Agenda packet — Milpitas City Council, May 16, 2023 (part 1 of 2)

REGULAR MEETING OF THE MILPITAS

CITY COUNCIL

May 16, 2023 Milpitas City Council Agenda Page 1

AG E N D A
TUESDAY, MAY 16, 2023
CITY COUNCIL CHAMBERS, 455 E CALAVERAS BLVD, MILPITAS, CA 6:00 PM (CLOSED SESSION)
7:00 PM (PUBLIC BUSINESS)

For assistance in the following languages, you may call:

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

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_KlZP29aHRK-XUqLY1ZHxqg 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 C ouncil 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. 1 May 16, 2023 Milpitas City Council Agenda Page 2

CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk (6:00 PM)

ADJOURN TO CLOSED SESSION
(a) CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency designated representative: Nick Raisch, Human Resources Director Bargaining unit: LIUNA, UPEC (Pro-Tech, MEA, MidCon), IAFF, MPOA (b) CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(d)(1)
City as Defendant
Hanhong Chen, et al. v. City of Milpitas, et al., Santa Clara Superior Court case number 22CV393670 (c) PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to California Government Code Section 54957
Position: City Attorney
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.

PLEDGE OF ALLEGIANCE
INVOCATION (Mayor Montano)
PRESENTATIONS (7:05 PM)
 Asian Pacific American Heritage Month (Proclamation)
 Public Works Week (Proclamation)
 Certificates for Earth Day and Library and Education Advisory Commission Essay Winners  Certificates for Milpitas High School students: Sydney Moon and Sukhad Mutakar PUBLIC FORUM (7:15 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

APPROVAL OF AGENDA
CONSENT CALENDAR (7:20 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 May and June 2023 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive City Council Calendar of Meetings for May and June 2023. 2 May 16, 2023 Milpitas City Council Agenda Page 3

C2. Approve City Council City Council Meeting Minutes of April 25 and May 2, 2023 (Staff Contact:

Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Approve City Council Special Meeting minutes of April 25, 2023 and Regular Meeting minutes of May 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. Consider the Recommendation from Mayor Montano for Appointments to City Commissions and Declare an Unscheduled Vacancy (Contact: Mayor Montano, 408-586-3024) Recommendation: (1) Receive the recommendation from Mayor Montano and approve appointments to City Commissions; and (2) Declare an unscheduled vacancy on the Senior Advisory Commission and direct the City Clerk to post the notice of unscheduled vacancy.

C6. Authorize and Approve Out-of-State Travel to Columbus, OH, for Mayor Carmen Montano to Attend the United States Conference of Mayors to be Held on June 2 – 5, 2023, for a Combined Total Estimated Amount of $3,500.00 (Staff Contact: Ashwini Kantak, Acting City Manager, 408- 586-3053)
Recommendation: Authorize and approve out-of-state travel to Columbus, OH, for Mayor Carmen Montano to attend the United States Conference of Mayors to be held on June 2 – 5, 2023, for a combined total estimated amount of $3,500.00.

C7. Adopt a Resolution Granting Acceptance of Fire Station No. 2 Replacement, Project No. 3447, Authorizing the City Engineer to file a Notice of Completion, and Authorizing the City 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 Fire Station No. 2 Replacement, Project No. 3447, authorizing the City Engineer to file a Notice of Completion, and authorizing the City Engineer to issue a Notice of Final Acceptance after the one-year warranty.

C8. Adopt a Resolution Designating Project No. 4305 Street Resurfacing 2023-2024 to be Funded by SB-1 The Road Repair and Accountability Act of 2017 (Staff Contact: Matt Cano, Deputy City Manager, 408-586-3012)
Recommendation: Adopt a resolution designating Project No. 4305 Street Resurfacing 2023-2024 to be funded by SB-1 the Road Repair and Accountability Act of 2017.

C9. Adopt a Resolution Approving the Annual Engineer’s Report, Adopt a Resolution Declaring the City Council’s Intention to Levy and Collect Assessments, and Provide Notice of Public Hearing to be held on June 20, 2023 for Landscaping and Lighting Maintenance Assessment District No. 3 May 16, 2023 Milpitas City Council Agenda Page 4

95-1 (LLMD 95-1 McCarthy Ranch) (Staff Contact: Roberto Alonzo, Principal Civil Engineer, 408- 586-3316)
Recommendation: Adopt a resolution approving the Annual Engineer’s Report, adopt a resolution declaring the City Council’s intention to levy and collect assessments, and provide notice of public hearing to be held on June 20, 2023, for LLMD 95-1 McCarthy Ranch.

C10. Adopt a Resolution Approving the Annual Engineer’s Report, Adopt a Resolution Declaring the City Council’s Intention to Levy and Collect Assessments, and Provide Notice of the Public Hearing to be held on June 20, 2023, for Landscaping and Lighting Maintenance Assessment District No. 98-1 (LLMD 98-1 Sinclair Horizon) (Staff Contact: Roberto Alonzo, Principal Civil Engineer, 408-586-3316)
Recommendation: Adopt a resolution approving the Annual Engineer’s Report, adopt a resolution declaring the City Council’s intention to levy and collect assessments, and provide notice of the Public Hearing to be held on June 20, 2023, for LLMD 98-1 Sinclair Horizon.

C11. Adopt a Resolution Granting Acceptance of Delano Manongs Park (Formerly Known as McCandless Park), Project No. 2005, 5102, 7076, Authorizing the City Engineer to File a Notice of Completion, and Authorizing the City 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 Delano Manongs Park (formerly known as McCandless Park), Project No. 2005, 5102, 7076, authorizing the City Engineer to file a Notice of Completion, and authorizing the City Engineer to issue a Notice of Final Acceptance after the one-year warranty.

C12. FY 2022-23 3rd Quarter Financial Status Report for the Quarter Ended March 31, 2023 (Staff Contact: Lauren Lai, Finance Director, 408-586-3111)
Recommendation: Review the FY 2022-23 Quarterly Financial Status Report for the quarter ended March 31, 2023.

C13. Adopt a Resolution Approving a Site Development Permit and Amending the Previously Approved Design Standards of an Existing Planned Unit Development (PUD No. 68, Countryside Estates) to Allow Development of a New One-Story Single-Family Residence on a Vacant 1.653- Acre Lot Located in the R1-H Single-Family Residential Zoning District and Hillside Combining District at 1311 Countryside Court (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. SD21-0010 and PUD Amendment Permit No. PA21-0003, subject to the attached Conditions of Approval.

C14. Adopt a Resolution to Terminate the Water Shortage Level 2 Drought Emergency (Staff Contact:

Christian Di Renzo, Public Works Director, 408-586-2602; and Elaine Marshall, Deputy Public Works Director, 408-586-2603)
Recommendation: Adopt a resolution terminating the City’s Level 2 Water Shortage Emergency.

C15. Receive an Update on the Emergency Repairs to the HVAC System and Equipment at City Hall and at the Public Works/Information Technology/Police Department Buildings and Determine that the Condition Continues to Constitute an Emergency (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602)
4 May 16, 2023 Milpitas City Council Agenda Page 5

Recommendation: (1) Receive an update on the emergency repairs to the HVAC system and equipment at City Hall and at the Public Works/Information Technology/Police Department Buildings; and (2) Determine by a four-fifths vote that the condition continues to constitute an emergency.

C16. Approve Parks and Recreation and Community Services Programs Donation for a Memorial Bench in Honor of Dale Flunoy (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409)
Recommendation: Approve the Parks and Recreation Donation for a Memorial Bench for Dale Flunoy.

C17. Approve Amendment No.1 to the Memorandum of Understanding with the MUSD for Expansion of After the Bell for the Extended Learning Opportunities Program (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409) Recommendation: Authorize the Acting City Manager to approve Amendment No.1 to the Memorandum of Understanding with the MUSD for expansion of After the Bell for the Extended Learning Opportunities Program.

C18. Consider One Fee Waiver Request and One Donation Request from Show Up and Love and Contemporary Asian Theatre Scene (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409)
Recommendation: (1) Approve a Fee Waiver of $700.00 for the Show Up & Love 1st Annual Fundraiser Cook off for Love at the Barbara Lee Senior Center Community Room on Sunday, July 16, 2023; and (2) Approve a donation of $500.00 to the Contemporary Asian Theatre Scene to help pay for the cost of renting one theatre from Century Theatres on Tuesday, May 30, 2023.

C19. Adopt a Resolution to Supersede Resolution 9145 to update City Event Celebration Flags and/or other Commemorative Flags at Cesar Chavez Plaza (Staff Contact: Renee Lorentzen, Director of Recreation and Community Services, 408-586-3409)
Recommendation: Adopt a resolution to supersede Resolution No. 9145 updating City Event Celebration Flags and/or other Commemorative Flags at Cesar Chavez Plaza.

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

20. Hear Administrative Appeal of Hearing Officer’s Decision Upholding the Police Chief’s Denial of a Massage Establishment Permit (Staff Contact: Michael Mutalipassi, City Attorney, 408-586- 3041, Christopher Creech, Assistant City Attorney, 408-586-3049) Recommendation: (1) Open a public hearing; (2) Take evidence in accordance with MMC I-20-3.02; and (3) vote to (i) uphold the previous decision, or (ii) reverse and remand the decision for further consideration, or (iii) reverse the decision (without remand) and reach an opposite decision, or (iv) modify the previous decision, or (v) add new or additional conditions to the permit with additional notice, or (vi) continue the matter for further discussion for a meeting no later than 60 days from the date of the close of evidence.

COMMUNITY SERVICES AND SUSTAINABLE INFRASTRUCTURE (8:30 PM)

21. Receive Presentation from Staff on Exploratory Storm Drain System Funding Options (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602) 5 May 16, 2023 Milpitas City Council Agenda Page 6

Recommendation: Receive an informational presentation on the Preliminary Stormwater Funding Options Analysis and provide feedback to staff.

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS (9:30 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 (9:35 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.

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.

6 Milpitas City Council Calendar
May 2023

Sunday Monday Tuesday Wednesday Thursday Friday Saturday

1 7:00 PM-Parks, Recreation & Cultural
Resources Commission (HL)

2 5:30 PM-Closed Session
7:00 PM-City Council

3 2:00 PM-Santa Clara VTA Monthly
Briefing - Northeast Group (CM)
7:00 PM-Community Advisory
Commission (EC)

4 5:30 PM-Santa Clara VTA Board of
Directors (CM)
5:30 PM-Milpitas Chamber of
Commerce Board (GB)

5 6

7 8
4:30 PM-Economic Development and
Trade Commission (CM)

9 5:30 PM-City Council Special
Meeting: Budget Study Session Senior
Center, Room 140/141

10 7:00 PM-Planning Commission
7:00 PM-Silicon Valley Clean Energy
Board of Directors (EC) (Cupertino)

11 11:00 AM-City Council Finance
Subcommittee (CM/EC)
4:00 PM-Santa Clara VTA Policy
Advisory Committee (EC)
5:30 PM-Cities Assoc of SCC
Legislative and City Selection
Committees (CM) (Mountain View)
6:00 PM-Youth Advisory Commission
(HL)
7:00 PM-Cities Assoc of SCC (CM)
(Mountain View)

12 13

14 15
7:00 PM-Special Meeting: Science,
Technology, and Innovation
Commission (GB)
7:00 PM-Library and Education
Commission (EC) (Milpitas Public
Library)

16 6:00 PM-Closed Session
7:00 PM-City Council

17 6:00 PM-Energy and Environmental
Sustainability Commission (EC)

18 4:00 PM-Treatment Plant Advisory
Committee (CM) (San Jose)
6:30 PM-Bay Area Water Supply
Conserv Agency (CM) (Oak Room -
San Mateo Main Library)
7:00 PM-Public Safety and
Emergency Preparedness Commission
(HL)

19 20

21 22
7:00 PM-Arts Commission (EC)

23 Tent: 5:30 PM-City Council Special
Meeting
6:00 PM-Zoning Advisory Group
24 25
1:30 PM-SCC Emergency Operational
Area Council Meeting (CM) (San Jose)
4:00 PM-City/School Collaborative
Subcommittee (CM/EC) (Randall
School)
4:00 PM-Silicon Valley Regional
Interoperability Authority (SVRIA)
(GB) (Santa Clara)
26 27

28 29
9:00 AM-Memorial Day Ceremony,
Civic Center Plaza

City Hall Closed
30 31

*Finance Subcommittee will only meet as needed
April 2023

S M T W T F S
1 2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 June 2023

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

2023 New Mayors Cohort hosted by Mayors Innovation Project, Madison, WI (Mayor Montano) 7 Item # C1.

Milpitas City Council Calendar
June 2023

Sunday Monday Tuesday Wednesday Thursday Friday Saturday

1 5:30 PM-Milpitas Chamber of
Commerce Board (GB)
5:30 PM-Santa Clara VTA Board of
Directors (CM)

2 3

4 5
7:00 PM-Parks, Recreation & Cultural
Resources Commission (HL)

6 6:00 PM-Closed Session
7:00 PM-City Council

7 5:30 PM-Veterans Commission (CM)
7:00 PM-Community Advisory
Commission (EC)

8 4:00 PM-Treatment Plant Advisory
Committee (CM) (San Jose)
4:00 PM-Santa Clara VTA Policy
Advisory Committee (EC)
5:30 PM-Cities Assoc of SCC
Legislative Action Committee (CM)
6:00 PM-Youth Advisory Commission
(HL)
7:00 PM-Cities Assoc of SCC (CM)

9 10

11 12
4:30 PM-Economic Development and
Trade Commission (CM)

13 14
4:00 PM-City Council Transportation
Subcommittee (CM/EC)
7:00 PM-Silicon Valley Clean Energy
Board of Directors (EC) (Cupertino)
7:00 PM-Planning Commission

15 5:30 PM-Measure F Oversight
Committee
6:00 PM-General Plan Advisory
Committee

16 17

18 19
7:00 PM-Science, Technology, and
Innovation Commission (GB)

20 6:00 PM-Closed Session
7:00 PM-City Council

21 6:00 PM-Energy and Environmental
Sustainability Commission (EC)

22 23

24 25

26 27
1:30 PM-Senior Advisory Commission
(CM)

28 5:30 PM-Cities Assoc. of SCC -
Recycling and Waste Reduction
Commission (CM)
7:00 PM-Planning Commission

29 30

*Finance Subcommittee will only meet as needed

July 2023

S M T W T F S
1 2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 31
May 2023

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

8 Item # C1.

SPECIAL MEETING OF THE

MILPITAS CITY COUNCIL

April 25, 2023 Milpitas City Council Minutes Page 1

M I NU TE S
TUESDAY, APRIL 25, 2023

The City Council of the City of Milpitas convened in a Special Meeting of the Milpitas City Council on April 25, 2023, in the Barbara Lee Senior Center, 40 N. Milpitas Blvd, Room 140/141, Milpitas, CA, and via teleconference/ Zoom webinar.

CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk Mayor Montano called the meeting to order at 5:31p.m. Roll Call was taken by City Clerk Guzzetta.

PRESENT: Mayor Montano, Vice Mayor Chua, Councilmembers Barbadillo, Lien and Phan.

ABSENT: Councilmember Barbadillo (5:35 pm).

PLEDGE OF ALLEGIANCE
Vice Mayor Chua led the pledge of allegiance.

PUBLIC FORUM
There were the following public speakers:

1. Mindy Zheng
Councilmember Phan requested to participate remotely pursuant to the AB 2449 emergency circumstances provision due to the birth of his child. Upon a call for the motion by Vice Mayor Chua and seconded by Councilmember Barbadillo, the request was approved unanimously.

Motion/Second: Vice Mayor Chua / Councilmember Barbadillo 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.

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

READING OF THE CITY COUNCIL CODE OF CONDUCT
Councilmember Lien read the City Council Code of Conduct.

APPROVAL OF AGENDA
Motion: to approve the April 25, 2023 Special Meeting Agenda.

Motion/Second: Vice Mayor Chua / Councilmember Barbadillo Motion carried by the following:

AYES: Councilmembers Barbadillo, Lien, Phan, Vice Mayor Chua, and Mayor Montano NOES: None.
9 Item # C2.

April 25, 2023 Milpitas City Council Minutes Page 2

AGENDA ITEMS
Receive Progress Report on the Work Completed and Community Feedback from Ascent Environmental and Staff on the Milpitas Gateway-Main Street Specific Plan, Provide Direction on Land Use, Mobility, and Public Realm Strategies and Alternatives, and Receive a Presentation on Ongoing Main Street Revitalization Efforts (Staff Contact: Ned Thomas, Planning Director, 408-586-3273; Alex Andrade, Economic Development Director, 408-586-3046; and Jay Lee, Principal Planner, 408-586-3077) Assistant City Manager Kantak and Planning Director Thomas provided introductory remarks. Principal Planner Lee presented the report, joined by Ascent Environmental Consultants Christine Barbla and Anh Thai, and BAE Consultant David Shiver.

Mayor Montano voiced concerns with the scope of the presentation covering four areas. She noted that her understanding was to first focus on one area and then the other areas would be phased in, starting with Marilyn to Corning Streets as the historic section that needs revitalization. She asked about the recommended building heights. Planning Director Thomas responded that the General Plan defers to the Specific Plans for the land use in those designated areas. He noted that under current regulations it isn’t enough for developers to invest. Mayor Montano suggested the area just be business instead of mixed use. She emphasized the importance of starting small scale and building from there. Planning Director Thomas responded that areas can be prioritized in the plan. Acting City Manager Kantak added that the City can prioritize implementation but that having the plan in place provides the opportunity to have an infrastructure plan and set impact fees. She noted that it’s important to have plan adopted and in place.

Vice Mayor Chua questioned the timeline and asked if there was a way to reduce the time required to adopt the plan. Acting City Manager Kantak noted that environmental documents take time to be certified. Vice Mayor Chua recommended cutting unnecessary items from the timeline such as workshops that have already been conducted. She asked why the consultant recommended 4-5 stories for buildings in the plan. Consultant Barbla responded that studies show that additional floors increase feasibility. Planning Director Thomas added that it creates potential for developers and that additional height and density provides opportunity to meet City RHNA numbers. Vice Mayor Chua expressed concern with being locked into certain heights, expressed a desire for the possibility of greater numbers of floors, and asked if there could be a variance. Principal Planner Lee noted that a variance was possible and that a development with affordable housing could ask for even greater density.

Councilmember Lien urged the importance of moving the plan forward quickly. She asked about the incentives that could be offered to developers, if street parking should be metered, and branding. Principal Planner Lee noted the importance of creating a consistent atmosphere and that the City is looking into a more detailed program for branding. Councilmember Lien questioned plans to allow easier access to moving in and out of the area. Principal Planner Lee noted that the City is exploring options such as a stairway. The Councilmember agreed with prioritizing portions of the plan but stressed the importance of adopting the entire plan.

Councilmember Barbadillo questioned if the City is considering all adopted plans to create a greater vision, and noted the importance of making connections between plan visions. Consultant Barbla noted that one idea is creating a shuttle loop to link up to public transit. Councilmember Barbadillo questioned attracting economic development by looking at possible investors, asked what kind of investment the City is looking at regarding the plan, and what the City has learned since the Midtown plan was last looked at. Principal Planner Lee noted that much of the southern portion near the Great Mall was redeveloped in that period and was removed from the plan.

Councilmember Phan expressed appreciation for the staff and consultant team in their work with the plan.

Mayor Montano responded affirmatively to the Serra Way questions 1 for supporting up to 5-6 stories and 2 supporting the preferred Serra Way option.
10 Item # C2.

April 25, 2023 Milpitas City Council Minutes Page 3

Consultant Christine Barbla continued with the presentation. Planning Director Thomas noted that the idea for this is to slow the movement of vehicular traffic and create gathering places.

Mayor Montano suggested that in the Main Street Focus Area near Corning Street to consider placing a signal there to slow down traffic. She added that a park next to the library would be a good gathering place, agreed with limiting height to 4 or 5 stories, and expressed a desire for a museum in the area.

Vice Mayor Chua asked the height of the proposed development next to St. John Church. Principal Planner Lee responded that it is 3 or 4 stories.

Councilmember Lien questioned the plan for parking, noting that on street parking isn’t enough to serve the area. Consultant Barbla noted that parking spot numbers won’t be considered until receiving direction on density.

Councilmember Phan supported the staff recommendations for Main Street as a shared street and urged for anything to make the area more walkable.

Consultant Christine Barbla continued with the presentation and asked questions about the Abbot Focus Area.

Economic Development Director Andrade responded to questions from the City Council.

Mayor Montano commented that the parcels are not owned by the City, and observed the City has limited ability to affect them as they are owned by the county and school district. Consultant Barbla noted that this area was added for the future and, if circumstances change, to provide guidance on what the city envisions for the area.

Vice Mayor Chua agreed that the Abbot Focus area be last in terms of prioritization. She emphasized the focus of the City need to be on Main Street from Marilyn to Curtis. She added that at the next review, she wants to see what can be done now and what can be done to prepare for the revitalization of Main Street while waiting to adopt the specific plan. Acting City Manager Kantak noted that current efforts will be featured later in the presentation.

Principal Planner Lee continued with the report.

Mayor Montano and Vice Mayor Chua voiced concerns about going out for another round of community feedback. Acting City Manager Kantak assured the Council that their feedback was received and staff would look at ways to streamline the process.

Economic Development Director Andrade and Recreation and Community Services Director Lorentzen presented the final portion of the report.

Vice Mayor Chua thanked Economic Development staff and asked if arts funding can be used for lights on Main Street. Recreation and Community Services Director Lorentzen stated it possible to use public art funding on a lighting installation that is both artist-designed and installed.

Mayor Montano asked for information on when the Business Improvement District meeting would occur.

Economic Development Director Andrade responded that the kickoff meeting would occur virtually with the consultant on May 3, 2023. Mayor Montano suggested the recommended SPAR presents an opportunity for the City to use those funds to purchase one or two lots for parking.

There were the following speakers:

1. Christopher Denise from Stage One

11 Item # C2.

April 25, 2023 Milpitas City Council Minutes Page 4

ANNOUNCEMENTS
Mayor Montano and the Council offered congratulations to Councilmember Phan on the birth of his child.

