CityCouncil_SpecialSession_Attachments_06_07_2022 — Milpitas City Council, June 7, 2022 (part 3 of 3)

a combined total of ten consecutive years (8 years as a Councilmember and 2 years as Mayor; and

▪ Once the elected official reaches their respective term limit, he or she must step down from that office for a “cooling off period” of at least two years and may then serve again; and

WHEREAS, California Government Code section 36502(b) requ ires a local term limits ordinance/measure to be submitted to and approved by a majority of voters voting at a “regularly scheduled election”; and

WHEREAS, the next “regularly scheduled election” is the General Municipal Election to be held on the same date as the Statewide General Election - November 8, 2022; and

WHEREAS, pursuant to California Elections Code Section 9222, the City Council is authorized to submit the Measure to the voters; and

WHEREAS, California Government Code section 36502(b) also requires a local term limits ordinance/measure to be “prospective”; and

WHEREAS, the Measure is drafted to be “p rospective” and will only limit future Mayoral or Council Member terms starting with the November 8, 2022 General Municipal Election; and

WHEREAS, the City Council desires to consolidate the General Municipal Election for the Measure described herein with the Statewide General E lection to be held on November 8, 2022; and

WHEREAS, pursuant to California Elections Code sections 9285 and 9286, the City Council further desires to establish rules and regulations for the preparation, submittal and printing of arguments and rebuttals for and against the Measure described herein; and

WHEREAS, the specific terms of the Measure are attached hereto as Exhibit “A” and by this reference made an operative part hereof, and in accordance with all applicable laws.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MILPITAS,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. Recitals. The City Council of the City hereby finds and determines that the foregoing recitals are true and correct, are incorporated herein and by this reference made an operative part hereof.

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SECTION 2. Submission of Ballot Measure. The City Council of the City, pursuant to its right and authority as contained in California Elections Code section 9222, California Government Code section 36502(b) and any other laws applicable to general law cities, hereby orders the Measure to be submitted to the qualified voters of the City at the General Municipal election to be held and consolidated with the Statewide General Election on Tuesday, November 8, 2022 . The proposed Measure shall be in the form attached hereto as Exhibit “A” to this Resolution and is incorporated by this reference as if fully set forth herein.

SECTION 3. Ballot Question. The City Council, pursuant to its right and authority, does hereby order that the ballot question for the Measure shall be presented and printed upon the ballot submitted to the qualified voters in the manner and form set forth in this Section 3. On the ballot to be submitted to the qualified voters at the General Municipal election to be consolidated with the Statewide General Election on Tuesday, November 8, 2022 , in addition to any other matters required by law, there shall be printed substantially the following question:

“Shall an ordinance be adopted amending the Milpitas
Municipal Code to establish , effective with the
November 8, 202 2 General Municipal Election, a two
consecutive term limit on C ity Councilmember service,
with a three consecutive term limit where the City
Councilmember runs for Mayor, followed by a two-year
“cooling off” period , during which a person may not
serve as Mayor or a Councilmember?”

YES

SECTION 4. Election Procedures.

A. The City Council consents to the consolidation of the election on this Measure with all other elections being held in the same territory on November 8, 2022, and to hold and conduct the consolidated election in the manner prescribed in Election Code Section 10418.

B. The ballots to be used at the election shall be in the form and content as required by law.

C. In accordance with Section 10403 of the Elections Code, the Board of Supervisors of Santa Clara County is hereby requested to consent to consolidation of the election on this Measure with the Statewide General Election and all other elections being held in the same territory on November 8, 2022, and to having the Registrar of Voters render such election services to the City of Milpitas as may be requested by the City Clerk of said City, the County of Santa Clara to be reimbursed in full for such services as are performed.

D. The election services which the City of Milpitas requests the Registrar of 261
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Voters, or such other official as may be appropriate, to perform and which such officer is hereby authorized and directed to perform, if said Board of Supervisors consents, include: the preparation, printing and mailing of sample ballots and guides; the estab lishment or appointment of precincts, voting centers, and election officers, and making such publications as are required by law in connection therewith; the furnishing of ballots, voting booths and other necessary supplies or materials for voting centers; the canvassing of the returns of the election and the furnishing of the results of such canvassing to the City Clerk of the City of Milpitas; and the performance of such other election services as may be requested by the City Clerk.

E. The City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

F. That the precincts, ballot drop box locations and hours of operations, vote center locations and hours of operations, vote -by-mail procedures and timing, and election officers, and all other persons and procedures for the General Municipal Election shall be the same as those utilized by the County of Santa Clara; and

G. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections in the City.

H. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form, and manner as required by law.

I. All ballots shall be tallied at a central counting place and not at t he precincts.

Said central counting place shall be at a County center as designated by the Registrar of Voters.

J. The Santa Clara County Registrar of Voters is hereby authorized to canvass the returns of said election.

K. The City Clerk of the City of Milpitas shall receive the canvass as it pertains to the election on the Measure, and shall certify the results to the City Council, as required by law.

SECTION 5. Arguments and Analysis.

A. The City Council authorizes (i) the City Council or any member(s ) of the City Council, (ii) any individual voter eligible to vote on the above measure, (iii) a bona fide association of such citizens or (iv) any combination of voters and associations, to file a written argument in favor of or against the City measure, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the 262
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State of California and may change the argument until and including August 16, 2022 after which no arguments for or against the measure may be submitted to the City Clerk. Arguments in favor of or against the measure shall each not exceed 300 words in length. Each argument shall be filed with the City Clerk, signed, and include the pri nted name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument.

B. The City Clerk shall comply with all provisions of law establishing priority of arguments for printing and distribution to the voters, and shall take all necessary actions to cause the selected arguments to be printed and distributed to the voters.

C. Pursuant to Section 9280 of the Elections Code, the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure, not to exceed 500 words in length, showing the effect of the measure on the existing law and the operation of the measure. The City Attorney shall transmit such impartial analysis to the City Clerk, who shall cause the analysis to be published in the ballot pamphlet along with the ballot measure as provided by law. The Impartial Analysis shall be filed by the deadline set for filing of primary arguments as set forth in subsection (A) above. The impartial analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters of by the City Council. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the sample ballot, there shall be printed immediately below the impartial analysis, in no less than 10-font bold type, the following: “The above statement is an impartial analysis of Ordinance or Measure ____. If you desire a copy of the ordinance or measure, please call the election official’s office at (insert phone number) an d a copy will be mailed at no cost to you.”

SECTION 6. Rebuttals.

A. That pursuant to Section 9285 of the Elections Code of the State of California, when the Clerk has selected the arguments for and against the various City initiated measures which will be printed and distributed to the voters, the Clerk shall send copies o f the argument in favor of the measures to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. The authors or persons designated by them may prepare and submit rebuttal arguments not exceeding 25 0 words. The rebuttal arguments shall be filed with the City Clerk not later than August 23, 2022.

Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.

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B. That all previous resolutions providing for the filing of rebuttal arguments for City measures are repealed.

C. That the provisions herein shall apply only to the election to be held on November 8, 2022, and shall then be repealed.

SECTION 7. Placement on the Ballot. The full text of the Measure shall not be printed in the voter pamphlet, and a statement shall be printed in the ballot pursuant to Section 9223 of the Elections Code advising voters that they may obtain a copy of this Measure, at no cost, upon request made to the City Clerk.

SECTION 8. Delivery of Resolution to County. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. The City Council directs the City Clerk to deliver copies of this Resolution, including the Measure attached hereto as Exhibit “A”, to the Clerk of the Board of Supervisors of Santa Clara County and to the Registrar of Voters of Santa Clara County.

SECTION 9. CEQA. The City Council hereby finds and determines that the ballot Measure relates to organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment, and therefore is not a project within the meaning of the California Environmental Quality Act (“CEQA”) and the State CEQA Guidelines, section 15378(b)(5).

SECTION 10. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.

SECTION 11. Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Milpitas, California, at a regular meeting held on this _____ day of _________, 2022.

