Council discussion. 13 Item # C2.

May 03, 2022 Milpitas City Council Agenda Page 2
Mayor Tran requested the Science, Technology, and Innovation Commission agendize and explore a comprehensive internet connectivity plan.

Councilmember Dominguez requested the following:

1. Explore installing a light or four-way stop sign at the Fanyon and Kennedy Street intersection during the budget or the CIP process and requested a presentation on the update for the intersection road safety plan.

2. Request for Council to draft and release a written statement supporting women’s right to choose and support the opposition to the Supreme Court draft opinion regarding Roe versus Wade.

The two requests did not receive a majority of Council support.

Councilmember Chua thanked the Filipino America Real Estate Professional Association, the Milpitas Chamber of Commerce, and City staff, for last week’s ADU workshop. She announced the Senior Resource Fair will be on Saturday, May 7, from 11:00 AM to 1:00 PM.

Vice Mayor Montano attended the Westmont Senior Living One-Year anniversary event, attended the ADU workshop event, and announced that the Parks and Recreation Commission will be having a summer camping program.

Councilmember Phan commented on reproductive rights and spoke about a letter to be sent to the governor to establish California as a sanctuary for the right of women to control their own bodies.

ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS City Attorney Mutalipassi asked the Mayor and City Councilmembers if they had any personal conflicts of interest. By roll call, there were no conflicts of interest. City Attorney Mutalipassi asked the Mayor and City Councilmembers if they had any reportable campaign contributions. By roll call, there were no reportable campaign contributions.

READING OF THE CITY COUNCIL CODE OF CONDUCT
Mayor Tran read aloud the City Council Code of Conduct.

APPROVAL OF AGENDA
Mayor Tran asked to move item 18 after item 15 and approved the agenda.

CONSENT CALENDAR
Consent calendar items are considered to be routine and will be considered for adoption by one motion. There will be no separate discussion of these items unless a City Councilmember, member of the audience or staff requests the Council to remove an item from (or be added to) the consent calendar. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar.

Motion: to approve the Consent Calendar.

Motion/Second: Mayor Tran / Vice Mayor Montano
Motion carried by the following:

AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
14 Item # C2.

May 03, 2022 Milpitas City Council Agenda Page 3
C1. Receive the City Council Calendar of Meetings for May 2022 (Staff Contact: Wendy Wood, City Clerk, 408-586-3001)
Received the City Council Calendar of Meetings for May 2022.

C2. Approve the Special City Council Meeting Minutes of April 19, 2022, and the Regular Meeting Minutes of April 19, 2022 (Staff Contact: Wendy Wood, City Clerk, 408-586-3001) Approved the Special City Council meeting minutes of April 19, 2022, and the Regular Meeting Minutes of April 19, 2022.

C3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Wendy Wood, City Clerk, 408-586-3001)
Received the list of anticipated agenda items for the next regular City Council meeting.

C4. Adopt a Resolution Requesting the Allocation of the Transportation Development Act (TDA), Article 3 Funding for the City’s American Disability Act (ADA) Curb Ramp Transition Program, Project No. 4283 (Staff Contact: Steve Chan, Transportation and Traffic Manager, 408-586-3324) Adopted Resolution No. 9143 requesting the allocation of the Transportation Development Act (TDA), Article 3 Funding for the City’s American Disability Act (ADA) Curb Ramp Transition Program, Project No. 4283.

C5. Adopt a Resolution Designating Project No. 4304 Street Resurfacing 2022-2023 to be Funded by SB-1 The Road Repair and Accountability Act of 2017 (Staff Contact: Steve Erickson, Engineering Director/City Engineer, 408-586-3301)
Adopted Resolution No. 9144 designating Project No. 4304 Street Resurfacing 2022-2023 to be funded by SB-1 The Road Repair and Accountability Act of 2017.

C6. Authorize the City Manager to Accept $31,474.00 in Grant Funding, Approve and Authorize the City Manager to Execute a Funding Agreement Between the Bureau of Reclamation and the City of Milpitas, and Approve $27,655.00 in Matching Funds for the Installation of Pressure Loggers Throughout the City’s Water System (Staff Contact: Tony Ndah, Public Works Director 408-586- 2602)
Authorized the City Manager to accept $31,474.00 in grant funding in the amount of $31,474.00, approved and authorized the City Manager to execute a funding agreement between the Bureau of Reclamation and the City of Milpitas, and approved $27,655.00 in matching funds for the installation of pressure loggers throughout the City’s water system.

C7. Adopt a Resolution to Supersede Resolution 9102 to Add the Commemoration of Mexican Independence Day at Cesar Chavez Plaza (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409)
Adopted Resolution No. 9145 to supersede Resolution 9102 to add the commemoration of Mexican Independence Day at Cesar Chavez Plaza.

C8. Accept Additional FY 2021 Citizens’ Option for Public Safety (COPS) Grant in the Amount of $72,578.93 for Front-Line Law Enforcement Services; Approve the Addition to the Spending Plan; and Approve the Appropriation of Funds in the Total Amount of $72,578.93 to the Police Department’s FY 2021-22 Operating Budget for Front-Line Law Enforcement Services (Staff Contact: Jared Hernandez, Police Chief, 408-586-2406)
15 Item # C2.

May 03, 2022 Milpitas City Council Agenda Page 4
Accepted additional FY 2021 Citizens’ Option for Public Safety (COPS) Grant in the amount of $72,578.93 for Front-Line Law Enforcement Services; approved the addition to the Spending Plan, and approved the appropriation of funds in the total amount of $72,578.93 to the Police Department’s FY 2021-22 Operating Budget for Front-Line Law Enforcement Services.

C9. Accept FY 2022 Citizens’ Option for Public Safety (COPS) Grant in the Amount of $115,913.00 for Front-Line Law Enforcement Services and Approve the Appropriation of Funds in the Total Amount of $115,913.00 to the Police Department’s FY 2021-22 Operating Budget for Front-Line Law Enforcement Services (Staff Contact: Jared Hernandez, Police Chief, 408-586-2406) Accepted FY 2022 Citizens’ Option for Public Safety (COPS) Grant in the amount of $115,913.00 for Front-Line Law Enforcement Services, and approved the appropriation of funds in the total amount of $115,913.00 to the Police Department’s FY 2021-22 Operating Budget for Front-Line Law Enforcement Services.

C10. Receive an Update on the Emergency Replacement of Two (2) Boilers and the Installation of a Temporary Heating System for the Public Works, Police, and Information Technology Department Buildings; and Determine that the Condition Continues to Constitute an Emergency (Staff Contact: Tony Ndah, Public Works Director, 408-586-2602) Received an update on the emergency replacement of two boilers and the installation of a temporary heating system for the Public Works, Police, and Information Technology Department buildings; and determined by a unanimous vote that the condition continues to constitute an emergency.

C11. Approve the Sole Source Purchase and Installation of Eleven (11) Ward’s No Smoke Diesel Exhaust Removal System for an Amount Not to Exceed $113,027.46; and Authorize the City Manager, or Designee, to Execute the Purchase, Sale, and Security Agreement with Ward Required to Complete the Purchase (Staff Contact: Tony Ndah, Public Works Director, 408-586- 2602)
Adopted Resolution No. 9146 approving the Sole Source purchase of eleven (11) Ward’s No Smoke Diesel Exhaust Removal System for an amount not to exceed $113,027.46; and authorized the City Manager, or designee, to execute the purchase, sale, and security agreement, to complete the purchase.

C12. Waive the Second Reading and Adopt Ordinance No. 311 to Establish Guidelines for the Acquisition, Funding, Use and Reporting of “Controlled Equipment,” as the Term is Defined in Government Code Section 7070 and to Fulfill the Obligations Set Forth in Assembly Bill No. 481 (Staff Contact: John Torrez, Assistant Police Chief, 408-586-2408) Waived the second reading and adopted Ordinance No. 311 to Establish Guidelines for the Acquisition, Funding, Use and Reporting of “Controlled Equipment,” as the Term is Defined in Government Code Section 7070 and to Fulfill the Obligations Set Forth in Assembly Bill No. 481.

C13. Receive the Monthly Report for Unhoused Services (Staff Contact: Sharon Goei, Building Safety and Housing Director, 408-586-3260)
Received the February 2022 report for unhoused services.

C14. Authorize and Approve Travel to Sacramento, CA for Councilmember Evelyn Chua and Councilmember Karina R. Dominguez to Attend the League of California Cities City Leaders Summit to be Held on May 11 – 13, 2022 for a Combined Total Estimated Amount of $2,500 (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3053) 16 Item # C2.

May 03, 2022 Milpitas City Council Agenda Page 5
Authorized and approved travel to Sacramento, CA for Councilmember Evelyn Chua and Councilmember Karina R. Dominguez to attend the League of California Cities City Leaders Summit to be held on May 11 – 13, 2022 for a combined total estimated amount of $2,500.

PUBLIC HEARINGS
Members of the public may be allotted up to three (3) minutes or less at the Mayor’s discretion, to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of ten (10) minutes for opening statements and up to a total of five (5) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.

15. Hold a Public Hearing and Adopt a Resolution Approving the 2023-2027 Capital Improvement Program (Staff Contact: Steve Erickson, Engineering Director/City Engineer, 408-586-3301, Michael Silveira, CIP Manager, 408-586-3303)
Engineering Director/City Engineer Erickson introduced the item and Capital Improvement Program Manager Silveira presented the staff report.

Mayor Tran opened the public hearing.

The following spoke during the public hearing:

1. Voltaire Montemayor

2. Ana Iontcheva

3. Robert Means
Mayor Tran closed the public hearing.

Council discussed funding for the softball fields.

Deputy City Manager Rossmann, Finance Director Lai, Public Works Director Ndah, and Engineering Director/City Engineer Erickson provided additional information.

Council discussed reallocating $300,000 from the Quiet Zone study and moving it to the Street Sweeping Project, reallocating $300,000 from the Rose Garden project, and moving it to the Softball Project, and stated support for funding the Council Chamber AV System assessment and design.

After discussion, motion: to adopt Resolution No. 9147 approving the 2023-2027 Capital Improvement Program with amendments to reallocate $300,000 from the Quiet Zone study to the Street Sweeping project, reallocate $300,000 from the Rose Garden project to the Softball Fields project, and support funding the Council Chamber AV assessment and design.

Motion/Second: Mayor Tran / Vice Mayor Montano
Motion carried by the following roll call vote:

AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None

COMMUNITY DEVELOPMENT

16. Receive a Presentation and Provide Direction to Staff Regarding Conceptual Plans for a Proposed Mixed-Use Development Project, up to 60 Feet (5 Stories) in Height, with up to 94 Multi-family Residential Units and Approximately 2,000 sq. ft. of Ground-floor Retail on a 1.25- acre Vacant Parcel Situated Between South Main Street and Abel Street, Approximately 500 Feet South of Serra Way (APN: 083-06-008) (Staff Contact: Ned Thomas, Planning Director, 408-586- 3273; and Lillian VanHua, Senior Planner, 408-586-3073) 17 Item # C2.