ADJOURNMENT
Mayor Montano adjourned the meeting at 8:21 PM.

Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta

12 Item # C2.

REGULAR MEETING OF THE MILPITAS

CITY COUNCIL

May 2, 2023 Milpitas City Council Minutes Page 1

M I NU TE S
TUESDAY, MAY 2, 2023

The City Council of the City of Milpitas convened in a Regular Meeting of the Milpitas City Council on May 2, 2023, 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 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 Barbadillo (5:50 PM), Lien and Phan.

ABSENT: None.

City Attorney Mutalipassi announced the closed session items. Staff announced that Closed Session Item (a) would be deferred to the next City Council meeting. The City Council adjourned to Closed Session at 5:32 PM.

ADJOURN TO CLOSED SESSION
(a) 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, MidCon), IAFF, MPOA (b) PUBLIC EMPLOYEE APPOINTMENT/HIRING
Title: City Manager Recruitment Process
Agency designated representative: Nick Raisch, Human Resources Director (c) PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to California Government Code Section 54957
Position: City Attorney
The City Council reconvened in open session at 7:16 PM
CLOSED SESSION ANNOUNCEMENT:

Assistant City Manager Kantak stated there was nothing to report on Closed Session Items (a) and (c). City Attorney Mutalipassi reported that for Closed Session Item (b) the Council voted to form a City Manager Selection Subcommittee (Motion/Second: Vice Mayor Chua / Mayor Montano. Vote: 5-0), and then voted to appoint Mayor Montano and Vice Mayor Chua as the subcommittee members (Motion/Second: Mayor Montano / Vice Mayor Chua. Vote: 4-0-1; Abstain: Councilmember Lien).

PLEDGE OF ALLEGIANCE
Councilmember Phan led the Pledge of Allegiance.

INVOCATION
Mayor Montano provided the invocation.
13 Item # C2.

May 2, 2023 Milpitas City Council Minutes Page 2

PRESENTATIONS
Mayor Montano presented proclamations in recognition of Affordable Housing and Building Safety Month, Older Americans Month and Teacher Appreciation Week. Housing and Neighborhood Services Administrator Robert Musallam accepted the Affordable Housing and Building Safety Month proclamation and provided comments. Senior Advisory Commissioners Deborah Langley, Ha Phan, Nona Tolentino, Jenny Berryhill, and Barbara Jo Navarro accepted the Older Americans Month Proclamation. Senior Advisory Commission Chair Jenny Berryhill accepted the proclamation and Commission Staff Liaison John Macon provided comments.

Weller Elementary School teacher Cyd Mathias accepted the Teacher Appreciation Week proclamation and provided comments.

PUBLIC FORUM
There were the following public speakers:

1. Voltaire Montemayor

2. Kavita Sreedhar

3. Kishan S

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

READING OF THE CITY COUNCIL CODE OF CONDUCT
Vice Mayor Chua read the Code of Conduct.

APPROVAL OF AGENDA
Motion: to approve the May 2, 2023 Regular Meeting Agenda.

Motion/Second: Vice Mayor Chua / Councilmember Barbadillo Motion carried by the following:

AYES: Councilmembers Barbadillo, Lien, Phan, Vice Mayor Chua, and Mayor Montano NOES: None

Councilmember Phan requested to participate remotely due to a Just Cause accommodation pursuant to AB 2449 to assist with childcare. There were no questions from the City Council. Upon motion by Vice Mayor Chua, seconded by Councilmember Lien, the motion passed unanimously.

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 Just Cause provision of AB 2449.

CONSENT CALENDAR
Motion: to approve the Consent Calendar
Motion/Second: Vice Mayor Chua / Councilmember Barbadillo Motion carried by the following:

AYES: Councilmembers Barbadillo, Lien, Phan, Vice Mayor Chua, and Mayor Montano NOES: None
14 Item # C2.

May 2, 2023 Milpitas City Council Minutes Page 3

There were no public speakers.

C1. Receive City Council Calendar of Meetings for May 2023 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Received City Council Calendar of Meetings for May 2023.

C2. Approve City Council City Council Meeting Minutes of April 12 and April 18, 2023 (Staff Contact:

Suzanne Guzzetta, City Clerk, 408-586-3001)
Approved City Council Special Meeting minutes of April 12, 2023 and Regular Meeting minutes of April 18, 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)
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 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Reviewed the list of items that have been requested by City Councilmembers and provided direction to staff as necessary.

C5. Accept Commissioner Resignation (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001) Accepted the resignation of Patti Sexton from the Energy and Environmental Sustainability Commission and directed the City Clerk to post the notice of unscheduled vacancy.

C6. Consider the Recommendation from Mayor Montano for Appointments to City Commissions (Contact: Mayor Montano, 408-586-3024)
Received the recommendation from Mayor Montano and approved the following appointments to City Commissions:

Economic Development and Trade Commission:

1. Reappoint Casey McNeil to the Technology/Trades seat with a term ending April 2026.

Senior Advisory Commission:

1. Promote Barbara Jo Navarro to a full voting seat with an unexpired term ending December 2023.

C7. Authorize and Approve Travel to Madison, Wisconsin for Mayor Carmen Montano to Attend the 2023 Mayors Innovation Project New Mayors Cohort, at no Cost to the City, to be Held on May 17 – 19, 2023 (Staff Contact: Ashwini Kantak, Acting City Manager, 408-586-3053) Authorized and approved travel to Madison, Wisconsin for Mayor Carmen Montano to attend the 2023 Mayors Innovation Project New Mayors Cohort, at no cost to the City, to be held on May 17 – 19, 2023.

C8. Adopt a Resolution Granting Acceptance of the Street Resurfacing 2022 Project, Project No. 4283, 4298, & 4303, Authorizing the City Engineer to file a Notice of Completion and Issue a Notice of Final Acceptance after the One-Year Warranty (Staff Contact: Matt Cano, Deputy City Manager, 408-586-3012)
15 Item # C2.

May 2, 2023 Milpitas City Council Minutes Page 4

Adopted Resolution No. 9236 granting acceptance of the Street Resurfacing 2022 Project, Project No. 4283, 4298, & 4303, authorizing the City Engineer to file a Notice of Completion and issue a Notice of Final Acceptance after the one-year warranty.

C9. Award IFB 23-070 and Authorize the City Manager to Execute the Purchase Order with Core and Main for Valve Parts for the Not-to-Exceed Amount of $135,866.71 (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602)
Awarded IFB 23-070 and authorized the City Manager to execute the purchase order with Core and Main for the purchase of valve parts for the not-to-exceed amount of $135,866.71.

C10. Receive a Report on the Selection of Representatives from Various City Commissions to Serve on the Zoning Advisory Group (ZAG) for the Comprehensive Zoning Update (Staff Contact: Ned Thomas, Planning Director, 408-586-3273)
Received the report on the selection of representatives from various City Commissions to serve on the Zoning Advisory Group for the Comprehensive Zoning Update.

C11. Receive an Update on the Emergency Repairs to the HVAC System and Equipment at City Hall and at the Public Works/Information Technology/Police Department Buildings and Determine that the Condition Continues to Constitute an Emergency (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602)
(1) Received an update on the emergency repairs to the HVAC system and equipment at City Hall and the Public Works/Information Technology/Police Department buildings; and (2) Determined by a four- fifths vote that the condition continues to constitute an emergency.

Councilmember Phan left the meeting at 7:41 PM. and joined the meeting virtually.

PUBLIC HEARINGS

12. Conduct a Public Hearing to Approve the Substantial Amendment to the FY 2022-25 Consolidated Plan, the Allocations for FY 2023-24 Community Development Block Grant, and the Corresponding Annual Action Plan, and Authorize the Use of $594,882.86 from the City’s Revolving Loan Fund to Continue Administration of the Home Rehab Loan Program (Staff Contact: Alex Andrade, Director of Economic Development, 408-586-3046; and Robert Musallam, Housing and Neighborhood Services Administrator, 408-586-3275) Recommendation: (1) Open the public hearing, hear testimony, then close the public hearing; (2) Adopt the FY2023-24 Annual Action Plan with recommended allocation amounts as set forth in the presentation; (3) Approve a substantial amendment to the FY2022-25 Consolidated Plan; (4) Authorize the Acting City Manager, or designee, to make any necessary changes to the approved FY2022-25 Consolidated Plan and FY2023-24 Annual Action Plan as needed to comply with CDBG submission guidelines; (5) Authorize the Acting City Manager, or designee, to execute CDBG agreements with the approved subrecipients, and amend the CDBG agreements as needed to comply with CDBG guidelines; (6) Authorize the use of $594,882.86 from the City’s Revolving Loan Fund to continue administration of the Home Rehab Loan Program; and (7) Authorize the Acting City Manager, or designee, to pursue a subgrantee to administer a microenterprise grant assistance program.

Housing and Neighborhood Services Administrator Musallam presented the report.

Mayor Montano opened the public hearing.

There were the following public speakers:
16 Item # C2.

May 2, 2023 Milpitas City Council Minutes Page 5

1. Teresa Johnson

2. Marina Sanchez

3. Kisha S

4. Georgia Bacil

5. Kavita Sreedhar

6. Alaina Purcell Schroeder

7. Liza Navarro

Mayor Montano closed the public hearing.

Council discussion ensued.

After discussion, motion to: Adopt the FY2023-24 Annual Action Plan with recommended allocation amounts as set forth in the presentation; Approve a substantial amendment to the FY2022-25 Consolidated Plan; Authorize the Acting City Manager, or designee, to make any necessary changes to the approved FY2022-25 Consolidated Plan and FY2023-24 Annual Action Plan as needed to comply with CDBG submission guidelines; Authorize the Acting City Manager, or designee, to execute CDBG agreements with the approved subrecipients, and amend the CDBG agreements as needed to comply with CDBG guidelines; Authorize the use of $594,882.86 from the City’s Revolving Loan Fund to continue administration of the Home Rehab Loan Program; and Authorize the Acting City Manager, or designee, to pursue a subgrantee to administer a microenterprise grant assistance program.

Motion/Second: Vice Mayor Chua / Councilmember Barbadillo Motion carried by the following:

AYES: Councilmembers Barbadillo, Lien and Phan, Vice Mayor Chua, and Mayor Montano NOES: None

COMMUNITY SERVICES AND SUSTAINABLE INFRASTRUCTURE

13. Consider Community Garden Rules and Regulations Update (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409) Recommendation: (1) Approve new Community Garden Rules for the Community Garden at the Delano Manongs Park; (2) Receive recommendation from the Parks, Recreation and Cultural Resources Commission on Cesar Chavez Garden Plot reconfiguration; and (3) Provide feedback on potential changes to the Community Garden Rules for the Cesar Chavez Garden.

Acting City Manager Kantak introduced the item and Recreation and Community Services Director Lorentzen presented the report.

There were the following public speakers:

1. Pat Yung

2. Joann De Herrera

3. Mark Flores

4. Voltaire Montemayor

5. Enedina Navarro

6. Jackie Romero
Council discussion ensued.

Councilmember Barbadillo suggested the City explore other parks spaces to create more community garden plots.
17 Item # C2.

May 2, 2023 Milpitas City Council Minutes Page 6

Vice Mayor Chua proposed dividing the plots and conducting a study to determine the feasibility of permanent plots for long-time community garden users. She asked to create a process for determining that plots have become unused. She suggested that a standardized clean out schedule should be included in the SOP and to look at the Parks Master Plan to identify parks for additional community garden plots. The Vice Mayor suggested to include discussion of dividing plots and repairing the Cesar Chavez Community Garden gate in the upcoming Budget Session.

Mayor Montano voiced support for the seven-year term proposed by the commission but not the exclusion of single-family residences. She suggested reducing the size of some community garden plots, growing ivy on the fences at Delano Manongs Park to reduce weeds, asked to develop a plan for maintenance and include garden users in the discussion to address the unused and/or abandoned lots.

Vice Mayor Chua asked for a list of gardeners that have been in the community garden for 20 or more years and to consider permanent lots for those community garden users. She asked staff to come back with a recommendation for the Cesar Chavez Community Garden based on Council feedback.

After discussion, motion to: approve the Delano Manongs Garden Rules and Regulations and come back with a recommendation for the Cesar Chavez Community Garden Motion/Second: Vice Mayor Chua / Councilmember Barbadillo Motion carried by the following:

AYES: Councilmembers Barbadillo , Lien, Phan, Vice Mayor Chua, Mayor Montano NOES: None.

LEADERSHIP AND SUPPORT SERVICES

14. Adopt a Resolution for Exception to the 180-Day Wait Period in Accordance with California Government Code Section 7522.56 and 21224 (Staff Contact: Nick Raisch, Human Resources Director, 408-586-3086)
Human Resources Director Nick Raisch responded to questions from the City Council.

There were no public speakers.

After discussion, motion: to adopt Resolution No. 9237 for exception to the 180-day wait period in accordance with California Government Code Sections 7522.56 and 21224; and approve and authorize the Acting City Manager to execute a limited term and scope employment agreement with Jeannine Seher, with the agreement term from May 3, 2023 through June 30, 2023.

Motion/Second: Councilmember Lien / Councilmember Phan Motion carried by the following:

AYES: Councilmembers Barbadillo , Lien, Phan, Vice Mayor Chua, Mayor Montano NOES: None

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
Vice Mayor Chua asked for the Human Resources Director to conduct a job fair specific to the job openings at City Hall. By a roll call vote, there was a consensus to add to the item to the future agenda items request list.

Councilmember Lien asked for City Council microphone management to return to the method used in the earlier portion of 2023.

Mayor Montano asked for the Community Advisory Commission staff liaison to bring for commissioner consideration conducting a contest for businesses that are beautifully maintained. 18 Item # C2.

May 2, 2023 Milpitas City Council Minutes Page 7

ADJOURNMENT
Mayor Montano adjourned the meeting at 9: 38 PM.

Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta

19 Item # C2.

TENTATIVE CITY COUNCIL AGENDA ITEM LIST
as of 5/11/2023

June 6, 2023 – Regular Meeting

CLOSED SESSION
 Labor Relations

INVOCATION (Vice Mayor Chua)

PRESENTATION
 Parks and Recreation Month (Proclamation)

CONSENT CALENDAR

1. Receive City Council calendar for June 2023 (City Clerk)

2. Approve City Council Meeting minutes of May 9 and 16, 2023 (City Clerk)

3. Preview list of items for June 20, 2023 (City Clerk)

4. Councilmember Request List (City Clerk)

5. O&M Agreement – Springhill Suites Hotel (Engineering)

6. Street Resurfacing Project – Project Award (Engineering)

7. Adopt a Resolution Granting Acceptance of Delano Manongs Park Sports Field, (formerly known as McCandless Park Sports Field), Project No. 5102 authorizing the City Engineer to file a Notice of Completion, and authorize the City to issue a Notice of Final Acceptance after the one-year warranty. (Engineering)

8. Memorial Bench for Mikhaila Saso (Recreation)

PUBLIC HEARING

9. Adoption of the Proposed FY 2023-2024 Operating Budget (Finance)

10. South Main St. General Plan Map amendment and rezoning (Planning)

COMMUNITY DEVELOPMENT

COMMUNITY SERVICES

PUBLIC SAFETY

LEADERSHIP

REPORTS
20 Item # C3.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
Request
No. Topic Submitted by:

Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
1 Human Resources Director to conduct a job fair
specific to the job openings at City Hall Chua 5/2/2023 This item will be discussed at the next
quarterly prioritization in June 2023
2 Have City-owned parcels 2 and 3 on Main Street
apprasied Montano 4/18/2023
This item will be discussed at the next
quarterly prioritization in June 2023
3 Have the City look into the possibility of a Citywide Senior Discount Barbadillo 2/7/2023
This item will be discussed at the next
quarterly prioritization in June 2023
4 See if City Manager and staff could assist in finding a month and day to celebrate an International
Cultural Festival on Main Street Lien 2/7/2023
This item will be discussed at the next
quarterly prioritization in June 2023
5 Look into purchasing a larger electronic billboard for Library Montano 2/7/2023
At the February 28, 2023 CIP Study Session,
the Council opted to discuss at the next
prioritization session in June 2023
Request
No. Topic Submitted by:

Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
6 Add lights to Gill Park for Nightime Usage Chua 2/21/2023 At the February 28, 2023 CIP Study Session,
Council asked for an inventory of parks with
types of lighting available. This was
provided in an info memo released on April
13, 2023
7 Look into the impact of and how the City can
compensate for the massive number of layoffs in
the Bay Area. Staff consider how the City can help
residents affected by layoffs, reach out to those
affected and show them city programs. Chua 12/6/2022
Referred to Economic Development and
Trade Commission. Staff, in partnership with
NOVAworks, provided information about past
and upcoming layoffs, wage and labor data
as well as job and career resources available
to Milpitas residents and businesses at the
Economic Development and Trade
Commission meeting on January 9, 2023.

City staff is continuing to partner with
NOVAworks by promoting their upcoming
layoff assistance webinars to assist with
career transition and unemployment services
and resources. One webinar took place on
January 24 and other webinars are scheduled
to take plae on February 7 and 21.
8 Staff explore eliminating or waiving the fee for the
gym at the Milpitas Senior Center Chua 10/18/2022
This was apporved by the City Council as
part of the FY 2023-24 Proposed Master Fee
Schedule adoption in April 2023.

OPEN ITEMS

ACTIVE ITEMS
NOTE: Deferred and Completed Items are not listed21
Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
9 City Manager to look into defining either a
standalone teen center or updating information to
indicate the Senior Center also functions as a Teen
Center Chua 9/20/2022
Discussed at February 2023 Quarterly City
Council Workplan Items Prioritization
Discussion; Approved to move forward during
Prioritization Discussion on 2/7/23. At the
2/28/2023 CIP Study Session, Council
directed staff to include funding for a
feasibility analysis.
10 Schedule an additional ADU workshop Chua 9/6/2022
Similar to last year, staff will support any
webinar hosted by a community partner.
11 Discuss converting vacant lot that was a basketball
court into a community garden at Vasona and
Adobe Montano 8/16/2022
Item brought forward as part of the City
Council additional workplan items
prioritization in February 2023. Mayor
Montano asked it come back after a survey of
residents was completed to determine
community support. At the February 28, 2023
CIP Study Session, Council asked staff to
ask the nearby community for their input on
other uses they would want for the property.
12 City Manager look into implementing a workshop for
small businesses on the bidding process for
projects in the city Chua 8/9/2022
Discussed at February 2023 Quarterly City
Council Workplan Items Prioritization
Discussion; Approved to move forward during
Prioritization Discussion on 2/7/23
13 Quarterly or Monthly crime statistics on Homekey
Project Chua 6/7/2022
PD will present quarterly reports starting on
November 15, 2022.
14 Establish a SPAR fund modelled after the City of
Mountain View - sets asides moneys for
opportunities to buy real estate Montano 6/7/2022
At the January 31, 2023 City Council budget
hearing, staff was directed to update the
City's Fiscal Policies to provide an option for
a portion of future surplus funding to be
reserved for real estate acquisition. Staff will
include this edit to the Fiscal Policies as part
of the Proposed Fiscal Year 2023‐2024
Operating Budget; Discussed at Spring
Quarterly City Council Workplan Items
Prioritization Discussion; Approved to move
forward during Summer Quarterly City
Council Workplan Items Prioritization
Discussion on 9/06/2022. A SPAR fund is
part of the Proposed Fiscal Year 2023-2024
Operationg Budget.
15 Memorial Plaque in honor of youth skateboarder
that passed away Montano 6/7/2022
At the January 31 2023 City Council budget
hearing, City Council voted to consider this
item in the FY 2023‐24 budget development.;
Discussed at Spring Quarterly City Council
Workplan Items Prioritization Discussion;
Approved to move forward during Summer
Quarterly City Council Workplan Items
Prioritization Discussion on 9/06/2022
NOTE: Deferred and Completed Items are not listed22
Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
16 Funding to hire a consultant for the Sunnyhills
Historical Designation on a state level Tran 6/7/2022
Based on staff research, the best way to try
for a Historical District Designation is at the
National Level. This can be wrapped into the
approved CIP for the Historical Resources
Plan update or through grant consultant
California Consulting. Request will be
included with the Historic Resources Master
Plan project approved as part of the 2023-
2027 Capital Improvement Program.
17 Explore the policy for locking mechanisms on
shopping carts for large commercial businesses Tran 4/19/2022 MMC V‐13‐140 Mandatory Plan to Prevent
Cart Removal includes requirement for
physical measures to prevent cart removal
however V‐13‐120 provides an exemption for
cart owner that agrees to enter into a contract
with a City‐designated retrieval service. Staff
suggestion to Council is to review this
exemption and repeal it which would require
all cart owners to have physical measures to
prevent cart removal. Business outreach was
conducted to grocery store operators in Q2 of
2022 to inquire about shopping cart removal
and theft. Grocery stores contacted were
Ocean Supermarket, Seafood City
Supermarket, Chung Chou City, Milpitas
Grocery Outlet, and 99 Ranch Market.

Discussed at Spring Quarterly City Council
Workplan Items Prioritization Discussion;
Approved to move forward during Summer
Quarterly City Council Workplan Items
Prioritization Discussion on 9/06/2022
18 Explore an ordinance or policy to reduce thefts and
increase security in the commercial retail parking
areas Chua 4/5/2022
CAO conducting legal review of policies
requring businesses to hire security/install
cameras; Discussed at Spring Quarterly City
Council Workplan Items Prioritization
Discussion; Approved to move forward during
Summer Quarterly City Council Workplan
Items Prioritization Discussion on 9/06/2022
19 Request for Crossing Guards at McCandless and
Montague Expressway and review wages for
Crossing Guards Montano 4/5/2022
Info Memos were sent to the City Council on
6/13/2022 and 1/27/2023. At the January 31st
budget study session, Council voted to move
to a contract model; Staff is in the middle of a
citywide traffic study, which includes school
aged pedestrian counts around schools in the
City including the McCandless and Montague
Expressway intersection.