________________________________

RICH TRAN
MAYOR

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I HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of said City Council on the _______day of _________, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NAYS: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:

______________________________ _______________________________ ______________________ __________________________

CITY CLERK CITY ATTORNEY
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EXHIBIT “A”

ORDINANCE NO. ____

AN ORDINANCE OF THE PEOPLE OF THE CITY OF MILPITAS,
CALIFORNIA, AMENDING CHAPTER 400 (MAYORAL AND
COUNCILMANIC TERM LIMITS) OF TITLE 1 (ADMINISTRATION) OF

THE MILPITAS MUNICIPAL CODE TO AMEND TERM LIMITS ON

MAYORAL AND CITY COUNCILMEMBER SERVICE

NOW THEREFORE, THE PEOPLE OF THE CITY OF MILPITAS DO ORDAIN AS FOLLOWS:

SECTION 1. Subject to the approval of a majority of the voters of the City of Milpitas at the scheduled election so designated by the City Council in a separate resolution placing the proposal on the ballot for such election, Chapter 400 of Title 1 of the Milpitas Municipal Code is hereby amended to read as follows:

"Chapter 400 – MAYORAL AND COUNCILMANIC TERM LIMITS.

Sections:

Section 1 – Term Limits

I-400-1 - Term Limits

A. A person may serve a maximum of three consecutive elective terms as either a City Councilmember or as the Mayor. However, if the Mayor is elected as a Councilmember, that person may serve one additional consecutive elective term as a Councilmember.

B. A person may serve a maximum of two consecutive elective terms as a City Councilmember. However, if a Councilmember is elected Mayor or the Mayor is elected Councilmember, that person may serve an additional a combined total of no more than four consecutive elective terms as Mayor. At any municipal election a

C. After the expiration of two years following said consecutive elective terms, such former Councilmember or Mayor may again seek be electedion or appointed to serve on the City Council or as Mayor.

I-400-2 - Applicability to Partial Terms

For purposes of ap plying this Chapter, a person who serves over half of either a Councilmember or Mayoral elective term shall be deemed to have served that entire elective term consecutively with the next scheduled elective term, even if there is an actual break of time in elected service. In the event one is elected Mayor during 266
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his or her tenure as Councilmember, he or she shall be deemed to have served that entire Council term for purposes of applying this Chapter.

I-400-3 – Definition of “Elective term”

A. “Elective term” shall mean:

(1) A full term of service (four years for Council members and two years for Mayor) for which a person was nominated, including as a write -in candidate, and to which he or she was elected to office at any General Municipal Election, occurring on or after November 8, 2022; or

(2) A full term of service (four years for Council Members and two years for Mayor) to which a person was appointed by the City Council in lieu of a General Municipal Election, pursuant to California Elections Code Section 10229 or similar law, occurring on or after November 8, 2022

B. “Elective Term” shall not mean any partial term to which a person has been specially elected or appointed to the office of Mayor or Council member pursuant to a recall election or to fill a mid-term vacancy, pursuant to State law.

C. Special Transitional Rules. Notwithstanding the above , if, as of the November 8, 2022 General Municipal Election:

(1) a person has already served three consecutive elective terms as Mayor to which he or she was elected or appointed in lieu of an election in the Years 2016, 2018 and 2020, that person may not serve any further consecutive terms as Mayor but may serve one consecutive term as a Councilmember staring in the Year 2022. If elected or appointed to the office of Councilmember , that person serve one term as a Councilmember and thereafter may not serve as Mayor or as a Councilmember until the expiration of two years following said consecutive elective terms , as outlin ed above.

Such person may also not resign as a Councilmember and serve as Mayor starting in the Year 2024.

(2) a person has already served two consecutive terms as a Councilmember to which he or she was elected or appointed in lieu of an election in the Years 2016 and 2020, that person may not serve any further consecutive terms as a Councilmember but may serve one consecutive term as Mayor starting in the Year 2022 or 2024. If elected or appointed to th e office of Mayor, that person may serve one term as Mayor and thereafter may not serve as Mayor or as a Councilmember until t he expiration of two years following said consecutive elective terms, as outlined above.

(3) a person has already served one term as a Councilmemb er to which he or she was elected or appointed in lieu of an election in the Year 2018, that person may serve one additional consecutive term as a Councilmember 267
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starting in the Year 2022 and may thereafter serve one consecutive term as Mayor starting in th e Year 2026 . The person thereafter may not serve as Mayor or as a Councilmember until the expiration of two years following said consecutive elective terms, as outlined above.

(4) a person is currently serving a first term as a Councilmember to which he or she was elected in the Year 2020, that person may serve one additional consecutive term as a Councilmember starting in the Year 2024 and may thereafter serve one consecutive term as Mayor starting in the Year 2028.

The person thereafter may not serve as Mayor or as a Councilmember until the expiration of two years following said consecutive elective terms , as outlined above.

I-400-4 – Prohibition on Elective Service When Term Limit Reached

A. The City Clerk, or other election official authorized by law, shall not accept or verify the signatures on any nomination paper for any person, including any paper for the purpose of seeking election as a write -in candidate, nor shall he or she certify or place on the list of certified candidates, nor print or cause to be printed on any ballot, voter information guide, sample ballot or ballot label, the name of any person whose candidacy, if successful, will result in a new Mayoral or City Councilmember elective term that exceeds the limits set forth herein.

B. Notwithstanding section I -400-3(B)(3) above, no person whose elected service has reached the applicable term limit set forth herein may be appointed to serve as Mayor or as a Council member, whether said appointment is in lieu of a General Municipal Election, pursuant to California Elections Code Section 10229, or to fill a vacancy in the office of Mayor or Councilmember pursuant to State law.

C. Notwithstanding section I -400-3(B)(3) above, no person whose elected service has reached the applicable term limit set forth herein may run for special election to fill a recall or vacancy in the office of Mayor or a Council member pursuant to State law.

I-400-35 - Effective Date

In accordance with Election Code 9217, the Ordinance codified in this Chapter became effective on May 17, 1996 December _____, 2022, which was ten days after the City Council declared the result of the Election.”

SECTION 2. If any portion of this Ordinan ce is declared invalid by a court of law or other legal body with applicable authority, the invalidity shall not affect or prohibit the force and effect of any other provision or application of the Ordinance that is not deemed invalid. The voters of the C ity hereby declare that they would have circulated for qualification and/or voted for the adoption of this Section, and each portion thereof, regardless of the fact that any portion of the initiative may be subsequently deemed invalid.
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SECTION 3. To the fullest extent allowed by law, the provisions of this Ordinance shall prevail over, and supersede, all other provisions of the Municipal Code and any ordinances, resolutions or administrative policies of the City of Milpitas which are in conflict with any provision of this Ordinance.

SECTION 4. This Section shall not be repealed or amended except by a measure approved by a majority of the electors voting on the issue at a General Municipal Election, or at a special election called for that purpose.

SECTION 5. This Ordinance shall take effect only if approved by a majority of the eligible voters of the City of Milpitas voting at a Municipal General Election to be held on November 8, 2022, and shall take effect ten (10) days after the City Council has certified the results of the Municipal General Election by resolution.

SECTION 6. The Mayor is hereby authorized to attest to the adoption of this Ordinance by the People voting thereon on November 8, 2022, by signing where indicated below.

I hereby certify that the foregoing Ordinance was PASSED, APPROVED AND ADOPTED by the People of the City of Milpitas on the 8th day of November, 2022.

________________________________

RICH TRAN
MAYOR
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AGENDA REPORT
(AR)

Item Title: Introduce an Ordinance of the City Council of the City Of Milpitas Adding Section 3.5 (“Regulation Of Lobbying Activities”) to Chapter 310 (“Open Government Ordinance”), of Title I (“Administration”) of the Milpitas Municipal Code (The “Code”) and Modifying Section I-310-3.160 of the Code (Staff Contact: Michael Mutalipassi, City Attorney, 408-586-3040)
Category: Leadership and Support Services
Meeting Date: 6/7/2021
Recommendation: Following the City Attorney’s reading aloud the title, move to waive the reading beyond the title and introduce an Ordinance adding Section 3.5 (“Regulation of Lobbying Activities”) to Chapter 310 (“Open Government Ordinance”), of Title I (“Administration”) of the Milpitas Municipal Code (the “Code”) and Modifying Section I-310-

3.160 of the Code.