May 03, 2022 Milpitas City Council Agenda Page 6
Planning Director Thomas introduced the item.

Mayor Tran stated he would be recusing himself from this item due to the proximity of the project to his residence and handed the gavel to the Vice Mayor.

Senior Planner VanHua presented the staff report.

Project Applicant Kevin Weiss provided additional information on the proposed project.

Council received presentations from staff and the applicant, discussed the proposed mixed-use development project and stated general support to increase the affordable housing to 20%.

Councilmember Chua requested the development look at other options for the proposed restaurant area.

Councilmember Dominguez requested the development provide a community space.

Vice Mayor Montano requested the art piece on the development be a historical piece that represents Old Town Main Street.

The following spoke during public comment:

1. Voltaire Montemayor
Mayor Tran returned to the dais.

17. Accept Staff Report Providing an Update on the Mil on Main Project Located at 1380-1400 South Main Street; and Direct the City Manager as to Whether or Not to Send a Letter of Support to the County of Santa Clara for the Conversion to a 100% Deed Restricted Affordable Housing Project, with On-Site Support Services (Staff Contact: Sharon Goei, Building Safety and Housing Director, 408-586-3260)
Building Safety and Housing Director Goei presented the staff report.

Project Applicate and Vice President of the Core Companies Vince Cantore gave a presentation on the proposed project.

City Attorney Mutalipassi stated that Vice Mayor Montano has recused herself based on the location of the project.

The following spoke during public comment:

1. Voltaire Montemayor

2. Robert Stromberg

3. Janette Stokley

4. Connie Frenzel
County of Santa Clara Office of Supportive Housing Director, Consuelo Hernandez, provided additional information.

Consultant and Vice President of the John Stewart Company, Warren Reed, provided additional information.

After discussion, motion: to accept the staff report providing an update on the Mil on Main project located at 1380-1400 South Main Street and direct the City Manager to send a letter of support to the 18 Item # C2.

May 03, 2022 Milpitas City Council Agenda Page 7
County of Santa Clara for the conversion to a 100% deed-restricted affordable housing project, with onsite support services.

Councilmember Chua made a friendly amendment to provide direction to maximize the rapid rehousing for families if possible, make sure the lease will be broken if a resident commits a felony, ensure social services are comparable to the number of residents based on the ratio, make sure the contract will always be 176 units, 20 units for Intellectual and Developmentally Disabled (IDD), and 24 for Rapid Rehousing (RRH) for the perpetuity of the project, make sure the agreement has to be approved by the City in terms of the contract, and increase the marketing for Milpitas residents.

Mayor Tran and Councilmember Phan accepted the friendly amendments.

Motion/Second: Mayor Tran / Councilmember Phan
Motion carried by the following roll call vote:

AYES: Councilmembers Chua, Dominguez, Phan, Mayor Tran
NOES: None
RECUSE: Vice Mayor Montano

COMMUNITY SERVICES AND SUSTAINABLE INFRASTRUCTURE
*18. Review the Proposed Streets, Parks, and Facilities Naming Policy and Provide Feedback to Staff (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409) *This item was taken out of order
Recreation and Community Services Director Lorentzen presented the staff report.

Mayor Tran requested Robert Livengood’s name be considered for the list for McCandless Park.

Councilmember Dominguez requested the policy include language to prohibit using the names of current Councilmembers approving the policy.

Vice Mayor Montano requested the City reinstate the Facility Naming Council Subcommittee.

Councilmember Chua requested the City be more diversified in naming City structures.

The following spoke during public comment:

1. Voltaire Montemayor
Mayor Tran stated that Council has provided feedback to staff and authorized staff to begin the process of naming McCandless Park.

LEADERSHIP AND SUPPORT SERVICES

19. Review the List of Agenda Item Requests From Individual Councilmembers and Provide Direction to Staff, Through the Prioritization Process, on the Items In Groups 1; and Provide Additional Clarification to Staff, If Any, on Group 2 Items (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3053; Walter C. Rossmann, Deputy City Manager, 408-586-3012) Assistant City Manager Kantak presented the staff report. 19 Item # C2.

May 03, 2022 Milpitas City Council Agenda Page 8
The following spoke during public comment:

1. Voltaire Montemayor
Council reviewed the list of agenda item requests from individual Councilmembers, and individually voted electronically for five items in group one to advance as a priority.

City Clerk Wood read the result of the vote with the following items receiving a majority of votes and moving forward:

CC 3 Explore Making Temporary 3
rd
-Party Food Delivery Fee Caps Permanent
CC 4 Develop a Plan for Future Solar Panels at City Facilities CC 6 Evaluate Childcare Center Reopening to be Operated by a Non=Profit Organization CC 8 Explore Mural Art on Great Mall Parkway on VTA-Owned Pillars CC 9 Consider Placing City Hall Address on the Building Façade CC 10 Explore a Lease for the Vacant Land Adjacent to the Library for City Use

ADJOURNMENT
Mayor Tran adjourned the meeting at 11:39 in memory of Milpitas resident Rodney Schuler. 20 Item # C2.

SPECIAL MEETING OF THE

MILPITAS CITY COUNCIL
May 10, 2022 Milpitas City Council Agenda Page 1

AG END A
TUESDAY, MAY 10, 2022
CITY COUNCIL CHAMBERS, 455 E CALAVERAS BLVD, MILPITAS, CA The City Council of the City of Milpitas convened for a Special City Council meeting on May 10, 2022, at 5:30 PM in the City Council Chamber at City Hall, 455 E. Calaveras Blvd., Milpitas, and via teleconference/Zoom webinar.

CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk Mayor Tran called the special City Council meeting to order at 5:30 PM. Roll Call was taken by City Clerk Wood.

PRESENT: Mayor Tran, Vice Mayor Montano, Councilmembers Chua, Dominguez, and Phan ABSENT: None

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Tran.

There were no speakers.

ANNOUNCEMENT OF CONFLICT OF INTEREST
City Attorney Mutalipassi asked the Mayor and City Councilmembers if they had any personal conflicts of interest. By roll call, there were no conflicts of interest.

READING OF THE CITY COUNCIL CODE OF CONDUCT

APPROVAL OF AGENDA
Motion: to approve the May 10, 2022, Special meeting agenda.

Motion/Second: Mayor Tran / Councilmember Chua
Motion carried by the following:

AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
21 Item # C2.

May 10, 2022 Milpitas City Council Agenda Page 2

AGENDA ITEMS

1. Receive Presentation on the FY 2022-23 Proposed City of Milpitas Operating Budget and Provide Feedback (Staff Contact: Lauren Lai, Finance Director, 408-586-3111) City Manager McHarris introduced the item and Assistant City Manager Kantak and Finance Director Lai presented the staff report.

Mayor Tran requested staff bring back the 115 Pension Trust for performance information.

Building Safety and Housing Director Goei, Public Works Director Ndah, Police Chief Hernandez, Fire Chief Sherrard, Recreation and Community Services Director Lorentzen, and Economic Director Andrade provided additional information.

Vice Mayor Montano requested the City subsidize P.A.L. (Police Athletic League) youth sports.

The following spoke during comment:

1. Jacki Ramirez
Council discussed the referrals and stated they did not want to move forward with a ballot measure for the Mayoral term limits. They confirmed support to move the following items forward as part of staff’s work plan items: Child Center Initial Assessment, Third-party Food Delivery Fee caps, and Lease for 230 N. Main Street.

Council confirmed funding $130,000 for the Homelessness Task Force Feasibility Study of Tiny Homes Village from the Housing Authority Fund and funding $20,000 for the Senior Center Mural from the Public Arts Fund.

Mayor Tran asked if there was support for the following items:

1. Three-day Roller Skate Summer Event for and amount not to exceed $100,000;

2. Ferris Wheel for the fourth of July for an amount not to exceed $55,000;

3. Financial Feasibility Analysis for Solar Panels at City Facilities for an amount not to exceed $25,000; and

4. Design Cost for an Address on the City Hall Façade for an amount not to exceed $20,000.

A majority of Council supported a two-day Skate Summer Event for an amount not to exceed $100,000 and a Financial Feasibility Analysis for Solar Panels at City Facilities for an amount not to exceed $25,000 with direction to staff to seek grant and funding options. Mayor Tran stated the Ferris Wheel and Address on the City Hall Façade will not be funded in the 2022-23 budget.

Council discussed the Murals on VTA (Great Mall) and CalTrans (Main Street) pillars and decided to move forward with funding the VTA Great Mall location for $100,000.

Council confirmed the ARPA funding for the Santa Clara County HEAT (Homeless Engagement and Access Team) is responsive to the Council’s goal of conducting outreach and providing referrals to the unhoused community.

Councilmember Chua requested staff use $58,000 of the remaining APRA funding for the small business grants and reallocate the remaining $70,000 ARPA funding from the hotel grants for a 22 Item # C2.

May 10, 2022 Milpitas City Council Agenda Page 3
total amount of $128,000 to be used to provide additional funding for small businesses that applied for a grant and did not receive one.

ADJOURNMENT
Mayor Tran adjourned the meeting at 8:45 in memory of Milpitas resident Heserlina Emata.

Draft meeting minutes submitted by City Clerk, Wendy Wood 23 Item # C2.

MILPITAS CITY COUNCIL

AGENDA PREVIEW LIST
June 7, 2022

CLOSED SESSION
INVOCATION (assigned to Vice Mayor Montano)

PRESENTATION
 Parks and Recreation Month (Proclamation)

CONSENT CALENDAR

1. Receive City Council calendar for June 2022 (City Clerk)

2. Approve City Council Regular Meeting minutes of May 17, 2022 (City Clerk)

3. Preview list of items for June 21, 2022 (City Clerk)

4. Councilmember Request List (City Clerk)

5. Resolution calling the November 8, 2022 Election (City Clerk)

6. Adopt a Resolution to Approve Project Plans & Specifications and Award the Construction Contract to Marina Landscape, Inc., for McCandless Park Sports Field, Project No. 5102 (Steve Erickson)

7. Adopt a Resolution to Summarily Vacate an Existing Water Line Easement at 1750 McCandless Dr. (Steve Erickson)

8. Adopt a Resolution Approving the Sole Source Purchase of Body Worn Cameras, Associated Equipment, and Cloud-Based Storage Subscription; and Approve the Master Services and Purchasing Agreement with Axon to Provide Body Worn Cameras, Associated Equipment, and Cloud-Based Storage Subscription in an Amount Not-to-Exceed $182,635.80 for the FY22-23 Year, with a Total Notto-Exceed Amount of $913,178.60 Over the Five-Year Term (John Torrez)

9. Receive an Update on the Emergency Replacement of Two (2) Boilers and the Installation of a Temporary Heating System for the Public Works, Police, and Information Technology Department Buildings; and Determine that the Condition Continues to Constitute an Emergency (Tony Ndah)

10. Amended and Restated Weed Abatement Agreement Between City of Milpitas and the County of Santa Clara Consumer and Environmental Protection Agency - Weed Abatement Program (Albert Zamora)

11. Approve Park and Recreation Donation Application for a Memorial Bench in Honor of Dale Flunoy (Renee Lorentzen)

12. Approve update to the Parks and Recreation Donation Policy (Renee Lorentzen)

PUBLIC HEARING

13. Open the Public Hearing and Adopt Resolutions to Approve the Fiscal Year 2022-23 Operating Budget for the City of Milpitas and the Milpitas Housing Authority, Approve the Fiscal Year 2022-23 Gann Appropriations Limit, Authorize Various Financial Actions, Fiscal Policies and Budget Guidelines, 24 Item # C3.

