Agenda packet — Milpitas City Council, June 20, 2023 (part 1 of 2)

JOINT MEETING OF THE MILPITAS CITY

COUNCIL AND HOUSING AUTHORITY

June 20, 2023 Milpitas City Council Agenda Page 1

AG E N D A
TUESDAY, JUNE 20, 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_xsT5eBTDRqquSCWg097glw After you register a link will be sent to you to join the City Council meeting in order to give your comments. All Zoom meeting attendees who wish to speak must click on the “raise hand” icon when the Mayor calls for public comments. If participating via phone, dial *9 to use the “raise hand” feature, and when called to speak, dial *6 to unmute your phone. Your phone number will be displayed in the live meeting. The Mayor will call speakers by name to address the City Council.

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

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

MILPITAS CITY COUNCIL CODE OF CONDUCT
 Be respectful and courteous (words, tone, and body language).  Model civility.
 Avoid surprises.
 Praise publicly and criticize privately.
 Focus on the issue, not the person.
 Refrain from using electronic devices while on the Council dais.  Disclose conflicts of interest and affiliations related to agenda items.  Separate governing from campaigning.
 The Council speaks with one voice after making policy on issues.  Respect the line between policy and administration.
 Council will hold one another accountable to comply with this Code of Conduct. 1 June 20, 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) PUBLIC EMPLOYEE APPOINTMENT
Pursuant to Government Code Section 54957
Employee Position: Acting City Manager
(b) CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 1432-1446 S. Main Street
Agency negotiator: Alex Andrade, Economic Development Director Under negotiation: Both price and terms
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 (Vice Mayor Chua)
PUBLIC FORUM (7:05 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 (7:15 PM)
Consent calendar items are considered to be routine and will be considered for adoption by one motion. There will be no separate discussion of these items unless a City Councilmember, member of the audience or staff requests the Council to remove an item from (or be added to) the consent calendar. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar.

C1. Receive City Council Calendar of Meetings for June, July, and August 2023 (Staff Contact:

Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive City Council Calendar of Meetings for June, July, and August 2023.

C2. Approve City Council City Council Meeting Minutes of June 6, 2023 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Approve City Council Special Meeting minutes of June 6, 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.
2 June 20, 2023 Milpitas City Council Agenda Page 3

C4. Approve the Proposed Edits to the Commissioner Handbook, and Revisions to the Bylaws Addendum for the Science, Technology and Innovation Commission (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Approve the proposed edits to the Commissioner Handbook, and the revisions to the Bylaws Addendum for the Science, Technology and Innovation Commission to change meeting frequency, as recommended by the Commission.

C5. Approve Delegation of Authority to the Acting City Manager or Designee to Approve and Execute Project Related Documents and Urgent Administrative Items During the City Council Summer Recess, from the Last City Council Meeting Held in June through August 8, 2023 (Staff Contact: Ashwini Kantak, Acting City Manager, 408-586-3053) Recommendation: Approve delegation of authority to the Acting City Manager, or their designee, to approve and execute project related documents, including contract documents, and urgent administrative items during the City Council summer recess from the last City Council meeting held in June through August 8, 2023.

C6. Approve Changes to the City Council Procedures and Protocols Handbook to allow the use of Electronic Voting (Staff Contact: Ashwini Kantak, Acting City Manager, 408-586-3053; Michael Mutalipassi, City Attorney, 408-586-3041)
Recommendation: Approve changes to the City Council Procedures and Protocols Handbook to allow the use of electronic voting, as part of the implementation of a new Agenda Management system.

C7. Receive the January – March 2023 Report for Unhoused Services (Staff Contact: Alex Andrade, Economic Development Director, 408-586-3046)
Recommendation: Receive the January – March 2023 report for unhoused services.

C8. Adopt a Resolution Granting Acceptance of Public Improvements and Approve a Reduction of the Faithful Performance Bond for the Stratford School Addition and Remodel Commercial Project and Grant Authorization to the City Engineer to Release the Performance Bond after the One-Year Warranty Period;(Staff Contact: Roberto Alonzo, Principal Civil Engineer, 408-586- 3316)
Recommendation: Adopt a resolution granting acceptance of the completed public improvements for the Stratford School Addition and Remodel Commercial Project as shown on Public Improvement Plans No. 2-1357; and approve a reduction in the faithful performance bond to $28,600.00, which is 25% of the security’s original value which shall be in effect for the duration of the warranty period; and grant authorization to the City Engineer to release the performance bond after the one-year warranty period without further City Council action provided that all required warranty work is completed to the satisfaction of the City Engineer.

C9. Approve and Authorize the City Manager to Execute a Stormwater Management Facilities Operation and Maintenance Agreement between the City of Milpitas and Parktown Plaza Pak LLC for the Park Town Plaza Modification Project at 1400 S. Park Victoria Dr. (Staff Contact:

Roberto Alonzo, Principal Civil Engineer, 408-586-3316) Recommendation: Approve and authorize the City Manager to execute a Stormwater Management Facilities Operation and Maintenance Agreement between the City of Milpitas and Parktown Plaza Pak LLC for the Park Town Plaza Modification Project at 1400 S. Park Victoria Dr.

C10. Authorize the Acting City Manager to Execute the Fee Reimbursement Agreement for Transit Area Specific Public Facilities and Public Improvements at the 355 Sango Court Project by 3 June 20, 2023 Milpitas City Council Agenda Page 4

Sango Court L.P. and Approve Budget Change Form for Fiscal Year 2023-24 (Staff Contact:

Roberto Alonzo, Principal Civil Engineer, 408-586-3316) Recommendation: Authorize the Acting City Manager to execute the Fee Reimbursement Agreement for Transit Area Specific Public Facilities and Public Improvements at the 355 Sango Court Project by Sango Court L.P.

C11. Approve Accounts Receivable Write-offs for the Fiscal Year Ending June 30, 2023 (Staff Contact: Lauren Lai, Finance Director, 408-586-3111)
Recommendation: Approve the Accounts Receivable write-offs for the Fiscal Year ending June 30, 2023.

C12. Adopt a Resolution to Approve Compensation Changes Related to Annual Performance Evaluation of the City Attorney as Directed by the City Council (Staff Contact: Nick Raisch, Human Resources Director, 408-586-3086)
Recommendation: Adopt a resolution to approve compensation changes related to Annual Performance Evaluation of the City Attorney as directed by the City Council.

C13. Adopt a Resolution Approving the Sole Source Procurement of Crossing Guard Services; and Approve and Authorize the City Manager to Enter into a 1-Year Agreement with All City Management Services, Inc. for Crossing Guard Services in a Total Amount Not-to-Exceed $781,858.00 for Fiscal Year 2023-24 (Staff Contact: Jared Hernandez, Chief of Police, 408-586- 2406)
Recommendation: Adopt a resolution approving the sole source procurement of Crossing Guard Services; and Approve and authorize the City Manager to enter into a 1-year agreement with All City Management Services, Inc. for Crossing Guard Services in a total amount not-to-exceed $781,858.00 for Fiscal Year 2023-24.

C14. Waive the Second Reading and Adopt Ordinance No. 38.853 Amending the Zoning Map of the City of Milpitas in Accordance with the Provisions of Section 3.03 of Chapter 10 of Title XI of the Milpitas Municipal Code to Change the Zoning Classification of Two Parcels (APNs: 083-40-044 and 083-40-045) Located on the Southwest Corner of South Main Street and Montague Expressway for Consistency with New, Approved General Plan Land Use Designations. (Staff Contact: Ned Thomas, Planning Director, 408-586-3273; and Holly Pearson, Senior Special Projects Associate, 408-609-0072)
Recommendation: (1) Determine that potential environmental impacts associated with the proposed Zoning Map changes have been previously analyzed under the Environmental Impact Report (EIR) for the Milpitas 2040 General Plan certified on March 9, 2021 (per Resolution 9047) and find that since the proposed Zoning Map changes are consistent with the General Plan, no further environmental analysis is required; and (2) Move to waive the second reading and adopt Ordinance No. 38.853 amending the Zoning Map of the City of Milpitas in accordance with the provisions of Section 3.03 of Chapter 10 of Title XI of the Milpitas Municipal Code to change the zoning classification of two parcels (APNs: 083- 40-044 and 083-40-045) located on the southwest corner of South Main Street and Montague Expressway for consistency with new, approved General Plan land use designations.