Background:

The Milpitas Open Government Ordinance at section I-310-3.160 contains the City of Milpitas registration requirements for lobbyists and sets for requirements and prohibitions related to lobbying activity and contacts with public officials. The current Code requires lobbyists to file a report with the City Clerk detailing “the general nature of the issues they are trying to influence, compensation ranges received from their clients, all campaign contributions to elected City officials, all fundraising activities conducted on behalf of elected City officials, all contributions to political campaigns or charities made at the behest of City officials, all payments received for services as a consultant to the City or Redevelopment Agency, and any compensated work performed as a campaign consultant for any elected City official.” The Code also forbids lobbyists from making payments in an attempt to influence local legislative or administrative action without first registering with the City Clerk.

Notably absent from the current Code are robust definitions for terms, including the terms lobbyist and fundraising activity. Also absent from the present Code, are specific requirements for lobbyists to identify themselves when addressing city officials, regular reporting requirements, and prohibitions on lobbyists making gifts to City officials. An ordinance amending the City Code was prepared at the direction of Council to address some of the shortcomings in the current lobbyist regulation.

Analysis:

The ordinance adds section 3.5 (“Regulation of Lobbying Activities”) to the City’s Open Governance Ordinance. This new section is fundamentally similar to the previous lobbyist regulation insomuch as it requires lobbyists to register with the City Clerk and prohibits lobbyists from taking certain specific actions in regard to their treatment of City officials. The new ordinance, however, differs from the old ordinance in that it extensively defines previously undefined terms, including the term lobbyist. It also differentiates between contract lobbyists, organizational lobbyists, and expenditure lobbyists, thereby expanding the types of people and entities covered by the ordinance. The ordinance also defines many terms related to lobbying activity, including fundraising activity. By specially defining these terms within the ordinance, the Code leaves little room for equivocation or argument about the activities regulated there under.

The primary purpose of the lobbying ordinance is to ensure transparency to both the public and the officials whose decisions lobbyists are attempting to influence. The disclosure of lobbying activities fosters public confidence in government officials and makes the government decision making process more transparent. The ordinance achieves these goals by requiring all lobbyist, whether they be contract lobbyists, organizational lobbyists, or expenditure lobbyists, to register with the City Clerk. The registration requires the lobbyist to disclose substantial information regarding their activities, as set forth in section I-310-3.5.90. Lobbyist are 270 Item # 19.

required to register 15 days after qualifying as a lobbyist and yearly thereafter. Registration must be renewed annually on or before January 15. A lobbyist may terminate his or her registration by filing a declaration with the City Clerk. A small fee will be required for registration and renewal. That fee will be determined in the next City-wide fee study. Once registered, lobbyists will have to file quarterly reports with the City Clerk detailing their lobbying activity during that quarter. All lobbyist registrations and reports will be public documents subject to the City’s document retention policy and the California Public Records Act. Lobbyists are required to keep their reports for a period of four years. The City is entitled to inspect or audit those reports.

The ordinance requires a lobbyist, when appearing in a lobbying capacity, to identify himself or herself, identify his or her client, and identify the business or organization that he or she represents. Identification is required when a lobbyist is meeting with a city official or is speaking in a lobbying capacity before any meeting of the City Council, or the meeting of any City board, commission, or quasi-judicial hearing.

The ordinance prohibits some specific lobbying behavior. Unregistered lobbyists may not lobby any City Official. Lobbyists may not send communications to any City official from a non-existent person, or from a real person without the consent of that person. Lobbyists may not attempt to take action to place a City official under his or her personal obligation or make any compensation directly contingent on a legislative or administrative action. Lobbyists may not make gifts to public officials, and public officials may not accept gifts from lobbyists. Lobbyists who violate the ordinance are precluded from lobbying the City for a period of 1 year after that violation.

Included in the ordinance are requirements and restrictions for those persons contracted with the City to lobby on behalf of its interests. These requirements are identical to the requirements currently set forth in the Open Government Ordinance.

Policy Alternative:

Alternative: Do not adopt the ordinance adding section 3.5 to the Open Government Ordinance.

Pros: The status quo will be preserved.

Cons: Regulation of lobbying activity will not be robust. Lobbyist will not be required to identify themselves during lobbying activities and will not be precluded from the activities set forth in section I-310-3.5.130 of the proposed ordinance.

Reason not recommended: adopting the new ordinance will promote transparency to both the public and the officials whose decisions lobbyists are attempting to influence. The disclosure of lobbying activities fosters public confidence in government officials and makes the government decision making process more transparent. Failing to adopt the ordinance will not tend to promote these goals.

Fiscal Impact:

Changes to this ordinance does not have any fiscal impact.

California Environmental Quality Act:

The action is not considered a project under CEQA as there will be no direct, or reasonably foreseeable indirect physical change in the environment.

Recommendation:

Following the City Attorney’s reading aloud the title, move to waive the reading beyond the title and introduce an Ordinance adding Section 3.5 (“Regulation of Lobbying Activities”) to Chapter 310 (“Open Government Ordinance”), of Title I (“Administration”) of the Milpitas Municipal Code (the “Code”) and Modifying Section I- 310-3.160 of (the “Code”).

Attachment:

1. Ordinance adding Section 3.5 (“Regulation of Lobbying Activities”) to Chapter 310 (“Open Government Ordinance”), of Title I (“Administration”) of the Milpitas Municipal Code (the “Code”) and Modifying Section I-310-3.160 of the Code).
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Ordinance No. ___
1 REGULAR

NUMBER: ___.__

TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILPITAS ADDING SECTION 3.5 (“REGULATION OF LOBBYING ACTIVITIES”) TO CHAPTER 310 (“OPEN GOVERNMENT ORDINANCE”), OF TITLE 1
(“ADMINISTRATION”) OF THE MILPITAS MUNICIPAL CODE (THE “CODE”) AND MODIFYING SECTION I-310-3.160 OF THE CODE

HISTORY: This Ordinance was introduced (first reading) by the City Council at its meeting of ____________________, upon motion by_________________________ and was adopted (second reading) by the City Council at its meeting of _______________, upon motion by ____________________________. The Ordinance was duly passed and ordered published in accordance with law 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

BE IT ORDAINED BY THE CITY OF MILPITAS AS FOLLOWS:

WHEREAS, the citizens of Milpitas have a right to know the identity of interests which attempt to influence decisions of City government, as well as the means employed by those interests; and
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2 WHEREAS, complete public disclosure of the full range of activities by and financing of lobbyists and those who employ their services is essential to the maintenance of citizen confidence in the integrity of City government; and
WHEREAS, it is in the public interest to ensure that lobbyists do not misrepresent facts, misrepresent their positions, or attempt to deceive a City official through false communications; do not place a City official under personal obligation to themselves or their clients; and do not represent that they can control the actions of any City official; and, WHEREAS, it is in the public interest to adopt this section to ensure adequate and effective disclosure of information about efforts to lobby City government.

NOW, THEREFORE, the City Council of the City of Milpitas does ordain as follows:

SECTION 1. RECORD AND BASIS FOR ACTION : The City Council has duly considered the full record before it, which may include but is not limited to such things as the City staff report, testimony by staff and the public, and other materials and evidence submitted or provided to the City Council. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.