Amend the Classification Plan for Alignment with the FY 2022-23 Budget, the Minimum Wage Increase, and Salary Schedules Consistent with Previous Council Action (Lauren Lai)

14. Conduct a Public Hearing and Introduce an Ordinance No. Amending Sections of Chapter 10, Title XI, and Sections of Chapter 100, Title V, of the Milpitas Municipal Code Relating to Mobile Food Vending (Food Trucks) (Ned Thomas)

COMMUNITY DEVELOPMENT

15. Receive a Follow-up Presentation from Staff and Provide Direction on Policy Options to Regulate Tobacco Retail Permitting, Flavored Tobacco and Electronic Cigarette Products, and Tobacco Retail Locations (Ned Thomas and Jay Lee)

16. Conduct a Study Session on the Housing Element (Sharon Goei)

COMMUNITY SERVICES

PUBLIC SAFETY

LEADERSHIP

REPORTS
25 Item # C3.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
NOTE:

Deferred and
completed
items are not
listed
2022 OPEN
Request No. Topic Submitted by:

A, F, CM, or
CCM
Date
requested or
Rec'd Form
STATUS and/or DATE scheduled
on City Council meeting agenda:
1 Science, Technology, and Innovation Commission
agendize and explore a comprehensive internet
connectivity plan. Tran A 5/3/2022
2 Consider policies to regulate automated equipment
that would replace a position typically filled by an
employee. Phan A 4/19/2022
3 Explore the use of roundabouts as a traffic calming
mechanism Dominguez A 4/19/2022
4 Explore the policy for locking mechanisms on
shopping carts for large commercial businesses
and would like it brought back to Council sometime
in August, September, or October Tran A 4/19/2022
5 Have staff prepare a report on ghost guns in the
City of Milpitas and look at any State bills that the
Council should be aware of to write a letter of
support; tie it into the gun’s buyback program to
add a further incentive for the ghost guns
Dominguez;
Tran A 4/5/2022
6 Have staff look at the center divider, see what can
be done to help improve safety, and come back
with a report by the budget meeting to see if there
is an opportunity to fund traffic mitigation Dominguez A 4/5/2022 7 Explore an ordinance or policy for parking areas in
Milpitas to reduce thefts and increase security in
the commercial retail areas Chua A 4/5/2022
26 Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
8 Crossing guards at McCandless and Montague
Expressway Montano A 4/5/2022
9 Consider funding to implement and create a
homelessness encampment response team to be
dispatched to encampment sites to address
concerns, talked about creating a position to
provide mental health assistance, and would like
this to be brought back for discussion at the budget
meeting Dominguez A 3/15/2022
Will be brought forward as part of the
FY 22-23 budget discussion;
10 Consider expanding the Fee Waiver Policy eligibility to non-profit organizations outside of Milpitas but
the events are specific to Milpitas residents Chua A 3/15/2022 Scheduled for Council discussion by
the end of the Fiscal Year 2021-22
11 Discuss looking at another CSCDA opportunity with
Elanor property for middle-income housing. Tran A 3/15/2022 4/19/2022 Council acknowledged the
capacity restrictions of staff and
because the applicant’s timeline
cannot be met, the project will not
move forward.
12 Add a mobile stage to the Juneteenth event Tran A 3/1/2022 Response sent to the City Council via
email on 4/26/2022
13 Designate the California Oak Tree as the City’s
official heritage tree Montano A 2/1/2022
Will be brought forward for Council
discussion by the end of the fiscal
year 2021-22
14 Requested staff check to see if the City has an
ordinance for house numbers Chua A 12/7/2021
Response sent to the City Council via
email on 4/28/2022
15 Host a Town Hall at City Hall in January, February,
and March for the community to share comments
about the issue of the unhoused. Tran A 11/2/2021
This item was postponed by Mayor
Tran due to the Omicron variant and
a rise in COVID-19 cases
27 Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
ACTIVE
Topic Submitted by:

A, F, CM, or
CCM
Date
requested or
Rec'd Form
STATUS and/or DATE scheduled
on City Council meeting agenda:
16 Add Mexican Independence Day to the list of events Montano A 4/5/2022 Staff will bring forward an amendment
to the flag-raising event resolution;
approved on 5/03/2022
17 Bring back a conversation in the budget meeting to
fund “walking beats” in the commercial and high
crime areas Dominguez A 4/5/2022
Councilmember Dominguez will work
with the City Manager to find sources
18 Include a visitor side bleacher strategy for the
Milpitas Knights Pee-Wee football program in the
budgeting process Tran A 3/15/2022
Discussed at the 4/5/2022 City
Council meeting, staff was directed to
identify a low cost option to increase
seating capacity vs. adding
bleachers.
19 City Attorney to look at encampment ordinances
from the cities of Oakland and Los Angeles, or
other regional cities and bring a discussion on the
existing policies to back to Council before the July
recess Tran A 3/15/2022
4/19/2022 Council direct the City
Attorney to make the recommended
changes to the Municipal Code to
remove and prohibit property in public
20 Create a plan for future solar paneling at City
facilities Montano A 3/1/2022
Scheduled for Spring Quarterly City
Council Workplan Items Prioritization
Discussion; Approved to move
forward at the 5/03/2022 meeting
28 Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
21 Fee waiver for the Filipino American South Bay
Community to hold pop-up resource fair at a City
Park Dominguez A 3/1/2022
Staff has engaged with
representatives of the organization to
identify potential eligibility avenues
such as partnering with a Milpitas
based non-profit organization
consistent with the Policy.
22 Agendize an update to the Lobbyist Ordinance for
the next meeting Chua A 3/1/2022
Discussion scheduled for 3/15 City
Council Agenda; At the 3/15/2022
Council Meeting, City Attorney was
directed to bring back a proposed
ordinance amendment for further
discussion
23 A reform of the City’s Speed hump policy Tran A 3/1/2022 The review of the Speed Hump Policy
is an ongoing Council referral. Staff
agendized the item for the April 8,
2022 Transportation Subcommittee
meeting
24 Requested the City Attorney’s office explore
encampment ordinances form the City of Oakland,
Los Angeles, or other regional cities and would like
a discussion on the existing policies to be brought
back before the July recess. Tran A 2/15/2022
4/19/2022 direct the City Attorney to
make the recommended changes to
the Municipal Code to remove and
prohibit property in public
25 Look into putting the City Hall address on the
building facade Montano A 2/1/2022
Scheduled for Spring Quarterly City
Council Workplan Items Prioritization
Discussion; Approved to move
forward at the 5/03/2022 meeting
26 Evaluate reopening the childcare center with a nonprofit organization running the center Montano A 2/1/2022 Scheduled for Spring Quarterly City
Council Workplan Items Prioritization
Discussion; Approved to move
forward at the 5/03/2022 meeting
27 Requested an appropriation in an amount not to
exceed $250,000 to procure a contract to address
the streetlights that are pending fieldwork. Tran A 2/1/2022 At this time, staff has sufficient
Council approved resources to
address the remaining streetlight
outages; however, will bring relevant
actions for Council consideration, if
needed.
29 Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
28 Explore a lease for the vacant land adjacent to the
Library for City use Tran A 1/18/2022
Scheduled for Spring Quarterly City
Council Workplan Items Prioritization
Discussion; Approved to move
forward at the 5/03/2022 meeting
29 Requested that staff study the placement of a City
sign for the Milpitas Police Department and explore
the cost of a new sign Dominguez A 1/18/2021
Staff has been working on upgrading
signage and landscaping around the
Police Department and Public Works
Building.
30 Request for the City to make the temporary thirdparty food deliver fee caps permanent and add additional provisions for enforcement Phan A 11/16/2021 Scheduled for Spring Quarterly City
Council Workplan Items Prioritization
Discussion; Approved to move
forward at the 5/03/2022 meeting
31 Staff to look into mural Art on Great Mall Parkway
on the VTA owned Light rail pillars Montano A 11/16/2021 Scheduled for Spring Quarterly City
Council Workplan Items Prioritization
Discussion; Approved at the
5/03/2022 meeting; discussed
funding at the 5/10/2022 budget
meeting
32 Have a picture of Albert Vogel Sr. put up in the
Senior Center Montano A 10/19/2021
Approved to move forward at the
1/11/2022 Council meeting; Staff
engaged the artist of the existing
mural regarding this Council
approved item.
33 Requested an agenda item on November 2 Council
meeting allowing the Council to rescind direction
given to 1355 California Circle and include direction
to allow the project application to move forward
without being tied to a specific plan Chua A 10/19/2021 At the 1/18/2022 council meeting,
Council voted 4-1 to rescind the
direction and direct staff and the
application to explore option one in
the presentation to amend the
General Plan and remove Council
policy for the preparation of a Specific
Plan
30 Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
34 Requested staff look into increasing the number of
Park and Recreation Commissioners from seven to
nine. Montano A 10/5/2021
Approved to move forward at the
1/11/2022 Council meeting; update to
commission by-laws and
Commissioner handbook scheduled
for approval at the 4/19/2022
meeting; Proposed Bylaw changes
scheduled for Council consideration
at the April 19 Council meeting;
4/19/2022 Council approved
35 Requested staff work with the Vice Mayor and
Mayor to explore and discuss building height limits
near the hillside by January 2022 Tran A 9/21/2021
Approved to move forward at the
1/11/2022 Council meeting; l
scheduled for 6/21/2022
36 Requested the City extend the outdoor dining
options through March of next year Phan A 9/21/2021
Planning Director to provide
information on current outdoor dining
extension
37 Work with the school district to have a contest to
create art murals for the pillars on Main Street Montano A 9/7/2021 Approved to move forward at the
1/11/2022 Council meeting
38 Partner with the Rotary Club of Silicon Andhra to
promote the stem cell donor outreach with a
webinar and campaign to help increase the number
of donors Chua A 8/17/2021
Staff will include the stem cell donor
information in regularly scheduled
wellness event
39 Include a bust of Maria Lemire on the Mural in front of the Senior Center Montano A 8/17/2021
Approved to move forward at the
1/11/2022 Council meeting; Staff
engaged the artist of the existing
mural regarding this Council
approved item.
40 City to highlight mental health resources on the
website Dominguez A 8/17/2021 Staff will issue an Email 41 Look into allowing outdoor music and would like the
ordinance brought back to Council. Montano A 8/5/2021
Approved to move forward at the
1/11/2022 Council meeting;
scheduled for 6/21/2022
42 Look into opening up the Senior Center on
Saturdays for half a day Chua A 8/5/2021
As presented by staff on 1/11/2022,
this pilot is scheduled for completion
in fall 2022. In preparation for the
pilot, staff will issue a survey to
seniors asking for the types of
services they are seeking; hire staff
based on the feedback; and start the
three-month pilot in September 2022.
31 Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
43 Look into bringing back a roller rink Montano A 8/5/2021 Approved to move forward at the
1/11/2022 Council meeting. Funding
for the program will need to be
prioritized through the FY 22-23
budget process; 5/10/2022 discussed
funding a two day event
44 Look into how the City can be a resource for small
businesses to help guide them on what to do in
terms of ADA (Americans with Disabilities Act)
requirements due to the quick changes made to
facilities during the pandemic Chua A 8/5/2021
SVEDA/SV Joint Venture hosted the
“SV Small Businesses & ADA
Compliance” webinar on 11/3/21.