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 June 20, 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.

PUBLIC HEARINGS (7:20 PM)
Members of the public may be allotted up to three (3) minutes or less at the Mayor’s discretion, to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of ten (10) minutes for opening 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.

16. Conduct a Public Hearing and Adopt a Resolution Confirming the Assessment and Ordering the Levy for the Landscaping and Lighting Maintenance Assessment District No. 95-1, McCarthy Ranch for Fiscal Year 2023-24 (Staff Contact: Roberto Alonzo, Principal Civil Engineer, 408-586- 3316)
Recommendation: Open the public hearing, receive any comments, and move to close the hearing following any testimony, and Adopt a Resolution confirming the assessment and ordering the levy for Landscaping and Lighting Maintenance Assessment District No. 95-1, McCarthy Ranch for Fiscal Year 2023-24.

17. Conduct a Public Hearing and Adopt a Resolution Confirming the Assessment and Ordering the Levy for the Landscaping and Lighting Maintenance Assessment District No. 98-1, Sinclair Horizon for Fiscal Year 2023-24 (Staff Contact: Roberto Alonzo, Principal Civil Engineer, 408- 586-3316)
Recommendation: Open the public hearing, receive any comments, and move to close the hearing following any testimony, and Adopt a Resolution confirming the assessment and ordering the levy for Landscaping and Lighting Maintenance Assessment District No. 98-1, Sinclair Horizon for Fiscal Year 2023-24.

LEADERSHIP AND SUPPORT SERVICES (8:00 PM)

18. Adopt a Resolution to Appoint an Acting City Manager and Consider Acting Pay Effective Upon Adoption and Continuing Until Council Takes Further Action (Staff Contact: Nick Raisch, Human Resources Director, 408-586-3086)
Recommendation: (1) Adopt a resolution to appoint an Acting City Manager effective upon adoption and continuing until council takes further action; and (2) Consider acting pay during the assignment.

19. Receive a Report on the Homekey Project at 1000 Hillview Court, Direct Staff to Establish a Stakeholder Group and Appoint a Council Liaison (Staff Contact: Ashwini Kantak, Acting City Manager, 408-586-3053; and Matt Cano, Deputy City Manager, 408-586-3012) Recommendations: Receive a report on the Homekey Project at 1000 Hillview Court, and direct staff to establish a stakeholder group and appoint a Council liaison to the stakeholder group.

20. Review the List of Agenda Item Requests From Individual Councilmembers and Provide Direction to Staff, Through the Prioritization Process, on Groups 1 Items; Provide Additional Clarification to Staff, If Any, on Group 2 Items (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3053; and Matt Cano, Deputy City Manager, 408-586-3012) Recommendation: (1) Review list of agenda item requests from individual Councilmembers and provide direction to staff, through the prioritization process, on which Group 1 items should be advanced; (2) Provide additional input to staff, if any, on Group 1 items that received Council direction to advance and all Group 2 items; and (3) Provide additional direction on Group 3 items as needed. 5 June 20, 2023 Milpitas City Council Agenda Page 6

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS (10:45 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 (10:50 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
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

12:00 PM- Pride Flag
Raising Ceremony,
Cesar Chavez Plaza
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 6:00 PM-Youth Advisory Commission
(HL)

9 10

11 12

13 4:00 PM- Milpitas HOPE
14 5:45 PM-Special Meeting of Silicon
Valley Clean Energy
7:00 PM-Silicon Valley Clean Energy
Board of Directors (EC) (Cupertino)
7:00 PM-Planning Commission

15 3:00 PM-VTA Safety, Security, and
Transit Planning and Operations
Committee (CM) (San Jose)
5:30 PM-Measure F Oversight
Committee

16 17
11:00 AM-3:00 PM-
Milpitas Cultural Arts
Grant Juneteenth,
Sunnyhills Albert
Augustine
18 19
3:30 PM-City Manager Recruitment
Subcommittee (CM/EC)
4:30 PM-City Council Transportation
Subcommittee (CM/EC)
7:00 PM-Science, Technology, and
Innovation Commission (GB)

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

21 4:00 PM-City Council Finance
Subcommittee (CM/EC)
6:00 PM-Energy and Environmental
Sustainability Commission (EC)

22 5:30 PM-State of the City Address
(CM) Milpitas Council Chambers
23 24
9:00 AM-Philippine
Independence Day
Flag Raising [Cesar
Chavez Plaza]
25 26

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

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

29 30

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

United States Conference of Mayors, Columbus OH (CM)
United States Conference of Mayors, Columbus OH
(CM)
7 Item # C1.

Milpitas City Council Calendar
July 2023

Sunday Monday Tuesday Wednesday Thursday Friday Saturday

1 2

3 4

INDEPENDENCE DAY
City Hall Closed

RED, WHITE & BOOM! CONCERT
AND FIREWORKS SHOW @
Milpitas Sports Center, 6:00 PM

5 2:00 PM-Santa Clara VTA Monthly
Briefing - Northeast Group (CM)
(Santa Clara)

6 5:30 PM-Santa Clara VTA Board of
Directors (CM)
5:30 PM-Milpitas Chamber of
Commerce Board (GB)

7 8

9 10

11 12
7:00 PM-Silicon Valley Clean Energy
Board of Directors (EC) (Cupertino)

13 4:00 PM-Santa Clara VTA Policy
Advisory Committee (EC)
4:00 PM-Treatment Plant Advisory
Committee (CM) (San Jose)
7:00 PM-Cities Assoc of SCC (CM)

14 15

16 17

18 19

20 3:00 PM-VTA Safety, Security and
Transit Planning & operations
Committee (CM) (San Jose)
6:30 PM-Bay Area Water Supply
Conserv Agency (CM) (Oak Room -
San Mateo Main Library)

21 22

23 24

25 26

27 4:00 PM-Silicon Valley Regional
Interoperability Authority (SVRIA)
(GB)

28 29

30 31

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

August 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.

9 Item # C1.

Milpitas City Council Calendar
August 2023

Sunday Monday Tuesday Wednesday Thursday Friday Saturday

1 6:00 PM-National Night Out Citywide
Neighborhoods Events

2 2:00 PM-Santa Clara VTA Monthly
Briefing - Northeast Group (CM)
(Santa Clara)
5:30 PM-Veterans Commission (CM)
7:00 PM-Community Advisory
Commission (EC)

3 5:30 PM-Milpitas Chamber of
Commerce Board (GB)
5:30 PM-Santa Clara VTA Board of
Directors (CM)

4 5

6 7
7:00 PM-Parks, Recreation & Cultural
Resources Commission (HL)

8 5:30 PM-Special Council Meeting

9 4:30 PM-City Council Transportation
Subcommittee (CM/EC)
7:00 PM-Silicon Valley Clean Energy
Board of Directors (EC) (Cupertino)
7:00 PM-Planning Commission

10 4:00 PM-Treatment Plant Advisory
Committee (CM) (San Jose)
4:00 PM-Santa Clara VTA Policy
Advisory Committee (EC)
6:00 PM-Youth Advisory Commission
(HL)
7:00 PM-Cities Assoc of SCC (CM)