SECTION 2 AMENDMENT OF MILPITAS MUNICIPAL CODE: That Section 3.5 (“Regulation of Lobbying Activities”) of Chapter 310 (“Open Government Ordinance”), of Title 1 (“Administration”) of the Milpitas Municipal Code is added to read as follows:

Section 3.5 - Regulation of Lobbying Activities
Sections
I-310-3.5.10 Purpose
I-310-3.5.20 Interpretation
I-310-3.5.30 Definitions
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3 I-310-3.5.40 Registration
I-310-3.5.50 Annual registration renewal
I-310-3.5.60 Termination of lobbyist status
I-310-3.5.70 Active status
I-310-3.5.80 Registration fees
I-310-3.5.90 Required registration information
I-310-3.5.100 Quarterly reports
I-310-3.5.110 Records retention
I-310-3.5.120 Lobbyist identification
I-310-3.5.130 Prohibitions
I-310-3.5.140 Gifts
I-310-3.5.150 Enforcement
I-310-3.5.160 Injunction
I-310-3.5.170 Practice restrictions
I-310-3.5.180 Exemptions
I-310-3.5.190 Lobbyists on Behalf of the City
I-310-3.5.10 Purpose
The purpose of this chapter is to impose registration and disclosure requirements on those engaged in efforts to influence the decisions of City policy makers for Compensation. Disclosure of lobbyists’ identities and activities fosters public confidence in government officials by making government decision -making more transparent to the public. Additionally, the disc losure and registration requirements ensure that City Officials are made aware of the interests that Lobbyists represent when the officials are lobbied.
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4 I-310-3.5.20 Interpretation
Unless the term is specifically defined in this chapter or the contrary is stated or clearly appears from the context, the definitions set forth in Government Code section 81000 et seq., shall govern the interpretation of this chapter.

I-310-3.5.30 Definitions
For the purposes of this chapter, the following definitions shall be applicable:
(a) “Activity Expense” means any payment made by a Lobbyist to or directly benefiting any City Official, City Official -elect or member of his or her immediate family. Activity Expenses include Gifts, honoraria, consulting fees, salaries and any other form of Compensation, but do not include campaign contributions. (b) “Administrative Action” means the proposal, drafting, development, consideration, advocacy or recommendation of any rule, regulation, agreement or contract, permit, license or hiring action.
(c) “At the behest” means at the specific direction of, or at the personal request or suggestion of, or with the express prior consent of, any elective City Official, City Official -elect or candidate for elective City office.
(d) “City Official” means any public official, or City employee who participates in the consideration of any Legislative Action or Administrative Action other than in a purely clerical, secretarial or ministerial capacity. It shall also include any City board or commission member, or City representative to any joint powers authority to which the City is a party, and any consultant to the City.
(e) “Client” means a Person who is represented by a Lobbyist. 275
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Ordinance No. ___
5 (f) “Compensation” includes, but is not limited to, money of any denomination or orig in; goods or services or anything of value, delivered or rendered; commissions related to the purchase or sale of real property, or a contract or promise therefor; or promises to perform or provide services or contractual arrangements or awards. (g) “Contact” means attendance at a meeting with a City Official or City Official-elect, or any direct communication with a City Official or City Official -elect, whether oral, electronic or in writing, including, but not limited to communication through an agent, associate or employee, for the purpose of engaging in Lobbying activity. (h) “Fundraising Activity” means soliciting a contribution; hosting or sponsoring a fundraising event; or hiring a fundraiser or contractor to conduct any event designed for political fundraising at which contributions for any City Official, candidate for elective City office or any controlled committee of an elected City Official or candidate for City office or for any political action committee, political party or candidate for elective offi ce of a governmental Organization are solicited, delivered or made. (i) “Gift” means gift as defined in the California Political Reform Act, Government Code Section 81000 et seq., as amended from time to time.
(j) “Independent Expenditure” means an expenditure m ade by any Person, including a payment of public moneys by a state or local governmental agency, in connection with a communication which expressly advocates the election or defeat of a clearly identified candidate or the qualification, passage or defeat of a clearly identified measure, or taken as a whole and in context, unambiguously urges a particular result in an election but which is not made to or at the behest of the affected candidate or committee. 276
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Ordinance No. ___
6 (k) “Influencing” means the purposeful communication, either directly or through agents, promoting, supporting, modifying, opposing, causing the delay or abandonment of conduct, or otherwise intentionally affecting the behavior of a City Official or official - elect, by any means, including, but not limited to, providing or using persuasion, information, incentives, statistics, studies or analyses. (l) “Intermediary” means a Person who makes a campaign or officeholder contribution on behalf of another Person. A Person is an Intermediary for a contribution if the recipient of the contribution would consider that Person to be the contributor without the disclosure of the identity of the true source of the contribution. A Lobbyist acts as an Intermediary if the Lobbyist makes a contribution on behalf of another Person, and that other Person is acknowledged as the contributor, and the Lobbyist is reimbursed for the contribution. (m) “Legislative Action” means the drafting, introduction, consideration, modification, enactment or defeat of any resolution, ordinance, amendment thereto, report, nomination, or other action of the Mayor, City Council, any City board, committee, or commission or any joint powers authority of which the City is a party, acting in its official capacity, or the granting, approval, or amendment of contr acts or agreements to which the City is a party by any of the foregoing.
(n) “Lobbying” is the Influencing or attempting to influence a Legislative Action or Administrative Action of the City.
(o) “Lobbyist,” unless exempt under subsection (p) of this section, means:
(1) Contract Lobbyist: A Person who engages in Lobbying on behalf of one or more Clients (acting individually or through agents, associates, employees or contractors) and who has received or has entered into an agreement for Compensation of one thousand dollars 277
Item # 19.

Ordinance No. ___
7 ($1,000.00) or more, or equivalent nonmonetary Compensation (“threshold Compensation”) for engaging in Lobbying during any consecutive three-month period; (2) Business or Organization Lobbyist: Any business or Organization, whose owner(s), officer(s) or employee(s) carry out Lobbying on its behalf, in an aggregate amount of ten hours or more within any consecutive twelve (12) -month period, whether or not such officers or employees are specifically compensated to engage in Lobbying; provided, that the a ctivities of officers shall be considered Lobbying only if those officers receive Compensation by the business or Organization beyond reimbursement for their reasonable travel, meals or incidental expenses; or (3) Expenditure Lobbyist: A Person who makes paym ents or incurs expenditures of five thousand dollars ($5,000.00) or more during any calendar year in connection with carrying out public relations, advertising or similar activities with the intent of soliciting or urging, directly or indirectly, other Persons to communicate directly with any City Official in order to attempt to influence Legislative Action or Administrative Action. The five-thousand-dollar ($5,000.00) threshold shall not include: (A) Compensation paid to Contract Lobbyists or employees for Lobbying; or (B) dues payments, donations, or other economic consideration paid to an Organization, regardless of whether the dues payments, donations or other economic consideration are used in whole or in part to lobby.
(p) Exemptions to “Lobbyist” include:
(1) Any public official acting in his or her official capacity or acting within the scope of his or her employment or appointment;
278
Item # 19.

Ordinance No. ___
8 (2) The Media, when limiting its action to the ordinary course of news gathering or editorial activity, as carried out by members o f the press. “Media” shall mean newspapers or any other regularly published periodical, radio or television station or network or information published on the Internet. This exemption does not apply to individuals conducting media activities when that indi vidual would otherwise qualify as a Contract Lobbyist under this chapter;
(3) Persons reimbursed for only their reasonable travel, meals or incidental expenses, including, but not limited to, uncompensated members or directors of nonprofit Organizations, such as chambers of commerce;
(4) Persons whose communications regarding any Legislative Action or Administrative Action are solely limited to appearing at or submitting testimony for any public meeting held by the City or any of its agencies, offices, or departm ents, as long as the communications thereto are public records available for public review. Persons who appear or testify at public meetings and who otherwise qualify as Lobbyists due to other activities must register and disclose their Lobbying activities directed toward City Officials, and must identify themselves and their Clients at public meetings, in the same manner and to the same extent such registration, disclosure, and identification is required of all other Lobbyists;
(5) Persons submitting bids or responding to requests for proposals, provided the provision of such information is limited to direct conversation or correspondence with the official or department specifically designated to receive such information; 279
Item # 19.