NOTE: Deferred and Completed Items are not listed23
Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
20 Create a plan for future solar paneling at City
facilities Montano 3/1/2022
As discussed with the City Council at the 1/31
/2023 Budget Study Sessio, staff will continue
to explore grant opportunities to
install additional solar panels on City
facilities. However, staff will only proceed with
further development if this grant funding is
identified so work (other than reviewing grant
opportunities) is on hold at this time.

Discussed at Spring Quarterly City Council
Workplan Items Prioritization Discussion;
Approved to move forward at the 5/03/2022
meeting; Discussed at the May 10 budget
meeting and approved funding of $25,000 in
the 2022-23 budget
21 Evaluate reopening the childcare center with a non-
profit organization running the center Montano 2/1/2022 No additional funds required to complete the
internal review. Internal review can be done
by late 2023. Approved during Spring
Quarterly City Council Workplan Items
Prioritization Discussion on 5/03/2022.
22 Requested an appropriation in an amount not to
exceed $250,000 to procure a contract to address
the streetlights that are pending fieldwork. Tran 2/1/2022 At this time, staff has sufficient Council
approved resources to address the remaining
streetlight outages; however, will bring
relevant actions for Council consideration, if
needed.
23 Staff to look into mural Art on Great Mall Parkway
on the VTA owned Light rail pillars Montano 11/16/2021
VTA is not responsive to requests from the
City to meet on this project. A discussion on
other locations or projects with Council may
be needed; Discussed at Spring Quarterly
City Council Workplan Items Prioritization
Discussion; Approved at the 5/03/2022
meeting; discussed funding at the 5/10/2022
budget meeting and approved $100,000 of
funding for one site
24 Request for the City to make the temporary third-
party food deliver fee caps permanent and add
additional provisions for enforcement Phan 11/16/2021
Requires legal analysis of 1:21-cv-07695-AT-
SLC DoorDash, Inc. v. city of New York and
3:21-cv-05502-EMC Doordash, Inc. et al v.

City and County of San Francsico. Doordash
v. NYC remains pending and may settle the
law on the matter. CAO will prepare
confidential memorandum for the Council.

Discussed at Spring Quarterly City Council
Workplan Items Prioritization Discussion;
Approved to move forward at the 5/03/2022
meeting
25 Have a picture of Albert Vogel Sr. put up in the
Senior Center Montano 10/19/2021
No additional funding needed. Need final
names from City Council. Approved to move
forward at the 1/11/2022 Council meeting;
Staff engaged the artist of the existing mural
regarding this Council approved item.
26 Include a bust of Maria Lemire on the Mural in front of the Senior Center Montano 8/17/2021
Maria Lemery is to be included on the Senior
Center Mural. It's not an actual "bust."
Approved to move forward at the 1/11/2022
Council meeting; Staff engaged the artist of
the existing mural regarding this Council
approved item.

NOTE: Deferred and Completed Items are not listed24
Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
27 Look into bringing back a roller rink Montano 8/5/2021 Monies budgeted. Roller Rink bids coming
back end of Feb/early March. Event schedule
for August 4 & 5, 2023. Approved to move
forward at the 1/11/2022 Council meeting.

Funding for the program will need to be
prioritized through the FY 22-23 budget
process; Discussed at 5/10/2022 budget
meeting and approved $100,000 funding for
a two-day event in 2023
28 Staff to create a plan on how to increase the
number of local businesses doing business with the
City Chua 4/6/2021
Staff is tracking this local business
participation item as part of Council Priority
Item 3 in Group 1 on this list; At 8/9/2021
Council meeting, Council voted that this item
may have to come back for additional
discussion because there may be some legal
considerations.
29 Staff to provide information on a landmark policy for the City of Milpitas Tran 3/16/2021
This is part of the CIP for updating the
Historic and Cultural Resources Plan;
8/09/2021 Council voted 5-0 to move this
item forward; this item will be included for
funding consideration in the development of
the FY 2023-27 CIP for assessment of
historical and cultural resources and
development of landmark policy; The funding
for the assessment of historical and cultural
resources and development of a landmark
policy will be included in the 2023-2027
Capital Improvement Program scheduled for
adoption on May 3, 2022. This project will be
scheduled to begin in FY 2022-23.
30 Amendment to the existing ordinance for third-party
food delivery vendor services to prohibit regulatory
response fees Phan 2/16/2021
See update to item titled "Request for the City
to make the temporary third-party food deliver
fee caps permanent and add additional
provisions for enforcement." Agendized for
discussion on 3/16/2021, deferred to
4/06/2021; CC direction for City Attorney to
prepare a report; At the 11/12/2021
Transportation Subcommittee, the
Subcommittee directed to bring back this
request to Council as part of the FY 2022-23
budget process.
31 Ordinance to ban vaping in the City Montano 12/15/2020 Ordinance regarding a ban on use in certain
areas adopted by Council on 6/15/2021.

Council received a follow-up presentation
from staff on 6/21/22 and provided direction
on establishing a local tobacco retail
permitting program and regulating tobacco
retail locations and the sale of flavored
tobacco and electronic cigarette products in
Milpitas. Staff is now coordinating with the
Santa Clara County Department of
Environmental Health (DEH) to set up the
program, and those arrangement will be
brought back to the Council in early 2023.

NOTE: Deferred and Completed Items are not listed25
Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
32 Consider Community Museum and Park on Main St. Phan 8/20/2019 to Rules Subcommittee 8/23/2019. Moved to
Specific Plan Community Conversation
events.

NOTE: Deferred and Completed Items are not listed26
Item # C4.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Consider the Recommendation from Mayor Montano for Appointments to City Commissions and Declare an Unscheduled Vacancy (Contact: Mayor Montano, 408-586-3024)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 5/16/2023
Recommendation: (1) Receive the recommendation from Mayor Montano and approve appointments to City Commissions; and (2) Declare an unscheduled vacancy on the Senior Advisory Commission and direct the City Clerk to post the notice of unscheduled vacancy.

Background:

The City of Milpitas has 13 Commissions (including the Measure F Oversight Committee), with members appointed by the Mayor and confirmed by the City Council. The Commissions advise the Milpitas elected officials on a variety of community interest and policy areas.

Any resident interested in serving on a City Commission must complete a Commission Application and submit the form to the City Clerk. Copies of the applications are provided to the Mayor for her consideration. Per Government Code 40605, in a general law city where the office of Mayor is an elective office, the Mayor with the approval of the City Council, shall make all appointments to boards, commissions, and committees unless otherwise specifically provided by statute.

Current Commissioners may seek to be reappointed upon the expiration of their current term, but reappointment to a new term is not automatic. Those Commissioners seeking reappointment must contact the City Clerk and the Mayor to convey their request. Re-appointment must be recommended by the Mayor and confirmed by the City Council.

Analysis:

Mayor Montano is making the following recommendations for appointment:

Community Advisory Commission:

1. Promote Kavita Sreedhar to a full voting seat with an unexpired term ending January 2024.

2. Promote Raghu Reddy to Alternate no. 1 with an expired term ending January 2024.

3. Appoint Andrea D’George as Alternate no. 2 with a term ending January 2026.

Senior Advisory Commission:

1. Promote Ha Phan to a full voting seat with an unexpired term ending December 2023.

All recommended Commissioner appointments have been reviewed and confirmed by the City Clerk’s office.

The promotion of Ha Phan results in a vacancy in an Alternate seat on the Senior Advisory Commission, and a notice of Unscheduled Vacancy must be posted to advertise the opening.

Fiscal Impact:

There is no fiscal impact associated with this item.

Recommendation:
(1) Receive the recommendation from Mayor Montano and approve appointments to City Commissions; and (2) Declare an unscheduled vacancy on the Senior Advisory Commission and direct the City Clerk to post the notice of unscheduled vacancy 27
Item # C5.

Attachments:

1. Promotion request from Ha Phan
28 Item # C5.

From: Phan Hà
To: Suzanne Guzzetta
Cc: Carmen Montano
Subject: Approval needed
Date: Wednesday, April 26, 2023 10:38:22 PM
Dear Mayor Montano,
Please accept my interest in being considered for a full Commissioner seat on the Senior Advisory Commission when a position/seat becomes available. Currently, I am Alternate #1 on the Commission.

Thank you in advance for your consideration,
Hà Phan
Alternate #1
Senior Advisory Commission
29 Item # C5.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Authorize and Approve Out-of-State Travel to Columbus, OH, for Mayor Carmen Montano to Attend the United States Conference of Mayors to be Held on June 2 – 5, 2023, for a Combined Total Estimated Amount of $3,500.00 (Staff Contact:

Ashwini Kantak, Acting City Manager, 408-586-3053)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 5/16/2023
Recommendation: Authorize and approve out-of-state travel to Columbus, OH, for Mayor Carmen Montano to attend the United States Conference of Mayors to be held on June 2 – 5, 2023, for a combined total estimated amount of $3,500.00.

BACKGROUND:

The United States Conference of Mayors holds an Annual Meeting each June in a different United States city.

This year’s Annual Meeting is scheduled in Columbus, Ohio, from June 2 to 5, 2023. During the Conference’s June Annual Meeting, standing committees recommend policy positions the organization should adopt. All policy positions adopted at the annual meeting collectively represent the views of the nation’s mayors and are distributed to the President of the United States and Congress. This year’s conference discussion priorities will include public safety, technology, innovation, achieving “functional zero” homelessness, climate resiliency, as well as a major focus on the mental health crisis in America’s cities. Additionally, the mayors will discuss how state legislatures are preempting local control and imposing policies that conflict with the wishes of city residents. The preliminary agenda is attached to this report.

ANALYSIS:

The City of Milpitas Travel and Expense Policy requires all travel for the elected officials and City Manager to be approved by City Council. Council approval of this request will allow Mayor Montano to garner additional knowledge from other US Mayors and elected officials and to bring it back to share with her Council colleagues. Continued participation and attendance in national conferences and events is a way to ensure that the Milpitas community is fully represented at the regional, state, and national levels.

POLICY ALTERNATIVE(S):

Not applicable

FISCAL IMPACT:

The total estimated expenses for the United States Conference of Mayor in Columbus, Ohio per attendee is $3,500 (including the registration and hotel fees, as well as transportation, and meal reimbursements).

To date, Mayor Montano has a remaining balance of $3,568.41 in her Individual Elected Official Allocation of $5,000 for Conferences/Meetings/Memberships to cover the travel expenses related to the United States Conference of Mayors. With the approval of this out-of-state travel, the new estimated remaining balance will be $68.41.

California Environmental Quality Act (CEQA):

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:

Authorize and Approve Out-of-State Travel to Columbus, OH, for Mayor Carmen Montano to Attend the United States Conference of Mayors to be held on June 2 – 5, 2023, for a combined total estimated amount of $3,500. 30 Item # C6.

Attachment(s):

Attachment 1: Draft United States Conference of Mayors Agenda Attachment 2: Council budget tracking

31 Item # C6.

DRAFTAGENDA
Notes:
● Timesanddaysofeventsaresubjecttochange.
● Moredetailsonspeakersandforumtopicswillbeaddedastheyconfirm. ● Thelistingofchairsdoesnotconfirmattendance.

The91st
AnnualMeeting
of
TheUnitedStates
Conferenceof
Mayors
June2-5,2023
Columbus,OH
ColumbusHiltonDowntown
ATTACHMENT 1
32 Item # C6.

Draft Agendaof 05/11/23
Welcome
Tothe91stAnnualMeetingofTheUnitedStatesConferenceofMayors June2-5,2023ColumbusHiltonDowntownColumbus,OH
KeyInformationforAttendees Page2ThemesandOpportunities Page4

DAILYSCHEDULE
Thursday,June1 Page5Friday,June2 Page5Saturday,June3 Page16Sunday,June4 Page27Monday,June5 Page37 WorkforceDevelopmentCouncil(WDC) Page39TheUnitedStatesConferenceofMayorsPresidents Page41TheUnitedStatesConferenceofMayorsLeadership Page43 TitleSponsor
1 33
Item # C6.

Draft Agendaof 05/11/23
KeyInformationforAttendees
Participation
Unlessotherwisenoted,allplenarysessions,committeemeetings,councilmeetings,bestpracticeforums,andsocialeventsareopentoallmayorsandotheroﬀiciallyregisteredattendees.

Registration/HostCityHospitalityTheRegistrationDeskhoursare:● Thursday,June1:3:00p.m.-7:00p.m.● Friday,June2:7:00a.m.-5:00p.m.● Saturday,June3:7:00a.m.-5:00p.m.● Sunday,June4:7:00a.m.-5:00p.m.● Monday,June5:7:00a.m.-11:00a.m.

BadgesandLanyardsThebadgeprovidedtoyouuponcheck-inistheoﬀicialidentificationforadmissiontoalleventsatthe90thWinterMeeting.Itisrequiredthatalldelegates,participants,andguestsweartheirregistrationbadgestoenterallsessions,meetingareas,andsocialevents.Thecolor-codedlanyardsuppliedmustalsobewornwiththebadgeatalltimes.Failuretowearthebadgeandlanyardforviewingbysecuritymaycauseinconveniencetoparticipants.Therewillbea$50feeforthereplacementoflostbadges.PhotoIDwillberequireduponcheck-intopickupyourbadge.

LanyardColorCode
BLUE MEMBERMAYORRED SERVICECITYMEMBERMAYORYELLOW NON–MEMBERMAYORBLACK USCMPLATINUMPARTNER,BUSINESSCOUNCILorSPONSORSILVER USCMSTAFFORANGE PRESSLIGHTBLUE USCMSPEAKER;GUESTDARKGREEN CITYOFFICIALCORAL REGISTRANTʼSFAMILY,SPOUSE,PARTNER,ORCHILDPURPLE HOSTCITYSTAFF,VOLUNTEERS,ANDGUESTS MobileAppDownloadtheoﬀicialmobileapptoviewtheagenda,attendingmayors,andmore.Youcanfinditatusmayors.org/app.AvailableontheAppStoreandGooglePlay.

ParticipationUnlessotherwisenoted,allplenarysessions,committeemeetings,councilmeetings,bestpracticeforums,andsocialeventsareopentoallmayorsandotheroﬀicially-registeredattendees.

SpouseandGuestActivitiesSpousesandyoutharewelcometoattendallConferenceeveningsocialfunctions.InformationonspouseandfamilydayactivitiesareavailableontheHostCityWebsite.

TitleSponsor
2 34
Item # C6.

Draft Agendaof 05/11/23
MediaCoverageUnlessotherwisenoted,allplenarysessions,committeemeetings,councilmeetings,andbestpracticeforumsareallopentocredentialedpress.Allsocial/eveningeventsareCLOSEDtopress.

AllplenarysessionsarestreamedliveonourYouTube,Twitter,andFacebookchannels.

Thehashtagforthemeetingis#Mayors2023
PressRegistrationAllpressmustregisterandpickupcredentialstogainaccesstoAnnualMeetingevents.Presscredentialsmaybepickedupbeginningat7:00a.m.onFriday,June2attheUSCMregistrationdesk.Pleaseregisterhere.

ResolutionandCommitteeDeadlineThedeadlineforsubmissionofproposedresolutionsbymembermayorswasWednesday,May3at5:00pmET.Thiswasthesamedeadlineforstandingcommitteemembershipchanges.

VotingOnlymembermayorsofastandingcommitteeareeligibletovoteonresolutionsbeforethatstandingcommittee.Mayorswhowishtorecordanovoteinastandingcommitteeorthebusinesssessionshoulddosowithinthemobileapp.

BusinessSessionVotingCredentialsVotingCredentialswillbeavailablefortheMondayBusinessSessionVoteattheConferenceRegistrationDesk,beginningat7:00a.m.onSunday,June4.

ItwillbenecessaryforallOﬀicialDelegateswhowishtovotetohavethesecredentialsintheirpossession.Thereisbutonecredentialforeachmembercity.Ifthemayorofamembercityisregistered,thecredentialwillbeissuedtohimorher.IfthemayorisnotregisteredandhasnotbeeninattendanceattheAnnualConference,aregisteredoﬀicialfromtheircitymusthavebeendesignated,inadvance,inwriting,tobetheOﬀicialDelegatetoreceivethecityʼscredentials.

IfaregisteredMemberMayoranticipatesthattheywillnotbepresentattheBusinessSession,theymaydesignateanalternate,whomustbearegisteredoﬀicialfromtheircity,topickupthecityʼsvotingcredentialandexercisethecityʼsvoteonSundaymorning.Suchanalternate,however,cannothavethefloortospeaktoanyissueunderdiscussion.

TheappropriateformfordesignatinganalternatemaybefilledoutattheRegistrationDeskfrom7:00a.m.to11:00a.m.onSunday,June4andpriortotheBusinessSessiononMonday,June5.

TitleSponsor
3 35
Item # C6.

Draft Agendaof 05/11/23
Themes/AreasofFocus/Opportunities
The91stAnnualMeetingofTheUnitedStatesConferenceofMayorsisbeingdevelopedaroundthefollowingareas:

1. Prioritiesidentifiedbythe80thPresidentofTheUnitedStatesConferenceofMayorsMiamiMayorFrancisX.Suarezincludingpublicsafety,technology,innovation,achieving“functionalzero”homelessness,climateresiliency,andmore.

2. AmajorfocusonthementalhealthcrisisinAmericaʼscities-undertheleadershipofVicePresidentandMentalHealthTaskForceChairMayorHillarySchieveofReno.

3. Engagementwithhigh-levelBidenAdministrationoﬀicials,Congressionalleaders,aswellasotherkeypolicyandthoughtleaders.

4. AMayors-OnlyDiscussiononFridayaernoon.

5. Afocusonhowstatelegislaturesarepreemptingcityauthorityandimposingpoliciesthatconflictwiththewishesofcityresidents.

6. Strategiesandactionsneededtoreducethescourgeofgunviolenceoccurringdailyonourstreetsandinendlessmassshootings.

7. Continuedimplementationofhistoriclegislationpassedbythe117thCongressandsignedintolawbyPresidentBiden:
○ TheAmericanRescuePlanAct(ARPA)—$65.1BillionforALLCitiesandNewFlexibility○ TheBipartisanInfrastructureInvestmentandJobsAct(IIJA)—$1.2Trillionover10Years○ TheBipartisanCHIPSandScienceAct○ TheBipartisanSaferCommunitiesAct○ TheInflationReductionAct(whichincludeskeyUSCMprioritiesrelatedtoclimatechangeandhealthcareaﬀordabilityandaccess)○ TheBipartisanFiscalYear2023OmnibusAppropriationsAct.

8. Numerousopportunitiesfordirectmayor-to-mayorengagementonawiderangeoftopicsimpactingcitiesofallsizesandinallregionsofourNation,andthesharingofbestpracticesandinnovativeprojectsamongmayors.

9. Theconsideration,debate,andadoptionofpolicyresolutionssubmittedbymembermayors.Thiswilloccurduringthemeetingsofthe11policyStandingCommitteesonFriday,June2andSaturday,June3,andthenduringtheoﬀicialAnnualBusinessSessiononMondaymorning,June5.

10. TheinaugurationofMayorSchieveasthe81stPresidentofTheUnitedStatesConferenceofMayorsduringaspecialluncheononMonday,June5.

11. NetworkingopportunitieswithUSCMPlatinumPartnersandMayorsBusinessCouncilMembers.

12. EveningeventsarrangedbySecondVicePresidentMayorAndrewJ.GintherandhishostcommitteethatwillhighlighttheverybestofColumbus-andgiveallattendeestheopportunitytotalk,sharestories,andbetogetheraspartoftheUSCMfamily.YoucanseeallthatishappeningbycheckingouttheHostCityWebpage.

TitleSponsor
4 36
Item # C6.

Draft Agendaof 05/11/23
THURSDAY,JUNE1
Registration3:00p.m.-7:00p.m.LocationTBA
FRIDAY,JUNE2
Registration7:00a.m.-5:00p.m.LocationTBA
FridayMorningPlenarySession8:00a.m.-9:00a.m.LocationTBD Continentalbreakfastwillbeavailablebeginningat7:15a.m.

Programwillbeginat8:00a.m.

Presiding FRANCISX.SUAREZMayorofMiamiPresident,TheUnitedStatesConferenceofMayors Remarks NationalCalltoServiceMAJORGENERALWILLIAMJ.BOWERSCommandingGeneralUnitedStatesMarineCorpsInstallationsPacific Greetings CHADCASTRUITACEOCareSolace
ArmchairDiscussion TBA
Remarks TBA
Announcement PLAYBALLWeekendandSummerSandlotFunTONYREAGINSChiefBaseballDevelopmentOﬀicerMajorLeagueBaseballUSCMPlatinumPartner Remarks THEHONORABLESHERRODBROWNChairman,Banking,Housing,AndUrbanAﬀairsCommitteeUnitedStatesSenate(OH) TitleSponsor
5 37
Item # C6.

Draft Agendaof 05/11/23
FRIDAY,JUNE2
CouncilonMetroEconomiesandtheNewAmericanCity9:15a.m.-10:30a.m.LocationTBD Chair ANDREWJ.GINTHERMayorofColumbus,OH
ViceChair SATYARHODES-CONWAYMayorofMadison
Remarks USMetroEconomies:GMPandJobsForecastJAMESDIFFLEYExecutiveDirectorS&PGlobalMarketIntelligence ARPAʼsStateandLocalFiscalRecoveryFundMARISAG.WAXMANDirector,StateandLocalFiscalRecoveryFundsUnitedStatesDepartmentofTreasury LAURAMCDANIELPolicyOutreachLead,StateandLocalFiscalRecoveryFundsUnitedStatesDepartmentoftheTreasury PAIGECOGNETTIMayorofScranton
PromotingImmigrantEntrepreneurialBusinessJUSTINBIBBMayorofCleveland HelpingMinorityFirmsBecomeContract-ReadyDARRELLBYERSCEOInterise RetirementSecurityforLMIWorkersCATHERINELYONSDirectorofPolicyEconomicInnovationGroup UsingDatatoInformUseofFederalInfrastructureDollarsSEANCONLINPrincipalDeloitte TitleSponsor
6 38
Item # C6.

Draft Agendaof 05/11/23
FRIDAY,JUNE2
MayorsWaterCouncil9:15a.m.-10:30a.m.LocationTBD
Co-Chair DEBORAHROBERTSONMayorofRialto
MayorʼsRoundtable MembersoftheMayorsWaterCouncilandotherattendingmayorsidentifythemselvesandtheircity,andidentifytheirmostpressingwaterissues.