11 12

13 14
4:30 PM-Economic Development and
Trade Commission (CM)

15 6:00 PM-Closed Session
7:00 PM-City Council

16 6:00 PM-Energy and Environmental
Sustainability Commission (EC)

17 4:00 PM-VTA Safety, Security, and
Transit Planning & Operations
Committee (CM) [San Jose]

18 19

20 21
7:00 PM-Science, Technology, and
Innovation Commission (GB)

22 1:30 PM-Senior Advisory Commission
(CM)
6:00 PM- Zoning Update Community
Workshop (Virtual)
23 5:30 PM-Cities Assoc. of SCC -
Recycling and Waste Reduction
Commission (CM)
7:00 PM-Planning Commission

24 25

26 27

28 29

30 6:00 PM- Planning Commission
31 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
September 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

10 Item # C1.

JOINT MEETING OF THE MILPITAS CITY

COUNCIL, HOUSING AUTHORITY, AND PUBLIC

FINANCING AUTHORITY

June 6, 2023 Milpitas City Council Minutes Page 1

M I NU TE S
TUESDAY, JUNE 6, 2023

The City Council of the City of Milpitas convened in a Joint Meeting of the Milpitas City Council, Housing Authority, and Public Financing Authority on June 6, 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 6:00 PM. Roll Call was taken by City Clerk Guzzetta.

PRESENT: Mayor Montano, Vice Mayor Chua, Councilmembers Barbadillo, Lien, and Phan (6:04p).

ABSENT: None.

City Attorney Mutalipassi announced the closed session items.

The City Council adjourned to Closed Session at 6:02 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 The City Council reconvened in open session at 7:33 PM
CLOSED SESSION ANNOUNCEMENT:

City Attorney Mutalipassi announced there was nothing to report.

Mayor Montano led a moment of silence for the 3 victims killed in the June 1, 2023 crime spree: Jiwonjot Dhariwal of Milpitas, age 26, Nguyen Pham of San Jose, age 72, and Phuc Pham of San Jose, age 71.

PLEDGE OF ALLEGIANCE
Mayor Montano led the Pledge of Allegiance.

INVOCATION
Vice Mayor Chua presented the invocation.

PRESENTATIONS
Mayor Montano presented a proclamation in recognition of Parks and Recreation Month. Rondi Murray, President of the Police Athletic League Youth Sports Group and Parks, Recreation and Cultural Resources Commissioner, accepted the proclamation and offered remarks. 11 Item # C2.

June 6, 2023 Milpitas City Council Minutes Page 2

Mayor Montano presented a proclamation in recognition of Telugu Pride Day. Members of Telugu community accepted the proclamation and offered remarks.

PUBLIC FORUM
There were the following public speakers:

1. Jacob Abeytia

2. Rob Means

3. Voltaire Montemayor

4. Tom Valore

5. Matthew Tinsley

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

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

APPROVAL OF AGENDA
Motion: to approve the June 6, 2023 Regular Meeting Agenda.

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

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

CONSENT CALENDAR

Motion: to approve the Consent Calendar, pulling Items C5 and C6 Motion/Second: Vice Mayor Chua / Councilmember Lien
Motion carried by the following:

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

There were no public speakers.

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

C2. Approve City Council City Council Meeting Minutes of May 9, 16, and 23, 2023 (Staff Contact:

Suzanne Guzzetta, City Clerk, 408-586-3001)
Approved City Council Special Meeting minutes of May 9 and 23, 2023 and Regular Meeting minutes of May 16, 2023.

12 Item # C2.

June 6, 2023 Milpitas City Council Minutes Page 3

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 provide direction to staff as necessary.

C6. American Rescue Plan Act (ARPA) Workforce Development Program Funding (Staff Contact:

Alex Andrade, Economic Development Director, 408-586-3046; and Margaret Tamisiea, Senior Special Projects Associate, 408-586-3047)
Item pulled from consent calendar.

C7. 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 (Staff Contact: Michael Silveira, Capital Improvement Program Manager, 408- 586-3303)
Adopted Resolution No. 9248 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 authorizing the City Engineer to issue a Notice of Final Acceptance after the one-year warranty.

C8. Adopt a Resolution to Approve Project Plans and Specifications, Award Construction Contract to Joseph J Albanese, Inc for Street Resurfacing 2023 Project No. 4283, 4303, 4304; and Approve Budget Change Form (Staff Contact: Matt Cano, Deputy City Manager, 408-586-3012) Adopted Resolution No. 9249 to approve project plans & specifications; award the construction contract to the lowest responsible, and responsive bidder, Joseph J. Albanese Inc, in the amount of $2,899,299.75 for the Street Resurfacing Project No. 4283, 4303, 4304; Authorize the City Manager to execute the construction contract with Joseph J. Albanese Inc; Authorize the Engineering Director/City Engineer to negotiate and execute Contract Change Order(s) in an aggregate amount not to exceed $434,894.96 for the project; and Approve the Budget Change Form to appropriate funding for CP 4303 and CP 4304.

C9. Adopt Resolutions of the Milpitas City Council and Milpitas Public Financing Authority Board Authorizing Investment of Monies in the Local Agency Investment Fund and Updating Officers’ Information (Staff Contact: Lauren Lai, Finance Director, 408-586-3111) Adopted Resolution No. 9250 / PFA Resolution No. 28 of the Milpitas City Council and Milpitas Public Financing Authority Board authorizing investment of monies in the Local Agency Investment Fund and updating officers’ information.
13 Item # C2.

June 6, 2023 Milpitas City Council Minutes Page 4

C10. Approve and Authorize the City Manager to Execute the Purchase Order with Code 3 Technology for Police Mobile Computer Replacement (Staff Contact: Daniel Nam, Information Technology Director, 408-586-2712)
Approved and authorized the City Manager to execute the purchase order with Code 3 Technology for 32 Getac ruggedized laptop computers for a total amount not-to-exceed $199,991.45.

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 at the Public Works/Information Technology/Police Department Buildings; and (2) Determined by a four- fifths vote that the condition continues to constitute an emergency.

C12. Approve Parks and Recreation and Community Services Programs Donation for a Memorial Bench in Honor of Mikhaila Saso (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409)
Approved the Parks and Recreation Donation for a Memorial Bench for Mikhaila Saso.

C13. Consider Two Fee Waiver Requests from the Samuel Ayer High School Alumni Association and the Filipino Chamber of Commerce (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409)
(1) Approved a Fee Waiver of $1,500.00 for the Samuel Ayer High School Annual Reunion at Murphy Park on September 16, 2023; and (2) Approved a Fee Waiver of $1,485.00 for the Filipino Chamber of Commerce Business Seminar at the Milpitas Community Center on June 24, 2023.

C14. Adopt a Resolution Approving the Application for $301,516.00 Land and Water Conservation Fund Grant from the State Department of Parks and Recreation and Designating the Acting City Manager or Designee as the Authorized Agent on the Grant Agreement with the State of California (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408- 586-3409)
Adopted Resolution No. 9251 approving the submittal of an application for Land and Water Conservation Grant Funds from the State Department of Parks and Recreation and designating the Acting City Manager or Designee as the Authorized Agent on the Grant Agreement with the State of California.

PUBLIC HEARINGS

15. Open the Public Hearing and Adopt Resolutions to Approve the Fiscal Year 2023-24 Operating Budget for the City of Milpitas and the Milpitas Housing Authority, Approve the Fiscal Year 2023-24 Gann Appropriations Limit, Authorize Various Financial Actions, Fiscal Policies and Budget Guidelines, Amend the Classification Plan for Alignment with the FY 2023-24 Budget, the Minimum Wage Increase, and Salary Schedules Consistent with Previous Council Action (Staff Contact: Matt Cano, Deputy City Manager, 408-586-3012; and Lauren Lai, Finance Director, 408-586-3111)
Assistant City Manager Kantak introduced the item. Deputy City Manager Cano and Finance Director Lai presented the report.