Ordinance No. ___
9 (6) Persons providing oral or written inf ormation pursuant to a subpoena or otherwise compelled by law or regulation, or in response to an official request; provided, that the request and response thereto are public records available for public review; (7) Designated representatives of a recognized employee Organization whose activities are limited to communicating with City Officials or their representatives regarding (A) wages, hours and other terms or conditions of employment, or (B) the administration, implementation or interpretation of an existing employment agreement; (8) Persons who are professionally licensed by a State licensing Organization pursuant to the California Business and Professions Code, including, but not limited to, attorneys, architects and engineers; provided however, the exempti on for attorneys shall only be applicable if the attorney is engaged in the practice of law with respect to the subject of the employment;
(9) Board members or employees of nonprofit 501(c)(3) corporations, unless the nonprofit Organization is Lobbying for a specific project, issue or Person for which the Organization has received Compensation or a contribution to lobby for or against a specific project, issue or Person;
(10) Members of neighborhood associations;
(11) A Person hired by the City for work performed on behalf of the City, or a Person who prepares documents for consideration by the City under the California Environmental Quality Act;
(12) The owner of a business whose attempts to influence governmental action are on behalf of the business and:
280
Item # 19.

Ordinance No. ___
10 (i) The owner or business has not retained a Person to engage in Lobbying activity on behalf of the owner or business; or
(ii) Officers or employees of the business (not including the owner) have not engaged in Lobbying activity on behalf of the owner or business. (iii) This exemption applies only to the threshold for becoming a Business or Organization Lobbyist as defined under section I-310-3.5.30(o), subsection (2). An o wner of a business who meets this exemption is subject to the requirements of this chapter if he or she meets the definition of Contract Lobbyist or Expenditure Lobbyist as defined under subsections (1) and (3) of section I-310-3.5.30(o), respectively;
(13) Persons who meet with City Officials solely to lodge “whistleblower” complaints relating to alleged improper governmental activity such as mismanagement, waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety;
(14) Persons whose communications with City Officials are solely in connection with the administration of an existing contract or agreement between the Person and the City; or
(15) Persons who meet with the City Attorney, or City staff regarding any claim or litigation matter, negotiation of any agreements or contracts where the City is a party, or the requirements or interpretation of this chapter.
(q) “Organization” means any Person that is not an individual. (r) “Person” means any individual, domestic or foreign corpora tion, for-profit or nonprofit entity, firm, association, syndicate, union, chamber of commerce, joint -stock company, 281
Item # 19.

Ordinance No. ___
11 partnership of any kind, limited liability company, common-law trust, society, or any other group of Persons acting in concert.

I-310-3.5.40 Registration
Lobbyists shall register with the City Clerk within fifteen (15) days after qualifying as a Lobbyist under Milpitas Municipal Code section I -310-3.5.30. Should a Lobbyist have a change to its registration information, including, but not li mited to, the City Legislative Action or Administrative Action as to which the Lobbyist has been engaged, after the annual registration period, such Lobbyist shall file an amended registration with the City Clerk within fifteen (15) days of such change with the changed information.

I-310-3.5.50 Annual registration renewal
A Lobbyist shall renew his or her registration by January 15th of each year unless he or she has terminated their status as a Lobbyist pursuant to Milpitas Municipal Code section I-310-

3.5.60 by such date.

I-310-3.5.60 Termination of lobbyist status
After initial registration, annual registration renewal will not be required if a declaration attesting to the termination of Lobbying services within the City has been filed with the City Clerk no later than January 15th.

I-310-3.5.70 Active status
All registrations, renewals and terminations will be deemed filed on the date received by the City Clerk. A lobbyist shall be deemed active for the duration of the year of registration ending December 31, unless a declaration attesting to termination of lobbying services within the City is filed.

I-310-3.5.80 Registration fees
282
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Ordinance No. ___
12 Persons subject to the registration requirements of this ordinance shall pay an annual fee set by resolution of the City Council.
(a) The applicable registration fee is due at the time of registration or registration renewal.

Payment will be deemed delinquent thereafter. Delinquency fees may be assessed as specified in subsection (c) below, if payment occurs after the due date. (b) In addition to the annual fee, each registrant shall pay a fee set by resolution of the City Council per client for whom lobbying is undertaken for compensation in excess of five hundred dollars ($500.00). The fees for clients as of the date of initial registration shall be submitted with the registration. The fees for subsequent clients shall be due and submitted within fifteen (15) days of such change with the changed information pursuant to section I-310-3.5.30.
(c) A fine of twenty-five dollars ($25.00) per day for delinquent fees, up to a maximum of five hundred dollars ($500.00), will be assessed until in compliance with the registration provisions herein.

I-310-3.5.90 Required registration information
The initial registration shall contain the name, business address, telephone, email addresses and if applicable, business license of all persons required to register pursuant to this Chapter, including the names of all owners of sole proprietorships and partnerships of fewer than ten (10) persons. If the registrant is a corporation, limited liability company, or limited liability partnership, it shall also include the names of the president, secretary, chief financial officer, managing members, and agent for service of process, if any. Any business or organization registering under this act shall also briefly describe the nature of its business or organization and contact individual. In addition to this information, the report shall contain the following:
283
Item # 19.

Ordinance No. ___
13 (a) Contract Lobbyists: The name, business address, telephone number of each Client, the nature of each Client’s business and the item(s) of Legislative Action or Administrative Action the Lobbyist is seeking to influence on behalf of the Client; and the name of each Person employed or retained by the Lobbyist to lobby on behalf of each Client. (b) Business or Organization Lobbyists: The names of owners, officers or employees conducting Lobbying activities and the item(s) of Legislative Action or Administrative Action the Lobbyist is seeking to influence.
(c) Expenditure Lobbyists: The item(s) of municipal Legislative Action or Administrative Action the Lobbyist is seeking to influence.
(d) Payment received by the reporting Lobbyist for services as a consultant or in any other capacity for services rendered to a City agency, any City Official or any City Official- elect or their controlled committees, or ballot measure committee within the previous calendar year. The dates of payment and name of each payer shall be included. (e) Campaign and officeholder contributions that a Lobbyist made, delivered or acted as an Intermediary for, to an elected City Official or candidate for City office made during the preceding calendar year. A Person is an Intermediary for a contribution if the recipient of the contribution would co nsider that Person to be the contributor without the disclosure of the identity of the true source of the contribution. Also, a Lobbyist acts as an Intermediary if the Lobbyist makes a contribution on behalf of another Person, and that other Person is ackn owledged as the contributor, and the Lobbyist is reimbursed for the contribution.
284
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Ordinance No. ___
14 (f) Campaign and officeholder contributions made at the behest of an elected City Official or candidate to any other elected public official or candidate for public office durin g the preceding calendar year.
(g) All Independent Expenditures made for or on behalf of a City Official or candidate for City office made during the preceding calendar year.
(h) Fundraising Activity for any City Official, candidate for elective City office or a ny controlled committee of the elected City Official or candidate for City office or for any political action committee, political party or candidate for elective office of a governmental Organization made at the behest of a City Official during the preced ing calendar year. Required information and disclosures must include the name of the City Official, candidate, committee or party on whose behalf the Lobbyist engaged in fundraising activities, or delivered or acted as Intermediary for one or more contributions. The information and disclosures must also include the name of the City Official requesting the Fundraising Activity, the date of the Fundraising Activity, the name of the contributors and the amount of contributions raised, delivered and/or made in connection with which the Lobbyist acted as an Intermediary. (i) Donations to for profit or nonprofit Organizations made at the behest of a City Official or candidate for elective City office of any contribution or payment of more than one thousand dollars in the aggregate made during the preceding calendar year. (j) Contacts made with City Officials or City Officials-elect during the preceding calendar year for the purpose of influencing or attempting to influence Legislative Action or Administrative Action. Con tact information must include a brief description of the item(s) of Legislative Action or Administrative Action the Lobbyist is seeking to 285
Item # 19.

Ordinance No. ___
15 influence, the date(s) of Contact, the method(s) of Contact, and the number of Contacts in the following ranges: (one), (two to five), (six to ten) or (eleven or more). (k) Activity Expenses such as payments that directly benefit any City Official, City Official-elect or member of his or her immediate family or domestic partner made during the preceding calendar year. Activity Expenses include Gifts, honoraria, consulting fees, salaries and other forms of Compensation, but do not include campaign contributions.
(l) The name, address, title and telephone number of the Person responsible for preparing the report, together with that individual’s signature attesting to the authority of the signatory and the accuracy and truthfulness of the information submitted.