Remarks WorkforceDevelopmentintheWaterSectorFREDVANHEEMS,CEOVeoliaWater ReclaimingStormwaterandGeneratingCityRevenuesinCentralCalifornia-LakeRialtoProjectDEBORAHROBERTSONMayorofRialto ProtectingourNation'sCriticalWaterInfrastructurefromRogueAttacksPUNDINARASIMHAMChiefMentorSAFEKRIT,Inc.

Discussion WaterRegulationsReviewPanel
Moderator DEBORAHROBERTSONMayorofRialto
Panelists MARYLOUPAULYMayorofIssaquah,WA
KIMNORTONMayorofRochester,MN
DANEENSORACEMayorofLancaster,PA
REUBENRODRIGUEZSeniorDirector,ExternalCommunicationsAmericanWater CHADSEIDELPresidentCoronaEnvironmental
Remarks JAMIEPIZIALIMunicipalOmbudsmanUnitedStatesEnvironmentalProtectionAgency TitleSponsor
7 39
Item # C6.

Draft Agendaof 05/11/23
FRIDAY,JUNE2
First-TimeAttendeeMayorsSession9:15a.m.-10:15a.m.LocationTBD IsthisyourfirstUnitedStatesConferenceofMayorsmeeting?Thenthissessionisforyou!ComehearfromourPresident,ourCEO&ExecutiveDirector,andotheractivemayorstogetthemostoutoftheorganization.

Remarks FRANCISX.SUAREZMayorofMiamiPresident,TheUnitedStatesConferenceofMayor ANDREWJ.GINTHERMayorofColumbus,OHSecondVicePresident,TheUnitedStatesConferenceofMayors TOMCOCHRANCEO&ExecutiveDirectorTheUnitedStatesConferenceofMayors NANWHALEYDirectorofMembershipTheUnitedStatesConferenceofMayors OpeningPressConference11:00a.m.-11:45a.m.LocationTBD
RemarksbyUSCMOﬀicers
TitleSponsor
8 40
Item # C6.

Draft Agendaof 05/11/23
FRIDAY,JUNE2
MayorsClimateProtectionAwardsLuncheon12:00p.m.-1:30p.m.LocationTBDSponsoredbyWalmart Programwillbeginat12:15p.m.

Presiding FRANCISX.SUAREZMayorofMiamiPresident,TheUnitedStatesConferenceofMayors AwardsPresentation 2023MayorsClimateProtectionAwardsWalmartRepresentativeTBAUSCMPlatinumPartner Panel Broadband&DigitalEquityBestPractices
Moderator SCOTTWOODSPresident,Public-PrivatePartnershipsBroadband.Money Panelists FRANKWHITFIELDMayorofElyria
JADEPIROSdeCARVALHOMayorofHutchinson,KSDirectorofBroadbandDevelopment,StateofKansas SupportprovidedbyBroadband.Money.

Remarks TBA
TitleSponsor
9 41
Item # C6.

Draft Agendaof 05/11/23
FRIDAY,JUNE2

BESTPRACTICEFORUMS
AsianAmericanPacificIslanderAllianceInauguralMeeting2:00p.m.-3:00p.m.LocationTBD JoinourinauguralmeetingofourAsianAmericanPacificIslander(AAPI)Alliance.FormayorswhoarefromtheAAPIcommunityaswellasmayorswhowanttoexpandAAPIleadershipintheircommunity.

Moderator LILYMEIMayorofFremontChair,AsianAmericanPacificIslanderAlliance Remarks TBA
PromotingEntrepreneurshipinYourCity2:00p.m.-3:00p.m.LocationTBD Moderator ELIZABETHB.KAUTZMayorofBurnsvilleChair,SmallBusinessandEntrepreneurshipTaskForce Remarks LOUMOSCAChiefOperatingOﬀicerAmericanManagementServicesUSCMPlatinumPartner RespondingtotheInfluxofMigrantstoourCitiesandourNation2:00p.m.-3:00p.m.LocationTBD ThissessionwillfocusonthecurrentsituationinandaroundtheborderwiththeexpirationofTitle42,expectationsforadditionalmigrantsenteringtheUnitedStates,andhowcitiesaremanagingtheinfluxofmigrantsandwhattheyneed.

Moderators JOHNGILESMayorofMesaChair,ImmigrationReformTaskForce TODDGLORIAMayorofSanDiegoViceChairforBorderPolicy,CriminalandSocialJusticeStandingCommittee Remarks TBA
TitleSponsor
10 42
Item # C6.

Draft Agendaof 05/11/23
FRIDAY,JUNE2
UtilizingNewFederalToolstoImplementYourCityʼsClimatePlans2:00p.m.-3:00p.m.LocationTBD AscitiescontinuetoimplementclimateactionplansintheircommunitiesthereareawidearrayofavailableresourcesthroughtheInflationReductionActandBipartisanInfrastructureLawthatoﬀerlocalleadersfederalfinancialassistancetoreachtheirgoals.Thissessionfeaturesfederalandtechnicalexpertswhowilloutlinetheresourcesthatlocalgovernmentscantakeadvantageofregardingfundingopportunities,bestpractices,andnewtaxcreditstosupportandfinancecityeﬀorts.

Moderators DANGELBERMayorofMiamiBeachChair,EnvironmentStandingCommittee JUSTINBIBBMayorofClevelandViceChair,EnvironmentStandingCommittee Remarks JEREMIAHBAUMANNChiefofStaﬀ,OﬀiceofInfrastructureUnitedStatesDepartmentofEnergy TIMKELLERMayorofAlbuquerque
JONMITCHELLMayorofNewBedford
Presentation AllianceforaSustainableCitiesNewReport-CitiesAdvancingClimateAction:UnlockingthePotentialoftheInflationReductionAct KATRINALEWISVicePresident,SustainabilityAECOM-Energy
Remarks TBAUnitedStatesEnvironmentalProtectionAgency
TitleSponsor
11 43
Item # C6.

Draft Agendaof 05/11/23
FRIDAY,JUNE2
SiteVisit
DesignerBrandsOmnichannelWarehouseOperation2:15p.m.-3:15p.m.DSWDistributionCenter,Columbus (Buseswillbeginloadingat1:30p.m.fora1:45p.m.departure.BuseswillarriveattheDistributionCenterat2:00p.m.Buseswillbeginloadingforareturntriptothehotelat3:15p.m.Buseswillarrivebackatthehotelat3:30p.m.) DesignerBrandsisoneofNorthAmericaʼslargestdesigners,producersandretailersoffootwearandaccessorieswithworld-classdesignandsourcingoperations,arobustwholesalingbusiness,andmorethan1,000pointsofdistribution.CometourtheirflagshipDesignerShoeWarehouse(DSW)“warehousereimagined”concept—astateoftheartomnichannelwarehouse—toseetheimpactoftechnologyonlogisticsandlearnmoreabouthowDSWstaﬀsitsdistributioncenteranddelivershands-ontrainingandinstructiononwarehouseoperationsandotherlogisticssettingstoALLresidentsofColumbus,inatrueeﬀorttoembeddiversity,equity,inclusionandaccessibilityintotheirsuccessfulbusinessmodel.

Remarks ANDREWJ.GINTHERMayorofColumbus,OH
LISAPATTMCDANIELCEOWorkforceDevelopmentBoardofCentralOhio TARYNWILLIAMSAssistantSecretaryforDisabilityEmploymentUnitedStatesDepartmentofLabor JEFFGIRARDSeniorVicePresidentofDistribution&LogisticsDesignerBrandsInc.

KEVINL.MILLERDirectorOpportunitiesforOhioanswithDisabilities SARAHDUPLESSISDirectorFoodforGoodThought
SupportedbytheDepartmentofLaborʼsStateExchangeonEmployment&Disability(SEED)Initiative.

TitleSponsor
12 44
Item # C6.

Draft Agendaof 05/11/23
FRIDAY,JUNE2
Children,Health,andHumanServicesStandingCommittee3:15p.m.-4:15p.m.LocationTBD Chair LEVARSTONEYMayorofRichmond,VA
ConsiderationofProposedResolutions
Remarks TBA
EnergyStandingCommittee3:15p.m.-4:15p.m.LocationTBD
Chair JONMITCHELLMayorofNewBedford
ConsiderationofProposedResolutions
Update TheEnergyEﬀiciencyandConservationBlockGrant(EECBG)TBA Discussion CitiesCanMonetizeTaxCredits/RebatesforCleanEnergyInvestmentsUnderIRAJEREMIAHBAUMANNChiefofStaﬀOﬀiceofInfrastructureUnitedStatesDepartmentofEnergy DANIELRICKENMANNMayorofColumbia,SC

MAYORTBA
Remarks Update:AdministrationAdjustsOﬀshoreWindEnergyStrategyJONMITCHELLMayorofNewBedford TitleSponsor
13 45
Item # C6.

Draft Agendaof 05/11/23
FRIDAY,JUNE2
MetroEconomiesStandingCommittee3:15p.m.-4:15p.m.LocationTBD Chair LUKEBRONINMayorofHartford
ConsiderationofProposedResolutions
Remarks TBA
TransportationStandingCommittee3:15p.m.-4:15p.m.LocationTBD Chair MICHAELB.HANCOCKMayorofDenver
ConsiderationofProposedResolutions
Remarks TBA
Mayors-OnlySession(ClosedtothePress)4:45p.m.-6:15p.m.LocationTBD TitleSponsor
14 46
Item # C6.

Draft Agendaof 05/11/23
FRIDAY,JUNE2

EVENINGEVENT
TheArtOfUS-ColumbusMuseumofArt7:00p.m.-10:00p.m.

WelcometoColumbusandouraward-winningmuseumofart.Enjoyartinallitsformsasyouwanderthemuseumatyourleisurewithanimpressivecollectionthroughthemuseumaswellascuratedeventmoments.ThiswillbeanelevatedeveningshowcasingColumbusʼbestfoodandbeverageoﬀerings.

Transportation:Eveningeventshuttleswilloperateonacirculator30minutespriortoeventstartanduntil1houraereventstart.Allshuttleswilldepartfromthe402ToweroftheHiltonColumbusDowntown.

SuggestedAttire:BusinessCasual
TitleSponsor
15 47
Item # C6.

Draft Agendaof 05/11/23
SATURDAY,JUNE3
Registration7:00a.m.-5:00p.m.LocationTBD
InternationalAﬀairsStandingCommittee8:00a.m.-9:00a.m.LocationTBD ActingChair DAVIDHOLTMayorofOklahomaCity
ConsiderationofProposedResolutions
Remarks TBA
DAVIDRUTLEYMPParliamentaryUnderSecretaryofState(AmericasandCaribbean)GovernmentoftheUnitedKingdom TIMKELLERMayorofAlbuquerqueSisterCitywithKharikiv,Ukraine LIZSCHRAYERPresident&CEOU.S.GlobalLeadershipCoalition(USGLC) MELANIEMARONPELLChiefFieldOperationsOﬀicerAmericanJewishCommittee(AJC) TBA
Tourism,Arts,Parks,Entertainment,andSportsStandingCommittee8:00a.m.-9:00a.m.LocationTBD Chair HILLARYSCHIEVEMayorofReno
ConsiderationofProposedResolutions
Remarks ANNABLUEPresidentAmericanHotel&LodgingAssociationFoundation NINAOZLUTUNCELIChiefCounselofGov't&PublicAﬀairsAmericansfortheArts TitleSponsor
16 48
Item # C6.

Draft Agendaof 05/11/23
SATURDAY,JUNE3

BESTPRACTICEFORUMS
LocalInfrastructureHub-FederalFundingOpportunitiesthroughtheU.S.DepartmentofTransportation8:00a.m.-9:00a.m.LocationTBD DepartmentofTransportation(DOT)oﬀicialswillbriefmayorsonthestatusofkeyBipartisanInfrastructureLaw(BIL)fundingprograms.MayorswillhavetheopportunitytoengageinadialoguewithDOToﬀicialsandhighlightprojectsbeingimplementedintheircities.

Moderator ANDREWJ.GINTHERMayorofColumbus,OH
Remarks JAIMELAVINGovernmentInnovationBloombergPhilanthropies LYNDATRANDirectorofPublicEngagementSeniorAdvisortotheSecretaryUnitedStatesDepartmentofTransportation CHRISTOPHERCOESAssistantSecretaryforTransportationPolicyUnitedStatesDepartmentofTransportation EMILYSCHWENINGERSr.PolicyAdvisorTransportationHealthandSafetyUnitedStatesDepartmentofTransportation RAISEFontana:BuildingaBetterConnectedInlandEmpireACQUANETTAWARRENMayorofFontana VisionZeroProject:SafeStreets&RoadsforAllDANENESORACEMayorofLancaster,PA Q&A
SupportprovidedbyBloombergPhilanthropies.

TitleSponsor
17 49
Item # C6.

Draft Agendaof 05/11/23
SATURDAY,JUNE3
NewEnvironmentalMandates-WhatYourCommunityNeedstoKnow8:00a.m.-9:00a.m.LocationTBD Localgovernmentsplayacriticalroleintheeﬀectiveimplementationofenvironmentalpolicythroughbalancingpublichealthandconsumercosts.TheUSEnvironmentalProtectionAgency(EPA)hasbeenmovingforwardwithmanynewenvironmentalpoliciesintendedtoprotectpublichealthandtheenvironment,butthatwillhavecostlyimpactsonmunicipalresourcesandservices.ThissessionwillprovideMayorswithareviewofupcomingmandatesthatwilladdnewlocalcompliancecostsandwilloﬀerinsightsonthetypesofimpactsyourcommunitymightexpect.

Moderator DANGELBERMayorofMiamiBeachChair,EnvironmentStandingCommittee Presentation PFAS-CERCLAandDrinkingWaterStandardsADRIENNENEMURA,P.E.PrincipalGeosyntecConsultants DR.JANETANDERONorCHADSEIDELWaterandHealthAdvisoryCouncil CHRISMOODY,P.E.RegulatoryTechnicalManagerAmericanWaterWorksAssociation Remarks MARYLOUPAULYMayorofIssaquah
Presentation LeadandCopperRule-ExistingandNewRuleSTEVEVIADirector,FederalRelationsAmericanWaterWorksAssociation Remarks KIMNORTONMayorofRochester,MN
DANENESORACEMayorofLancaster,PA
TitleSponsor
18 50
Item # C6.

Draft Agendaof 05/11/23
SATURDAY,JUNE3
OpeningPlenarySession9:30a.m.-11:15a.m.LocationTBD
Programwillbeginat9:35a.m.

Presiding FRANCISX.SUAREZMayorofMiamiPresident,TheUnitedStatesConferenceofMayors PresentationoftheColors
NationalAnthem
Invocation
Welcome ANDREWJ.GINTHERMayorofColumbus,Host
VideoIntroduction TOMCOCHRANCEOandExecutiveDirectorTheUnitedStatesConferenceofMayors Video TheSuarezPresidency
PresidentʼsAddress FRANCISX.SUAREZMayorofMiamiPresident,TheUnitedStatesConferenceofMayors Panel StrengtheningCitySmallBusinessandEntrepreneurEcosystems ThisdiscussionwillfocusonmayoralleadershipinsupportofsmallbusinessandentrepreneurgrowthincitieswithafocusonWellsFargoʼscommitmenttostrengtheningthelocalecosystemtoensuretheirsuccess.

Moderator WellsFargoExecutiveLeaderTBDTitleWellsFargoUSCMPlatinumPartner Panelists HILLARYSCHIEVEMayorofRenoVicePresident,TheUnitedStatesConferenceofMayors ELIZABETHB.KAUTZMayorofBurnsvilleChair,SmallBusinessandEntrepreneurshipTaskForce TitleSponsor
19 51
Item # C6.

Draft Agendaof 05/11/23
SATURDAY,JUNE3
SmallBusinessOwner—WomenEntrepreneursProgramTBD
CommunityDevelopmentFinancialInstitutions(CDFI)FundExecutiveTBD SupportprovidedbyWellsFargo.

Remarks TBA

BESTPRACTICEFORUMS
AdvancingClimateandEquityPlans-AFrameworkforCommunityDesignExcellence11:45a.m.-12:45p.m.LocationTBD Meetingyourcitiesʼclimategoalsiscriticaltoreducingtheriskofcatastrophicweatherevents,andyoucannotmeetthesegoalswithoutaddressinghowbuildingsareconstructedandoperatedinyourcommunity.Thissessionwillhighlightwaysmayorsareutilizingclimateactionplanstoreducerisk,addressaﬀordabilityandimprovehealthoutcomes.Mayorswhoareseekingtoestablishcommunity-basedclimategoals,createanewclimateactionplan,orimplementanexistingplanwilllearnmoreaboutspecificbuilding-relatedissuestoconsiderthroughoutthisprocess.

Moderator TBA
Panelists TBA
SupportprovidedbyAmericanInstituteofArchitects.

TheElectricVehicleRevolution11:45a.m.-12:45p.m.LocationTBD ElectricVehiclesandFleetsarerevolutionizingthenationʼstransportationsystem.HearMayorsandIndustryRepresentativesaboutthedramaticprogressbeingmadeinEVadoptionandcharging.

Moderator DAVIDHOLTMayorofOklahomaCityCo-Chair,ElectricVehiclesTaskForce Panelists JAMAELTITOBROWNMayorofYoungstownCo-Chair,ElectricVehiclesTaskForce TitleSponsor
20 52
Item # C6.

Draft Agendaof 05/11/23
SATURDAY,JUNE3
JOHNGILESMayorofMesa
NATEHILLHeadofEnergyPolicy,NorthAmericaAmazon
SupportprovidedbyAmazon.

SaturdayPlenaryLunch1:00p.m.-3:00p.m.LocationTBD
Programwillbeginat1:15p.m.

Presiding FRANCISX.SUAREZMayorofMiamiPresident,TheUnitedStatesConferenceofMayors ArmchairDiscussion HotelImpact:ElevatingCommunitiesThroughWorkforceDevelopmentOpportunities TheU.S.hotelindustryisacornerstoneforlocaleconomicactivity.Citieswithathrivinghotelbasehaveincreasedemploymentopportunities,greatertaxrevenuestoStateandlocalgovernments,andastreamofhotelguestswhospendmillions-sometimesbillions-inlocaleconomies.Thisconversationwillcenteroncollaborativewayswecangrowandstrengthenadiverselocalworkforce,drivingmoreopportunitiestocitizenslookingforacareerfullofopportunityandgrowth.

Moderator ANNABLUEPresidentAmericanHotel&LodgingAssociationFoundation Discussant TBA
SupportprovidedbytheAmericanHotel&LodgingAssociation.

Greetings LAKISHAANNWOODS,CAEExecutiveVicePresident/ChiefExecutiveOﬀicerAmericanInstituteofArchitects(AIA) Remarks ERICSTEVENSONPresidentNationwideRetirementSolutionsUSCMPlatinumPartner TitleSponsor
21 53
Item # C6.

Draft Agendaof 05/11/23
SATURDAY,JUNE3
Panel HowYoungMayorsareRedefiningCollaborationandShapingtheFutureofLocalGovernment Moderator TBA
Panelists CHOKWEANTARLUMUMBAMayorofJackson,MS
OtherTBA
SupportprovidedbytheWaltonFamilyFoundation.

Panel TBA
Remarks THEHONORABLEMARCIAL.FUDGESecretaryUnitedStatesDepartmentofHousingandUrbanDevelopment CommunityDevelopmentandHousingStandingCommittee3:15p.m.-4:15p.m.LocationTBD Chair WADEKAPSZUKIEWICZMayorofToledo
ConsiderationofProposedResolutions
Remarks TBA
CriminalandSocialJusticeStandingCommittee3:15p.m.-4:15p.m.LocationTBD Chair QUINTONLUCASMayorofKansasCity,MO
ConsiderationofProposedResolutions
Remarks TBA
TitleSponsor
22 54
Item # C6.

Draft Agendaof 05/11/23
SATURDAY,JUNE3
EnvironmentStandingCommittee3:15p.m.-4:15p.m.LocationTBD Chair DANGELBERMayorofMiamiBeach
ConsiderationofProposedResolutions
Remarks TBA
Jobs,Education,andtheWorkforceStandingCommittee3:15p.m.-4:15p.m.LocationTBD Chair KATEGALLEGOMayorofPhoenix
ConsiderationofProposedResolutions
PublicServiceLoanForgiveness:SupportingAmericaʼsFrontlineWorkers Remarks RICHARDCORDRAYChiefOperatingOﬀicerofFederalStudentAidUnitedStatesDepartmentofEducation TechnologyandInnovationStandingCommittee3:15p.m.-4:15p.m.LocationTBD Chair BRUCEHARRELLMayorofSeattle
ConsiderationofProposedResolutions
Remarks TBA
TitleSponsor
23 55
Item # C6.

Draft Agendaof 05/11/23
SATURDAY,JUNE3

BESTPRACTICEFORUMS
ANewEraforIntercityPassengerRail4:45p.m.-5:45p.m.LocationTBD Moderator CHRISKOOSMayorofNormalViceChairforPassengerRail,TransportationStandingCommittee Remarks STEPHENJ.GARDNERChiefExecutiveOﬀicerAmtrak
LearningFromthePasttoBetterPlanfortheNextCensusCount4:45p.m.-5:45p.m.LocationTBD Whatdidwelearnfromthe2020Censusthatcanhelpusimprovethenextcensuscount?Howcanmayorscontinuetomitigate2020Censusundercountsinthepopulationnumbersusedtoallocatevitalresources?JoinusforatimelypaneldiscussionwithmayorsandseniorCensusBureauoﬀicialstolearnwhatmayorscandonowtohelpshapethe2030Census.

Moderator TBA
Remarks TBA
SmallCitiesForum4:45p.m.-5:45p.m.LocationTBD
Moderator TBA
Remarks TBA
TitleSponsor
24 56
Item # C6.