14 Item # C2.

June 6, 2023 Milpitas City Council Minutes Page 5

Mayor Montano opened the public hearing.

There were the following public speakers:

1. Tom Valore

2. Rob Means

3. Voltaire Montemayor

Mayor Montano closed the public hearing.

Staff responded to questions from the City Council.

Councilmember Phan questioned the difference between council feedback and the recommended budget. Assistant City Manager Kantak noted that the hearing today was the opportunity to provide final direction.

Councilmember Phan suggested taking a vote before the final motion and inquired on his request to consider cuts to the City Attorney’s office remodel funding. Assistant City Manager responded that the remodel funding cut was presented as an option in the presentation and asked for any specific direction from the Councilmember. Councilmember Barbadillo spoke in agreement for considering a restructure of executive level in the future.

Mayor Montano suggested adding an IT technician in lieu of an IT Analyst.

Councilmember Phan continued and suggested providing direction or voting on a one City Manager / one City Attorney structure and bringing it forward at the start of the next calendar year.

Vice Mayor Chua stressed the importance of ARPA funds being used for Council related projects and noted that by removing the City Attorney office remodel from consideration, the funds allocated to that project could be reallocated to reducing the amount of ARPA funds used to balance the budget. She spoke in support of reviewing the executive structure in the future and provided direction to add language to fiscal policies regarding “instilling a culture of service”, revenue generation, and revenue preservation.

Assistant City Manager Kantak summarized the change to the proposed budget and asked for confirmation on direction to bring back a review the structure of the City Manager’s Office and City Attorney’s Office as part of the Mid-Year Budget or in the next Calendar Year. Mayor Montano asked to include her request for adding an IT Technician in lieu of an IT Analyst. Vice Mayor Chua and Councilmember Phan agreed to bring back a review of the executive structure. Assistant City Manager Kantak asked if there was a specific time recommended to return with the review. Vice Mayor Chua stated at a future date to allow time for analysis, consider market factors such as the economy, and the appointment of a City Manager to allow time to make a better-informed decision.

Mayor Montano asked if there was Council consensus on her request for an IT Technician. Assistant City Manager Kantak noted that replacing an analyst with a technician would negatively impact the departments. Vice Mayor Chua suggested staff look at the workload for the IT Technician position and staff with an analyst if needed; Mayor Montano agreed with this suggestion. Councilmember Phan spoke in support of the IT Analyst position.

After discussion, Vice Mayor Chua made a motion to: (1) Adopt the following resolutions:

(a) Resolution No. 9252 / HA Resolution No. 32 Joint Resolution of the City Council and Milpitas Housing Authority to approve the Fiscal Year 2023-24 Operating Budget the City of Milpitas and the Milpitas Housing Authority, approve the Appropriations Limit, Fiscal Policies and Budget 15 Item # C2.

June 6, 2023 Milpitas City Council Minutes Page 6

Guidelines and authorizing various financial actions by the City Manager, including Approving and Authorizing the Execution of Various Contracts and Payments over $100,000; (b) Resolution No. 9253 Amending Resolution No. 1626, the Classification Plan, to authorize additional positions and amend budgeted allocated positions; (c) Resolution No. 9254 Amending Resolution No. 1626, the Classification Plan, to adjust the hourly rate ranges for classifications due to a minimum wage increase pursuant to Ordinance No. 292;
(d) Resolution No. 9255 Amending Resolution No. 1626, the Classification Plan of Unrepresented Management Employees and Authorizing Fringe Benefits;
(e) Resolution No. 9256 Amending Resolution No. 1626, the Classification Plan, to adjust the Salary Schedules for various classifications to align with the current memorandums of understandings (MOUs);
(2) And incorporate the following direction:
(a) Add language to fiscal policies regarding “instilling a culture of service”, revenue generation, and revenue preservation; and
(b) Reduce the use of ARPA Unallocated Funds to offset General Fund costs and transfer funds from General Government CIP previously proposed for the City Attorney’s Office.

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

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

Vice Mayor Chua made a Motion to: Resolution No. 9257 Amending Resolution No. 1626, the Classification Plan, to authorize additional positions and amend budgeted allocated positions for Human Resources Manager.

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

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

ABSTAIN: Councilmember Lien.

16. Conduct a Public Hearing and Adopt a Resolution Approving a General Plan Amendment (GP23- 0002) to Change the Land Use Designations for 168 Parcels on South Main Street, Generally Located South of Great Mall Parkway and North of Montague Expressway, for Consistency with the Boundaries of the Metro Specific Plan and the Proposed Boundaries of the Draft Gateway- Main Street Specific Plan; and Introduce an Ordinance Amending the Milpitas Zoning Map (ZA23-0001) in Accordance with the Provisions of Section 3.03 of Chapter 10 of Title XI (Zoning) of the Milpitas Municipal Code to Change the Zoning Classification of Certain Parcels (APNs:
083-40-044 and 083-40-045) for Consistency with the New General Plan Land Use Designations (Staff Contact: Ned Thomas, Planning Director, 408-586-3273; and Holly Pearson, Senior Special Projects Associate, 408-609-0072)
Planning Director Thomas and Special Projects Associate Pearson presented the report.

Mayor Montano opened the public hearing.

There were the following public speakers:

1. Armando Gomez

2. Voltaire Montemayor

Mayor Montano closed the public hearing.
16 Item # C2.

June 6, 2023 Milpitas City Council Minutes Page 7

Planning Director Thomas responded to questions from the City Council.

City Attorney Mutalipassi read aloud the title of the ordinance.

After discussion, motion to: (1) Determine that potential environmental impacts associated with the proposed General Plan Map and Zoning Map changes have been previously analyzed under the Environmental Impact Report (EIR) for the Milpitas 2040 General Plan certified on March 9, 2021 (per Resolution 9047) and the Subsequent EIR for the Milpitas Metro Specific Plan certified on February 7, 2023 (per Resolution 9217), and find that since the proposed General Plan Map and Zoning Map changes are consistent with the General Plan and Metro Specific Plan, no further environmental analysis is required; (2) Determine that these actions are exempt from environmental review under the California Environmental Quality Act (CEQA) per CEQA Guidelines Section 15183 (Projects Consistent with a General Plan, Community Plan, or Zoning); (3) Adopt Resolution No. 9258 approving General Plan Amendment GP23-0002; and (5) Waive the first reading beyond the title and introduce Ordinance No. 38.853 amending the Zoning Map of the City of Milpitas in accordance with the provisions of Section 3.03 of Chapter 10 of Title XI (Zoning Ordinance) of the Milpitas Municipal Code to change the zoning classification of two parcels (APNs: 083-40-044 and 083-40-045) for consistency with the new General Plan land use designations.

Motion/Second: Mayor Montano / Councilmember Barbadillo Motion carried by the following:

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

LEADERSHIP AND SUPPORT SERVICES

17. Adopt a Resolution to Appoint Ashwini Kantak as Acting City Manager Effective Upon Adoption and Continuing Until a Permanent Appointment is Made (Staff Contact: Nick Raisch, Human Resources Director, 408-586-3086)
City Attorney Mutalipassi introduced the item and responded to questions from City Council.

There were the following public speakers:

1. Voltaire Montemayor
Councilmember Phan noted that appointment decisions are typically first heard in Closed Session. He voiced concerns that the appointment recommendation didn’t follow previous standards.

Vice Mayor Chua asked to consider the item in Closed Session.

Mayor Montano suggested that it was important to have a City Manager and urged the City Council to move forward and vote.

