MILPI
REGULAR MEETING OF THE MILPITAS
CITY COUNCIL
CALIFORNIA MINUTES
JANUARY 20, 1854
TUESDAY, APRIL 4, 2023
webinar.
CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk Mayor Montano called the Regular City Council meeting to order at 5:30 PM. Roll Call was taken by City Clerk Guzzetta.
PRESENT: Mayor Montano, Vice Mayor Chua, Councilmembers Lien and Phan.
ABSENT: Councilmember Barbadillo (5:35 pm).
City Attorney Mutalipassi announced that Councilmember Phan was requesting to participate remotely according to the just case provision of AB2449. The City Council had no comments.
Motion/Second: Vice Mayor Chua / Councilmember Lien
AYES: Councilmembers Barbadillo, Lien, Vice Mayor Chua, and Mayor Montano The City Council authorized Councilmember Phan's remote appearance pursuant to the emergency circumstances provision of AB2449.
City Attorney Mutalipassi announced the closed session items.
The City Council adjourned to Closed Session at 5:37 PM. Councilmember Phan arrived onsite at 5:45 pm and concluded his AB2449 virtual participation.
ADJOURN TO CLOSED SESSION
(a) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d) (2) Facts and circumstances related to the expiration of a contract to which the City is a party City as Defendant
(b) CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency designated representative: Nick Raisch, Human Resources Director Bargaining unit: LIUNA, UPEC (Pro-Tech, MEA)
The City Council reconvened in open session at 7:25 PM
CLOSED SESSION ANNOUNCEMENT:
City Attorney Mutalipassi stated there was nothing to report out.
April 4, 2023 Milpitas City Council Minutes Page 1
PLEDGE OF ALLEGIANCE
Councilmember Lien led the Pledge of Allegiance.
INVOCATION
Vice Mayor Chua provided the invocation.
PRESENTATIONS
Mayor Montano and City Councilmembers presented a proclamation in recognition of Vietnamese American Heritage Month. Ha Phan offered comments and accepted the proclamation.
Mayor Montano presented a proclamation in recognition of National Public Safety Telecommunications Week.
Police Chief Hernandez and Communications Dispatch Supervisor Lena Sillas accepted the proclamation.
Mayor Montano presented a proclamation in recognition of Fair Housing Month. Joshua Anh from Project Sentinel accepted the proclamation and provided remarks.
PUBLIC FORUM
There were the following public speakers:
1. Rob Means
2. Karina Dominguez
3. Osborn Way
4. Natasha Tiwari
5. Hanah Edwin
6. Roman Silivra
7. Huy Pham
8. Isaac Jones
9. Arjun Pai
10. Voltaire Montemayor
ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS City Attorney Mutalipassi asked the Mayor and City Councilmembers if they had any personal conflicts of interest. By roll call, there were no conflicts of interest (Councilmember Lien was absent). 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
Vice Mayor Chua read the Code of Conduct.
APPROVAL OF AGENDA
Motion: to approve the April 4, 2023 Regular Meeting Agenda.
Motion/Second: Vice Mayor Chua / Councilmember Lien
Motion carried by the following:
Councilmembers Barbadillo, Lien, Phan, Vice Mayor Chua, and Mayor Montano NOES: None.
April 4, 2023 Militas City Council Minutes Page 2
CONSENT CALENDAR
Motion: to approve the Consent Calendar, pulling Items C6, C13, and C14, and C16, Motion/Second: Councilmember Lien / Councilmember Phan
Motion carried by the following:
AYES: Councilmembers Barbadillo, Lien, Phan, Vice Mayor Chua, and Mayor Montano NOES: None
C1. Receive City Council Calendar of Meetings for April 2023 Received City Council Calendar of Meetings for April 2023.
C2. Approve City Council City Council Regular Meeting Minutes of March 21, 2023 Approved City Council Regular Meeting minutes of March 21, 2023.
C3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting Received 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 Reviewed the list of items that have been requested by City Councilmembers and provided direction to staff as necessary.
C5. Consider Recommendation for Removal of Commissioner Approved the removal of Kenneth Truong from the Student - CHHS Student seat on the Arts Commission and directed the City Clerk to post the notice of unscheduled vacancy.
C6. Approve and Authorize City Manager to Execute Three-Year Agreement with the City of San Jose for Animal Control Services
Item pulled from Consent Calendar.
C7. Adopt a Resolution to Approve Project Plans and Specifications, Award Construction Contract to DeSilva Gates Construction for Street Resurfacing Project No. 4283, 4303, 4304; and Approve Budget Change Form
Postponed indefinitely.