Draft Agendaof 05/11/23
SATURDAY,JUNE3
WorkingwithourFederalLawEnforcementPartnershipstoKeepourCitiesSafe4:45p.m.-5:45p.m.LocationTBD Thissessionwillhighlighthowmayorsandpolicechiefsareworkingandcanworkinpartnershipwithfederallawenforcementagenciestoreduceandrespondtoviolentcrimes.

Moderator TBA
Remarks TBA
RONALDL.DAVISDirectorUnitedStatesMarshalsServiceUnitedStatesDepartmentofJustice TBA
USCMNominatingCommittee(Closed)5:00p.m.-6:00p.m.LocationTBD Chair SYLVESTERTURNERMayorofHouston
Members BRYANK.BARNETTMayorofRochesterHills,MIPastPresident,TheUnitedStatesConferenceofMayors JAMESBRAINARDMayorofCarmel,IN
JANECASTORMayorofTampa
PAIGECOGNETTIMayorofScranton
T.M.FRANKLINCOWNIEMayorofDesMoines
JOHNGILESMayorofMesa
TitleSponsor
25 57
Item # C6.

Draft Agendaof 05/11/23
SATURDAY,JUNE3
TISHAURAO.JONESMayorofSt.Louis
ELIZABETHB.KAUTZMayorofBurnsvillePastPresident,TheUnitedStatesConferenceofMayors LEVARSTONEYMayorofRichmond,VA
LUCYVINISMayorofEugene
ACQUANETTAWARRENMayorofFontana
STEVEWILLIAMSMayorofHuntington,WV
Alternates BRIANC.WAHLERMayorofPiscataway
JAMESHOVLANDMayorofEdina

EVENINGEVENT
TheColumbusWay-KembaLive!7:00p.m.-10:00p.m.

CelebrateColumbusʼvibrantcommunities,filledwithlocalcolors,urbanarts,anddynamicculture.Thiseventistheplatformtohonorthecreativecommunitiesaroundus.Comeseeourcityshineandenjoyanightofentertainment,TheColumbusWay! Transportation:Eveningeventshuttleswilloperateonacirculator30minutespriortoeventstartanduntil1houraereventstart.Allshuttleswilldepartfromthe402HiltonTower.

SuggestedAttire:Casual
TitleSponsor
26 58
Item # C6.

Draft Agendaof 05/11/23
SUNDAY,JUNE4
Registration7:00a.m.-5:00p.m.LocationTBD
MayorsandBusinessLeadersPlenaryBreakfast7:30a.m.-9:00a.m.LocationTBA Programwillbeginat7:50a.m.

Presiding CAROLYNG.GOODMANMayorofLasVegasChair,MayorsBusinessCouncilTaskForce Greetings TOMCOCHRANCEOandExecutiveDirectorTheUnitedStatesConferenceofMayors Greetings CHARLESHALESUrbanPlanningCrossSectorDirectorHDRCo-Chair,MayorsBusinessCouncilSteeringCommittee DAVIDGOLDWATERVicePresident,SeniorPolicyAdvisorStantecCo-Chair,MayorsBusinessCouncilSteeringCommittee Greetings TheRecyclingPartnership
Panel SubjectTBA
Moderator TBA
Panelists JIMCATHEYChiefCommercialOﬀicerQualcommTechnologies,Inc.

OtherTBA
SupportprovidedbyQualcomm.

Panel RespondingtoMassShootings
Severalmayorswhosecitiesexperiencedrecentmassshootingswilltalkabouthowthey navigatedtheaermathofthoseshootings,whattheylearned,andtheiradviceformayors.

TitleSponsor
27 59
Item # C6.

Draft Agendaof 05/11/23
SUNDAY,JUNE4

BESTPRACTICEFORUMS
LeveragingBodyCameraDatatoImproveCommunityTrust9:15a.m.-10:15a.m.LocationTBD Whilebody-worncameras(BWC)areintendedingreatparttoincreasethepublic'strustinthepolice,recentresearchshowsthathasn'thappenedandthattheuseofthesecamerasalonedoesnotsignificantlyimprovepoliceperformanceandaccountability.Inthisforum,wewilldiscusshowBWCdatacanbeusedforcoaching,training,andaccountabilitytoincreasepolicelegitimacy,professionalism,andcitizensatisfactionscoreswithpoliceinteractions.

Moderator JANECASTORMayorofTampa
Panelists MARILYNEZZYASHCRAFTMayorofAlameda
NISHANTJOSHIChief,AlamedaPoliceDepartment
ARTACEVEDOChief,AuroraPoliceDepartment
CHARLESRAMSEYAdvisor,TheUnitedStatesConferenceofMayorsFormerChief,PhiladelphiaandWashingtonD.C.PoliceDepartments SupportprovidedbyTruleo.

ThePowerofPolicy:AHealth-CentricApproachtoGoverning9:15a.m.-10:15a.m.LocationTBD Adoptinghealth-relatedpolicysolutionscanhavereal,lastingimpactsonpeopleʼslives—andhelpbuildvibrant,equitablecommunities.Fromimprovingtheaccessibilityofcitystreetstoensuringfamilieshaveaccesstosafeandaﬀordablehousing,hearfromleadingmayorswhoaretakingahealth-centeredapproachtogoverning.

Moderator TBA
Panelists TBA
RONNIRENBERGMayorofSanAntonio
SupportprovidedbyCityhealth.

TitleSponsor
28 60
Item # C6.

Draft Agendaof 05/11/23
SUNDAY,JUNE4
SubjectTBA9:15a.m.-10:15a.m.LocationTBD
Moderator TBA
Panelists TBA
SupportprovidedbyCrownCastleandIncompas.

SundayMorningPlenarySession10:30a.m.-11:30a.m.LocationTBD Programwillbeginat10:35a.m.

Presiding FRANCISX.SUAREZMayorofMiamiPresident,TheUnitedStatesConferenceofMayors Panel TheLocalInfrastructureHub:ImplementingtheBi-partisanInfrastructureLaw Moderator TBA
Panelists SYLVESTERTURNERMayorofHouston
MATTTUERKMayorofAllentown
SupportprovidedbyBloombergPhilanthropies.

Panel BetterCitiesforPets:StrategiesforKeepingPeopleandTheirPetsTogetherDuringDiﬀicultTimes Moderator TBA
Panelists NADINEWOODARDMayorofSpokane
SYLVESTERTURNERMayorofHouston
SupportprovidedbyMarsPetcare.

Remarks TBA
TitleSponsor
29 61
Item # C6.

Draft Agendaof 05/11/23
SUNDAY,JUNE4

BESTPRACTICEFORUMS
VacantCommercialtoOccupiedResidential:ReimaginingCommercialSpaceasHousing11:45a.m.-12:45p.m.LocationTBD Communitiesacrossthecountryarestrugglingtoprovidehigh-qualityaﬀordablehousing.Thenationneedstobuild266,000apartmentseachyeartokeepupwithdemand.TheNationalApartmentAssociationwillpresentitslatestresearchonwhatʼshappeninginspecificcitiesandmetroareas,andcitieswillshowcasehowtheyareworkingwithhousingindustrygroups,privateemployers,andotherpartnerstoincreaseaﬀordablehousingindowntownsandotherneighborhoods.

Moderator TBA
Panelists TBA
SupportprovidedbytheNationalApartmentAssociation(NAA).

SubjectTBA11:45a.m.-12:45p.m.LocationTBD
Moderator TBA
Panelists TBA
SupportprovidedbyHoneywell.

TitleSponsor
30 62
Item # C6.

Draft Agendaof 05/11/23
SUNDAY,JUNE4
SundayPlenaryLuncheon1:00p.m.-2:30p.m.LocationTBD
Programwillbeginat1:15p.m.

Presiding FRANCISX.SUAREZMayorofMiamiPresident,TheUnitedStatesConferenceofMayors Remarks TBA
Panel UsingClimateDataforBetterCityPlanningandEnhancedResilience Moderator TBA
Panelists VICTORIAWOODARDSMayorofTacoma
KARENMARSHDirector,ResilienceAnalysisandCapacityDevelopmentDivision,RiskManagementDirectorateFederalDisasterManagementAgency SHANNONCARROLLAssistantVicePresident,EnvironmentalSustainabilityAT&T SupportprovidedbyAT&T.

Remarks TBA
AwardsPresentation PoliceReformandEquitableJusticeGrantProgram–PresentationstoMayorsReceivingGrantsinThirdRoundofAwardProgram.

SupportprovidedbyTargetCorporation.

Remarks TBA
TitleSponsor
31 63
Item # C6.

Draft Agendaof 05/11/23
SUNDAY,JUNE4

BESTPRACTICEFORUMS
LocalStrategiestoReduceHomelessness3:00p.m.-4:00p.m.LocationTBD Moderator TBA
Remarks TBA
MICD:AchievingDesignExcellenceandEquitableOutcomesThroughtheRFPProcess3:00p.m.-4:00p.m.LocationTBD Moderator TRINITYSIMONSWAGNERExecutiveDirectorMayorsʼInstituteonCityDesign Remarks TBA
PartneringWiththeVAandDODtoBetterServeVeteransandDefenseCommunities3:00p.m.-4:00p.m.LocationTBD Mayorswillbeinformedaboutvariousprogramsavailabletoassistveteransinneedofhealthcare,educationandtraining,andotherassistance;andaboutinfrastructuregrantsavailabletoassistcommunitieswithmilitaryinstallationscloseby.

Moderator JIMROSSMayorofArlingtonCo-Chair,VeteransAﬀairsTaskForce Remarks TBA
TitleSponsor
32 64
Item # C6.

Draft Agendaof 05/11/23
SUNDAY,JUNE4
PromotingEconomicMobilityinAmericaʼsCities3:00p.m.-4:00p.m.LocationTBD Mayorswilldiscusseconomicmobilityeﬀortsunderwayintheircities,andhowDollarWiseInnovationGrantshavehelpedthemservedisadvantagedresidentsintheircommunities.

Moderator SATYARHODES-CONWAYMayorofMadisonViceChair,CouncilonMetroEconomies&theNewAmericanCity Remarks STEPHANIELOMIBAOSVPPhilanthropyProgramDirectorBankofAmericaCharitableFoundation SHANNONGINTHERColumbusFirstLadyChairColumbusWomenʼsCommission Panelists JUSTINBIBBMayorofCleveland
ANDYSCHORMayorofLansing
SHARETTAT.SMITHMayorofLima
STEVENREEDMayorofMontgomery
SponsoredbytheDollarWiseEconomicMobilityCampaign,anditsfoundingsponsortheBankofAmericaCharitableFoundation SportsinCitiesPostPandemic3:00p.m.-4:00p.m.LocationTBD
Moderator BUDDYDYERMayorofOrlandoChair,MayorsProfessionalSportsAlliance Remarks RICKHORROWAnchorSportfolio
TitleSponsor
33 65
Item # C6.

Draft Agendaof 05/11/23
SUNDAY,JUNE4
ExecutiveCommitteeMeeting(Closed)3:00p.m.-4:00p.m.LocationTBD WomenMayorsLeadershipAllianceofTheU.S.ConferenceofMayorsPlenarySession4:15p.m.-5:15p.m.LocationTBD Thismeetingisopentoall91stAnnualMeetingparticipants.

Programwillbeginat4:15p.m.

Chair VICTORIAWOODARDSMayorofTacoma,WA
ViceChair KATHYSHEEHANMayorofAlbany
Remarks TBA
Panel ResilientWomen:OvercomingAdversityandChallengesinthePublicEye Moderator KATHYSHEEHANMayorofAlbany
Panelists ANGELAF.WILLIAMSPresidentandCEOUnitedWayWorldwide ELIZABETHZ.BARTZPresidentandCEOStateandFederalCommunications,Inc.

MAYORSTBA
TitleSponsor
34 66
Item # C6.

Draft Agendaof 05/11/23
SUNDAY,JUNE4
CommunityLeadersofAmerica(CLA)|ForumforCommunityLeaders(FCL)RepublicanMayorForumReception(ClosedtoPress)5:30p.m.-6:30p.m.LocationTBD Chair JOSEPHC.BORELLICouncilmemberNewYorkCity
DemocraticMayorsAssociationMeeting(ClosedtoPress)5:30p.m.-6:30p.m.LocationTBD President LEVARSTONEYMayorofRichmond,VA
TitleSponsor
35 67
Item # C6.

Draft Agendaof 05/11/23
SUNDAY,JUNE4

EVENINGEVENT
TheSpaceAroundUs-TheCenterOfScienceAndIndustry(COSI)7:00p.m.-10:00p.m.

Columbusisoneofthefastestgrowingcitiesinthecountry.Becauseofthis,wetakeprideinconservingpartsofthecityʼslushgreenerythatmakesColumbusfeellikehome.ThiseventrecognizesthebalancebetweenColumbusʼtechnologicaladvancementsandthethrivingfoliagearoundthecity.ThefutureofColumbusislimitless!Withsomuchtocelebrate,weʼreexcitedtoshowoﬀthespacearoundUS.

Transportation:Eveningeventshuttleswilloperateonacirculatorfrom6:30pmto8:00pm.Allshuttleswilldepartfromthe402HiltonTower.

SuggestedAttire:Casual
CelebrationHonoringOutgoingUSCMPresidentFrancisX.SuarezofMiamiandIncomingUSCMPresidentHillarySchieveofReno9:30p.m.-LocationTBDColumbusHiltonDowntown TitleSponsor
36 68
Item # C6.

Draft Agendaof 05/11/23
MONDAY,JUNE5
Registration7:00a.m.-11:00a.m.LocationTBD
Continentalbreakfastwillbeavailablebeginningat8:00a.m.

MondayMorningPlenary/BusinessSession9:00a.m.-10:30a.m.LocationTBD Programwillbeginat9:35a.m.

Presiding FRANCISX.SUAREZMayorofMiamiPresident,TheUnitedStatesConferenceofMayors DebateandAdoptionbyMembershipofResolutionsReportedoutbytheStandingCommittees VoteonNominatingCommitteeRecommendations
InstallationofOﬀicers
Panel TBA

BESTPRACTICEFORUMS
HowtoTapIntoYourLocalUniversitiesʼResources11:45a.m.-11:45a.m.LocationTBD Moderator TBA
Remarks KATEGARMANBURNSExecutiveDirectorMetrolabNetwork OthersTBA
TitleSponsor
37 69
Item # C6.

Draft Agendaof 05/11/23
MONDAY,JUNE5
InauguralLuncheonHonoringthe81stPresidentofTheUnitedStatesConferenceofMayors12:00p.m.-1:30p.m.LocationTBD Programwillbeginat12:15p.m.

Moderator TOMCOCHRANCEOandExecutiveDirectorTheUnitedStatesConferenceofMayors Performance
VideoPresentation
Address HILLARYSCHIEVEMayorofReno81stPresidentofTheUnitedStatesConferenceofMayors TitleSponsor
38 70
Item # C6.

Draft Agendaof 05/11/23

WORKFORCEDEVELOPMENTCOUNCIL(WDC)
TheWorkforceDevelopmentCouncilisanaﬀiliateorganizationofTheU.S.ConferenceofMayors.

FRIDAY,JUNE2
WorkforceDevelopmentCouncilBoard/AnnualMeeting8:00a.m.-4:00p.m.LocationTBD TAMARAATKINSONChiefExecutiveOﬀicerWorkforceSolutionsCapitalAreaWDCPresident SiteVisit
DesignerBrandsOmnichannelWarehouseOperation2:15p.m.-3:15p.m.DSWDistributionCenter,Columbus (Buseswillbeginloadingat1:30p.m.fora1:45p.m.departure.BuseswillarriveattheDistributionCenterat2:00p.m.Buseswillbeginloadingforareturntriptothehotelat3:15p.m.Buseswillarrivebackatthehotelat3:30p.m.) DesignerBrandsisoneofNorthAmericaʼslargestdesigners,producersandretailersoffootwearandaccessorieswithworld-classdesignandsourcingoperations,arobustwholesalingbusiness,andmorethan1,000pointsofdistribution.CometourtheirflagshipDesignerShoeWarehouse(DSW)“warehousereimagined”concept—astateoftheartomnichannelwarehouse—toseetheimpactoftechnologyonlogisticsandlearnmoreabouthowDSWstaﬀsitsdistributioncenteranddelivershands-ontrainingandinstructiononwarehouseoperationsandotherlogisticssettingstoALLresidentsofColumbus,inatrueeﬀorttoembeddiversity,equity,inclusionandaccessibilityintotheirsuccessfulbusinessmodel.

Draft Agendaof 05/11/23
FRIDAY,JUNE2
JEFFGIRARDSeniorVicePresidentofDistribution&LogisticsDesignerBrandsInc.

KEVINL.MILLERDirectorOpportunitiesforOhioanswithDisabilities SARAHDUPLESSISDirectorFoodforGoodThought
SupportedbytheDepartmentofLaborʼsStateExchangeonEmployment&Disability(SEED)Initiative.

SATURDAY,JUNE3
WorkforceDevelopmentCouncilBoard/AnnualMeeting8:00a.m.-4:00p.m.LocationTBD TAMARAATKINSONChiefExecutiveOﬀicerWorkforceSolutionsCapitalAreaWDCPresident TitleSponsor
40 72
Item # C6.

Draft Agendaof 05/11/23

THEUNITEDSTATESCONFERENCEOFMAYORSPRESIDENTS
FRANCISX.SUAREZ,Miami,FL2022-Present(80th)NANWHALEY,Dayton,OH2021(79th)GREGFISCHER,Louisville,KY2020-2021(78th)BRYANK.BARNETT,RochesterHills,MI2019-2020(77th)STEPHENK.BENJAMIN,Columbia,SC2018-2019(76th)MITCHELLJ.LANDRIEU,NewOrleans2017-2018(75th)MICKCORNETT,OklahomaCity2016-2017(74th)STEPHANIERAWLINGS-BLAKE,Baltimore2015-2016(73rd)KEVINJOHNSON,Sacramento2014-2015(72nd)SCOTTSMITH,Mesa2013-2014(71st)MICHAELA.NUTTER,Philadelphia2012-2013(70th)ANTONIOR.VILLARAIGOSA,LosAngeles2011-2012(69th)ELIZABETHB.KAUTZ,Burnsville2009-2011(68th)GREGNICKELS,Seattle2009(67th)MANUELA.DIAZ,Miami2008-2009(66th)DOUGLASH.PALMER,Trenton2006-2008(65th)MICHAELA.GUIDO,Dearborn2006(64th)BEVERLYOʼNEILL,LongBeach2005-2006(63rd)DONALDL.PLUSQUELLIC,Akron2004-2005(62nd)JAMESA.GARNER,Hempstead2003-2004(61st)THOMASM.MENINO,Boston2002-2003(60th)MARCH.MORIAL,NewOrleans2001-2002(59th)H.BRENTCOLES,Boise2000-2001(58th)WELLINGTONE.WEBB,Denver1999-2000(57th)DEEDEECORRADINI,SaltLakeCity1998-1999(56th)PAULHELMKE,FortWayne1997-1998(55th)RICHARDM.DALEY,Chicago1996-1997(54th)NORMANB.RICE,Seattle1995-1996(53rd)VICTORASHE,Knoxville1994-1995(52nd)JERRYE.ABRAMSON,Louisville1993-1994(51st)WILLIAMJ.ALTHAUS,York1992-1993(50th)RAYMONDL.FLYNN,Boston1991-1992(49th)ROBERTM.ISAAC,ColoradoSprings1990-1991(48th)KATHRYNJ.WHITMIRE,Houston1989-1990(47th)ARTHURJ.HOLLAND,Trenton1988-1989(46th)RICHARDL.BERKLEY,KansasCity1987-1988(45th)JOSEPHP.RILEY,JR.,Charleston1986-1987(44th)ERNESTN.MORIAL,NewOrleans1985-1986(43rd)HERNANPADILLA,SanJuan1984-1985(42nd)RICHARDH.FULTON,Nashville1983-1984(41st)COLEMANA.YOUNG,Detroit1982-1983(40th)HELENG.BOOSALIS,Lincoln1981-1982(39th)RICHARDG.HATCHER,Gary1980-1981(38th)RICHARDE.CARVER,Peoria1979-1980(37th)WILLIAMH.McNICHOLS,JR.,Denver1978-1979(36th)LEEALEXANDER,Syracuse1977-1978(35th)KENNETHA.GIBSON,Newark1976-1977(34th)MOONLANDRIEU,NewOrleans1975-1976(33rd)JOSEPHL.ALIOTO,SanFrancisco1974-1975(32nd) TitleSponsor
41 73
Item # C6.

Draft Agendaof 05/11/23
ROYB.MARTIN,JR.,Norfolk1973-1974(31st)LOUIEWELCH,Houston1972-1973(30th)HENRYW.MAIER,Milwaukee1971-1972(29th)JAMESH.J.TATE,Philadelphia1970-1971(28th)JACKD.MALTESTER,SanLeandro1969-1970(27th)TERRYD.SCHRUNK,Portland,OR1968-1969(26th)JOSEPHM.BARR,Pittsburgh1967-1968(25th)JEROMEP.CAVANAUGH,Detroit1966-1967(24th)NEALS.BLAISDELL,Honolulu1965-1966(23rd)RAYMONDR.TUCKER,St.Louis1963-1965(22nd)ARTHURL.SELLAND,Fresno1963(21st)RICHARDC.LEE,NewHaven1962-1963(20th)ANTHONYJ.CELEBREEZE,Cleveland1962(19th)HAYDONBURNS,Jacksonville1961-1962(18th)RICHARDSONDILWORTH,Philadelphia1960-1961(17th)RICHARDJ.DALEY,Chicago1959-1960(16th)NORRISPOULSON,LosAngeles1958-1959(15th)ROBERTF.WAGNER,NewYork1957-1958(14th)JOHNB.HYNES,Boston1955-1957(13th)ELMERE.ROBINSON,SanFrancisco1953-1955(12th)THOMASA.BURKE,Cleveland1953(11th)MARTINH.KENNELLY,Chicago1952-1953(10th)DAVIDL.LAWRENCE,Pittsburgh1950-1952(9th)W.COOPERGREEN,Birmingham1949-1950(8th)GEORGEW.WELSH,GrandRapids1947-1949(7th)EDWARDJ.KELLY,Chicago1945-1947(6th)FIORELLOH.LAGUARDIA,NewYork1935-1945(5th)DANIELW.HOAN,Milwaukee1934-1935(4th)T.SEMMESWALMSLEY,NewOrleans1933-1934(3rd)JAMESM.CURLEY,Boston1933(2nd)FRANKMURPHY,Detroit1933(1st) TitleSponsor
42 74
Item # C6.