Mayor Montano made a motion to: adopt a resolution to appoint Ashwini Kantak as Acting City Manager effective upon adoption and continuing until the council takes further action and approve acting pay (10%) commensurate with established practices. Councilmember Lien seconded the motion.

Upon a call for the question, the motion failed with the following vote:

AYES: Councilmember Lien and Mayor Montano
NOES: Councilmembers Barbadillo and Phan, and Vice Mayor Chua.

17 Item # C2.

June 6, 2023 Milpitas City Council Minutes Page 8

Mayor Montano then made a motion to: Appoint Ashwini Kantak as Acting City Manager until council takes further action and considers the appointment and incentives in Closed Session on June 20, 2023.

The motion was seconded by Councilmember Lien.

Motion/Second: Mayor Montano / Councilmember Barbadillo Motion carried by the following:

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

ITEMS PULLED FROM CONSENT CALENDAR

C6. American Rescue Plan Act (ARPA) Workforce Development Program Funding (Staff Contact:

Alex Andrade, Economic Development Director, 408-586-3046; and Margaret Tamisiea, Senior Special Projects Associate, 408-586-3047)
Vice Mayor Chua asked staff to divert the remaining $100,000.00 from the ARPA Workforce Development Grant funds remaining after the action taken on the item and combine with the unallocated ARPA funds remaining after the budget adoption to be allocated later to other ARPA programs. Councilmember Lien asked for clarification and then voice support for the direction. No member of the City Council expressed dissent with the direction.

After discussion, motion to: Approve American Rescue Plan Act (ARPA) Workforce Development grant for Milpitas Unified School District’s Adult Education Career Training Center to support workforce development programming and education services in the amount of $30,000.00.

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

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

C5. Accept the Report for Key 2022 Approved State Laws Impacting Municipal Operations and an Update on 2023 State and Federal Earmark Requests (Staff Contact: Matt Cano, Deputy City Manager, 408-586-3012)
Mayor Montano state that she pulled the item due to a question on grants and those grants applied to for the Main Street Lighting. Deputy City Manager Cano provided an update on possible avenues for funding.

After discussion, motion to: Accept the report for Key 2022 Approved State Laws impacting municipal operations and the 2023 State and Federal Legislative Earmark requests.

Motion/Second: Mayor Montano / Councilmember Barbadillo Motion carried by the following:

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

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS

Councilmember Phan spoke on and recognized the Month of June as Pride Month.

Vice Mayor Chua reported on attending the Pride Celebration over the weekend. 18 Item # C2.

June 6, 2023 Milpitas City Council Minutes Page 9

ADJOURNMENT

Mayor Montano adjourned the meeting at 10:58 PM.

Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta

19 Item # C2.

TENTATIVE CITY COUNCIL AGENDA ITEM LIST
as of 6/15/2023

August 8, 2023 – Regular Meeting

CLOSED SESSION
 Labor Relations

INVOCATION (Councilmember Lien)

PRESENTATION
 American Muslim Appreciation Month (Proclamation)

CONSENT CALENDAR

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

2. Approve City Council Meeting minutes of June 20, 2023 (City Clerk)

3. Preview list of items for August 15, 2023 (City Clerk)

4. Councilmember Request List (City Clerk)

5. Commission Appointments (City Clerk)

6. Report on Emergency HVAC Repairs (Public Works)

PUBLIC HEARING

7. 2023 Weed Abatement Assessment and Resolution (Fire Prevention)

COMMUNITY DEVELOPMENT

COMMUNITY SERVICES

PUBLIC SAFETY

LEADERSHIP

8. CEDAW Recommendations (Recreation)

REPORTS

20 Item # C3.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Approve the Proposed Edits to the Commissioner Handbook, and Revisions to the Bylaws Addendum for the Science, Technology and Innovation Commission (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 6/20/2023
Recommendation: Approve the proposed edits to the Commissioner Handbook, and the revisions to the Bylaws Addendum for the Science, Technology and Innovation Commission to change meeting frequency, as recommended by the Commission.

Background:

On April 16, 2019, Milpitas City Council approved standardized Commission Bylaws and associated addendums for City Commissions. The standardized Commission Bylaws detail a Commission’s operations and afford consistency across the various bodies, allowing for efficiencies in commission management and support. Commission Bylaw addendums capture each individual Commission’s advisory area, meeting date, time, and location, and any special requirements or recommended areas of interest.

Revisions and associated updates to the Commissioner Handbook, Commission Bylaws and Bylaws Addendums have been approved by City Council at various times since the Commissioner Handbook was first adopted by City Council on August 21, 2018.

At the Science, Technology and Innovation Commission Special meeting on May 15, 2023, the Commission unanimously recommended modifying their meeting frequency from bi-monthly to monthly.

Analysis:

This staff report recommends revisions to the Commissioner Handbook, and the Bylaws Addendum for the Science, Technology and Innovation Commission as outlined below.

Commissioner Handbook
The proposed edits to the Commissioner Handbook include the following:
- Welcome Letter
- Renaming Section Titles
- Clarifying Alternate Member duties and actions taken when seated - Providing information on the City Council Liaison role - Defining qualifications for Arts Commission non-voting student members - Revising sections for clarity including “Terms of Service” and “California’s Ralph M. Brown Act” - Adding a section to define possible reasons a Commissioner may be removed from office - Removing language that did not apply to all Commissions - Defining when motions do and do not occur and removing reference to Roll Call votes. - Including the City’s Anti-Discrimination Policy as an Appendix to the handbook - Other non-substantive grammatical and clarifying changes.

Science, Technology and Innovation Commission
The addendum to the bylaws is revised to change meeting frequency from bi-monthly to monthly.

California Environmental Quality Act:

The City Council’s action in making changes to the Commissioner Handbook and Bylaws is exempt from 21 Item # C4.

environmental review pursuant to CEQA Guideline 15378(b)(5) as an organizational or administrative activity of the City that will not result in any direct or indirect physical changes in the environment.

Fiscal Impact:

None.

Recommendation:

Approve the proposed edits to the Commissioner Handbook, and the revisions to the Bylaws Addendum for the Science, Technology and Innovation Commission to change the meeting frequency, as recommended by the Commission.

Attachments:

1. Revised Commissioner Handbook - Redline

2. Revised Commissioner Handbook - Clean

3. Draft Science, Technology and Innovation Commission Bylaws Addendum 22 Item # C4.

CITY OF MILPITAS

COMMISSIONERS HANDBOOK
20232

23 Item # C4.

Adopted by Milpitas City Council on:

August 21, 2018

Revisions Approved by Milpitas City Council on:

January 19, 2021
April 5, 2022
August 19, 2022
24 Item # C4.

Milpitas Commissioner Handbook 2 20232

Welcome to City of Milpitas
Service as a Volunteer Commissioner

455 EAST CALAVERAS BOULEVARD , MILPITAS , CALIFORNIA 95035- 5479 PHONE: 408 -586 -3050, FAX: 408 -586 -3056, www.ci.milpitas.ca.gov www.milpitas.gov

Welcome and congratulations on joining the City of Milpitas team as a City Commissioner or Alternate! I am delighted that you are joining us , as your appointment is important to your Commission’s role in advising the Milpitas City Council as on topics and initiatives important to the Milpitas community.

Included in this Commissioner Handbook is information on areas such as participating in a public meeting, attendance, and the role of Commissioners, the staff and council liaisons. I am hopeful that you will use this handbook as a guide to help you at your meetings and as you work with your Commission on your annual Work Plan and advisory areas.

I look forward to all the great work you will do on your Commission and on behalf of the Milpitas City Council, thank you for your service to the Milpitas community!