Several Milpitas business reps, &
staff from Econ. Dev. & Building
participated. Staff met with reps from
CA Comm. on Disability Access to
discuss business education &
outreach.
45 Discussion in the next fiscal year, to have a sliding scale permitting program for seniors and lowincome residence for necessary safety renovations Tran A 5/4/2021 8/09/2021 Council voted 5-0 to move
this item forward and modify the
existing Milpitas Assistance program
to include seniors; Staff will bring this
item for funding consideration as part
of the FY 2022-23 budget process
46 Discussion to reduce the City’s Senior Center
facilities deposit Montano A 5/4/2021
8/09/2021 Council voted 5-0 to refer
this item as part of the development
of the FY 2022-23 Master Fee
Schedule; Will be brought forward on
4/19 as part of Master Fee Schedule
discussion
47 Requested that the City have mini-libraries in the
low-income areas of the City. Montano A 4/20/2021
8/09/2021 Council voted 3-1-1 to
move this item forward, staff to follow
up with Vice Mayor Montano on
specific vision. Staff met with the Vice
Mayor. The City will continue to
facilitate libraries as needed but will
not take a lead role in funding or
operating them.
48 Staff to create a plan on how to increase the
number of local businesses doing business with the
City Chua A 4/6/2021
At 8/9/2021 Council meeting, Council
voted that this item may have to come
back for additional discussion
because there may be some legal
considerations.
32 Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
49 Staff to look into creating a rose garden with a
children’s memorial site Montano A 4/6/2021
8/09/2021 Council voted 4-1 to
discuss details with Vice Mayor
Montano and refer this item as part of
the development of the 2023-2027
CIP; The funding for this project will
be included in the 2023-2027 Capital
Improvement Program scheduled for
adoption on May 3, 2022.
50 Staff to look into creating “Welcome to Milpitas”
signs in key areas of in the City Montano A 4/6/2021
8/09/2021 Council voted 5-0 to move
this item forward and Council
provided direction that the signs
should align with the efforts currently
underway with the Metro Plan and
Main Street Gateway Specific Plan
process and work with private
development. Staff was directed to
work with Vice Mayor on additional
clarification. In November, Vice Mayor
Montano noted a preference for a
location on South Main Street. This
project will be added to unfunded
project list of the 2023-2027 CIP to
allow time for staff to research
potential grant funding and outreach
to local business and service clubs.
51 Staff to provide information to place a measure on
the ballot to change the directly elected Mayor to a
rotational at-large position Tran CCM 3/16/2021
To be brought forward in Spring of
2022, once new City Attorney is in
place; scheduled for 3/15/2022;
rescheduled for 4/05/2022
33 Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
52 Staff to provide information on a landmark policy for the City of Milpitas Tran A 3/16/2021
8/09/2021 Council voted 5-0 to move
this item forward; this item will be
included for funding consideration in
the development of the FY 2023-27
CIP for assessment of historical and
cultural resources and development
of landmark policy; The funding for
the assessment of historical and
cultural resources and development
of a landmark policy will be included
in the 2023-2027 Capital
Improvement Program scheduled for
adoption on May 3, 2022. This project
will be scheduled to begin in FY 2022-

23. 53
Amendment to the existing ordinance for third-party
food delivery vendor services to prohibit regulatory
response fees Phan A 2/16/2021
Agendized for discussion on
3/16/2021, deferred to 4/06/2021; CC
direction for City Attorney to prepare a
report; At the 11/12/2021
Transportation Subcommittee, the
Subcommittee directed to bring back
this request to Council as part of the
FY 2022-23 budget process.
54 Ordinance to ban vaping in the City Montano A 12/15/2020 Ordinance regarding a ban on use in
certain areas adopted by Council on
6/15/2021. Policy related to access to
products will be brought forward in
Spring 2022
55 Review City policy on speed bumps Tran A 12/15/2020
Presented to Transportation
Subcommittee on 02/12/2021;voted
on 3/16/2021 to revisit this item;
Scheduled for April 8, 2022
Transportation Subcommittee
Meeting
34 Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
56 Consider change in term limits for Mayor +
Councilmembers Montano A 6/16/2020
8/4/2020: Voted 3 -2 to pursue;
2/02/2021 to agendize for a future
meeting; 3/16/2021 voted 3-1-1 to
move forward. Scheduled for
3/15/2022; rescheduled for
4/05/2022; 4/05/2022 could gave
direction to move forward with
Councilmember term limits and
discuss the Mayoral seat at a later
date; 5/10/2022 Council did not want
to move foward with a ballot measure
for the Mayor term limit
35 Item # C4.

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Approving the Annual Engineer’s Report, Adopt a Resolution Declaring Its Intention to Levy and Collect Assessments, and Provide Notice of the Public Hearing to be held on June 21, 2022, for Landscaping and Lighting Maintenance Assessment District No. 98-1 (LLMD 98-1 Sinclair Horizon) (Staff Contact: Steve Erickson, Engineering Director 408-586-3301) Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 5/17/2022
Recommendation: Adopt a resolution approving the Annual Engineer’s Report, adopt a resolution declaring its intention to levy and collect assessments, and provide notice of the Public Hearing to be held on June 21, 2022, for LLMD 98-1 Sinclair Horizon.

Background:

LLMD 98-1 Sinclair Horizon provides the maintenance and improvement of public landscaping, irrigation systems, and pedestrian walking path adjacent to Sinclair Frontage Road and Los Coches Creek abutting the Sinclair Horizon residential subdivision in the areas as shown on the attached location map.

Analysis:

Before the City Council may levy the annual assessments for LLMD 98-1 Sinclair Horizon, the Landscaping and Lighting Act of 1972 requires the Council to adopt a resolution approving the annual Engineer’s Report (Report) evaluating the landscape and lighting maintenance district’s maintenance and improvement costs for fiscal year 2022-23.

On March 1, 2022, the City Council directed the City Engineer to prepare the Report, which is included in the City Council packet. The proposed total assessment for fiscal year 2022-23 is $493.03 per lot, with an assessment rate not exceeding the maximum assessment rate. The FY 2022-23 rate is slightly lower than the previous fiscal year’s rate of $495.19.

City Council must also adopt:
 Resolution approving the Report, and
 Resolution declaring its intent to levy and collect an assessment and direct publishing of notice of a public hearing to be held on June 21, 2022 (collectively the “Resolutions”).

Policy Alternatives:

Alternative 1:

Not adopt the Resolutions for LLMD 98-1 Sinclair Horizon.

Pros: None.

Cons: The Landscaping and Lighting Act of 1972 requires the legislative body to adopt the Resolutions, and if the City Council does not adopt the Resolutions, the City will not be able to collect assessments for LLMD 98- 1 Sinclair Horizon.
36 Item # C5.

Reason Alternative 1 is Not Recommended: To allow for the continued maintenance and service of LLMD 98-1 Sinclair Horizon, staff recommends approving the Resolutions in order to levy and collect assessments for fiscal year 2021-22.

Fiscal Impact:

The levy and collection of assessments provides a funding resource for the City to improve and maintain public landscaping, irrigation systems, pedestrian lighting, gateway columns and entry signs within LLMD 98-1 Sinclair Horizon.

California Environmental Quality Act:

Levy and collection of assessment is not considered a project under CEQA as there will be no direct or reasonably foreseeable indirect physical change in the environment.

Recommendation:

Adopt a resolution approving the Annual Engineer’s Report, adopt a resolution declaring its intention to levy and collect assessments, and provide notice of the Public Hearing to be held on June 21, 2022, for LLMD 98-1 Sinclair Horizon.

Attachment:

1. Resolution Approving Annual Engineer’s Report

2. Resolution Declaring Intention to Levy and Collect Assessments

3. Engineer’s Report LLMD No. 98-1 Sinclair Horizon

4. Location Map
37 Item # C5.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS, APPROVING THE

ANNUAL REPORT FOR THE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 98-1 FOR FISCAL YEAR 2022/23
WHEREAS, the City Council previously completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the “Act”) to establish the Landscaping and Lighting Maintenance Assessment District 98-1 (the “Assessment District”); and WHEREAS, the City Council has retained NBS for the purpose of assisting with the annual levy of the Assessment District, and the preparation and filing of the report required pursuant to Section 22622 of the Act (the “Annual Report”); and
WHEREAS, the City Council has, by previous resolution, ordered NBS to prepare and file such Annual Report; and
WHEREAS, NBS has prepared and filed such Annual Report with the City Clerk.

NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:

1. Approval of Report: The City Council hereby approves the Annual Report for the Assessment District concerning the levy of assessments as submitted by NBS for the fiscal year commencing July 1, 2022 and ending June 30, 2023.

2. The Assessment District exterior boundaries are as shown by a map filed in the office of the City Clerk, which map is made a part hereof by this reference.

PASSED AND ADOPTED this _______ day of ____________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
___________________________ ________________________
Wendy Wood, City Clerk Rich Tran, Mayor
APPROVED AS TO FORM:
____________________________
Michael Mutalipassi, City Attorney
38 Item # C5.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS,

DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR THE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 98-1 FOR FISCAL YEAR 2022/23
WHEREAS, the City Council previously completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the “Act”) to establish the Landscaping and Lighting Maintenance Assessment District No. 98-1 (the “Assessment District”); and WHEREAS, the City Council has retained NBS for the purpose of assisting with the annual levy of the Assessment District, and the preparation and filing of the report required pursuant to Section 22622 of the Act (the “Annual Report”); and
WHEREAS, the City Council adopted a Resolution approving the Annual Report for the Assessment District for Fiscal Year 2022/23.

NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:

1. Intention: The City Council hereby declares its intention to levy and collect assessments within the Assessment District to pay the costs of the improvements for the fiscal year commencing July 1, 2022 and ending June 30, 2023. The City Council finds that the public’s best interest requires such action.