Draft Agendaof 05/11/23

THEUNITEDSTATESCONFERENCEOFMAYORSLEADERSHIP
OﬀicersFRANCISX.SUAREZ,Miami,FL,PresidentHILLARYSCHIEVE,Reno,NV,VicePresidentANDREWGINTHER,Columbus,OH,SecondVicePresident PastPresidentsBRYANK.BARNETT,RochesterHills,MIELIZABETHB.KAUTZ,Burnsville,MN TrusteesJ.CHRISTIANBOLLWAGE,Elizabeth,NJJAMESBRAINARD,Carmel,INLaTOYACANTRELL,NewOrleans,LAJANECASTOR,Tampa,FLJOYCOOPER,HallandaleBeach,FLT.M.FRANKLINCOWNIE,DesMoines,IAJOHNGILES,Mesa,AZTODDGLORIA,SanDiego,CADAVIDHOLT,OklahomaCity,OKTISHAURAO.JONES,St.Louis,MOLORIE.LIGHTFOOT,Chicago,ILSYLVESTERTURNER,Houston,TXACQUANETTAWARREN,Fontana,CA AdvisoryBoardLEIRIONGAYLORBAIRD,Lincoln,NECHRISBARNETT,CharterTownshipofOrion,MIJUSTINBIBB,Cleveland,OHMURIELBOWSER,Washington,DCLUKEBRONIN,Hartford,CTSHARONWESTONBROOME,BatonRouge,LAPAIGEG.COGNETTI,Scranton,PABUDDYDYER,Orlando,FLJERRYDYER,FresnoCAKATEGALLEGO,Phoenix,AZJOSEPHP.GANIM,Bridgeport,CTCAROLYNG.GOODMAN,LasVegas,NVGERARDHUDSPETH,Denton,TXERICJOHNSON,Dallas,TXTIMKELLER,Albuquerque,NMJONMITCHELL,NewBedford,MAKENNETHD.MIYAGISHIMA,LasCruces,NMCHRISTINAMURYN,Findlay,OHRONNIRENBERG,SanAntonio,TXFRANKC.ORTIS,PembrokePines,FLAFTABPUREVAL,Cincinnati,OHSTEVENREED,Montgomery,ALSCOTTSINGER,BocaRaton,FLLEVARSTONEY,Richmond,VABRIANC.WAHLER,Piscataway,NJSTEVEWILLIAMS,Huntington,WVVICTORIAWOODARDS,Tacoma,WA CEOandExecutiveDirectorTOMCOCHRAN
TitleSponsor
43 75
Item # C6.

Travel and Training FY 22-23 Budget Tracking for Council Training/Travel Event Total Remaining Balance
1,431.59$ 3,568.41$
1 2022 League of CA Cities Annual Conference & Expo in Long Beach from 9/7/2022 to 9/9/2022 (canceled, charged for the flight only) $ 157.95 2 2022 LoCC Annual Conference Registration $ 600.00
3 2022 LoCC Conference Refund $ (525.00)
4 2023 LoCC New Mayors and Council Members Academy $ 1,198.64 Training/Travel Event Total Remaining Balance
$ 1,377.60 $ 3,622.40
1 2022 League of CA Cities Annual Conference & Expo in Long Beach from 9/7/2022 to 9/9/2022 (canceled, charged for the flight only) $ 127.96 2 2022 LoCC Annual Conference Registration $ 600.00
3 2022 LoCC Conference Refund $ (525.00)
4 2023 LoCC New Mayors and Council Members Academy $ 1,174.64 Training/Travel Event Total Remaining Balance
$ 2,219.64 $ 2,780.36
1 Working Partnership - Champions for Change Event $ 100.00 2 2022 Elected/Public Officials Retreat & Lunch in Palo Alto, 8/27/2022 $ 10.00 3 2022 GLBTQ+ Asian Pacific Alliance (GAPA) Banquet in Oakland, 10/01/2022 $ 85.00
4 2023 LoCC New Mayors and Council Members Academy $ 1,174.64 5 2023 CivicWell Policymakers Conference Registration $ 1,700.00 6 2023 CivicWell Policymakers Conference Refund $ (850.00) Training/Travel Event Total Remaining Balance
$ 1,198.64 $ 3,801.36
1 2023 LoCC New Mayors and Council Members Academy $ 1,198.64 Training/Travel Event Total Remaining Balance
$ 625.00 $ 4,375.00
1 2023 LoCC New Mayors and Council Members Academy $ 625.00 FY22-23 Amount
Expended/Estimated
Mayor Montano
Councilmember Phan
Councilmember Lien
Vice Mayor Chua
Councilmember Barbadillo
FY22-23 Amount
Expended/Estimated
FY22-23 Amount
Expended/Estimated
FY22-23 Amount
Expended/Estimated
FY22-23 Amount
Expended/Estimated
ATTACHMENT 2
76 Item # C6.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt a Resolution Granting Acceptance of Fire Station No. 2 Replacement, Project No. 3447, Authorizing the City Engineer to file a Notice of Completion, and Authorizing the City to Issue a Notice of Final Acceptance after the One-Year Warranty (Staff Contact: Michael Silveira, Capital Improvement Program Manager, 408-586-3303)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 5/16/2023
Recommendation: Adopt a resolution granting acceptance of Fire Station No. 2 Replacement, Project No. 3447, authorizing the City Engineer to file a Notice of Completion, and authorizing the City Engineer to issue a Notice of Final Acceptance after the one-year warranty.

Background:

On December 15, 2020, t he City Council awarded a construction contract to Sausal Corporation for the Fire Station No. 2 Replacement, Project No. 3447 in the amount of $7,638,200 (“Project”). Fire Station No. 2, located at 1263 Yosemite Drive, was originally constructed in 1968 which had reached the end of its service life. The new 10,300 square foot single story wood frame structure is constructed to me et the current building and fire codes for an essential facility, using sustainable elements and to improve operation efficiencies and response times. The facility includes a community meeting room for public use, three apparatus bays, nine dorm rooms, day room, kitchen, exercise room, gender equality restrooms, drought tolerant landscaping, sustainable green infrastructure such as pervious pavers and rain gardens, and site improvements.

Analysis:

The Project was successfully completed on time and within budget and the station has been in operation since October 2022. Staff recommends that City Council adopt a Resolution (Attachment 1) granting acceptance of the Project and authorizing the City Engineer to file a Notice of Completion in accordance with the provisions of Section 9204 of the Civil Code. Staff also recommends the City Council authorize the City Engineer to issue a notice of final acceptance after the one-year warranty period without further City Council action, provided that all warranty work is completed to the satisfaction of the City Engineer.

Policy Alternative:

Alternative: Do not adopt Resolution and deny Project acceptance, deny filing a notice of completion and not begin the one-year warranty.

Pros: None

Cons: A denial would result in the City being unable to commence the one-year warranty, release the retention to the Contractor and release any funds remaining back into the Project budget.

Reason not Recommended: Denial would result in the City being unable to close out the Project and release any funds remaining back into the Project budget.

Fiscal Impact:

No additional funding is requested for new fire station as the project is now complete. Information Technology and Public Works department budgets for maintenance and operations of this project will be considered during the annual budget development.

77 Item # C7.

California Environmental Quality Act:

The Project qualifies for categorical exemption under Class 2 “Replacement or Reconstruction” as defined in CEQA Guidelines Section 15302.

Recommendations:

Adopt a Resolution granting acceptance of Fire Station No. 2 Replacement, Project No. 3447, authorizing the City Engineer to file a Notice of Completion, and authorizing the City Engineer to issue a Notice of Final Acceptance after the one-year warranty.

Attachments:

Attachment 1: Resolution

78 Item # C7.

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS GRANTING ACCEPTANCE OF THE FIRE STATION NO. 2 REPLACEMENT, PROJECT NO. 3447 WHEREAS, the City of Milpitas has heretofore entered into a contract with Sausal Corporation, for Fire Station No. 2 Replacement, Project No. 3447, in the amount of $7,638,200.00 (“Project”), and the City Engineer of the City of Milpitas has recommended acceptance of said improvement as completed in accordance with plans, specifications and approved change orders and correction lists, and in accordance with the final inspection of said City Engineer.

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

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

2. The City of Milpitas does hereby accept said improvement as completed on this 16th day of May, 202 3, and does hereby authorize and direct the City Engineer of the City of Milpitas to file a Notice of Completion in accordance with the provisions of Section 9204 of the Civil Code of the State of California, and does hereby authorize and direct the City Engineer to file a Certificate of Completion in accordance with the provisions of Section 4005 of the Government Code of the State of California, if said work was by day’s labor or force account.

3. The City Council authorizes the City Engineer to issue the Notice of Final Acceptance after the one -year warranty period without further City Council action, provided all required warranty repairs are completed to the satisfaction of the City Engineer; and nothing herein contained shall in any way be deemed to be a waiver, release or relinquishment by City of any obligations imposed upon the contractor or its surety, or sureties, by law or by the above -referenced improvement contract, save and except those obligations specifically mentioned herein.

PASSED AND ADOPTED this _________ day of ________, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

79 Item # C7.
2 Resolution No. ____

ATTEST: APPROVED:

Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

Michael Mutalipassi, City Attorney

80 Item # C7.
3 Resolution No. ____

Recording Requested by and
When Recorded Mail to:

City of Milpitas
455 East Calaveras Boulevard
Milpitas, CA 95035
Attention: City Clerk

Record without fee under
Section 6103 - Government Code
State of California

CITY OF MILPITAS

NOTICE OF COMPLETION
(Civil Code Section 9204)

NOTICE IS HEREBY GIVEN:

1. On or about December 16, 2020, the City Council of the City of Milpitas, a municipal corporation of the State of California, whose address is City Hall, 455 East Calaveras Boulevard, Milpitas, California, 95035 (as owner) entered into a contract for work of: Fire Station No.2 Replacement, Project No. 3447.

2. A description of the site of which the City is co -owner for said work of improvement is: 1263 Yosemite Drive in the City of Milpitas, Santa Clara County, California, more particularly described on the plans.

3. The name and address of the direct contractor is: Sausal Corporation, 3550 Willow Pass Road, Concord, CA 94519.

4. A general statement of the kind of work done or materials furnished to the City is as follows: The Project provides for construction o f a new 10,300 square foot si ngle story wood frame fire station and corresponding site improvements.

5. Said work of improvement was accepted by the Milpitas City Council as complete on May 16, 2023.

************************************************************************************* I, the undersigned, declare that I am the City Engineer of the City of Milpitas and am authorized to execute the foregoing Notice of Completion and this Verification ther eof. I have read the foregoing Notice of Completion. I declare under penalty of perjury that the foregoing Notice of Completion is true and correct. Executed on May ____, 2023 at Milpitas, California.

__________________________________
Matt Cano, Interim City Engineer/Deputy City
Manager, City of Milpitas
_____________________________________________________________________________________ NOTE: RECORD WITHIN 15 DAYS OF ACCEPTANCE WITH COUNTY RECORDER OF

SANTA CLARA COUNTY
81 Item # C7.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt a Resolution Designating Project No. 4305 Street Resurfacing 2023-2024 to be Funded by SB-1 The Road Repair and Accountability Act of 2017 (Staff Contact: Matt Cano, Deputy City Manager 408-586-3012)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 5/16/2023
Recommendation: Adopt a Resolution Designating Project No. 4305 Street Resurfacing 2023-2024 to be Funded by SB-1 The Road Repair and Accountability Act of 2017

BACKGROUND:

California Senate Bill 1 (SB-1) Road Repair and Accountability Act of 2017 (RMRA) (Chapter 5, Statute of 2017) was signed into law by the Governor in April 2017 to address significant statewide transportation funding shortfalls. The distribution of SB-1 funding to local jurisdictions for road maintenance is based on a population formula. The City of Milpitas is estimated to receive $2,027,406 in SB-1 funding for fiscal year 2023-2024, which begins on September 1, 2023.

ANALYSIS:

The recently adopted (2024-2028) 5-year Capital Improvement Program includes Project No. 4305 Street Resurfacing 2023-2024, the “Project”.

Street locations for the Project (Attachment 1) were selected based on their pavement condition index (PCI) and the pavement management program recommendations designed to maintain the City’s overall pavement condition goal of good or better condition. Currently, the citywide PCI is a 70, which means the City’s pavement condition is in “Good Condition”.

Project No. 4305 Street Resurfacing Project 2023-24 – Estimated Total Project Cost $7.0M  Great Mall Parkway from Highway 880 to Montague Expressway  Thompson Street from Machado Avenue to Great Mall Parkway

The Project is to be partly funded using the estimated $2M in SB-1 funds and is proposed to be in construction summer of 2024. The adoption of a Resolution specifying City projects where SB-1 funding will be used is required to receive the funding, and the approved Resolution must be received by the California Transportation Commission (CTC) no later than July 1, 2023.

As required by the SB-1 RMRA program, staff recommends the City Council adopt a Resolution (Attachment 2) designating Project No. 4305 Street Resurfacing 2023-2024 to be funded using SB-1 funds in Fiscal Year 2023-2024.

POLICY ALTERNATIVE(S):

Alternative 1: Do not adopt a Resolution stating Project No. 4305 Street Resurfacing 2023-2024 is to be funded by SB-1 as required by CTC.

Pros: None.

Cons: To receive the annual SB-1 funding, the required Resolution must be adopted and is required to be received by CTC no later than July 1, 2023.
82 Item # C8.

Reason not Recommended: SB-1 funding is needed to help offset the cost of the annual street resurfacing program to maintain and improve the condition to the City’s pavement infrastructure.

FISCAL IMPACT:

The receipt of annual SB-1 funding for use in the City’s pavement maintenance program is needed to help offset the City costs and will reduce the need for funding from other City sources such as the General Fund. It is anticipated the City will receive $2M in SB-1 funds to be used in Project No. 4305 Street Resurfacing 2023- 2024

California Environmental Quality Act (CEQA):

The project is categorically exempt under Section 15301 of the California Environmental Quality Act guidelines for maintenance of existing facilities.

RECOMMENDATION:

Adopt a Resolution Designating Project No. 4305 Street Resurfacing 2023-2024 to be Funded by SB-1 The Road Repair and Accountability Act of 2017.

Attachment(s):

Attachment 1 – Project Locations Map
Attachment 2 – Resolution

83 Item # C8.

Project Locations Map

Project No. 4305 Street Resurfacing Project 2023-24 (New Project) Great Mall Parkway from Highway 880 to Montague Expressway, and Thompson Street from Machado Avenue to Great Mall Parkway (Streets highlighted in Red)

84 Item # C8.

RESOLUTION NO._______

RESOLUTION ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-2024 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017

WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and

WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City of Milpitas are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and

WHEREAS, the City of Milpitas must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and

WHEREAS, the City of Milpitas, will receive an estimated $2,027,406 in RMRA funding in Fiscal Year 2023- 24 from SB 1; and

WHEREAS, this is the seventh year in which the City of Milpitas is receiving SB 1 funding and will enable the City of Milpitas to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and

WHEREAS, the City of Milpitas has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and

WHEREAS, the City of Milpitas used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and

WHEREAS, the funding from SB 1 will help the City of Milpitas maintain and rehabilitate 131 streets/roads, throughout the City of Milpitas this year and similar projects in the future; and

WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City of Milpitas streets and roads are in a “good” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “good” condition; and

WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE the City Council of the City of Milpitas, State of California, as follows:

Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference. 85 Item # C8.

2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues:

Project Title: Project No. 4305 Street Resurfacing 2024 Project Description: This project consists of AC digout, repair, and overlay, microsurfacing, minor concrete work upgrading existing curb ramps to comply with current ADA requirements, curb and gutter repair, striping, and adjusting utility covers to finished grade Project Location: Great Mall Parkway from Highway 880 to Montague Expressway and Thompson Street from Machado Avenue to Great Mall Parkway
Estimated Project Schedule: Start (04/23)– Completion (12/25) based on the component being funded with RMRA funds
Estimated Project Useful Life: 7-10 years

PASSED AND ADOPTED by the City Council of the City of Milpitas, State of California this _______ day of _______, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

Michael Mutalipassi, City Attorney

86 Item # C8.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt a Resolution Approving the Annual Engineer’s Report, Adopt a Resolution Declaring the City Council’s Intention to Levy and Collect Assessments, and Provide Notice of Public Hearing to be held on June 20, 2023 for Landscaping and Lighting Maintenance Assessment District No. 95-1 (LLMD 95-1 McCarthy Ranch) (Staff Contact: Roberto Alonzo, Principal Civil Engineer, 408-586-3316) Category: Consent Calendar-Community Development
Meeting Date: 5/16/2023
Recommendation: Adopt a resolution approving the Annual Engineer’s Report, adopt a resolution declaring the City Council’s intention to levy and collect assessments, and provide notice of public hearing to be held on June 20, 2023, for LLMD 95-1 McCarthy Ranch.

BACKGROUND:

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

ANALYSIS:

Before the City Council may levy the annual assessments for LLMD 95-1 McCarthy Ranch, the Landscaping and Lighting Act of 1972 requires the City Council to adopt a resolution approving the annual Engineer’s Report (Report) evaluating the landscape and lighting maintenance district’s maintenance and improvement costs for fiscal year 2023-24. On March 7, 2023, the City Council directed the City Engineer to prepare the Report, which is included in the City Council packet. The proposed total assessment for fiscal year 2023-24 is $0.0365 per lot square foot with an assessment rate not exceeding the maximum assessment rate of $0.0543 with a net amount of $430,992 to be assessed. The FY 2023-24 rate is approximately 4.58% higher than the previous year FY 2022-23 rate of $0.0349.

In order to proceed with the annual assessments, the City Council must adopt:
 Resolution approving the Report, and
 Resolution declaring its intent to levy and collect an assessment and direct publishing of notice of a public hearing to be held on June 20, 2023 (collectively the “Resolutions”).

POLICY ALTERNATIVE(S):

Alternative 1:

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

Pros: None.

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

Reason Alternative 1 is Not Recommended: To allow for the continued maintenance and service of LLMD 95-1 McCarthy Ranch, staff recommends approving the Resolutions into order to levy and collect assessments for fiscal year 2023-24.
87 Item # C9.

Fiscal Impact:

The levy and collection of assessments provides a funding resource for the City to improve and maintain public landscaping, irrigation systems, pedestrian lighting, gateway columns and entry signs within LLMD 95-1 McCarthy Ranch.

California Environmental Quality Act:

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

RECOMMENDATION:

Adopt a resolution approving the Annual Engineer’s Report, adopt a resolution declaring its intention to levy and collect assessments, and provide notice of public hearing to be held on June 20, 2023 for LLMD 95-1 McCarthy Ranch.

Attachment(s):

1. Resolution Approving Annual Engineer’s Report

2. Resolution Declaring Intention to Levy and Collect Assessments

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

4. Location Map

88 Item # C9.

RESOLUTION NO. _____

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

APPROVING THE ANNUAL REPORT FOR
THE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 95-1 FOR FISCAL YEAR 2023/24

The City Council of the City of Milpitas (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the City Council previously completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the “Act”) to establish the Landscaping and Lighting Maintenance Assessment District 95-1 (the “Assessment District”); and

WHEREAS, the City Council has retained NBS for the purpose of assisting with the annual levy of the Assessment District, and the preparation and filing of and the report requir ed pursuant to Section 22622 of the Act (the “Annual Report”); and

WHEREAS, the City Council has, by previous resolution, ordered NBS to prepare and file such Annual Report; and

WHEREAS, NBS has prepared and filed such Annual Report with the City Clerk.

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

1. Approval of Report: The City Council hereby approves the Annual Report for the Assessment District concerning the levy of assessments as submitted by NBS for the fi scal year commencing July 1, 2023 and ending June 30, 2024.

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

89 Item # C9.

PASSED AND ADOPTED this day of , 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

_____________________________ _____________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

_____________________________
Michael Mutalipassi, City Attorney

90 Item # C9.

RESOLUTION NO.

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

DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR THE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 95-1 FOR FISCAL YEAR 2023/24

The City Council of the City of Milpitas (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the City Council has retained NBS for the purpose of assisting with the annual levy of the Assessment District, and the preparation and filing of the report required pursuant to Section 22622 of the Act (the “Annual Report”); and

WHEREAS, the City Council adopted a Resolution approving the Annual Report for the Assessment District for Fiscal Year 2023/24.

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

1. Intention: The City Council hereby declares its intention to levy and collect assessments within the Assessment District to pay the costs of the Improvements for the fiscal year commencing July 1, 2023 and ending June 30, 20 24. The City Council finds that the public’s best interest requires such action.

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

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

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

91 Item # C9.

4. Notice of Public Hearing : The City Council hereby declares its intention to conduct a public hearing concerning the levy of assessments in accordance with Section 22629 of the Act . All objections to the assessment, if any, will be considered by the City Council. The public hearing will be held on Tuesday, June 20, 2023 at 7:00 pm or as soon thereafter as is feasible in the meeting place of the City Council located at 455 E. Calaveras Boulevard, Milpitas, CA 95035. The City Council further orders the City Clerk to publish notice of this resolution in accordance with Section 22626(a) of the Act.

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

PASSED AND ADOPTED this day of , 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

_____________________________ _____________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

_____________________________
Michael Mutalipassi, City Attorney

92 Item # C9.

nbsgov.com
Prepared by:

Corporate Headquarters
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516

Fiscal Year 2023/24 Annual Report For:

Landscaping and Lighting Maintenance
Assessment District No. 95-1
April 2023

93 Item # C9.

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

CITY COUNCIL
Carmen Montano, Mayor
Evelyn Chua, Vice-Mayor
Anthony Phan, Council Member
Hon Lien, Council Member
Garry Barbadillo, Council Member

CITY STAFF
Roberto Alonzo, PE, Principal Civil Engineer
Lauren Lai, Finance Director
Christian Di Renzo, Public Works Director

NBS
Tim Seufert, Client Services Director
Amanda Welker, Project Manager
Tom Zetz, Administrator
94 Item # C9.