Sincerely,

Carmen Montano
Mayor

C ITY OF M ILPITAS

O FFICE OF M AYOR C ARMEN M ONTANO

25 Item # C4.

Milpitas Commissioner Handbook 3 20232
INDEX

I. City Overview, Current City Commissions & Ad Hoc bodiesIntroduction and Overview 4 II. Role of Commissioners, Chair & Vice Chair, City StaffCommission Roles 5 III. Joining and Leaving a CommissionMembership – Application & Appointment, Re- appointment,
III. Term Limits and Orientation

6 – 76

IV. Commission Participation Work plan, Budget, Attendance, Resignation & Participation 87

V. Celebration and Fundraising

9 VI. Ethics and Expected Standards of Performance

10 VII. California’s Ralph M. Brown Act 11

VII. and City of Milpitas Open
VIII. Government Ordinance

121

VIII.IX. Parliamentary Procedure at Meetings
132

IX.X. Resources and Conflict of Interest Guidelines
143

X.XI. Appendices

154

26 Item # C4.

Milpitas Commissioner Handbook 4 20232

27 Item # C4.

Milpitas Commissioner Handbook 5 20232
Introduction and Overview

CITY OVERVIEW
City of Milpitas is a California municipality of approximately 84,000 residents, and was incorporated as a General Law City in January of 1954. Elected City Officers are the Mayor (term of 2 years) and four elected City Councilmembers (terms of 4 years each). Those leaders are elected by Milpitas voters on the ballot in November elections held each even year.

City Council is the body responsible for making all major policy decisions and direction for the City of Milpitas, including adoption of the City’s annual budget. The City Council votes at regular City Council meetings on all expenditures, major land use plans, infrastructure projects and facility and program activities. The Council relies on input from many sources, including the 12 Advisory Commissions and Measure F Oversight Committee, along with other Task Forces, Ad Hoc Committees and residents at large.

CURRENT CITY COMMISSIONS AND COMMITTEES
As of the publication of this manual, the following are 12 City of Milpitas Commissions and 1 Committee for which residents may volunteer to serve by Mayoral appointment:

Arts Commission
Community Advisory Commission
Economic Development and Trade Commission
Energy and Environmental Sustainability Commission
Library and Education Advisory Commission
Parks, Recreation and Cultural Resources Commission
Planning Commission
Public Safety and Emergency Preparedness Commission
Senior Advisory Commission
Science, Technology and Innovation Commission
Veterans Commission
Youth Advisory Commission
Measure F Oversight Committee

All Commissions will consist of seven (7) appointed Commissioners, except the Parks, Recreation and Cultural Resources Commission which will consist of nine (9) appointed Commissioners. All Commissions, except the Planning Commission, will also have 2 appointed Alternate Members, and all Commissions, except the Planning Commission and Youth Advisory Commission, may have one (1) Milpitas resident enrolled in grades 9-12, as a non-voting member. The Arts Commission may have two (2) Milpitas residents enrolled in grades 9-12, one from each Milpitas area public high school, as non-voting members.

28 Item # C4.

Milpitas Commissioner Handbook 6 20232

AD HOC CITIZEN TASK FORCES AND COMMITTEES
From time to time, as needs arise, the Milpitas City Council may choose to appoint residents to serve on ad hoc advisory bodies. Examples include the HOPE (Suicide Prevention) Task Force, and the Ad Hoc HomelessnessCEDAW Task Force, and Citizens Task Force on Water Rates. Each body to which members are appointed by the City Council shall report back to the Council at appropriate intervals and upon conclusion of the task assigned by the Council. Members’ service concludes once a final report is provided to City Council, or as City Council directs.

Role of Commissioners, Alternate Members, Chair & Vice
Chair, City Staff and City Council Commission Roles

Commissioners serve as voluntary members from the community advising the City Council on policies related to the purpose of their Commission. They are expected to attend all meetings, actively participate and deliberate, and vote on any matters that are requested for recommendation to the City Council.

Alternate Members serve only in the absence of a voting member. When a voting Commissioner is absent from a Commission meeting, alternates will be seated at the table or dais to participate in a voting role at the start of the meeting. If a regular voting Commissioner arrives subsequently, that person shall not participate as a voting member and the Alternate Commissioner will continue to serve as a voting member. Otherwise, Alternate members do not deliberate or vote when all regular members are present at the Commission meeting..

Alternate members are appointed by the Mayor and Council, and shall be available to be seated as voting members at a Commission meeting when a voting Commissioner is absent. Alternate members do not deliberate or vote when all regular members are present at the Commission meeting.

Once per year, Commissioners will vote to elect a Chair and Vice Chair of the Commission. The Chair is responsible for leading the regular meetings of the Commission. The Chair shall call the meeting to order, state items to be discussed on the agenda, permit all members the opportunity to be heard, allow for comments from the public, call for a vote when required and work directly with the staff liaison to ensure a successful meeting. The Vice Chair shall serve the role of Chair in the absence of the Chair. No Commissioner shall serve more than three consecutive years as the Chair or Vice Chair of any Milpitas Commission.

29 Item # C4.

Milpitas Commissioner Handbook 7 20232
A City staff liaison to your Commission is available to provide staff support and work closely with the Chair to develop the meeting agendas and any information gathered for benefit of the Commissioners. Staff shall assist in guiding the work of the Commission, provide agendas and take meeting minutes. The City Manager shall assign appropriate staff liaison(s) to each Commission.

Volunteer City Commissioners do not direct or delegate work tasks to staff or Council liaisons. Commission annual work plan activities and assignments are to be completed by Commissioners.

Each Commission, except for the Planning Commission, will be assigned a City Council Liaison. City Council liaisons are non-voting participants, acting in a capacity reflecting the majority opinion of the City Council, which is defined by current or past official City Council action via City Council vote or consensus. The City Council liaison will endeavor to attend all Commission meetings of those bodies to which they are assigned.

The City Attorney may be available to provide legal advice when asked by the staff liaison regarding the Brown Act, parliamentary procedure, or on topics related to the Commission’s business. Except for the Planning Commission, the City Attorney will not attend Commission meetings on a regular basis.

The Milpitas Mayor and City Council together serve as the ultimate deliberative body regarding all business and policy matters for the City of Milpitas. Significant work by Commissions shall result in recommendations to the City Council, which will then vote to approve any City policy or expenditure.

Joining and Leaving a CommissionMembership – Application Process, Method of Appointment, Departure, Terms of
Service and Term Limits

Requirement to serve: the main requirement toto be appointed to most Commissions, you must is to be a current Milpitas resident of Milpitas over the age of eighteen (18). Specific requirements for select Commissions are reflected in the approved Bylaws Addendums. For example, members of the Economic Development and Trade Commission are not required to be residents, however, they shall represent various segments of the business community.

The City Council may appoint one (1) Milpitas resident enrolled in grades 9-12, as a non-voting member,
to a Commission (except the Planning and Youth Advisory Commission). For the Arts Commission, the City Council may appoint two (2) Milpitas residents enrolled in grades 9-12, one from each Milpitas area public high school, as non-voting members.

30 Item # C4.

Milpitas Commissioner Handbook 8 20232

APPLICATION & APPOINTMENT
To apply for service on any City of Milpitas Commission, residents or interested persons shall must complete a Commission Application and submit the form to the City Clerk. The form may be submitted online, in person, by US postal mail or by e- mail. The form is available from the City Clerk’s office or on the City website. If requested, applicants may be asked to complete a supplemental questionnaire.

Copies of applications are provided to the Mayor for his/hertheir consideration. Per Government Code, the Mayor of a General Law city holds the power of appointment, upon confirmation by the City Council. The City Council must vote to affirm all appointments to Commissions by the Mayor.

Applicants may express interest in serving on more than one Commission. However, residents may only serve on one Commission at a time, except by special exception of the City Council. City employees may not be appointed to Commissions.