2. Improvements: The improvements within the Assessment District include, but are not limited to: operating, maintaining and servicing of all public landscaping improvements, consisting of landscaping and grass. Operating, maintaining and servicing costs include, but are not limited to: personnel, materials, electrical energy and water. Services provided include all necessary service, operations, administration, and maintenance required to keep the improvements in a healthy, vigorous, and satisfactory condition. A project renovating the landscape and irrigation improvements in the Assessment District was initiated in Fiscal Year 2021/22 and will be completed in Fiscal Year 2025/26.

3. Assessment District Boundaries: The boundaries of the Assessment District are as shown by the assessment diagram filed in the offices of the City Clerk, which map is made a part hereof by reference.

4. Annual Report: Reference is made to the Annual Report prepared by NBS, on file with the City Clerk, for a full and detailed description of the improvements, the boundaries of the Assessment District and the zones therein, and the proposed assessments upon assessable lots and parcels of land within the Assessment District.

5. Notice of Public Hearing: The City Council hereby declares its intention to conduct a public hearing concerning the levy of assessments in accordance with Section 22629 of the Act. All objections to the assessment, if any, will be considered by the City Council. The public hearing will be held on Tuesday, June 21, 2022 at 7:00 pm or as soon thereafter as is feasible in the meeting place of the City Council located at 455 E. Calaveras 39 Item # C5.
2 Resolution No. ___
Boulevard, Milpitas, CA 95035. The City Council further orders the City Clerk to publish notice of this resolution in accordance with Section 22626(a) of the Act.

6. Increase of Assessment: The maximum assessment is not proposed to increase from the previous year above that was previously approved by the property owners (as “increased assessment” is defined in Section 54954.6 of the Government Code).

PASSED AND ADOPTED this _____ day of ___________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
____________________________ ________________________
Wendy Wood, City Clerk Rich Tran, Mayor
APPROVED AS TO FORM:
____________________________
Michael Mutalipassi, City Attorney
40 Item # C5.
nbsgov.com
Prepared by:

Corporate Headquarters
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516
Fiscal Year 2022/23 Annual Report For:

Landscaping and Lighting Maintenance
Assessment District No. 98-1
April 2022
41 Item # C5.

CITY OF MILPITAS
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 98-1 455 East Calaveras Boulevard
Milpitas, California 95035
(408) 586-3000

CITY COUNCIL
Rich Tran, Mayor
Carmen Montano, Vice-Mayor
Evelyn Chua, Council Member
Karina R. Dominguez, Council Member
Anthony Phan, Council Member

CITY STAFF
Steve Erickson, PE, Engineering Director/City Engineer
Lauren Lai, Finance Director
Tony Ndah, Public Works Director
NBS
Tim Seufert, Client Services Director
Adina McCargo, Project Manager
42 Item # C5.

TABLE OF CONTENTS

1. Engineer’s Letter.............................................................................................................1

2. Plans and Specifications..................................................................................................3

2.1 Location of Improvements........................................................................................3

2.2 Landscaping Improvements......................................................................................3

2.3 Capital Improvements...............................................................................................4

2.4 Overhead...................................................................................................................4

3. Estimate of Costs............................................................................................................5

3.1 District Budget...........................................................................................................5

4. Special and General Benefit............................................................................................7

4.1 Introduction...............................................................................................................7

4.2 Special Benefits Identified.........................................................................................7

4.3 General Benefits Identified .......................................................................................8

4.4 Quantification of Benefit...........................................................................................8

5. Method of Assessment ................................................................................................. 13

5.1 Method of Assessment Spread ...............................................................................13

5.2 Maximum Assessment Rates ..................................................................................14

5.3 Appeals....................................................................................................................14

6. Assessment Diagram..................................................................................................... 15

7. Assessment Roll............................................................................................................ 16 43 Item # C5.

City of Milpitas
Fiscal Year 2022/23 – LLMAD 98-1 Annual Report 1

1. ENGINEER’S LETTER
WHEREAS, in 1998 the City Council of the City of Milpitas (the “City”), State of California, under the Landscaping and Lighting Act of 1972 (the “Act”), created the City of Milpitas Landscaping and Lighting Maintenance Assessment District No. 98-1 (the “District”) to provide for the continued maintenance, operation, and administration of various improvements within the boundaries of the District; and WHEREAS, the City Council has directed NBS to prepare and file a report for Fiscal Year 2022/23 in accordance with Chapter 1, Article 4 of the Act presenting plans and specifications describing the general nature, location and extent of the improvements to be maintained; an estimate of the costs to maintain, operate, and service the improvements for the District for the referenced fiscal year; a diagram for the District showing the area and properties to be assessed; and an assessment of the estimated costs to maintain and service the improvements, stating the net amount to be assessed upon all assessable lots or parcels within the District in proportion to the special benefit received.

NOW THEREFORE, the following assessments have been calculated in accordance with the assessment methodology adopted and approved by the City Council at the time of District formation, and are made to cover the portion of the estimated costs of maintenance, operation, and servicing of the improvements, to be paid by the assessable real property within the District in proportion to the special benefit received:

District Parcels
2022/23
Maximum Assessment
Rate per Lot(1)
2022/23
Actual Assessment
Rate per Lot
2022/23
Net Amount to be
Assessed(2)(3)
LLMAD 98-1 98 $533.31 $493.03 $48,317.00
(1) The April 1, 2022 CPI was not available at the time of writing of this report. The Fiscal Year 2022/23 CPI increase was estimated using the February 2022/23 CPI.
(2) Amounts placed on the tax roll include the 1% Santa Clara County Collection Fee. (3) This amount is only an estimate and does not reflect the final billed amount with rounding adjustments. Refer to Section 7 for the rounded figure.

I identified all parcels which will have a special benefit conferred upon them from the improvements described in District’s Plans and Specifications section of this Engineer’s Report (the “Benefited Parcels”).

For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy is on file in the office of the City Clerk.

I have assessed the costs and expenses of the improvements upon the Benefited Parcels. In making such assessment:
a. The proportionate special benefit derived by each Benefited Parcel from the improvements was determined in relationship to the entirety of the maintenance costs of the improvements; b. No assessment has been imposed on any Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed.
44 Item # C5.

City of Milpitas
Fiscal Year 2022/23 – LLMAD 98-1 Annual Report 2
I, the undersigned, respectfully submit the enclosed Engineer’s Report and, to the best of my knowledge, information and belief, the Engineer’s Report, Assessments, and the Assessment Diagrams herein have been prepared and computed in accordance with the order of the City Council of the City of Milpitas, the Act, and Article XIIID.

Steven Erickson, PE
Engineering Director/City Engineer
45 Item # C5.

City of Milpitas
Fiscal Year 2022/23 – LLMAD 98-1 Annual Report 3

2. PLANS AND SPECIFICATIONS
The District provides for the continued administration, maintenance, operation, and servicing of various improvements located within the public right-of-way and dedicated easements within the boundaries of the District.

2.1 Location of Improvements
The District is located in the City of Milpitas, bounded on the east by Sinclair Frontage Road, on the west by Berryessa Creek, and on the north by Los Coches Street. The improvements maintained include public landscaping and irrigation improvements, including jogging paths, planter walls, grass berms, and ornamental planting, which are primarily situated within the public rights-of-way and dedicated public by easements within the District.

2.2 Landscaping Improvements
The landscaping and irrigation improvements were installed within the District in order to enhance the overall visual appearance for adjacent parcels. The improvements consist of the maintenance and operation of any or all public landscaping and irrigation improvements adjacent to curbs, including asphalt concrete jogging paths, planter walls, grass berms, and appurtenant irrigation systems; ornamental planting including lawns, shrubs, and trees, including necessary repairs, replacements, water, electric current, spraying, care, supervision, debris removal and all other items of work necessary and incidental for proper maintenance and operation thereof. The landscaping and irrigation improvements are collectively referred to as “landscaping improvements.” All such work will be performed in the following areas:

2.2.1 BERRYESSA CREEK
Due to the widening of the creek, improvements in Berryessa Creek were removed. Any improvements maintained in this reach (asphalt concrete jogging path, exercise equipment, planting, and irrigation) will no longer be maintained or improved.

2.2.2 LOS COCHES CREEK

1. A strip of land 812 feet long, 14 feet in width along the south bank of Los Coches Creek adjacent to Tract 9018. The improvements include an asphalt concrete jogging path, exercise equipment, planting, and irrigation.

2. A strip of land 5.5 feet wide within the Los Coches Street right-of-way between the back of sidewalk and the right-of-way along the south side of Los Coches Street between Berryessa Creek and Sinclair Frontage Rd. The improvements include planting and irrigation. 46 Item # C5.

City of Milpitas
Fiscal Year 2022/23 – LLMAD 98-1 Annual Report 4

2.3 Capital Improvements
In Fiscal Year 2021/22, the City initiated the design and construction of landscape and irrigation renovation along portions of Los Coches Street and Sinclair Frontage Road. Design and construction is anticipated to continue through Fiscal Year 2022/23. Capital Improvements are scheduled to be complete by June 30, 2027.

2.4 Overhead
In addition to the hard costs of maintaining the improvements mentioned above, the City will incur costs for staff time and expenses related to the management and maintenance of the improvements within the District. Staff time includes oversight and coordination of both City and contractor provided services, annual tax roll preparation, and addressing property owner questions and concerns. These activities are directly related to the maintenance of the improvements, and without them the improvements could not be efficiently completed or properly maintained on an ongoing basis. 47 Item # C5.

City of Milpitas
Fiscal Year 2022/23 – LLMAD 98-1 Annual Report 5

3. ESTIMATE OF COSTS
The estimated costs of maintenance and servicing of the improvements as described in the Plans and Specifications are summarized below.

3.1 District Budget
The Fiscal Year 2022/23 estimated cost budget for the maintenance and servicing of the improvements is as follows:

Description Fiscal Year 2022/23 Budget
Maintenance Staff(1) $30,000
Capital Equipment 0
Supplies 1,800
Utilities (Water, Electricity) 19,000
Reserve Fund 2,683
Capital Improvement Program 11,000
Maintenance Costs $64,483
NBS $3,450
City Staff District Administration 400
County Auditor-Controller Fee(2) 490
District Specific Costs $4,340
Total District Costs $68,823
General Benefit Contribution(3) (20,506)
Operating Reserve Contribution 0
Capital Improvement Fund Contribution 0
Net Amount to be Assessed $48,317
Total District Lots 98
Rate per Lot(4) $493.03
Maximum Rate Per Lot – 2022/23
(5) $533.31
(1) The City’s Department of Public Works is the provider of Maintenance Services. (2) County Auditor-Controller Fee is currently 1% of the total levy submittal. (3) General Benefit Contribution is not applied to District Specific Costs as these are special benefits to the District. (4) The Rate per lot equals the Net Amount to be Assessed / Total District Lots. The Rate cannot exceed the maximum rate. (5) The April 1, 2022 CPI was not available at the time of writing of this report. The Fiscal Year 2022/23 CPI increase was estimated by using the February 2022/23 CPI.
48 Item # C5.