C8. Adopt a Resolution Releasing Unclaimed Checks with a Value less than $15 in the Aggregate Amount of $655.27
Adopted Resolution No. 9229 releasing unclaimed checks with a value less than $15 and transfer a total of $655.27 in unclaimed checks to the General Fund.
C9. Approve an Amendment to the Professional Services Agreement with WeHOPE for Mobile Shower and Laundry Services to Add Additional Funding in the Amount of $10,000.00, with a Total Not to Exceed Contract Amount of $96,552.00
Approved an amendment to the professional services agreement with WeHOPE for Mobile Shower and Laundry Services to add additional funding in the amount of $10,000.00, with a total not to exceed contract amount of $96,552.00.
April 4, 2023 Militas City Council Minutes Page 3
C10. Receive the 2022 General Plan Annual Progress Report and Authorize Submittal of the Report to the Governor's Office of Planning and Research (OP)
Received the 2022 General Plan Annual Progress Report and authorize the submittal of the report to the Governor's Office of Planning and Research (OPR).
C11. Accept the FY 2023 Citizens' Option for Public Safety (COPS) Grant in the Amount of $124,855.00 for Front-Line Law Enforcement Services and Approve the Appropriation of Funds in the Total Amount of $124,855.00 to the Police Department's FY2022-23 Operating Budget for Front-Line Law Enforcement Services
Accepted the FY 2023 Citizens' Option for Public Safety (COPS) Grant in the amount of $124,855.00 for front-line law enforcement services and approve the appropriation of funds in the total amount of $124,855.00 to the Police Department's FY2022-23 Operating Budget for front-line law enforcement services.
C12. Accept Additional FY 2022 Citizens' Option for Public Safety (COPS) Grant in the Amount of $75,657.69 for Front-Line Law Enforcement Services to be spent in alignment with the City Council Approved FY 2022 Spending Plan; and Approve the Appropriation of Funds in the Total Amount of $75,657.69 to the Police Department's FY2022-23 Operating Budget for Front-Line Law Enforcement Services
Accepted additional FY 2022 Citizens' Option for Public Safety (COPS) Grant in the amount of $75,657.69 for Front-Line Law Enforcement Services; and Approve the appropriation of funds in the total amount of $75,657.69 to the Police Department's FY2022-23 Operating Budget for Front-Line Law Enforcement Services.
C13. Waive the Second Reading and Adopt Ordinance No. 120.50 to Amend Chapter 1 of Title VIll of the Milpitas Municipal Code Relating to Water Service Charges Item pulled from Consent Calendar.
C14. Waive the Second Reading and Adopt Ordinance No. 208.55 to Amend Chapter 2 of Title VIll of the Milpitas Municipal Code Relating to Sewer Service Charges Item pulled from Consent Calendar.
C15. Consider Two Fee Waiver Requests and One Donation Request from the Christian Worship Center, FAREPA, and Milpitas High School Aerotech Club
(1) Approved a fee waiver of $1,500.00 for the Christian Worship Center's Annual Community Easter Egg Hunt at Gill Park on Sunday, April 8, 2023;
(2) Approved a fee waiver of $830.00 for FAREPA Silicon Valley, Inc. for their ADU Workshop at the Milpitas Community Center on May 13, 2023; and
(3) Approved a donation of $500.00 to the Milpitas Unified School District's Milpitas High School Aerotech Club to participate in the American Rocketry Competition on May 20, 2023.
C16. Approve the addition of Names to City Naming Lists and Name a New City Park the Delano Manongs Park
Item pulled from Consent Calendar.
April 4, 2023 Milpitas City Council Minutes Page 4
PUBLIC HEARINGS
17. Adopt a Resolution Approving a Site Development Permit, Conditional Use Permit, Vesting Tentative Map, Density Bonus Permit, Tree Removal Permit, and Environmental Assessment to Allow the Development of 57 Townhome Condominiums and Associated Site Improvements on an Approximately 2.35-Acre Site Located in the Mixed-Use (MXD) Zoning District at 612 South Main Street (APNs 086-25-027, 028) Located within the Midtown Specific Plan Area and Submitted Under California Senate Bill 330 (Housing Crisis Act of 2019) Adopted Resolution No. 9230 to approve Site Development Permit No. SD22-0007, Conditional Use Permit No. UP22-0003, Vesting Tentative Map No. MT22-0003, Density Bonus Permit No. DB22-0002, Tree Removal Permit No. TR22-0014, and Environmental Assessment No. EA22-0005, subject to the Conditions of Approval.