RE-APPOINTMENT
Appointed Commissioners may seek to be re-appointed upon the expiration of their current term. Re-appointment to a new term is not automatic, but rather must be recommended by the Mayor and confirmed by the City Council. Prior to the end of their term, TheI City Clerk’s Office will contact Commissioners eligible for re- appointment to confirm they seek to be re-appointed. The City Clerk will transmit those requests to the Mayor.

RESIGNATION
If a Commissioner is no longer available or able to serve, they must submit a resignation in writing by sending a written communication to the City Clerk and the Mayor pursuant to City Council Resolution No. 7702. The written resignation must then be accepted by City Council via action on consent calendar at a regular meeting.

By state law, a Notice of Vacancy must then be posted by the City Clerk to invite new applicants for the vacant Commission seat.

TERMS OF SERVICE
The term for each Commission seat is a period of three yearsThe length of a Commissioner’s term of service on a Commission is specified in the Commission by- laws and these do vary by Commission. Alternate members (non-voting) may have shorter terms than voting Commissioners. and the term of service is tied to the Commission seat, not the commissioner. When a Commission term is vacant and a new membernew Commissioner is appointed to fill the a vacancy, the term of service and expiration of the term remains the same as the original appointment, i.e. the expiration and length of the term is staticthey are appointed to fill the remainder of the term assigned to that Commission seat. Alternate Commissioner 31 Item # C4.

Milpitas Commissioner Handbook 9 20232
terms will be tied to the individual appointed for the duration of their service as an alternate.

Commission Participation

BYLAWS AND ORIENTATION BY STAFF
All City of Milpitas Commissions have written By-Laws by which Commissioners and staff abide, which are written by the City Attorney. By-laws may be viewed on the City’s website and are provided to all Commissioners from their staff liaison.

A template for the basic edition of all Commission by-laws is included with this handbook, in the appendix.

Links to all Commission’s By-laws can be found online on each Commission page:
http://www.ci.milpitas.ca.gov/our-government/commission/ http://www.milpitas.gov/318/Commissions

The staff liaison shall provide an orientation in persononboarding to newly appointed Commissioners. Extensive training is provided in particular to the Planning Commission, commensurate with those duties related to land use decision making – serving as a quasi-judicial body - per the Milpitas Municipal Code. It is the commissioner’s responsibility to ensure staff has up-to-date contact information Staff shall ensure that contact information is provided by the Commissioner allowing communication via email for distribution of agendas or other important information.

A nameplate is created for each new Commissioner. Business cards up to 50 each annually may be printed by staff, in house, on City standard format for Commissioners for City business purposes only. City of Milpitas business cards with City logo may not be printed privately or by an outside party.

ANNUAL WORKPLAN
Each Commission shall discuss and prepare its annual work plan, which shall be submitted and approved by City Council. The work plan is a list of the anticipated topics, assignments and goals that Commissioners will focus on over a 12 months’ period. In turn, the Council may request an annual report listing accomplishments of each Commission based on the work plan. All Annual Reports may be presentedwill be submitted at one meeting to the City Council annually.

ANNUAL BUDGET
City Council shall allocate $1,000 annually for each Commission. Funds are to be used towards City Council approved Work Plan tasks and projects, and administrative costs related to the Commission. Those Commissions that determine a need for additional funding shall return to City Council with a stated request for more funds and the purpose for those. City Council shall approve or deny any request for such expenditures.
32 Item # C4.

Milpitas Commissioner Handbook 10 20232

REQUIRED ATTENDANCE / POLICY FOR REMOVAL
All appointed Commissioners (and Committee or other ad hoc body members) are expected to attend all regular meetings. Meetings are scheduled at specified times each month or at regular intervals. Attendance and participation in the business of the Commission is necessary for the success of the Commission in achieving its annual work plan goals. When a Commissioner is unable to attend a meeting, it is courteous to notify the City staff liaison and Commission Chair of expected absence.

Attendance is tracked by staff and the City Clerk shall report to the City Council quarterly. If any Commissioner is absent from three or more meetings in a year, that information will be reported to the City Council and can be grounds for removal. This policy allows for another resident to be appointed to the Commission.

POLICY FOR REMOVAL
Commissioners serve at the pleasure of the Mayor and City Council. Commissioners or alternates may be removed for reasons including, but not limited to, the following:

1. Failure to Adhere to Attendance Requirements

2. Harassment of Staff

3. Racist/Sexist Remarks Towards the Public or Other Commissioners

4. Misrepresentation

5. Failure to Meet the Requirements to Serve on a Commission

6. Failure to Adhere to the Ethical Standards Expected of a Commissioner.

RESIGNATION
If a Commissioner is no longer available to serve, he or she must submit resignation in writing by sending a written communication to the Mayor and the City Clerk. This is per adopted City Council Resolution No. 7702. The written resignation must then be accepted by City Council via action on consent calendar at a regular meeting.

By state law, a 20-day Notice of Vacancy must then be posted by the City Clerk to invite new applicants for the vacant Commission seat.

PARTICIPATION
When attending Commission meetings, all voting members have the opportunity and right to participate and be heard. The Chair of the Commission holds the responsibility for decorum at the meetings, and shall permit each Commissioner to offer comments and make any motions on matters on the meeting agenda.

Additionally, certain Commissions expect participation outside of regularly scheduled meetings.some Commissions expect participation by Commissioners outside of the regular meetings. For example, Planning Commissioners may attend 33 Item # C4.

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the annual Planners Institute offered by the League of California Cities. Several Commissions participate in various joint events throughout the year and other participation in Commission events may be required, as identified in the adopted annual work plan.

CELEBRATION
The Mayor and City Council appreciate the service of each and every Commissioner.

As a way to express their appreciation, once each year in the spring, the City Council hosts an event to honor current Commissioners for their service. This may be a luncheon event at the Community Center or another facility. Each The Mayor and City Council will determine and plan the celebration annually, as desired and budgetedwill allocate funding for the recognition event during the annualregular budget processcycle., for the Commissioners, Alternate Members and their guests to enjoy.

FUNDRAISING
Several Certain Commission work plans (approved by City Council) call for fundraising efforts. , and tThose funds may then be utilized for events, contributions to non-profits, or for other City services. provision. Money raised on behalf of the City of Milpitas will be held by the City of Milpitas as part of and in accordance with best practices of the city’s Finance Department. Any requests forDisbursement of those funds to be dispersed will require City Council approval. City staff will work with Commissions to ensure proper accounting procedures and practices are followed to reflect compliance with City and state regulations alongside ethical action.

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Ethics and Expected Standards of Performance

City Commissioners are representatives of the City while serving in their role as volunteer Commissioners, both while in attendance at meetings and while present at City functions as a Commissioner. All Commissioners and Alternate Members shall adhere to ethical behaviorbehave ethically at all times and that entailsin compliance with the City of Milpitas Anti-Discrimination, Harassment, and Retaliation Policy and Standard Operating Procedure 16-1 “Code of Conduct for Public Officials” (see Aappendix B and C). The code requires dedicated service, equal treatment, under-standing of potential for and avoiding conflicts of interest, and not refraining from participating in political activity while performing representing the Commission duties.

City officials including appointed City Commissioners shall be required to participate in state-mandated ethics training (commonly referred to as AB1234). Such training is available online from the FPPC, on YouTube, and from the City Attorney.

Here are links to ethics training courses available:

Fair Political Practices Commission:
http://www.fppc.ca.gov/learn/public-officials-and-employees-rules-/ethics- training.html

Institute for Local Government:
http://www.ca-ilg.org/ethics-education-ab-1234-training

Upon completion of the training, Commissioners shall file a signed certificate with the City Clerk, which shall remain on file in the Clerk’s office for the length of service of the Commissioner.