City of Milpitas
Fiscal Year 2022/23 – LLMAD 98-1 Annual Report 6

3.1.1 OPERATING RESERVE
It is the intent of the City to maintain an operating reserve which shall not exceed the estimated costs of maintenance and servicing of the improvements prior to December 10 of the fiscal year, or when the City expects to receive its apportionment of special assessments from the County, whichever is later. The operating reserve balance information for the District is as follows:

Estimated Fiscal Year Ending 6/30/2022 Operating Reserve Cash Balance $22,317 Operating Reserve Collection for Fiscal Year 2022/23 2,683 Estimated Fiscal Year Ending 6/30/2023 Operating Reserve Cash Balance $25,000

3.1.2 CAPITAL IMPROVEMENT BUDGET
In Fiscal Year 2021/22, the City initiated the design and construction of landscape and irrigation renovation along portions of Los Coches Street and Sinclair Frontage Road. As of December 31, 2021, the balance available for the Capital Improvement Project was $165,000. The City will utilize these funds, along with an annual collection of $11,000 via the District from Fiscal Year 2022/23 to Fiscal Year 2026/27, to finance the project.

Capital Improvements are scheduled to be complete by June 30, 2027. 49 Item # C5.

City of Milpitas
Fiscal Year 2022/23 – LLMAD 98-1 Annual Report 7

4. SPECIAL AND GENERAL BENEFIT
The improvements defined in Section 2 are expected to confer certain special benefits to parcels within the District. The special benefits are described in this section. Figures in this section are derived from a Special v. General Benefit Analysis performed in Fiscal Year 2014/15.

4.1 Introduction
Pursuant to Article XIIID, all parcels that receive a special benefit conferred upon them as a result of the installation, implementation and maintenance of the improvements, services and activities shall be identified, and the proportionate special benefit derived by each identified parcel shall be determined in relationship to the entire costs of the installation, implementation and maintenance of the improvements, services and activities.

Article XIIID, Section 4(a) of the California Constitution limits the amount of any assessment to the proportional special benefit conferred on the property. Proposition 218 requires that the City separate the general benefit from special benefit, so that only special benefit may be assessed to properties within the District. Furthermore, Article XIIID also provides that publicly owned properties must be assessed unless there is clear and convincing evidence that those properties receive no special benefit from the assessment.

4.2 Special Benefits Identified
The improvements described in Section 2 are expected to confer certain special benefits to parcels within the District. The special benefits conferred to property within the District can be grouped into two primary benefit categories: aesthetic benefit and safety benefit. The two district benefit categories are further expanded upon below.
• Improved Aesthetics: The aesthetic benefit relates to the increase in the overall aesthetics as a result of the ongoing maintenance, servicing and operation of the improvements within the District. Street landscaping improvements improve the livability, commercial activity, appearance and desirability for properties within the District. Regular maintenance ensures that the improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties adjacent to or in close proximity to the improvements. The overall appeal of the District is enhanced when improvements are in place and kept in a healthy and satisfactory condition. Conversely, appeal decreases when improvements are not well-maintained, unsafe, or destroyed by the elements or vandalism. Streetscapes have a significant effect on how people view and interact with their community1. With streetscapes that are safe and inviting, people are more likely to walk, which can help reduce automobile traffic, improve public health, stimulate local economic activity and attract residents and visitors to the community2. • Increased Safety: Well maintained areas mitigate crime, especially vandalism, and enhance pedestrian safety. A recent study found that after landscape improvements were installed, there 1 Victoria Transport Policy Institute. (2011). Community Livability. Helping to Create Attractive, Safe, Cohesive Communities. Retrieved from http://www.vtpi.org/tdm/tdm97.htm.
2 Ibid.
50 Item # C5.

City of Milpitas
Fiscal Year 2022/23 – LLMAD 98-1 Annual Report 8
was a 46% decrease in crash rates across urban arterial and highway sites and a second study reviewed found a 5% to 20% reduction in mid-block crashes after trees and planters in urban arterial roads were put in place. In addition, there is less graffiti, vandalism, and littering in outdoor spaces with natural landscapes than in comparable plant-less spaces3. The Victoria Transport Policy Institute has found that streetscapes reduce traffic speeds and when combined with improved pedestrian crossing conditions can significantly reduce collisions4.

4.3 General Benefits Identified
Section 4 of Article XIIID of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must next “separate the general benefits from the special benefits conferred,” and only the special benefits can be included in the amount of the assessments imposed.

General benefit is an overall and similar benefit to the public at large resulting from the maintenance of the District’s improvements provided by the assessments levied. The improvements to be maintained by the District are located within the District boundaries only. There will be no District maintenance activities provided for improvements located outside of the District boundaries.

The ongoing maintenance of the District improvements will provide aesthetic and safety benefits to the property within the District. However, it is recognized that the ongoing District maintenance activities will also provide a level of benefit to some property within proximity to the District, as well as individuals passing through. Therefore, the general benefit created as a result of the District maintenance activities has been considered.

4.4 Quantification of Benefit
As a result of the maintenance and operation of the improvements, there will be a level of general benefit to people that do not live in or intend to conduct business within the District. In order for property within the District to be assessed only for that portion of special benefits received from the district’s maintenance activities, general benefits provided by the ongoing maintenance of the improvements needs to be quantified. The amount of general benefit that is provided from the District’s maintenance activities cannot be funded via property owners’ assessments.

The landscaping improvements are primarily located along Los Coches Street and Sinclair Frontage Road and within the subdivision along Los Coches Creek and Berryessa Creek. A portion of the maintained landscaping provides some general benefit to pass-thru traffic. Per the City, there is 52,912 square feet of landscaping being maintained.

Los Coches Creek and Berryessa Creek
As result of the District maintenance activities, there will be a level of general benefit to pedestrians and vehicular traffic that are not associated with property in the District. As expressed by the Court in Beutz v.

County of Riverside (2010), “... courts of this state have long recognized that virtually all public improvement 3 Wolf, Kathleen L. (2010). Safe Streets – A Literature Review. In: Green Cities: Good Health (www.greenhealth.washington.edu). College of the Environment, University of Washington.
4 Victoria Transport Policy Institute. (2011). Community Livability. Helping to Create Attractive, Safe, Cohesive Communities. Retrieved from http://www.vtpi.org/tdm/tdm97.htm.
51 Item # C5.

City of Milpitas
Fiscal Year 2022/23 – LLMAD 98-1 Annual Report 9
projects provide general benefits." A route beginning or ending with a parcel within the District does not include the “general public” for purposes of determining general benefit. The landscaping improvements along the south side of Los Coches Creek and Berryessa Creek are local in nature, however even though they are intended primarily for localized access, there is some portion of pedestrian traffic that may not be accessing the adjacent properties. The landscaping improvements are located adjacent to the backyard of homes, and access is only available by walking or bicycling. There is no vehicular access to these improvements.

The Summary of Travel Trends, 2009 National Household Travel Survey (NHTS) prepared by the U.S.

Department of Transportation Federal Highway Administration analyzed the number of person trips by various modes of transportations such as private vehicle, transit, walking or some other means of transportation. According to the Pacific Division data extracted from the 2009 NHTS database, of the annual 181,703 (in millions) total person trips, 21,252 (in millions) or 11.70% of those person trips were made by using walking as their mode of transportation, and 2,066 (in millions) or 1.14% of those person trips were made by bicycling5.

According to the U.S. Census Bureau (2010), the average household size in the City is 3.34 persons6. Based on this average household size, and considering there are 98 residential units within the District, there are approximately 327 people residing within the District boundaries. There are an estimated 163 residential units in close proximity, but outside of the District boundaries. Based on the City’s average household size, there are approximately 544 persons residing outside of the District boundaries, but have access to the landscaping improvements.

Community
Estimated Number
of Residential Units
Estimated
Number of Persons(1)
District 98 327
Sundrop Subdivision 83 277
Sinclair Renaissance Subdivision 80 267
Total Residential Population 261 871
(1) U.S. Census Bureau (2010) average household size in the City is 3.34 persons.7 In order to determine the estimated total number of persons who are within close proximity to the landscaping improvements, and would utilize walking or bicycling as their mode of transportation, we applied the 12.84% (11.70% walking, 1.14% bicycling) of person trips reported from the NHTS Pacific Division study, to the total nearby residential population (871). There are approximately 112 people within close proximity of the District that utilize walking or bicycling as their mode of transportation.

In order to determine the portion of the 112 persons that reside within the District, we applied the 2009 NHTS walking trip percentage (12.84%) to the District population (327). Approximately 42 people within the District boundaries use walking or bicycling as their primary mode of transportation. Therefore, the total 5 U.S Department of Transportation. Federal Highway Administration. (2011). Summary of Travel Trends: 2009 National Household Travel Survey. (Report No. FHWA-PL-11-022). Retrieved from http://nhts.ornl.gov 6 U.S. Census Bureau. (2010). Profile of General Population and Housing Characteristics: 2010, 2010 Demographic Profile Data. Milpitas, C.A. Retrieved March 23, 2015, http://quickf acts.census.gov/qf d/states/06/0647766.html 7 Ibid.
52 Item # C5.

City of Milpitas
Fiscal Year 2022/23 – LLMAD 98-1 Annual Report 10
surrounding neighborhood area population, located outside of the District boundaries, but in close proximity the landscaping improvements, that uses walking or bicycling as their primary mode of transportation is estimated to be 70 people.

Community
Estimated Number of
Persons
District 42
Sundrop Subdivision 36
Sinclair Renaissance Subdivision 34
Walking or Bicycling Population 112
In order to obtain a better picture of the overall level of general benefit provided by the landscaping improvements, the pedestrian traffic that utilizes walking or bicycling as the mode of transportation that will seek out and use the District improvements, but live outside of the District, must be considered. The 2009 NHTS further details the purposes of the reported walking (21,252 in millions) and bicycling (2,066 in millions) trips; based on the property types people entering the District would most likely do so for social or recreational activities.

The following details the number of walking and bicycling trips, based on the 2009 NHTS study, for each of the activities that are the most likely reasons people outside of the District would use the landscaping improvements:

Trip Purpose
Number of Walking or
Bicycling Trips (in millions)
Social/Recreational 6,442
Total 6,442
Of the total number of walking and bicycling trips reported, 6,442 (in millions) or 27.63% are for purposes that persons outside of the District may use the landscaping improvements. Applying this percentage (27.63%) to the number of people walking or bicycling as their mode of transportation and that reside outside of the District (70), there are approximately 19 people (general benefit) that may use the landscaping improvements, but do not reside within the District. Taking the 19 people that may walk or bicycle, but reside outside of the District, divided by total residential population with access to the landscaping improvements (871), the estimated percentage of persons, engaging in what is considered general benefit because they do not reside within the District, represents 2.21%.