TABLE OF CONTENTS

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

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

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

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

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

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

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

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

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

4.1 Identification of Benefit ............................................................................................ 7

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

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

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

4.5 Special Benefit Trips ................................................................................................ 12

5. Method of Assessment ................................................................................................. 14

5.1 Introduction ............................................................................................................. 14

5.2 Method of Assessment Spread ............................................................................... 14

5.3 Maximum Assessment Rates .................................................................................. 15

5.4 Appeals .................................................................................................................... 15

6. Assessment Diagram ..................................................................................................... 16

7. Assessment Roll ............................................................................................................ 17

95 Item # C9.

City of Milpitas
Fiscal Year 2023/24 – LLMAD 95-1 Annual Report 1

1. ENGINEER’S LETTER
WHEREAS, in 1995 the City Council of the City of Milpitas (the “City”), State of California, under the Landscaping and Lighting Act of 1972 (the “Act”), created the City of Milpitas Landscaping and Lighting Maintenance Assessment District No. 95-1 (the “District”) in order to provide for the continued maintenance, operation, and administration of various improvements within the boundaries of the District; and
WHEREAS, the City Council has directed NBS to prepare and file a report for Fiscal Year 2023/24 in accordance with Chapter 1, Article 4 of the Act presenting plans and specifications describing the general nature, location and extent of the improvements to be maintained; an estimate of the costs to maintain, operate, and service the improvements for the District for the referenced fiscal year; a diagram for the District showing the area and properties to be assessed; and an assessment of the estimated costs to maintain and service the improvements, stating the net amount to be assessed upon all assessable lots or parcels within the District in proportion to the special benefit received.

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

District Parcels
2023/24
Maximum Assessment
Rate per Lot Sq. Ft.(1)
2023/24
Actual Assessment
Rate per Lot Sq. Ft.
2023/24
Net Amount to be
Assessed(2)(3)
LLMAD 95-1 44 $0.0543 $0.0365 $430,902
(1) The April 1, 2023 CPI was not available at the time of writing of this report. The Fiscal Year 2023/24 CPI increase was estimated using the February 2023/24 CPI.
(2) Amounts placed on the tax roll include the 1% Santa Clara County Collection Fee. (3) This amount is only an estimate and does not reflect the final billed amount with rounding adjustments. Refer to Section 7 for the rounded figure.

I identified all parcels which will have a special benefit conferred upon them from the improvements described in District’s Plans and Specifications section of this Engineer’s Report (the “Benefited Parcels”) have been identified. For particulars as to the identification of said parcels, reference is made to the Assessment Diagram, a copy of which is on file in the office of the City Clerk.

I have assessed the costs and expenses of the improvements upon the Benefited Parcels. In making such assessment:
a. The proportionate special benefit derived by each Benefited Parcel from the improvements was determined in relationship to the entirety of the maintenance costs of the improvements; b. No assessment has been imposed on any Benefited Parcel which exceeds the reasonable cost of the proportional special benefit conferred on such parcel from the improvements; and c. Any general benefits from the improvements have been separated from the special benefits and only special benefits have been assessed.
96 Item # C9.

City of Milpitas
Fiscal Year 2023/24 – LLMAD 95-1 Annual Report 2
I, the undersigned, respectfully submit the enclosed Engineer’s Report and, to the best of my knowledge, information and belief, the Engineer’s Report, Assessments, and the Assessment Diagrams herein have been prepared and computed in accordance with the order of the City Council of the City of Milpitas, the Act, and Article XIIID.

Roberto Alonzo, PE
Principal Civil Engineer
97 Item # C9.

City of Milpitas
Fiscal Year 2023/24 – LLMAD 95-1 Annual Report 3

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

2.1 Location of Improvements
The District is located on the west side of the City of Milpitas, bounded on the east by State Route 880, on the west by Coyote Creek, on the south by State Route 237, and on the north by Dixon Landing Road. The improvements maintained include public landscaping and irrigation improvements, including jogging paths, pedestrian lighting, gateway improvements, and entry signage, which are primarily situated within the public right-of-way and dedicated public easements within the District.

2.2 Landscaping Improvements
Landscaping, pedestrian lighting, gateway, and signage improvements were installed along the roadways and sidewalks within the District to enhance the overall visual appearance for adjacent parcels.

The improvements within the District consist of the maintenance and installation of any or all public landscaping and irrigation improvements adjacent to curbs of the following described streets, including jogging paths, planter walls, grass berms, pedestrian lighting and appurtenant irrigation systems, ornamental planting including lawns, shrubs, and trees; installation and maintenance of gateway columns and entry signs. Such maintenance includes all necessary repairs, replacements, water, electric current, spraying, care, supervision, debris removal and all other items of work necessary and incidental for property maintenance and operation thereof. The landscaping, irrigation, pedestrian lighting, gateway, and signage improvements are collectively referred to as “landscaping improvements.” All such work will be performed in the following areas:

2.2.1 N. MCCARTHY BOULEVARD

1. A strip of land including an earth berm approximately 50 feet in width from face of each curb line, from the southerly connection with Ranch Drive northerly 2,400 feet, more or less, to the northerly connection with Ranch Drive. A strip of land including a grass berm approximately 35 feet in width, west of the face of westerly curb, along the West Side of N. McCarthy Boulevard, from the southerly connection with Ranch Drive, northerly 2,400 feet, more or less. The initial phase includes a strip of land 6 feet wide on the west side of McCarthy Boulevard.

2. Commencing at a location approximately 2,400 feet north of State Route 237 thence proceeding north to the northern boundary of Lands of N. McCarthy, 7,800 feet more or less, a strip of land approximately 27 to 34 feet in width on each side along the east and west sides of McCarthy Boulevard between the northerly connection with Ranch Drive and Dixon Landing Road.

3. A median island from the southerly intersection with Ranch Drive northerly to the intersection with Dixon Landing Road.

98 Item # C9.

City of Milpitas
Fiscal Year 2023/24 – LLMAD 95-1 Annual Report 4

4. Gateway Improvements, at the southerly intersection of N. McCarthy Boulevard and Ranch Drive and southerly of Bridge No. 1 along N. McCarthy Boulevard, including curved stone planter walls, gateway columns with entry sign appurtenant mounding ornamental plantings including flat work, trees and ground cover, irrigation systems; all as shown on landscape plans.

5. Lighting costs in the District are limited to the supplemental pedestrian lights installed on the east side of McCarthy Boulevard between the two intersections at Ranch Drive and McCarthy Boulevard. The conventional lighting along McCarthy Boulevard is not included. There also exists decorative up-lighting for the Gateway Towers in other areas near the southern Ranch Drive intersection of McCarthy.

2.2.2 MILPITAS ENTRY SIGN

1. City of Milpitas Entry Identification Sign along N. McCarthy Blvd., including walls, columns, lighting, and other appurtenances.

2.2.3 RANCH DRIVE

1. Commencing at a Northerly location where the right-of-way of Ranch Drive is contiguous with the right-of-way of Interstate 880, thence southerly, a strip of land approximately 10 feet in width measured from the east face of curb of Ranch Drive, from the northerly connection with Interstate 880 and Ranch Drive, southerly 630 feet, more or less, thence 405 feet south to the southerly end of Gateway location, varying in width from 10 feet to 132 feet, more or less.

2. Gateway Improvements, at the southerly connection of Ranch Drive and Interstate 880, including curved stone planter walls, gateway columns with entry sign appurtenant mounding ornamental plantings including flat work, trees and ground cover, irrigation systems; all as shown on landscape plans (Part A), except the Shopping Center’s Monument Sign. As mentioned above, there also exists decorative up-lighting for the Gateway Towers in other areas near the southern Ranch Drive intersection of McCarthy.

2.3 Capital Improvements
In Fiscal Year 2021/22, the City initiated the design and construction of landscape and irrigation renovation on N. McCarthy Blvd. between State Route 237 and Dixon Landing Road and a portion of Ranch Drive. The landscape and irrigation renovation design has been completed and the project is now in the construction stage.

2.4 Overhead
In addition to the hard costs of maintaining the improvements mentioned above, the City will incur costs for staff time and expenses related to the management and maintenance of the improvements within the District. Staff time includes oversight and coordination of both City and contractor provided services, annual tax roll preparation, and addressing property owner questions and concerns. These activities are directly related to the maintenance of the improvements, and without them the improvements could not be efficiently completed or properly maintained on an ongoing basis. 99 Item # C9.

City of Milpitas
Fiscal Year 2023/24 – LLMAD 95-1 Annual Report 5

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

3.1 District Budget
The Fiscal Year 2023/24 estimated cost budget for the maintenance and servicing of the improvements is as follows:

Description Fiscal Year 2023/24 Budget
Maintenance Staff and Contract Services(1) $271,000
Capital Equipment 0
Supplies 36,800
Utilities (Water, Electricity) 63,000
Reserve Fund 6,830
Capital Improvement Program 66,500
Maintenance Costs $444,130

NBS $4,750
City Staff District Administration 400
County Auditor-Controller Fee(2) 4,006
District Specific Costs $9,156

Total District Costs $453,286
General Benefit Contribution(3) (22,384)
Operating Reserve Contribution 0
Net Amount to be Assessed $430,902

Total District Square Footage(4) 11,792,520
Rate per Square Foot(5)(6) $0.0365
Maximum Rate Per Square Foot – 2023/24(7) $0.0543
(1) Fiscal 2023/24 Landscape Maintenance Contract Services includes Terracare and Irvine Company. (2) County Auditor-Controller Fee is currently 1% of the total levy submittal. (3) General Benefit Contribution is not applied to District Specific Costs as these are special benefits to the District. (4) Total District Square Footage includes the 50% reduction for Parcel 5-7 (Sewer Main Pump Station) and Parcel 5-3C (Storm Pump Station).
(5) The Rate per Square Foot equals the Net Amount to be Assessed / Total District Square Footage. (6) The assessed rate cannot exceed the maximum rate.
(7) The April 1, 2023 CPI was not available at the time of writing of this report. The Fiscal Year 2023/24 CPI increase was estimated by using the February 2023/24 CPI.

100
Item # C9.

City of Milpitas
Fiscal Year 2023/24 – LLMAD 95-1 Annual Report 6

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

Estimated Fiscal Year Ending 6/30/2023 Operating Reserve Cash Balance $166,170 Operating Reserve Collection for Fiscal Year 2023/24 6,830 Estimated Fiscal Year Ending 6/30/2024 Operating Reserve Cash Balance $173,000

3.1.2 CAPITAL IMPROVEMENT BUDGET
The City completed the design and has begun construction of the landscape and irrigation renovations on N. McCarthy Blvd. between State Route 237 and Dixon Landing Road and a portion of Ranch Drive in 2022.

As of January 31, 2023, the balance available for the Capital Improvement Project was $369,000. The City will utilize these funds to finance the project.

101
Item # C9.

City of Milpitas
Fiscal Year 2023/24 – LLMAD 95-1 Annual Report 7

4. SPECIAL AND GENERAL BENEFIT
The improvements defined in Section 2 are expected to confer certain special benefits to parcels within the District. The special benefits are described in this section. Figures in this section are derived from a Special v. General Benefit Analysis performed in Fiscal Year 2020/21.

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

4.2 Special Benefits Identified
The improvements described in Section 2 are expected to confer certain special benefits to parcels within the District. The special benefits conferred to property within the District can be grouped into three primary benefit categories: aesthetic benefit, safety benefit, and economic benefit. The three District benefit categories are further expanded upon below.
• Improved Aesthetics: The aesthetic benefit relates to the increase in the overall aesthetics as a result of the ongoing maintenance, servicing, and operation of the improvements within the District. The landscaping improvements enhance the overall image and desirability of the properties within the District. Street landscaping improvements improve the livability, commercial activity, appearance, and desirability for properties within the District. Regular maintenance ensures that the improvements do not reach a state of deterioration or disrepair so as to be materially detrimental to properties adjacent to or in close proximity to the improvements. The overall appeal of the District is enhanced when improvements are in place and kept in a healthy and satisfactory condition. Conversely, appeal decreases when improvements are not well- maintained, unsafe, or destroyed by the elements or vandalism. Streetscapes have a significant effect on how people view and interact with their community.1 With streetscapes that are safe and inviting, people are more likely to walk, which can help reduce automobile traffic, improve public health, stimulate local economic activity, and attract residents and visitors to the community.2 • Increased Safety: Well maintained areas mitigate crime, especially vandalism, and enhance pedestrian safety. A recent study found that after landscape improvements were installed, there was a 46% decrease in crash rates across urban arterial and highway sites and a second study reviewed found a 5% to 20% reduction in mid-block crashes after trees and planters in urban arterial roads were put in place. In addition, there is less graffiti, vandalism, and littering in outdoor spaces with natural landscapes than in comparable plant-less spaces. 3 The Victoria

1 Victoria Transport Policy Institute. (2011). Community Livability. Helping to Create Attractive, Safe, Cohesive Communities.

Retrieved from http://www.vtpi.org/tdm/tdm97.htm.
2 Ibid.
3 Wolf, Kathleen L. (2010). Safe Streets – A Literature Review. In: Green Cities: Good Health (www.greenhealth.washington.edu).

College of the Environment, University of Washington.
102
Item # C9.

City of Milpitas
Fiscal Year 2023/24 – LLMAD 95-1 Annual Report 8
Transport Policy Institute has found that streetscapes reduce traffic speeds and when combined with improved pedestrian crossing conditions can significantly reduce collisions. 4 • Economic Activity: Well maintained street landscape improvements not only make adjacent properties appear more stable and prosperous but can spur investment in the property. The National Complete Streets Coalition notes that street design that is inclusive of all modes of transportation, where appropriate, not only improves conditions for existing businesses, but also is a proven method for revitalizing an area and attracting new development. 5 Landscaped sidewalks create an inviting place for customers to shop and do business. 6 Well-maintained and safe District areas will encourage an increase in the overall pedestrian activity. The area will become more pedestrian friendly, thus improving the retail environment by encouraging individuals to shop, dine, and stay within the District boundaries. The District will provide a cleaner more inviting environment to businesses and consumers which will attract, retain and expand the retail and business climate throughout. The effort will reduce vacancy rates and increase lease rates and utilization of property within the District.

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

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

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

4.4 Quantification of Benefit
As a result of the maintenance and operation of the improvements, there will be a level of general benefit to people that do not work or intend to conduct business within the District. In order for property within the District to be assessed only for that portion of special benefits received from the District’s maintenance

4 Victoria Transport Policy Institute. (2011). Community Livability. Helping to Create Attractive, Safe, Cohesive Communities.

Retrieved from http://www.vtpi.org/tdm/tdm97.htm.
5 Pugliese, Philip. (2008). Complete Streets provide all the elements of multi-modal transportation. Retrieved from http://www.americantrails.org/resources/trans/completestreets08.html 6 U.S Department of Transportation. Federal Highway Administration. (2001). Designing Sidewalks and Trails for Access, Part II of II: Best Practices Design Guide. Retrieved from http://www.fhwa. dot. gov/ environment/bicycle_pedestrian/publications/sidewalk2/
103
Item # C9.

City of Milpitas
Fiscal Year 2023/24 – LLMAD 95-1 Annual Report 9
activities, general benefits provided by the ongoing maintenance of the improvements needs to be quantified. The amount of general benefit that is provided from the District’s maintenance activities cannot be funded via property owners’ assessments.

Based upon the City’s General Plan, the streets within the City are classified into one of the following categories: freeway, expressway, arterial, collector or local streets. The landscaping improvements are primarily located along N McCarthy Boulevard and Ranch Drive and situated within the public rights-of- way. The portion of the maintained landscaping that is located along N McCarthy Boulevard (classified as an arterial street) provides some general benefit to pass-through traffic.

Arterial streets are intended to provide a higher degree of mobility and generally serve longer vehicle trips.

The landscape improvements within the District boundaries not only serve the parcels in the immediate vicinity, but persons who live outside of the District and are passing by. The City’s most recent traffic study7 completed in 2016 does not identify the percentage of traffic, which is pass-through traffic, but it does provide an estimated number of daily trips for N McCarthy Boulevard at the entrance of the District.

However, the daily trip count estimate is lower than the trip count utilized in the 2015 findings report. This would not be expected with the increase in development to this area. Therefore, In the absence of a more recent reading of traffic along N. McCarthy Boulevard, the 2015 average number of daily trips of 35,050 per the General Plan has been utilized for the base trip count.

In order to account for the estimated increase in daily average trips as a result of the increased development, the City commissioned a traffic study for each new development. Per the traffic studies, it is estimated there will be an increase of 9,156 average daily trips. Adding this increase to the 35,050 previously identified above, the estimated number of average vehicles per day is 44,206 as shown below.

Street Name
Average Number of
Vehicles per Day
N McCarthy Boulevard – between SR 237 and Ranch Drive 44,206

Before the determination and allocation of the percentage of special and general benefit for the District can be made, the estimated pass-through traffic must be computed. The pass-through trips are vehicles driving along the maintained streets for a portion of their trips, but not working, shopping or conducting business in the District or benefiting from the landscaping improvements in place.

Research consistently shows that developments with multiple land uses that make walking safe and convenient and are near other development, allow residents and workers to drive significantly less if they choose. While this District is not a mixed-use development, there are multiple land uses adjacent to one another. Therefore, treating this development area as though the uses were separated and accessible only by car would result in inflated trip counts in comparison to conventional, single-use developments.

In lieu of having a comprehensive traffic study that identifies the pass-through traffic, the estimated number of special benefit trips for each parcel has been determined using the average daily trips according

7 City of Milpitas. (2016 Traffic Study). Retrieved from City’s Assistant Traffic Engineer 104
Item # C9.

City of Milpitas
Fiscal Year 2023/24 – LLMAD 95-1 Annual Report 10
to the ITE Trip Generation Report, 9th Edition8 and the 2010 NCHRP Report 684 Enhancing Trip Capture Estimation for Mixed-use Developments9.

Utilizing the ITE Trip Generation Report, each parcel within the District was assigned an average daily number of special benefit trips using the parcel’s land use, building size or number of units. Further, to ensure the number of trips generated by the parcels has not been overstated, the percentage of total trips that are made internally within the development has been considered. Using the 2010 NCHRP Report 684 Enhancing Trip Capture Estimation for Mixed-Use Developments, the total special benefit trips have been reduced by approximately 31% (19,258 trips) to account for internal trips between the various businesses within the District. The total number of special benefit trips is therefore 42,864 as shown below.

Property Type Combined Trip Generations
Retail (ITE Land Uses 815, 820, 869) 24,978.76
Office (ITE Land Uses 710, 714, 750) 15,832.41
Industrial/Warehousing (ITE Land Uses
140, 150, 151) 8,660.43
Fast-Food Restaurant w/ drive thru (ITE
Land Use 934) 3,925.30
Gas Station (ITE Land Use 945) 3,758.16
Restaurant (ITE Land Uses 931, 932) 3,710.03
Hotel (ITE Land Use 310) 1,256.82
Total Trips 62,121.92
Internal Trip Reduction1 (19,257.79)
Total Adjusted Special Benefit Trips 42,864.12
(1) The internal trip rate percentage was calculated by using the NCHRP 684 Internal Rate Capture Estimation Tool.10

The total of all special benefit trips was removed from the average number of vehicles per day traveling within the District to estimate the number of pass-through trips daily.

Street Name
Average Number
of Vehicles
per Day
Less:

Estimated Special
Benefit Trips
Estimated Number
of Pass
Through Trips
Estimated %
General
Benefit
McCarthy Blvd. 44,206 42,864 1,342 3.04%

Based on the above calculations, the general benefit portion of the improved aesthetics, increased safety, and economic activity benefits resulting from the landscaping improvements is estimated to be 3.04%.

Pass-thru Vehicle General Benefit 3.04%

8 Trip Generation, 9th Edition: An Informational Report of the Institute of Transportation Engineers. (2012) Washington, DC: Institute of Transportation Engineers.
9 Bochner, Brian S., Hooper, Kevin, Sperry, Benjamin and Dunphy, Robert. National Cooperative Highway Research Program, Transportation Research Board of National Academies (2011). NCHRP Report 684 Enhancing Trip Capture Estimation for Mixed - Use Developments. Retrieved from onlinepubs.trb.org/onlinepubs/nchrp/nchrp_rpt_684.pdf 10 Ibid.
105
Item # C9.

City of Milpitas
Fiscal Year 2023/24 – LLMAD 95-1 Annual Report 11
The commonly accepted distance people will walk for public transportation, goods and services is one- quarter mile.11 However, based on the location of the District, and given that it is bounded by State Route 880 and 237, and Coyote Creek, there is not an efficient or practical means of walking into the District.

Although unlikely, a person may decide to use the paths within the District, and as such the general benefit portion of the improved aesthetics, increased safety, and economic activity benefits resulting from the landscaping improvements is estimated to be 1.00%.

Pass-thru Walking General Benefit 1.00%

An estimated 1% of all US trips are made by bicycle12. Although the District is bounded by State Route 880 and 237, and Coyote Creek, there is a bike lane on N McCarthy Boulevard and a bike path along Coyote Creek13. According to the National Household Travel Surveys, 49% of bike trips are for recreation, exercise, and sports14. As result of the District maintenance activities, there will be a level of general benefit to bicycle traffic that is not associated with property in the District. As such the general benefit portion of the improved aesthetics, increased safety, and economic activity benefits resulting from the landscaping improvements is estimated to be .50%, rounded up to 1.00%.

Pass-thru Biking General Benefit 1.00%

Collective District-Wide General Benefit
Since the District is comprised of improved aesthetics, safety, and economic activity benefits resulting from the collective landscaping improvements, the activity of both pedestrians and vehicles must be addressed in a collective form rather than independently. The sum of the calculated general benefits is the total general benefit related to vehicle, walking, and biking pass-thru traffic. This general benefit result is provided in the table below:

Pass-thru Vehicle General Benefit 3.04%
Pass-thru Walking General Benefit 1.00%
Pass-thru Biking General Benefit 1.00%
Total General Benefit 5.04%

The general benefit, which is the percentage of the total budget that must be funded through sources other than assessments, is 5.04%. The special benefit then, which is the percentage of the budget that may be funded by assessments, is 95.00%. This general benefit percentage is in line with the level of general benefit determined by the assessment engineer at formation of the District (less than 10%).