I-310-3.5.100 Quarterly reports
Quarterly reports for the prior three-month period are to be filed with the City Clerk on or before July 15th, October 15th, January 15th, and April 15th of each year, whether or not any Lobbying activities have occurred during such period. Electronic reporting may also be permitted by the City Clerk. Each quarterly report shall contain the same information as required to be disclosed in the initial registration, for those activities occurring in that period. If a Lobbyist has terminated all Lobbying activ ities during such period, the Lobbyist may file a declaration of termination with the quarterly report. The final quarterly report shall include disclosure of any Lobbying activities during the period of termination.

I-310-3.5.110 Records retention
All information, reports and statements required to be filed under the provisions of this chapter shall be compiled and preserved by the City pursuant to the City’s records retention schedule and shall be open to public inspection. Copies of the records pertaini ng to the above- 286
Item # 19.

Ordinance No. ___
16 required reports shall be preserved by the Lobbyist for inspection and audit for a period of four years from date of production.

I-310-3.5.120 Lobbyist identification
When appearing in a Lobbying capacity at any meeting with a City Official or at a public meeting of the City Council or any other City board, commission or hearing, a Contract Lobbyist shall identify himself/herself and the Client(s) on whose behalf he/she is appearing, and a Business or Organization Lobbyist shall identify himself/herself and the business or Organization he/she represents.

I-310-3.5.130 Prohibitions
It shall be unlawful for any Lobbyist to commit any of the following acts:
(a) Unregistered Lobbying: Acting as a Lobbyist in the City without having registere d in compliance with this chapter, or knowingly to employ a Person or entity to serve as a Lobbyist when such Person is not registered pursuant to this chapter. (b) Unauthorized Communications: Sending or causing any communication to be sent to any City Official in the name of any nonexistent Person or in the name of an existing Person without the express or implied consent of such Person. (c) Indirect Violations: Attempting to evade the requirements of this chapter through indirect efforts or through the use of agents, associates, intermediaries or employees. (d) Creation of Obligations: Performing or sponsoring any act with the purpose and intent of placing any City Official under personal obligation to the Lobbyist. (e) Contingent Compensation: Compensation for Lobbying activity when the Compensation is directly dependent on the result of Legislative Action(s) or Administrative Action(s) that are the subject of the Lobbying activity. 287
Item # 19.

Ordinance No. ___
17 I-310-3.5.140 Gifts
It shall be unlawful for any Lobbyist to deliver or cause to be delivered any Gift to any City Official, and for any City Official to accept any Gift from a Lobbyist.

I-310-3.5.150 Enforcement
Persons or entities that violate this chapter may be subject to penalties as set forth in Milpitas Municipal Code sections I-1-4.09-1 to I-1-4.09-11.

I-310-3.5.160 Injunction
The City Attorney or his designee may seek injunctive relief in the courts to enjoin violations of or to compel compliance with the provisions of this chapter.

I-310-3.5.170 Practice restrictions
No Person who the City finds to have violated this chapter may act as a Lobbyist or otherwise attempt to influence municipal Legislative Actions or Administrative Actions for Compensation for one year after such finding of violation.

I-310-3.5.180 Exemptions
Any Person who in good faith and on reasonable grounds believes that he or she is not required to comply with the provisions of Milpitas Municipal Code section I-310-3.5.40 by reason of his or her being exempt under Milpitas Municipal Code section I-310-3.5.30(p) shall not be deemed to have violated the provisions of Milpitas Municipal Code section I-310-3.5.40 if, within fifteen (15) days after notice from the City, he or she either complies or furnishes satisfactory evidence to the City that he or she is exempt from registration.

I-310-3.5.190 Lobbyists on Behalf of the City
(a) Any lobbyist who contracts for economic consideration with the City of Milpitas to represent the City in matters before any local, regional, state, or federal administrative 288
Item # 19.

Ordinance No. ___
18 or legislative body shall file a public records report of their activities on a quarterly basis with the City Clerk's office. This report shall be maintained by the City Clerk's office and not be exempt from disclosure. Each quarterly report shall identify al l financial expenditures by the lobbyist, the individual or entity to which each expenditure was made, the date the expenditure was made, and specifically identify the local, state, regional or national legislative or administrative action the lobbyist supported or opposed in making the expenditure. The failure to file a quarterly report with the required disclosures shall be a violation of this chapter. (b) No person shall be deemed a lobbyist on behalf of the City under subsection (a) of this section, unless that person receives or becomes entitled to receive at least $250 total compensation in any month for influencing legislative or administrative action on behalf of the City of Milpitas. No business or organization shall be deemed as a lobbyist under subsection (a) of this section unless it compensates its employees or members for their lobbying activities on behalf of the City of Milpitas, and the compensated employees or members have at least 25 separate contacts with local, state, regional or national of ficials for the purpose of influencing legislative or administrative action within any two consecutive months. "Total compensation" shall be calculated by combining all compensation received from the City of Milpitas during a month of lobbying activities o n matters at the local, state, regional or national level. "Total number of contacts" shall be calculated by combining all contacts made during a two - month period on behalf of the City of Milpitas for all lobbying activities on matters at the local, state, regional or national level.
289
Item # 19.

Ordinance No. ___
19 (c) Funds of the City of Milpitas shall not be used to support any lobbying efforts to restrict public access to records, information, or meetings, except where such effort is solely for the purpose of protecting the identity and privacy rights of private citizens.

SECTION 3 AMENDMENT OF MILPITAS MUNICIPAL CODE: That section I-310-3.160 (“Lobbyists”) of Chapter 310 (“Open Government Ordinance”), of Title 1 (“Administration”) of the Milpitas Municipal Code is amended to read as follows:

I-310-3.5.190
Deleted by Ordinance #####.

SECTION 4. SEVERABILITY: The provisions of this Ordinance are separable, and the invalidity of any phrase, clause, provision or part shall not affect the validity of the remainder.

SECTIN 5. EFFECTIVE DATE AND POSTING: In accordance with Section 36937 of the Government Code of the State of California, this Ordinance shall take effect thirty (30) days from and after the date of its passage. The City Clerk of the City of Milpitas shall cause this Ordinance or a summary thereof to be published in accordance with Section 36933 of the Government Code of the State of California.

290
Item # 19.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Discuss the Formation of a City Council Ad Hoc Odor Reduction Subcommittee, Appoint the Subcommittee Members, and Provide Direction to Staff on Next Steps (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3053 and Walter C. Rossmann, Deputy City Manager, 408-586-3012)
Category: Leadership and Support Services
Meeting Date: 6/7/2022
Recommendation: Discuss the formation of a City Council Ad Hoc Odor Reduction Subcommittee, appoint the Subcommittee members, and provide direction to staff on next steps.

Background:

Communities in and around Milpitas have experienced air quality and odor issues for many years from various nearby waste handling facilities. These facilities include the Newby Island Resource Recovery Park landfill and associated composting facility, operated by Republic Services (NIRRP); the San Jose-Santa Clara Regional Wastewater Facility, operated by the City of San Jose (RWF); and a dry anaerobic food waste digestion facility, operated by ZeroWaste Energy Development Company (ZWED). There have been improvements to air quality in Milpitas due to Bay Area Air Quality Management District actions with assistance from the community.

However, odors continue to be a concern. Odors have been difficult to attribute to a single facility or process because the different facilities produce many of the same odor-causing compounds.

The South Bay Odor Stakeholder Group (SBOSG) was formed in 2015 to provide a transparent forum to address odors that affect the Milpitas community and discuss enforcement activities, permit and regulatory requirements, and odor mitigation and control measures. Quarterly meetings are attended by community and industry stakeholders; Air District staff; staff from the offices of Congressman Ro Khanna, Senator Bob Wieckowski and Assemblymember Alex Lee; and staff representing the Cities of Fremont, Milpitas and San Jose. The SBOSG identified the need for an independent odor study to better understand the contribution of different odor sources on the Milpitas community.