Los Coches Street and Sinclair Frontage Road
The City does not have a study showing traffic volume along Los Coches Street and Sinclair Frontage Road along the District boundaries. The portion of the maintained landscaping that is located along Los Coches Street and Sinclair Frontage Road provides some general benefit to pass-through traffic. Before the determination and allocation of the percentage of special and general benefit for the District can be made, the estimated pass-through traffic must be computed. The pass-through trips are vehicles driving along the maintained streets within the District for a portion of their trips, but not living or conducting business in the District and benefiting from the landscaping improvements in place. 53 Item # C5.

City of Milpitas
Fiscal Year 2022/23 – LLMAD 98-1 Annual Report 11
The Sundrop and Sinclair Renaissance residential communities are located directly across the street and next to the District, and vehicles entering and/or exiting these communities in all likelihood are passing by a portion of the landscaping improvements for a portion of their trip. In lieu of having a study that identifies the pass-through traffic, the estimated number of trips generated for each community has been calculated based on the number of units and average number of trips per dwelling unit.

Community
Number of
Residential Units(1)
Estimated Number of
Daily Vehicle Trips(2)
% of Total Daily
Vehicle Trips(3)
District 98 933.0 44.34%
Sundrop Subdivision 83 790.2 37.56%
Sinclair Renaissance Subdivision 80 380.8 18.10%
Total 261 2,104.0 100.00%
(1) Number of Residential Units is from the City’s Approved Projects map.8 (2) Per the ITE Trip Generation Report a single family residence generates an average of 9.52 trips per dwelling unit.9 (3) Number of daily trips has been reduced by 50% to account for vehicles entering and exiting the community from the opposite direction on Sinclair Frontage Road, and not driving along the portion of Los Coches Street and Sinclair Frontage Road with landscaping improvements maintained by the District.

As detailed above, based on the average number of daily vehicle trips generated for the communities in close proximity to the District, 1,171 (55.66%) are generated by residential units located outside of the District (general benefit).

All Locations and Landscaping Improvements – Residential Pass-thru Benefit The general benefit percentages determined in the previous sections for Los Coches Creek and Berryessa Creek (2.21%) and Los Coches Street and Sinclair Frontage Road (55.66%) were then applied to each corresponding location with landscaping improvements. The landscaping square footage being maintained by the District was provided by the City’s Public Works Department. The general benefit percentage for each street type was multiplied by the total square footage being maintained for such street. The general benefit square footage was summed for all street segments and divided into the total square footage of all landscaping maintenance. The result is the combined general benefit percentage. The following table details this calculation.

Street Name
Total Square
Footage
General Benefit
Percentage
General Benefit Square
Footage
Los Coches Creek 4,572 2.21% 101
Berryessa Creek 21,025 2.21% 465
Los Coches Street 24,747 55.66% 13,773
Sinclair Frontage 2,568 55.66% 1,429
Totals: 52,912 15,768
Landscaping General Benefit 29.80%
Based on the above calculations, the general benefit portion of the improved aesthetics and increased safety resulting from the landscaping improvements is estimated to be 29.80%. 8 City of Milpitas. (2013). Approved Development Projects. Retrieved from http://www.ci.milpitas.ca.gov/government/planning/proj_approved.asp 9 Trip Generation, 9th Edition: An Informational Report of the Institute of Transportation Engineers. (2012). Washington, DC: Institute of Transportation Engineers. 54 Item # C5.

City of Milpitas
Fiscal Year 2022/23 – LLMAD 98-1 Annual Report 12
Public at Large General Benefit
Given the location and nature of the improvements, it is very unlikely the public at large would seek out or use the landscaping improvements within the District. In addition, there are more direct routes to access the industrial complexes/businesses located to the south of the District than the 2 lane Los Coches Street and Sinclair Frontage Road. Nevertheless, it is perceivable that members of the public at large may passthru a portion of the landscaping improvements, even if it’s lost or leisure traffic. As such, general benefit of 2.00% has been assigned for the landscaping improvements to the public at large

4.4.1 COLLECTIVE DISTRICT-WIDE GENERAL BENEFIT
Since the District is comprised of improved aesthetics and increased safety benefits resulting from the collective landscaping improvements, the activity of both pedestrians and vehicles, and the public at large must be addressed in a collective form rather than independently. The sum of the calculated general benefits is the total general benefit related to all pass-thru traffic. This general benefit result is provided in the table below:

Residential Pass-thru General Benefit 29.80%
Public at Large General Benefit 2.00%
Total General Benefit 31.80%
The general benefit, which is the percentage of the total budget that must be funded through sources other than assessments, is 31.80%. The special benefit then, which is the percentage of the budget that may be funded by assessments, is 68.20%.
55 Item # C5.

City of Milpitas
Fiscal Year 2022/23 – LLMAD 98-1 Annual Report 13

5. METHOD OF ASSESSMENT

5.1 Method of Assessment Spread
All parcels in the District on which residential dwellings will be constructed specially benefit from the improvements to an equivalent extent. These parcels are therefore assessed on a per lot basis for the maintenance and operation of the District, including incidentals and appurtenances, and will include all the costs of maintenance and/or operating the improvements. As outlined in Section 4, the total amount of general benefit from the improvements is determined to be 31.80%.

The preliminary maximum assessment rate for Fiscal Year 2022/23 is $533.31. The actual assessment rate levied on each taxable parcel for Fiscal Year 2022/23 is $493.03.

Each year the maximum assessment rate shall be increased by the percentage change from April 1st of the prior year to April 1st of the current year by the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Indexes, Pacific Cities and U.S. City Average, San Francisco-Oakland-Hayward. The April 1, 2022 CPI was not available at the time of writing of this report. For purposes of this report, the CPI increase was estimated by using the February 2022/23 CPI.
56 Item # C5.

City of Milpitas
Fiscal Year 2022/23 – LLMAD 98-1 Annual Report 14

5.2 Maximum Assessment Rates
The following table provides the historical maximum assessment rates for Fiscal Year 2000/01 through the current fiscal year:

Fiscal Year CPI Percentage Increase(1) Maximum Rate
2000/01 178.7 N/A $292.803
2001/02 189.1 5.82% 309.844
2002/03 193.0 2.06% 316.234
2003/04 197.3 2.23% 323.280
2004/05 198.3 0.51% 324.918
2005/06 202.5 2.12% 331.800
2006/07 208.9 3.16% 342.286
2007/08 215.842 3.32% 353.661
2008/09 222.074 2.89% 363.872
2009/10 223.854 0.80% 366.789
2010/11 227.697 1.72% 373.086
2011/12 234.121 2.82% 383.611
2012/13 238.985 2.08% 391.581
2013/14 244.675 2.38% 400.904
2014/15 251.495 2.79% 412.079
2015/16 257.622 2.44% 422.118
2016/17 264.565 2.70% 433.494
2017/18 274.589 3.79% 449.919
2018/19 283.422 3.22% 464.392
2019/20 294.801 4.01% 483.037
2020/21 298.074 1.11% 488.400
2021/22 309.419 3.81% 506.988
2022/23 320.195 5.19%
(2) 533.318
(1) Percentage increase from April 1 of the prior year to April 1 of the current year in the US Department of Labor, Bureau of Labor Statistics, Consumer Price Index, Pacific Cities and US City Average, San Francisco-Oakland-Hayward. (2) The April 1, 2022 CPI was not available at the time of writing of this report. The Fiscal Year 2022/23 CPI increase was estimated using the February 2022/23 CPI.

5.3 Appeals
Any property owner who feels that the amount of their assessment is in error as a result of incorrect information being used to apply the foregoing method of spread, may file an appeal with the Finance Director of the City. Any such appeal is limited to correction of an assessment during the current or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal, the Finance Director shall promptly review the information provided by the property owner and if he/she finds that the assessment should be modified, he/she shall have the authority to make the appropriate changes in the assessment roll. If any such changes are provided after the assessment roll has been filed with the County for collection, the Finance Director is authorized to refund to the property owner the amount of any approved reduction.
57 Item # C5.

City of Milpitas
Fiscal Year 2022/23 – LLMAD 98-1 Annual Report 15

6. ASSESSMENT DIAGRAM
The following page provides a copy of the assessment diagram of the District. 58 Item # C5.
59 Item # C5.

City of Milpitas
Fiscal Year 2022/23 – LLMAD 98-1 Annual Report 16

7. ASSESSMENT ROLL
Assessor’s parcel identification, for each lot or parcel within the District, shall be based on the Santa Clara County Assessor’s secured roll data for the applicable year in which this report is prepared and is incorporated herein by reference.

A listing of assessor’s parcels assessed within the District for Fiscal Year 2022/23, along with the assessment amounts, is on file in the office of the City Clerk and incorporated herein by reference. Based on County Assessor’s secured roll data, current assessor’s parcels, including corrected and/or new assessor’s parcels, will be submitted and/or resubmitted to the Santa Clara County Auditor/Controller. The annual assessment amount to be levied and collected for the resubmitted parcel(s) shall be determined in accordance with the method of apportionment and assessment rate approved in this report. Therefore, if a single assessor’s parcel has a status change in development, other land use change, or subdivides into multiple assessor’s parcels, the assessment amounts applied to each of the new assessor’s parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment amount. 60 Item # C5.

