REGULAR MEETING OF THE MILPITAS
CITY COUNCIL
February 21, 2023 Milpitas City Council Agenda Page 1
AGENDA
TUESDAY, FEBRUARY 21, 2023
CITY COUNCIL CHAMBERS, 455 E CALAVERAS BLVD, MILPITAS, CA 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.
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.milpitas.gov/youtube
Web Streaming: https://www.milpitas.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_4hHkJ0peQLiaCka6wHf2lA After you register a link will be sent to you to join the City Council meeting in order to give your comments. All Zoom meeting attendees who wish to speak must click on the “raise hand” icon when the Mayor calls for public comments. If participating via phone, dial *9 to use the “raise hand” feature, and when called to speak, dial *6 to unmute your phone. Your phone number will be displayed in the live meeting. The Mayor will call speakers by name to address the City Council.
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.
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.
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.
February 21, 2023 Milpitas City Council Agenda Page 2
CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk (7:00 PM) PLEDGE OF ALLEGIANCE (Councilmember Phan)
INVOCATION (Councilmember Lien)
PRESENTATIONS (7:05 PM)
• Rare Disease Day (Proclamation)
PUBLIC FORUM (7:10 PM)
Members of the public are invited to speak on any item that does not appear on today’s agenda. Comments will be limited to three minutes or less at the Mayor’s discretion. When called to speak, you are encouraged to state your name for the record.
As an item not listed on the agenda, no action can be taken, however the City Council may instruct the City Manager to place the item on a future meeting agenda.
ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS READING OF THE CITY COUNCIL CODE OF CONDUCT (Councilmember Phan)
APPROVAL OF AGENDA
CONSENT CALENDAR (7:15 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.
C1. Receive City Council Calendar of Meetings for February and March 2023 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive City Council Calendar of Meetings for February and March 2023.
C2. Approve City Council City Council Regular Meeting Minutes of February 7, 2023, and Special Meeting Minutes of February 2, 2023 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001) Recommendation: Approve City Council Regular Meeting minutes of February 7, 2023, and Special Meeting Minutes of February 2, 2023.
C3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Suzanne Guzzetta, 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 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
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. Accept Commissioner Resignation (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001) Recommendation: Accept the resignation of Karen Adams from the Senior Advisory Commission and direct the City Clerk to post the notice of unscheduled vacancy.
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C6. Approve Proposed Edits to the City Council Procedures and Protocols Handbook (Staff Contact: Michael Mutalipassi, City Attorney, 408-586-3041) Recommendation: Approve proposed edits to the City Council Procedures and Protocols Handbook.
C7. Authorize City Manager’s Response Letter to the December 14, 2022 Santa Clara County Civil Grand Jury Final Report “Show Me the Money: Financial Transparency Needed” (Staff Contact:
Lauren Lai, Finance Director, 408-586-3111; and Michael Mutalipassi, City Attorney, 408-586- 3040)
Recommendation: Authorize the City Manager to send a letter in response to the December 14, 2022 Santa Clara County Civil Grand Jury Final Report “Show Me the Money: Financial Transparency Needed” pursuant to Penal Code Section 933.
C8. Adopt a Resolution Approving a Site Development Permit to Develop a New Two-story, Single- family Residence with an Attached Accessory Dwelling Unit, an In-Ground Swimming Pool/Spa, and Associated Site Improvements on a Vacant 4.29-acre Lot Located in the R1-H Single-family Residential Zoning District with a Hillside Combining District at 531 Vista Ridge Drive (Staff Contact: Ned Thomas, Planning Director, 408-586-3273)
Recommendation: Consider the exemption in accordance with CEQA and adopt a resolution approving Site Development Permit No. SD22-0001, subject to the attached conditions of approval.
C9. Authorize the City Manager to execute the Non-Exclusive License Agreement between the City of Milpitas and Crown Castle Fiber LLC, a New York Limited Liability Company, for the installation of Small Cell Facilities on Municipal Facilities (Staff Contact: Roberto Alonzo, Principal Civil Engineer, 408-586-3316)
Recommendation: Authorize the City Manager to execute the Non-Exclusive License Agreement between the City of Milpitas and Crown Castle Fiber LLC, a New York Limited Liability Company, for the installation of Small Cell Facilities on Municipal Facilities and find a CEQA exemption.
C10. Adopt a Resolution Granting Acceptance of Alviso Adobe Renovation. (Phase V – Exhibits), Project No. 5055, Authorizing the City Engineer or Other Appropriate Representative Designated by the City Manager to File a Notice of Completion, and Authorize the City Engineer or Other Appropriate Representative Designated by the City Manager to Issue a Notice of Final Acceptance after the One-Year Warranty (Staff Contact: Michael Silveira, Capital Improvement Program Manager, 408-586-3303)
Recommendation: Adopt a resolution granting acceptance of Alviso Adobe Renovation (Phase V – Exhibits), Project No. 5055; authorizing the City Engineer or other appropriate representative designated by the City Manager to file a Notice of Completion, and authorizing the City Engineer or other appropriate representative designated by the City Manager to issue a Notice of Final Acceptance after the one-year warranty.
C11. FY 2022-23 2nd Quarter Financial Status Report for the Quarter Ended December 31, 2022 (Staff Contact: Lauren Lai, Finance Director, 408-586-3111)
Recommendation: Review the FY 2022-23 Quarterly Financial Status Report for the quarter ended December 31, 2022.
PUBLIC HEARINGS ( 7:20 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
February 21, 2023 Milpitas City Council Agenda Page 4
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.
12. Conduct a Public Hearing and Introduce an Ordinance Amending Title III “Business and Professions” of the Milpitas Municipal Code to add Chapter 9 “Permits for Retailers of Tobacco Products” (Staff Contact: Ned Thomas, Planning Director, 408-586-3273) Recommendation: Continue to Regular Meeting of March 7, 2023.
LEADERSHIP AND SUPPORT SERVICES (7:25 PM)
13. Review Fiscal Year 2022-23 Mid-Year Report, Approve FY2022-23 Mid-year Budget Amendments, Adopt a Resolution Amending Resolution No. 1626, the Classification Plan, to Reclassify Positions, Approve and Adopt the Pay Schedule titled “New Job Classifications/Salary Table (Staff Contact: Lauren Lai, Finance Director, 408-586-3111) Recommendation: (1) Review the FY 2022-23 Mid-Year Report; (2) Approve FY 2022-23 Mid-Year Budget Amendments; and (3) Adopt a resolution amending Resolution No. 1626, the Classification Plan, to reclassify positions, approve and adopt the pay schedule titled “New Job Classifications/Salary Table”, and amend budgeted allocated positions.
14. Receive Report on the American Rescue Plan Act (ARPA) Investment Plan and Provide Direction on Changes, if Any (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586- 3053; and Lauren Lai, Finance Director, 408-586-3111)
Recommendation: Receive report on the American Rescue Plan Act (ARPA) Investment Plan and provide direction on changes, if any.
ANNOUNCEMENTS AND FUTURE AGENDA ITEMS ( 9:00 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. 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 whether to move the item forward. If a majority of the City Council agrees to move the item forward, the City Manager shall place the item on a future agenda.
ADJOURNMENT (9:05 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.
Contact the City Clerk’s Office at 408-586-3001 for more information.
February 21, 2023 Milpitas City Council Agenda Page 5
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.