On April 19, 2022, staff presented a report on the Community Odor Monitoring Pilot Program Results and during the May 17, 2022 City Council Meeting from the Bay Area Air Quality Management District (BAAQMD) staff on the results of the South Bay Odor Attribution Study. After the discussion, Council, by consensus, directed staff to agendize the formation of a City Council Ad Hoc Odor Reduction Subcommittee at the next City Council meeting.

On January 22, 2022, the City Council approved the City Council Policies and Procedures Handbook (Handbook). Chapter II, Section D.10 titled “City Council Subcommittees” states in part that “Subcommittees assist the Council by studying an issue and preparing policy alternatives and implications for Council deliberation.” Further, “Council subcommittees may not speak or act for the Council, and the subcommittee members should be regularly reporting out their work to the City Council through a scheduled agenda item.” Lastly, “Subcommittees shall obtain City Council concurrence before they proceed in any direction different from the original instructions of the City Council. In addition, Subcommittees should not implement policy, provide direction that would result in incurring additional expenses or provide direction to staff to take any actions that are not consistent with existing City Council direction without first obtaining City Council approval for such actions.”
291
Item # 20.

Analysis:

Based on Council discussion at the May 17, 2022 City Council meeting, and consistent with the Handbook, staff is proposing the following for Council consideration as part of discussing the formation of an Ad Hoc Subcommittee. The Handbook states in part that “Ad hoc subcommittees have limited subject matter jurisdiction and are usually formed primarily to study a particular topic or immediate issue, and once their task is complete, the ad hoc subcommittee will automatically terminate.” In contrast, “Standing subcommittees have continuous subject matter jurisdiction and will continue to exist until the City Council terminates their existence through formal action.”

Name of the Ad Hoc Subcommittee:

Ad Hoc Odor Reduction Subcommittee

Ad Hoc Subcommittee Members:

To be appointed by the Council

Meeting Frequency:

As needed, but no more than monthly.

Ad Hoc Subcommittee Role and Scope:

Engage and work with Republic Services, the operator of the Newby Island Resource Recovery Park landfill to reduce odor from the landfill as identified in the BAAQMD study.

Fiscal Impact:

Adding an additional publicly noticed meeting for every Ad Hoc Subcommittee meeting will result in additional staff time and may require re-prioritizing of other workload.

California Environmental Quality Act:

By the definition provided in the California Environmental Quality Act (CEQA) Guidelines Section 15378, this action does not qualify as a “project” for the purpose of CEQA.

Recommendation(s):

Discuss the formation of a City Council Ad Hoc Odor Reduction Subcommittee, appoint the Subcommittee members, and provide direction to staff on next steps.

Attachment:

1. Resident email, dated May 25, 2022
292
Item # 20.

From: Walter C. Rossmann
To: Evelyn Chua; Yashwanth Konduri
Cc: Ashwini Kantak; Steven McHarris; Rachelle Currie
Subject: RE: Milpitas smell issue
Date: Tuesday, May 31, 2022 15:46:09
Attachments: image001.png
image002.png
image003.png
image004.png
Good Afternoon Ms. Konduri,

Thank you for your suggestions.

During the June 7, 2022 City Council meeting, the Council is scheduled to consider forming the Odor Reduction Subcommittee. We will include your email as part of the staff report for Council consideration.

Walter

Walter C. Rossmann
Deputy City Manager
Phone (408) 586-3012 Fax (408) 586-3056
Email [email protected]
1265 N. Milpitas Blvd., Milpitas CA 95035
www.ci.milpitas.ca.gov

From: Evelyn Chua <[email protected]>
Sent: Friday, May 27, 2022 5:09 PM
To: Yashwanth Konduri <[email protected]>
Cc: Ashwini Kantak <[email protected]>; Walter C. Rossmann <[email protected]>; Steven McHarris <[email protected]>
Subject: Re: Milpitas smell issue

Hello Yashwanth,

Thank you so much for the email.

I’ve cced our City Executive Team on your request.

Warm regards,
Councilmember Chua

293
Item # 20.

Sent from my iPad
On May 25, 2022, at 10:49 AM, Yashwanth Konduri <[email protected]> wrote:

CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links.

Hi,

I have been a Milpitas resident since 2020. I have faced the milpitas smell issue near my house a lot of times in the last 2 years and have been raising an air pollution complaint request most of the time. This is a big health safety issue. Please see some of my suggestions below

1. Subcommittee should include community members from impacted neighborhoods

2. City should request facility operator to install odor monitors at the fence line, such that the subcommittee can track progress, hold operator accountable to timely response, and allow BAAQMD to enhance its enforcement action

3. City should request county public health to analyze long term health impacts of the measured compounds

4. City should NOT consider awarding contracts to the polluters until odor impact on the community is eliminated.

Thanks,
Yashwanth Konduri,
Milpitas resident, Crater Lake Ave
294
Item # 20.

SPECIAL MEETING OF THE

MILPITAS CITY COUNCIL

June 07, 2022 Milpitas City Council Agenda Page 1

AG E N D A
TUESDAY, JUNE 7, 2022
CITY COUNCIL CHAMBERS, 455 E CALAVERAS BLVD, MILPITAS, CA 5:30 PM (CLOSED SESSION)

OPEN SESSION IMMEDIATELY FOLLOWING CLOSED SESSION
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

CITY OF MILPITAS - NOTICE OF SPECIAL MEETING

NOTICE IS HEREBY GIVEN that a Special Meeting of the Milpitas City Council will be held at 5:30 p.m. on June 7, 2022, in the City Council Chamber at City Hall, 455 E. Calaveras Blvd., Milpitas and via teleconference/Zoom webinar.

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 by first registering for the zoom meeting in advance by providing email address (not disclosed) and a name. To minimize technical difficulties, please make sure that you have the latest version of Zoom Meetings. Here is the link to register for this meeting only:
https://ci-milpitas-ca-gov.zoom.us/webinar/register/WN_NxXQb2G-Sd-z2Ruv0GyZNQ

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 or staff 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. online written comment form previously used is no longer available for public comment.

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.

June 07, 2022 Milpitas City Council Agenda Page 2

CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk

PLEDGE OF ALLEGIANCE

ADJOURN TO CLOSED SESSION
(a) CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency designated representative: Jeannine Seher, Human Resources Director Bargaining Units: LIUNA, UPEC (Mid-Con, Pro-Tech, MEA)

CLOSED SESSION ANNOUNCEMENT:

Report on action taken in Closed Session, if required per Government Code Section 54957.1, including the vote or abstention of each member present.

PUBLIC FORUM
Those interested are invited to address the City Council on the agenda item listed below only, by using the “raise hand” in the zoom webinar online (see instructions on page 1). Speakers may state their name and city of residence for the record, and limit spoken remarks to three minutes, or less, at the discretion of the Mayor.

ANNOUNCEMENT OF CONFLICT OF INTEREST

READING OF THE CITY COUNCIL CODE OF CONDUCT

APPROVAL OF AGENDA

AGENDA ITEMS

1. 2023-2031 Housing Element Update (Staff Contact: Sharon Goei, Building Safety and Housing Director, 408-586-3260, and Hanson Hom, Senior Special Projects Associate) Recommendation: (1) Receive a presentation on the 2023-2031 Housing Element; (2) Receive public comments; and (3) Provide feedback and direction on Housing Element components.

ADJOURNMENT (6:50PM)

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.ci.milpitas.ca.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.ci.milpitas.ca.gov/government/council/agenda_minutes.asp (select meeting date)

June 07, 2022 Milpitas City Council Agenda Page 3

APPLY TO SERVE ON A CITY COMMISSION
Commission application forms are available online at www.ci.milpitas.ca.gov or at Milpitas City Hall.

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.

SPECIAL MEETING OF THE

MILPITAS CITY COUNCIL

June 07, 2022 Milpitas City Council Agenda Page 1

AG E N D A
TUESDAY, JUNE 7, 2022
CITY COUNCIL CHAMBERS, 455 E CALAVERAS BLVD, MILPITAS, CA 5:30 PM (CLOSED SESSION)

OPEN SESSION IMMEDIATELY FOLLOWING CLOSED SESSION
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

CITY OF MILPITAS - NOTICE OF SPECIAL MEETING

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

1 June 07, 2022 Milpitas City Council Agenda Page 2

CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk

PLEDGE OF ALLEGIANCE

CLOSED SESSION ANNOUNCEMENT:

Report on action taken in Closed Session, if required per Government Code Section 54957.1, including the vote or abstention of each member present.