Planning Director Thomas introduced the item. Associate Planner Phung presented the report. The applicant, True Life Companies, represented by Leah Beniston, presented additional information and, and joined by staff, responded to questions from the City Council.
Mayor Montano opened the public hearing.
There were the following public speakers:
1. Nita Itchhaporia
2. Hasu Shah
3. Nitin Shah
4. Mittal Kothari
5. Voltaire Montemayor
6. Yogesh Bapna
7. Kirit Bavishi
8. Albert Lustre
Mayor Montano closed the public hearing.
After discussion, motion: to adopt Resolution No. 9230 to approve Site Development Permit No.
SD22-0007, Conditional Use Permit No. UP22-0003, Vesting Tentative Map No. MT22-0003, Density Bonus Permit No. DB22-0002, Tree Removal Permit No. TR22-0014, and Environmental Assessment No. EA22-0005, subject to the Conditions of Approval
Vice Mayor Chua asked staff to look into trees on both sides of the street.
Motion/Second: Councilmember Lien / Councilmember Phan
Motion carried by the following:
AYES: Councilmembers Lien and Phan, Vice Mayor Chua, and Mayor Montano NOES: Councilmember Barbadillo
18. 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"
Tabled the discussion to a future meeting.
April 4, 2023 Militas City Council Minutes Page 5
COMMUNITY DEVELOPMENT
19. Receive Housing Report and Presentation
Economic Development Director Andrade Housing and Neighborhood Services Administrator Musallam presented the report.
There were the following public speakers:
1. Voltaire Montemayor
2. Allysson McDonald
Economic Development Director Andrade and Assistant City Manager Kantak responded to questions from the City Council.
The City Council received the report and presentation.
PUBLIC SAFETY
20. Receive Calendar Year 2022 Controlled Equipment Annual Report, Take Public Comment and Questions for the Purpose of Community Engagement, and Approve Proposed Acquisitions for Calendar Year 2023
Police Chief Hernandez introduced the item and Assistant Police Chief Morales presented the report.
There were the following public speakers:
1. Voltaire Montemayor
Assistant Police Chief Morales responded to questions from the City Council.
After discussion, motion: to receive Calendar Year 2022 Controlled Equipment Annual Report and approve proposed acquisitions for Calendar Year 2023.
Motion/Second: Councilmember Phan / Councilmember Lien
Motion carried by the following:
AYES: Councilmembers Barbadillo, Lien, Phan, Vice Mayor Chua, Mayor Montano NOES: None
ITEMS PULLED FROM THE CONSENT CALENDAR
Сб. Approve and Authorize City Manager to Execute Three-Year Agreement with the City of San Jose for Animal Control Services (Staff Contact: Bill Tott, Building Official, 408 586-3263) Building Official Tott responded to questions from the City Council.
There were the following public speakers:
1. Voltaire Montemayor
After discussion, motion: to approve and authorize the City Manager to execute a three-year service contract agreement with the City of San Jose for Animal Services in the amount of $1,655,696.64 for fiscal years 2023-2026 with two additional three-year options.
Motion/Second: Councilmember Lien / Vice Mayor Chua
Motion carried by the following:
AYES: Councilmembers Barbadillo, Lien, Phan, Vice Mayor Chua, Mayor Montano NOES: None
April 4, 202 Milpitas City Council Minutes Page 6
C13. Waive the Second Reading and Adopt Ordinance No. 120.50 to Amend Chapter 1 of Title VIlI of the Militas Municipal Code Relating to Water Service Charges C14. Waive the Second Reading and Adopt Ordinance No. 208.55 to Amend Chapter 2 of Title VIII of the Militas Municipal Code Relating to Sewer Service Charges Vice Mayor Chua made a motion: to defer Items C13 and C14 to the next meeting.
Motion/Second: Vice Mayor Chua / Councilmember Barbadillo Motion carried by the following:
AYES: Councilmembers Barbadillo, Lien, Phan, Vice Mayor Chua, Mayor Montano NOES: None
C16. Approve the addition of Names to City Naming Lists and Name a New City Park the Delano Manongs Park
Councilmember Phan made a motion: to defer Item C16 and adjourn the meeting.
Motion/Second: Councilmember Phan / Vice Mayor Chua
Motion carried by the following:
AYES: Councilmembers Barbadillo, Lien, Phan, Vice Mayor Chua, Mayor Montano NOES: None
ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
The item was not heard.
ADJOURNMENT
Mayor Montano adjourned the meeting at 10:44 pm
The foregoing minutes were approved by the Milpitas City Council on April 18, 2023.
Suzanne Guzzetta
Milpitas City Clerk
April 4, 2023 Milpitas City Council Minutes Page 7