City of Milpitas
LLMAD No. 98-1
Final Billing Detail Report for Fiscal Year 2022/23
APN Assessment ID Situs Address Fiscal Year 2022/23 Levy 086-48-001 1 872 CAMERON CIR $493.02
086-48-002 2 868 CAMERON CIR 493.02
086-48-003 3 864 CAMERON CIR 493.02
086-48-004 4 860 CAMERON CIR 493.02
086-48-005 5 856 CAMERON CIR 493.02
086-48-006 6 852 CAMERON CIR 493.02
086-48-007 7 848 CAMERON CIR 493.02
086-48-008 8 844 CAMERON CIR 493.02
086-48-009 9 840 CAMERON CIR 493.02
086-48-010 10 836 CAMERON CIR 493.02
086-48-011 11 832 CAMERON CIR 493.02
086-48-012 12 828 CAMERON CIR 493.02
086-48-013 13 824 CAMERON CIR 493.02
086-48-014 14 820 CAMERON CIR 493.02
086-48-015 15 816 CAMERON CIR 493.02
086-48-016 16 812 CAMERON CIR 493.02
086-48-017 17 808 CAMERON CIR 493.02
086-48-018 18 804 CAMERON CIR 493.02
086-48-019 19 800 CAMERON CIR 493.02
086-48-020 20 1004 CAMERON PL 493.02
086-48-021 21 1000 CAMERON PL 493.02
086-48-022 22 996 CAMERON PL 493.02
086-48-023 23 992 CAMERON CIR 493.02
086-48-024 24 988 CAMERON CIR 493.02
086-48-025 25 984 CAMERON CIR 493.02
086-48-026 26 980 CAMERON CIR 493.02
086-48-027 27 976 CAMERON CIR 493.02
086-48-028 28 972 CAMERON CIR 493.02
086-48-029 29 968 CAMERON CIR 493.02
086-48-030 30 964 CAMERON CIR 493.02
086-48-031 31 960 CAMERON CIR 493.02
086-48-032 32 956 CAMERON CIR 493.02
086-48-033 33 952 CAMERON CIR 493.02
086-48-034 34 948 CAMERON CIR 493.02
086-48-035 35 944 CAMERON CIR 493.02
086-48-036 36 940 CAMERON CIR 493.02
086-48-037 37 936 CAMERON CIR 493.02
086-48-038 38 932 CAMERON CIR 493.02
086-48-039 39 928 CAMERON CIR 493.02
086-48-040 40 924 CAMERON CIR 493.02
086-48-041 41 920 CAMERON CIR 493.02
086-48-042 42 916 CAMERON CIR 493.02
Slight variances may occur due to rounding
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City of Milpitas
LLMAD No. 98-1
Final Billing Detail Report for Fiscal Year 2022/23
APN Assessment ID Situs Address Fiscal Year 2022/23 Levy 086-48-043 43 912 CAMERON CIR 493.02
086-48-044 44 908 CAMERON CIR 493.02
086-48-045 45 904 CAMERON CIR 493.02
086-48-046 46 900 CAMERON CIR 493.02
086-48-047 47 896 CAMERON CIR 493.02
086-48-048 48 892 CAMERON CIR 493.02
086-48-049 49 888 CAMERON CIR 493.02
086-48-050 50 884 CAMERON CIR 493.02
086-48-051 51 880 CAMERON CIR 493.02
086-48-052 52 876 CAMERON CIR 493.02
086-48-053 53 899 CAMERON CIR 493.02
086-48-054 54 903 CAMERON CIR 493.02
086-48-055 55 907 CAMERON CIR 493.02
086-48-056 56 911 CAMERON CIR 493.02
086-48-057 57 915 CAMERON CIR 493.02
086-48-058 58 211 CAMERON CT 493.02
086-48-059 59 203 CAMERON CT 493.02
086-48-060 60 195 CAMERON CT 493.02
086-48-061 61 200 CAMERON CT 493.02
086-48-062 62 208 CAMERON CT 493.02
086-48-063 63 216 CAMERON CT 493.02
086-48-064 64 207 WHITE CT 493.02
086-48-065 65 199 WHITE CT 493.02
086-48-066 66 191 WHITE CT 493.02
086-48-067 67 183 ALLEN CT 493.02
086-48-068 68 175 ALLEN CT 493.02
086-48-069 69 180 ALLEN CT 493.02
086-48-070 70 188 ALLEN CT 493.02
086-48-071 71 196 WHITE CT 493.02
086-48-072 72 204 WHITE CT 493.02
086-48-073 73 212 WHITE CT 493.02
086-48-074 74 203 KING CT 493.02
086-48-075 75 195 KING CT 493.02
086-48-076 76 187 KING CT 493.02
086-48-077 77 179 BRANDT CT 493.02
086-48-078 78 171 BRANDT CT 493.02
086-48-079 79 176 BRANDT CT 493.02
086-48-080 80 184 BRANDT CT 493.02
086-48-081 81 192 KING CT 493.02
086-48-082 82 200 KING CT 493.02
086-48-083 83 208 KING CT 493.02
086-48-084 84 199 DOUGLAS CT 493.02
Slight variances may occur due to rounding
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City of Milpitas
LLMAD No. 98-1
Final Billing Detail Report for Fiscal Year 2022/23
APN Assessment ID Situs Address Fiscal Year 2022/23 Levy 086-48-085 85 191 DOUGLAS CT 493.02
086-48-086 86 183 DOUGLAS CT 493.02
086-48-087 87 175 HOBBS CT 493.02
086-48-088 88 167 HOBBS CT 493.02
086-48-089 89 174 HOBBS CT 493.02
086-48-090 90 182 HOBBS CT 493.02
086-48-091 91 190 DOUGLAS CT 493.02
086-48-092 92 198 DOUGLAS CT 493.02
086-48-093 93 206 DOUGLAS CT 493.02
086-48-094 94 991 CAMERON CIR 493.02
086-48-095 95 995 CAMERON CIR 493.02
086-48-096 96 811 CAMERON CIR 493.02
086-48-097 97 815 CAMERON CIR 493.02
086-48-098 98 831 CAMERON CIR 493.02
98 Accounts $48,315.96
$48,315.96 98 Total Accounts
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 3 of 3 04/08/2022 06:56:10PM63 Item # C5.

HILLVIEW CAMERON ST PL (PVT)
DR I - 680 LOS COCHES ST. SINCLAIR FRONTAGE RD.

BERRYESSA CREEK LANDSCAPING MAINTENANCE DISTRICT (LMD) 98-1 CITY OF MILPITAS (N.T.S.) 2022-2023 FISCAL YEAR LANDSCAPE AREA FUNDED FOR MAINTENANCE

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Approving the Annual Engineer’s Report, Adopt a Resolution Declaring Its Intention to Levy and Collect Assessments, and Provide Notice of Public Hearing to be held on June 21, 2022 for Landscaping and Lighting Maintenance Assessment District No. 95-1 (LLMD 95-1 McCarthy Ranch) (Staff Contact: Steve Erickson, Engineering Director 408-586-3301) Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 5/17/2022
Recommendation: Adopt a resolution approving the Annual Engineer’s Report, adopt a resolution declaring its intention to levy and collect assessments, and provide notice of public hearing to be held on June 21, 2022 for LLMD 95-1 McCarthy Ranch.

Background:

LLMD 95-1 McCarthy Ranch provides the maintenance and improvement of public landscaping, irrigation systems, pedestrian lighting, gateway columns and entry signs along portions of North McCarthy Boulevard and the Ranch Drive gateway between State Route 237 and Dixon Landing Road in the areas as shown on the attached location map.

Analysis:

Before the City Council may levy the annual assessments for LLMD 95-1 McCarthy Ranch, the Landscaping and Lighting Act of 1972 requires the City Council to adopt a resolution approving the annual Engineer’s Report (Report) evaluating the landscape and lighting maintenance district’s maintenance and improvement costs for fiscal year 2022-23.

On March 1, 2022, the City Council directed the City Engineer to prepare the Report, which is included in the City Council packet. The proposed total assessment for fiscal year 2022-23 is $0.0349 per lot square foot with an assessment rate not exceeding the maximum assessment rate. The FY 2022-23 rate is approximately

4.49% higher than the previous year FY 2021-22 rate of $0.03330.

Policy Alternatives:

Alternative 1:

Not adopt the Resolutions for LLMD 95-1 McCarthy Ranch.

Pros: None.

Cons: The Landscaping and Lighting Act of 1972 requires the legislative body to adopt the Resolutions, and if the City Council does not adopt the Resolutions, the City’s will not be able to collect to assessments for LLMD 95-1 McCarthy Ranch.
65 Item # C6.

Reason Alternative 1 is Not Recommended: To allow for the continued maintenance and service of LLMD 95-1 McCarthy Ranch, staff recommends approving the Resolutions into order to levy and collect assessments for fiscal year 2022-23.

Fiscal Impact:

California Environmental Quality Act:

Levy and collection of assessment is not considered a project under CEQA as there will be no direct or reasonably foreseeable indirect physical change in the environment.

Recommendation:

Adopt a resolution approving the Annual Engineer’s Report, adopt a resolution declaring its intention to levy and collect assessments, and provide notice of public hearing to be held on June 21, 2022 for LLMD 95-1 McCarthy Ranch.

Attachment:

1. Resolution Approving Annual Engineer’s Report

2. Resolution Declaring Intention to Levy and Collect Assessments

3. Engineer’s Report LLMD No. 95-1 McCarthy Ranch

4. Location Map
66 Item # C6.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS,

APPROVING THE ANNUAL REPORT FOR
THE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 95-1 FOR FISCAL YEAR 2022/23
The City Council of the City of Milpitas (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the City Council previously completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the “Act”) to establish the Landscaping and Lighting Maintenance Assessment District 95-1 (the “Assessment District”); and WHEREAS, the City Council has retained NBS for the purpose of assisting with the annual levy of the Assessment District, and the preparation and filing of and the report required pursuant to Section 22622 of the Act (the “Annual Report”); and
WHEREAS, the City Council has, by previous resolution, ordered NBS to prepare and file such Annual Report; and
WHEREAS, NBS has prepared and filed such Annual Report with the City Clerk.

NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL, AS FOLLOWS:

2. The Assessment District exterior boundaries are as shown by a map filed in the office of the City Clerk, which map is made a part hereof by this reference.

PASSED AND ADOPTED this day of , 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:
________________________ ________________________
Wendy Wood, City Clerk Rich Tran, Mayor
APPROVED AS TO FORM:
___________________________
Michael Mutalipassi, City Attorney
67 Item # C6.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS,

DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR THE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 95-1 FOR FISCAL YEAR 2022/23
The City Council of the City of Milpitas (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the City Council previously completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the “Act”) to establish the Landscaping and Lighting Maintenance Assessment District No. 95-1 (the “Assessment District”); and WHEREAS, the City Council has retained NBS for the purpose of assisting with the annual levy of the Assessment District, and the preparation and filing of the report required pursuant to Section 22622 of the Act (the “Annual Report”); and
WHEREAS, the City Council adopted a Resolution approving the Annual Report for the Assessment District for Fiscal Year 2022/23.

NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL, AS FOLLOWS:

1. Intention: The City Council hereby declares its intention to levy and collect assessments within the Assessment District to pay the costs of the Improvements for the fiscal year commencing July 1, 2022 and ending June 30, 2023. The City Council finds that the public’s best interest requires such action.

2. Improvements: The improvements within the Assessment District include, but are not limited to:
operating, maintaining and servicing of all public landscaping improvements, consisting of landscaping and grass. Operating, maintaining and servicing costs include, but are not limited to:
personnel, materials, electrical energy and water. Services provided include all necessary service, operations, administration, and maintenance required to keep the improvements in a healthy, vigorous, and satisfactory condition. A project renovating the landscape and irrigation improvements in the Assessment District will be completed in Fiscal Year 2022/23.

5. Notice of Public Hearing: The City Council hereby declares its intention to conduct a public hearing concerning the levy of assessments in accordance with Section 22629 of the Act. All objections to the assessment, if any, will be considered by the City Council. The public hearing will be held on Tuesday, June 21, 2022 at 7:00 pm or as soon thereafter as is feasible in the 68 Item # C6.
meeting place of the City Council located at 455 E. Calaveras Boulevard, Milpitas, CA 95035. The City Council further orders the City Clerk to publish notice of this resolution in accordance with Section 22626(a) of the Act.

PASSED AND ADOPTED this day of , 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Corporate Headquarters
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516
Fiscal Year 2022/23 Annual Report For:

Landscaping and Lighting Maintenance
Assessment District No. 95-1
April 2022
70 Item # C6.

CITY OF MILPITAS
LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 95-1 455 East Calaveras Boulevard
Milpitas, California 95035
Phone (408) 586-3000