ANNOUNCEMENT OF CONFLICT OF INTEREST

READING OF THE CITY COUNCIL CODE OF CONDUCT

APPROVAL OF AGENDA

AGENDA ITEMS

ADJOURNMENT (6:50PM)

2 June 07, 2022 Milpitas City Council Agenda Page 3

APPLY TO SERVE ON A CITY COMMISSION
Commission application forms are available online at www.ci.milpitas.ca.gov or at Milpitas City Hall.

Contact the City Clerk’s Office at 408-586-3001 for more information.

AGENDA REPORT
(AR)

Item Title: 2023-2031 Housing Element Update (Staff Contact: Sharon Goei, Building Safety and Housing Director, 408-586-3260, and Hanson Hom, Senior Special Projects Associate)
Category: Community Development

Meeting Date: 6/7/2022
Recommendation: (1) Receive a presentation on the 2023-2031 Housing Element; (2) Receive public comments; and (3) Provide feedback and direction on Housing Element components.

Background:

The City of Milpitas is currently working on the 6th Cycle Housing Element update which covers an eight-year planning period of 2023 to 2031. The Housing Element is one of eight State-mandated General Plan elements and is the only General Plan element subject to mandatory review by a State agency – the California Department of Housing and Community Development (HCD). The purpose of the Housing Element is to analyze the housing needs of a community’s current and future residents across various income categories; create, update, and guide housing policy in the City; and identify locations to accommodate the City’s Regional Housing Needs Allocation (RHNA) goals.

The Housing Element update process began in December 2021 and has concluded the first phase of community engagement and technical background review. Staff and the consultant team will present findings from the analysis and outreach thus far and gather comments and direction from the City Council before embarking onto the second phase of engagement and drafting of housing goals and policies.

Concurrently, the City is also identifying “disadvantaged communities” and developing environmental justice policies for inclusion in the City’s General Plan, consistent with Senate Bill 1000, the Environmental Justice Act. Staff and the consultant team will present background on SB 1000 and the analysis for Milpitas.

At the Council session on June 7, 2022, the staff presentation will include an overview of the housing needs assessment, constraints analysis, sites inventory methodology, along with the timeline and next steps of the Housing Element update process, and environmental justice analysis. The presentation will conclude with discussion questions to solicit feedback from the City Council on Milpitas’s housing needs, constraints, and the residential sites inventory.

Analysis:

For over 50 years, California has required that all local governments adequately plan to meet the housing needs of everyone in the community. Cities meet this requirement by adopting housing plans (housing elements) as part of their General Plan. In order for the private market to meet the housing needs and demand of residents, the State recognizes that communities must adopt plans and regulatory systems that provide opportunities for and do not constrain housing development.

The City’s Housing Element update will guide housing development and policy from 2023 through 2031. The Housing Element will include the following components:

 Housing Needs Assessment reflective of the City’s demographic, economic, and housing characteristics
 Constraints Analysis to remove barriers to the production and preservation of housing 4 Item # 1.

 Sites Inventory with a list of potential sites that could accommodate future housing to meet the City’s Regional Housing Needs Allocation (RHNA)
 Review of existing housing programs and their progress and develop new programs to promote housing production, preserve affordable housing, and support renters, among others  Community Outreach and Engagement with a particular focus on key stakeholders and traditionally underrepresented groups
 Fair Housing Assessment to ensure fair housing and opportunity for residents

Key issues for Council consideration and feedback include the following:

 Consideration of specific housing needs in Milpitas, including for seniors, people with disabilities, and the unhoused population, among other special needs populations  Consideration of governmental constraints to housing production related to land use and zoning, provision of a variety of housing types, and development processes and timelines, including opportunities to remove those constraints
 Consideration of the Housing Sites Inventory methodology and recommendations for other sites or locations for housing

The presentation and discussion will provide an opportunity for Council and the public to see and discuss findings from the background review, community outreach, and preliminary sites inventory.

Fiscal Impact:

This item has no fiscal impact as it is an informational item.

California Environmental Quality Act:

This report represents ongoing work on the Milpitas Housing Element. An Environmental Impact Report Addendum will be prepared for consideration with Housing Element adoption.

Recommendation:

1. Receive a presentation on the 2023-2031 Housing Element.

2. Receive public comments.

3. Provide feedback and direction on Housing Element components.

5 Item # 1.

SPECIAL MEETING OF THE

MILPITAS CITY COUNCIL

June 07, 2022 Milpitas City Council Agenda Page 1

MI N UT E S
TUESDAY, JUNE 7, 2022
CITY COUNCIL CHAMBERS, 455 E CALAVERAS BLVD, MILPITAS, CA 5:30 PM (CLOSED SESSION)

OPEN SESSION IMMEDIATELY FOLLOWING CLOSED SESSION

The City Council of the City of Milpitas convened for a Special City Council meeting on June 7, 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.

CLOSED SESSION ANNOUNCEMENT:

Report on action taken in Closed Session, if required per Government Code Section 54957.1, including the vote or abstention of each member present.

City Attorney Mutalipassi reported out that Council unanimously gave direction to Staff.

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. 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

June 07, 2022 Milpitas City Council Agenda Page 2

Mayor Tran read the Code of Conduct.

APPROVAL OF AGENDA
Motion: to approve the June 7, 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

AGENDA ITEMS

1. 2023-2031 Housing Element Update (Staff Contact: Sharon Goei, Building Safety and Housing Director, 408-586-3260, and Hanson Hom, Senior Special Projects Associate) Building Safety and Housing Director Goei introduced the item and consultants Eric Yurkovich and Veronica Tam from Rami and Associates presented the Housing Element Update.

Council receive a presentation on the 2023-2031 Housing Element and provided the following feedback:

Mayor Tran commented on having a higher level of affordability and opportunity for redevelopment by the BART station and light rail.

Councilmember Phan requested using the funding and resources with a Pro Housing Designation as designated by the Department of Housing and Community Development and commented on key elements to obtain the designation. He reviewed some of the scoring criteria by which to qualify and commented on the following items to receive the Pro Housing Designation: permitting missing middle housing uses, eliminating or reducing parking requirements, accelerating production timeframes, documented process of streamlining housing development, priority permitting process for ADUs (Accessory Dwelling Units), multifamily and affordable housing, reducing the construction and development cost, allowing impact fee waivers, promoting innovative housing types that reduce costs, reducing transportations infrastructure costs, pre-approve or prototype plans for missing middle housing types, providing financial subsidies, local housing trust funds through the Housing Authority, ADU grant and low interest loan programs, land donation through a surplus land program, and enhanced infrastructure financing districts. He also cited partnering with the job feeders in the region to create public private partnerships to try get funding for housing.

Councilmember Dominguez commented on concerns with the inventory of vacant homes and would like staff to research other cities in regard to vacant homes and explore the possibility of charging a fee that could go into the affordable housing fund. She would like to explore a pilot program to link students and seniors to existing extra rooms or ADUs. She would also like to maximize left-over land, being intentional with what plans go in, making sure they have the transit element, and ensure families in Milpitas have a chance to live in those units. She commented on providing opportunities for first time home buyers and exploring school district land to develop educator housing on district properties.

June 07, 2022 Milpitas City Council Agenda Page 3

Councilmember Chua commented on doing a self-evaluation on how the City can expedite the application, inspection, and approval process. She also commented on having a balance between the housing and commercial/industrial.

ADJOURNMENT
Mayor Tran adjourned the special meeting at 7:05 PM.

The foregoing minutes were approved by the Milpitas City Council on June 21, 2022.

_________________________________________
Wendy Wood
City Clerk

Milpitas City CouncilJune 7, 2022

Milpitas City Council
June 7, 2022