11 Walkscore. (2014). Walk Score Methodology. Retrieved from http://www.walkscore.com/methodology.shtml 12 U.S Department of Transportation. Federal Highway Administration. (2011). Summary of Travel Trends: 2009 National Household Travel Survey. (Report No. FHWA-PL-11-022). Retrieved from http://nhts.ornl.gov 13 City of Milpitas. (2002). General Plan. Retrieved from http://www.ci.milpitas.ca.gov 14 Pucher, J., Buehler R., Meron, F., and Bauman, A. American Journals of Public Health, Supplement 1, Vol 101, No S1 (2011).

Walking and Cycling in the United States, 2001-2009: Evidence from the National Household Travel Surveys. Retrieved from http://www.ncbi.nlm.nih.gov/pubmed/21551387
106
Item # C9.

City of Milpitas
Fiscal Year 2023/24 – LLMAD 95-1 Annual Report 12

4.5 Special Benefit Trips
The detailed breakdown of the estimated special benefit trips for each parcel in the District is shown in the following table.

Assmt ID
Assessor’s
Parcel
Number Land Use Description Acreage
Gross
Leasable
Area
Average
Trip Rate1
Estimated # of
Daily Special
Benefit Trips2
1-1A-1 022-54-016 710 - General office 1.05 8,500 11.03 93.76 1-1A-2 022-54-017(3) 310 – Hotel 3.29 83,310 8.17 680.64 1-1A-3 022-54-018(3) 310 – Hotel 2.31 70,524 8.17 576.18 1-1A-4 022-54-019 934 - Fast Food 0.19 0.00 496.12 0.00 1-1B 022-54-008 934 - Fast Food 0.78 2,912 496.12 1,444.70 1-2 022-54-002 820 - Shopping Center 0.58 5,600 42.70 239.12 1-3 022-54-003 932 - High Vol. Restaurant 1.02 5,465 127.15 694.87 1-4A 022-54-009 869 - Home Superstore 8.47 86,250 20.00 1,725.00 1-4B 022-54-012 820 - Shopping Center 3.02 15,000 42.70 640.50 1-4C 022-54-013 820 - Shopping Center 0.23 10,000 42.70 427.00 1-4D 022-54-015 931 - Quality Restaurant 1.78 8,285 89.95 745.24 1-4E 022-54-014 932 - High Vol. Restaurant 0.64 3,710 127.15 471.73 1-4F 022-54-011 820 - Shopping Center 1.31 9,100 42.70 388.57 1-4G 022-54-010 931 - Quality Restaurant 1.03 7,476 89.95 672.47 2-1 022-53-001 931 - Quality Restaurant 0.75 6,500 89.95 584.68 2-2 022-53-002 820 - Shopping Center 1.23 15,020 42.70 641.35 2-3 022-53-003 820 - Shopping Center 0.76 12,000 42.70 512.40 2-4 022-53-004 934 - Fast Food 0.6 2,000 496.12 992.24 2-5 022-53-005 934 - Fast Food 0.74 3,000 496.12 1,488.36 2-6 022-53-006 820 – Shopping Center 1.19 51,250 45.04 2,308.30 2-7 022-53-007 820 - Shopping Center 21.92 187,134 42.70 7,990.62 3 022-29-016 815 - Discount Superstore 14.56 125,000 50.75 6,343.75 4-1A-1 022-56-005 714 - Corp Headquarters 2.04 115,753 7.98 923.71 4-1A-2 022-56-006 714 - Corp Headquarters 2.06 174,483 7.98 1,392.37 4-1A-3 022-56-007 714 - Corp Headquarters 2.07 174,483 7.98 1,392.37 4-1A-4 022-56-008 Undeveloped 34.52 - - -
4-1A-5 022-56-009 Parking Lot 24.32 - - -
4-1B 022-29-037 Undeveloped 6 - - -
5-1A-1 022-29-034 750 - Office Park 36.49 572,660 11.42 6,539.78 5-2A-1 022-29-035 750 - Office Park 31.31 480,772 11.42 5,490.42 5-3A-1 022-29-040 150 – Warehousing/710
General Office

15.55 313,978 8.87 2,784.67
5-3A-2 022-29-041 931 – Quality Restaurant 0.14 6,015 89.95 541.05 5-3A-3 022-29-042 150 – Warehousing/710
General Office 6.94 136,632 8.87 1,211.79
5-3A-4 022-29-043 150 – Warehousing/710
General Office 7.36 122,208 8.87 1,083.86
5-3A-5 022-29-044 140 - Manufacturing and 710
General Office 7.73 131,331 8.87 1,164.77
5-3B-1A 022-30-054 140 - Manufacturing and 710
General Office 5.63 99,576 8.87 883.14
5-3B-2 022-30-038 Undeveloped 10 - - -
5-3B-3 022-30-039 Undeveloped 5 - - -
5-3C 022-30-0354 Pump Station 0.19 - - 1.00
107
Item # C9.

City of Milpitas
Fiscal Year 2023/24 – LLMAD 95-1 Annual Report 13
Assmt ID
Assessor’s
Parcel
Number Land Use Description Acreage
Gross
Leasable
Area
Average
Trip Rate1
Estimated # of
Daily Special
Benefit Trips2
5-5A-1 022-30-055 815 - Discount Superstore 5.6 74,131 50.75 3,762.15 5-5A-2 022-30-056 915 – Gasoline/Service Station 0.59 3,182 1,181.07 3,758.16 5-5A-3 022-30-057 151 – Mini-Warehouse 3.15 114,707 13.34 1,530.19 5-6 022-30-041 Open Space 0 - - -
5-7 022-30-0494 Sewer Pump Station 9.12 8,500 11.03 1.00 Total Estimated Daily Special Benefit Trips 62,121.92
Internal Trip Reduction5 (19,257.79)
Total Special Benefit Trips 42,864.12
(1) Average Trip Rate per Day is from the Institute of Traffic Engineer’s, Trip Generation Report. 15 (2) Average Number of Special Benefit Trips per Day is the Average Trip Rate times each 1,000 square feet of gross leasable area. (3) Average Number of Special Benefit Trips per Day is the Average Trip Rate times number of hotel rooms for this parcel. (4) Pump Station trips are an estimate.
(5) The internal trip rate percentage was calculated by using the NCHRP 684 Internal Rate Capture Estimation Tool. 16

15 Trip Generation, 9th Edition: An Informational Report of the Institute of Transportation Engineers. (2012) Washington, DC: Institute of Transportation Engineers.
16 Bochner, Brian S., Hooper, Kevin, Sperry, Benjamin and Dunphy, Robert. National Cooperative Highway Research Program, Transportation Research Board of National Academies (2011). NCHRP Report 684 Enhancing Trip Capture Estimation for Mixed - Use Developments. Retrieved from onlinepubs.trb.org/onlinepubs/nchrp/nchrp_rpt_684.pdf 108
Item # C9.

City of Milpitas
Fiscal Year 2023/24 – LLMAD 95-1 Annual Report 14

5. METHOD OF ASSESSMENT

5.1 Introduction
The special benefits that accrue to the properties in the District are limited to those properties that abut an improved public street or which have been obligated by issuance of bonds for necessary public improvements (the “Benefited Parcels”). Other properties in the District receive only a general benefit from the work of the improvements, and there is also some general benefit that accrues to the community as a whole. As outlined in Section 4, the total amount of general benefit from the improvements is determined to be 5.04%.

The Benefited Parcels receive a special benefit proportionate to their net acreage and thus they are assessed on the basis of total net acreage for all costs associated with the maintenance and installation of the District’s improvements, with the following exceptions:
• Of the 9.12 acres of parcel 022-30-049 (sewer pump station), 5.51 acres is the pump station and is not assessable. The remaining 3.61 acres does not benefit from landscaping as much as other Benefited Parcels because it is dedicated to municipal sanitary sewer and storm facilities use and will not otherwise be developed. Therefore, it is assigned a special benefit equal to 50% of other Benefited Parcels.
• Parcel 022-30-035 (storm pump station) does not benefit from landscaping as much as other Benefited Parcels because it is dedicated to municipal sanitary sewer and storm facilities use and will not otherwise be developed. Therefore, it is assigned a special benefit equal to 50% of other Benefited Parcels.
• Parcel 022-29-037 and parcel 022-30-041 are dedicated to open space and therefore do not receive special benefit from the maintenance and improvements.

5.2 Method of Assessment Spread
The amount of assessment levied on each Benefited Parcel in the District, for Fiscal Year 2023/24, is $0.03654 per square foot. The assessment rate was determined by taking the Fiscal Year 2023/24 Net Amount to be assessed ($430,902) divided by the total net square footage of the District (11,792,520 sq. ft.).

The maximum assessment rate for Fiscal Year 2023/24 is approximately $0.0543, which is a preliminary number. Each year the maximum assessment rate per square foot is increased by the percentage change from April 1st of the prior year to April 1st of the current year in the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Indexes, Pacific Cities and U.S. City Average, San Francisco-Oakland- Hayward. The April 1, 2023 CPI was not available at the time of writing of this report. For purposes of this report, the CPI increase was estimated by using the February 2023/24 CPI.

109
Item # C9.

City of Milpitas
Fiscal Year 2023/24 – LLMAD 95-1 Annual Report 15

5.3 Maximum Assessment Rates
The following table provides the historical maximum assessment rate for Fiscal Year 2001/02 through the current fiscal year:

Fiscal Year CPI Percentage Increase(1) Assessment Rate Range(2) 2001/02 189.1 N/A $0.0120 $0.0300
2002/03 193.0 2.06% 0.0122 0.0306
2003/04 197.3 2.23% 0.0125 0.0313
2004/05 198.3 0.51% 0.0126 0.0315
2005/06 202.5 2.12% 0.0129 0.0321
2006/07 208.9 3.16% 0.0133 0.0331
2007/08 215.842 3.32% 0.0137 0.0342
2008/09 222.074 2.89% 0.0141 0.0352
2009/10 223.854 0.80% 0.0142 0.0355
2010/11 227.697 1.72% 0.0144 0.0361
2011/12 234.121 2.82% 0.0149 0.0371
2012/13 238.985 2.08% 0.0152 0.0379
2013/14 244.675 2.38% 0.0155 0.0388
2014/15 251.495 2.79% 0.0160 0.0399
2015/16 257.622 2.44% 0.0163 0.0409
2016/17 264.565 2.70% 0.0168 0.0420
2017/18 274.589 3.79% 0.0174 0.0436
2018/19 283.422 3.22% 0.0180 0.0450
2019/20 294.801 4.01% 0.0187 0.0468
2020/21 298.074 1.11% 0.0189 0.0473
2021/22 309.419 3.81% 0.0196 0.0491
2022/23 324.878 5.00% 0.0206 0.0515
2023/24 337.173 5.30% (3) 0.0217 0.0543
(1) Percentage increase from April 1 of the prior year to April 1 of the current year in the US Department of Labor, Bureau of Labor Statistics, Consumer Price Indexes, Pacific Cities and US City Average, San Francisco-Oakland-Hayward. (2) The left and right column indicate the minimum and maximum assessment rate, respectively. (3) The April 1, 2023 CPI was not available at the time of writing of this report. The Fiscal Year 2023/24 CPI increase was estimated using the February 2023/24 CPI.

5.4 Appeals
Any property owner who feels that the amount of their assessment is in error as a result of incorrect information being used to apply the foregoing method of spread may file an appeal with the Finance Director of the City. Any such appeal is limited to the correction of an assessment during the current or, if before July 1, the upcoming fiscal year. Upon the filing of any such appeal, the Finance Director shall promptly review the information provided by the property owner and if he/she finds that the assessment should be modified, he/she shall have the authority to make the appropriate changes in the assessment roll. If any such changes are provided after the assessment roll has been filed with the County for collection, the Finance Director is authorized to refund to the property owner the amount of any approved reduction.
110
Item # C9.

City of Milpitas
Fiscal Year 2023/24 – LLMAD 95-1 Annual Report 16

6. ASSESSMENT DIAGRAM

The following page provides a copy of the assessment diagram of the District. 111
Item # C9.
112
Item # C9.

City of Milpitas
Fiscal Year 2023/24 – LLMAD 95-1 Annual Report 17

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

A listing of assessor’s parcels assessed within the District for Fiscal Year 2023/24, along with the assessment amounts, is on file in the office of the City Clerk and incorporated herein by reference. Based on County Assessor’s secured roll data, current assessor’s parcels, including corrected and/or new assessor’s parcels, will be submitted and/or resubmitted to the Santa Clara County Auditor/Controller. The annual assessment amount to be levied and collected for the resubmitted parcel(s) shall be determined in accordance with the method of apportionment and assessment rate approved in this report. Therefore, if a single assessor’s parcel has a status change in development, other land use change, or subdivides into multiple assessor’s parcels, the assessment amounts applied to each of the new assessor’s parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment amount.

113
Item # C9.

City of Milpitas
LLMAD No. 95-1
Final Billing Detail Report for Fiscal Year 2023/24
APN Situs Address Net Square Foot Fiscal Year 2023/24 Levy 022-29-016 301 RANCH DR 634,234 $23,175.06
022-29-034 430 N MCCARTHY BLVD 1,589,504 58,080.90
022-29-035 820 N MCCARTHY BLVD 1,363,864 49,835.94
022-29-040 407 N N MCCARTHY BLVD 677,532 24,757.20
022-29-041 507 N N MCCARTHY BLVD 43,691 1,596.46
022-29-042 607 N N MCCARTHY BLVD 302,350 11,047.94
022-29-043 707 N MCCARTHY BLVD 320,732 11,719.64
022-29-044 807 N MCCARTHY BLVD 336,545 12,297.42
022-30-035 4,138 151.20
022-30-038 435,600 15,916.94
022-30-039 1207 N MC CARTHY BLVD 217,800 7,958.46
022-30-049 78,626 2,873.00
022-30-054 907 N MCCARTHY BLVD 245,330 8,964.42
022-30-055 1645 N MCCARTHY BLVD 243,936 8,913.48
022-30-056 1605 N MCCARTHY BLVD 25,875 945.46
022-30-057 1585 N MCCARTHY BLVD 137,040 5,007.46
022-53-001 275 RANCH DR 32,670 1,193.76
022-53-002 179 RANCH DR 53,579 1,957.78
022-53-003 125 RANCH DR 33,106 1,209.68
022-53-004 81 RANCH DR 26,136 955.00
022-53-005 41 RANCH DR 32,234 1,177.84
022-53-006 63 RANCH DR 51,836 1,894.10
022-53-007 11 RANCH DR 954,835 34,889.92
022-54-002 74 RANCH DR 25,265 923.18
022-54-003 84 RANCH AVE 44,431 1,623.52
022-54-008 50 RANCH DR 33,977 1,241.52
022-54-009 120 RANCH DR 368,953 13,481.64
022-54-010 110 RANCH DR 44,867 1,639.44
022-54-011 170 RANCH DR 57,064 2,085.10
022-54-012 200 RANCH DR 131,551 4,806.90
022-54-013 212 RANCH DR 10,019 366.08
022-54-014 190 RANCH DR 27,878 1,018.68
022-54-015 260 RANCH DR 77,537 2,833.20
022-54-016 12 RANCH DR 46,174 1,687.18
022-54-017 30 RANCH RD 143,312 5,236.66
022-54-018 40 RANCH DR 100,624 3,676.80
022-54-019 8,276 302.42
022-56-005 115 N MCCARTHY BLVD 88,427 3,231.12
022-56-006 135 N MCCARTHY BLVD 89,734 3,278.88
022-56-007 155 N MCCARTHY BLVD 90,169 3,294.80
022-56-010 205 N MCCARTHY BLVD 1,488,719 54,398.18
022-56-011 1,074,352 39,257.08
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 1 of 2 04/05/2023 11:04:27AM114 Item # C9.

City of Milpitas
LLMAD No. 95-1
Final Billing Detail Report for Fiscal Year 2023/24
APN Situs Address Net Square Foot Fiscal Year 2023/24 Levy 11,792,520 $430,901.4442 Accounts
11,792,520 $430,901.4442 Total Accounts
Slight variances may occur due to rounding
Copyright © 2013 by NBS Page 2 of 2 04/05/2023 11:04:27AM115 Item # C9.

CITY OF MILPITAS LANDSCAPING MAINTENANCE DISTRICT (LMD) 95-1 (N.T.S.) 2023-2024 FISCAL YEAR LANDSCAPE AREA FUNDED FOR MAINTENANCE 116
Item # C9.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt a Resolution Approving the Annual Engineer’s Report, Adopt a Resolution Declaring the City Council’s Intention to Levy and Collect Assessments, and Provide Notice of the Public Hearing to be held on June 20, 2023, for Landscaping and Lighting Maintenance Assessment District No. 98-1 (LLMD 98-1 Sinclair Horizon) (Staff Contact: Roberto Alonzo, Principal Civil Engineer, 408-586-3316) Category: Consent Calendar-Community Development
Meeting Date: 5/16/2023
Recommendation: Adopt a resolution approving the Annual Engineer’s Report, adopt a resolution declaring the City Council’s intention to levy and collect assessments, and provide notice of the Public Hearing to be held on June 20, 2023, for LLMD 98-1 Sinclair Horizon.

BACKGROUND:

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

ANALYSIS:

Before the City Council may levy the annual assessments for LLMD 98-1 Sinclair Horizon, the Landscaping and Lighting Act of 1972 requires the Council to adopt a resolution approving the annual Engineer’s Report (Report) evaluating the landscape and lighting maintenance district’s maintenance and improvement costs for fiscal year 2023-24. On March 7, 2023, the City Council directed the City Engineer to prepare the Report, which is included in the City Council packet. The proposed total assessment for fiscal year 2023-24 is $516.44 per lot, with an assessment rate not exceeding the maximum assessment rate of $560.54. The total net amount to be assessed is $50,612. The FY 2023-24 rate is approximately 4.53% higher than the previous year FY 2022-23 rate of $493.03.

In order to proceed with the annual assessment, the City Council must also adopt:
 Resolution approving the Report, and
 Resolution declaring its intent to levy and collect an assessment and direct publishing of notice of a public hearing to be held on June 20, 2023 (collectively the “Resolutions”).

POLICY ALTERNATIVE(S):

Alternative 1:

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

Pros: None.

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

Reason Alternative 1 is Not Recommended: To allow for the continued maintenance and service of LLMD 98-1 Sinclair Horizon, staff recommends approving the Resolutions in order to levy and collect assessments for fiscal year 2023-24.
117
Item # C10.

Fiscal Impact:

California Environmental Quality Act:

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

RECOMMENDATION:

Adopt a resolution approving the Annual Engineer’s Report, adopt a resolution declaring the City Council’s intention to levy and collect assessments, and provide notice of the Public Hearing to be held on June 20, 2023, for LLMD 98-1 Sinclair Horizon.

Attachment(s):

1. Resolution Approving Annual Engineer’s Report

2. Resolution Declaring Intention to Levy and Collect Assessments

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

4. Location Map

118
Item # C10.

RESOLUTION NO. ______

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

ANNUAL REPORT FOR THE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 98-1 FOR FISCAL YEAR 2023/24

The City Council of the City of Milpitas (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the City Council has, by previous resolution, ordered NBS to prepare and file such Annual Report; and

WHEREAS, NBS has prepared and filed such Annual Report with the City Clerk.

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

1. Approval of Report: The City Council hereby approves the Annual Report for the Assessment District concerning the levy of assessments as submitted by NBS for the fiscal year commencing July 1, 2023 and ending June 30, 2024.

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

119
Item # C10.

PASSED AND ADOPTED this _______ day of ____________, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

_____________________________ _____________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

_____________________________
Michael Mutalipassi, City Attorney

120
Item # C10.

RESOLUTION NO.

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

DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR THE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 98-1 FOR FISCAL YEAR 2023/24

WHEREAS, the City Council previously completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the “Act”) to establish th e Landscaping and Lighting Maintenance Assessment District No. 98-1 (the “Assessment District”); and

WHEREAS, the City Council adopted a Resolution approving the Annual Report for the Assessment District for Fiscal Year 2023/24.

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

1. Intention: The City Council hereby declares its intention to levy and collect assessments within the Assessment District to pay the costs of the improvements for the fiscal year commencing July 1, 20 23 and ending June 30, 20 24. The City Council finds that the public’s best interest requires such action.

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

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

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

5. Notice of Public Hearing: The City Council hereby declares its intention to conduct a public hearing concerning the levy of assessments in accordance with Section 22629 of the Act. All objections to the assessment, if any, will be considered by the City Council. The public hearing will be held on Tuesday, June 20, 2023 at 7:00 pm or as soon thereafter as is feasible in the meeting place of the City Council located at 455 E. Calaveras 121
Item # C10.
2 Resolution No. ___
Boulevard, Milpitas, CA 95035. The City Council further orders the City Clerk to publish notice of this resolution in accordance with Section 22626(a) of the Act.

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

PASSED AND ADOPTED this _____ day of ___________, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

_____________________________ _____________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

_____________________________
Michael Mutalipassi, City Attorney

122
Item # C10.

nbsgov.com
Prepared by:

Corporate Headquarters
32605 Temecula Parkway, Suite 100
Temecula, CA 92592
Toll free: 800.676.7516

Fiscal Year 2023/24 Annual Report For:

Landscaping and Lighting Maintenance
Assessment District No. 98-1
April 2023

123
Item # C10.

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

CITY COUNCIL
Carmen Montano, Mayor
Evelyn Chua, Vice-Mayor
Anthony Phan, Council Member
Hon Lien, Council Member
Garry Barbadillo, Council Member

CITY STAFF
Roberto Alonzo, PE, Principal Civil Engineer
Lauren Lai, Finance Director
Christian Di Renzo, Public Works Director

NBS
Tim Seufert, Client Services Director
Amanda Welker, Project Manager
Tom Zetz, Administrator

124
Item # C10.