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California’s Ralph M. Brown Act

The Brown Act or Open Meetings law is found in the California Government Code section 54950 et seq. This significant lawThe Brown Act was enacted in 1953 to promote transparency and guarantee the public’s right to attend and participate in all meetings of local legislative bodies. Those bodies include temporary or permanent commissions, committees, boards or other body bodies of a local agency, whether permanent or temporary, acting as either a decision-making body (such as Planning Commission) or advisory body (all others). Most importantly, according to this law, all meetings must be properly noticed for participants and for the public. City staff must ensure this occurs for all Commissions.

Notably, a majority of the members of any Commission may not discuss or deliberate on any business within the subject matter jurisdiction of the Commission except at a noticed meeting, and this includes in person interactions as well as serial or indirect communications.

Agendas for all meetings must be posted in advance of the meeting at the location of the meeting site and freely accessible to members of the public. In addition, agendas and minutes must also be posted to the City of Milpitas website. For meetings conducted at Milpitas City Hall, those agendas are posted on the outside noticing board for this purpose at the northwest entry to the building.

The agenda for a regular meetingRegular Meeting agendas must be posted in a location at the meeting site and freely accessible to members of the public at least 72 hours before the meeting. Regular meeting dates and times are established in the bylaws or bylaws addendums of those bodies.

Special Meetings are Aany meeting scheduled outside of the regularly established meeting date and time not established as a regular meeting is a “Special” meeting and. aThe agenda for a special meeting agenda must be posted at least 24 hours prior in advanceto the meeting. Agendas must be posted at the building where the meeting occurs, and in Milpitas, also on the City’s website. Agendas for all meetings held at Milpitas City Hall are posted on the outside board for this purpose at the northwest entry to the building.

Meetings that are improperly noticed will be cancelled.

Meetings that are not properly noticed are not permitted. That would include “serialSerial” meetings, – which would be whenwhere one Commissioner contacts another, who then contacts another Commissioner by phone, e-mail or in person, to discuss commission business and develop a majority consensus are explicitly prohibited by the Brown Act. All business of the Commission must be listed on thedetailed on an agenda, posted in advance, and discussed at a duly noticed, public meeting held in an accessible location. Therefore, care must be taken to ensure that 36 Item # C4.

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if a quorum (half of the members + 1) is gathered at a public or private place, no public business shall may be discussed. For this purpose, e-mail communications between Commissioners should be avoided including the use of “Reply All” to any staff notices sent via e-mail to the entire Commission. When corresponding with Commissioners, staff should ensure that communications with all Commissioners are conducted via BCC.

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City of Milpitas Open Government Ordinance

In 2005, Milpitas City Council adopted the Open Government Ordinance and amended it in 2009. This is the local version of the City’s “Sunshine Law” and ensures that all public business of the city government is conducted in public. It enhances Brown Act requirements. This law is available to read and review in the City’s published Milpitas Municipal Code online, as Title I Chapter 310 found here:
https://library.municode.com/ca/milpitas/codes/code_of_ordinances?nodeId=TITIA D_CH310OPGOOR .

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Parliamentary Procedure at Meetings

Meetings shall operate using standard parliamentary procedures following an approved meeting agenda. Most entities follow Robert’s Rules of Order (or, in the alternative, Rosenberg’s Rules of Order). Procedures generally include:

1. Establish and post a written agenda.

2. Agenda includes a Call to Order, Roll Call, note start and ending times.

3. Action by Motions made, seconded, discussed and voted upon.

4. Adjourn the meeting to conclude or continue the meeting.

One Commissioner can make a motion to approve an action, another member shall second the motion aloud, and then the Commission Chair shall call for a vote. Staff will record the number of votes in favor, the number opposed and any abstaining.

The Chair will announce the result of the vote. Voting is most frequently done by voice, aloud, and may also be done by roll call or by a show of hands.

Motions may also be voted upon toare not needed to open and close a public hearing, or to adjourn (end) the meeting. , or other necessary actions of the Commission. Training on these technical procedures is available and staff liaisons will schedule for new members.Some training resources are listed on the next page of this handbook.

The City Clerk can provide to each Commissioner one copy of the copyrighted booklet “The a-b-c’s of Parliamentary Procedure” published by Channing Bete.

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Resources Available for Commissioners
City of Milpitas web page for Commissions:
www.ci.milpitas.ca.gov/our-government/commission/commission-member- resources/ http://www.milpitas.gov/318/Commissions

League of California Cities www.cacities.orghttp://www.cacities.org (Ethics, Brown Act and other training available online)

Fair Political Practices Commission www.fppc.ca.govhttp://www.fppc.ca.gov (Training available on YouTube regarding Forms)

Parliamentary Procedure video
www.youtube.com/watch?v=FfnBGolKmbMhttp://www.youtube.com/watch?v=Ffn BGolKmbM
http://www.rulesonline.com/

Roberts Rules of Order http://robertsrulesmadesimple.com/ http://www.rulesonline.com/

Rosenberg’s Rules of Order
https://www.cacities.org/UploadedFiles/LeagueInternet/77/77d4ee2b-c0bc-4ec2- 881b-42ccdbbe73c9.pdf

Conflict of Interest Guidelines

State of California Fair Political Practices Commission (“FPPC”) regulates reporting of potential conflicts of interest, according to the Political Reform Act. It mandates the filing of annual forms, known as Form 700/Statement of Economic Interests in accordance with the City’s adopted Conflict of Interest Code. City Council, specified City staff, and certain City Commissioners must file Form 700 with the City Clerk each year. Its purpose is to reveal any potential conflicts of interest, relative to any financial interests held solely within the City of Milpitas. Forms must be filed initially when first appointed (Assuming Office), annually by April 1 each year, and then once more when departing the Commission upon resignation or conclusion of the term (Leaving Office).

More information and Form 700 is online at www.fppc.ca.gov . Contact the Milpitas City Clerk with any questions.

Commissions required to file Form 700:

Arts Commission
Community Advisory Commission
Economic Development & Trade Commission
Energy & Environmental Sustainability Commission
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Parks, Recreation and Cultural Resources Commission
Planning Commission
Science, Technology & Innovation Commission

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APPENDICES

A. Standardized Commission By-Laws

B. Anti-Discrimination, Harassment, and Retaliation Policy

B.C. Standard Operating Procedure 16-1 “Code of Conduct for Public Officials”

C.D. FPPC Form 700 Statement of Economic Interests

D.E. City Council Resolution No. 7702 – notification upon resignation

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APPENDIX A
Standardized Commission Bylaws

CITY OF MILPITAS

COMMISSION BY-LAWS

Section 1. Purpose

A Commission serves as an active advisory group to the City Council on a variety of topics as directed by the City Council. These Commission By -Laws are applicable to all Commissions except for the Planning Commission, which is governed by the Municipal Code, Chapter 500. In addition to these By -Laws, each Commission shall have an addendum that is specific to the Commission and includes information about the Commission scope, member eligibility, and meeting frequency.

Section 2. Membership

A Commission is composed of seven (7) members and two (2) alternates appointed by the Mayor and approved by the City Council. All members and alternates shall be Milpitas residents, 18 years or older, unless otherwise noted in the Commission Bylaws Addendum. In addition to the seven (7) members and two (2) alternates, one (1) Milpitas resident enrolled in grades 9-12 may also be appointed as non-voting member by the Mayor and confirmed by the City Council for all Commissions except for the Youth Advisory Commission. The City Council may appoint a Council liaison to serve on the Commission in a non-voting capacity.

Section 3. Term of Office & Removal

The term of office is three years, or until the seat is filled, for every Commission and is tied to specific seats, not actual Commission members or alternates. A Commission member or alternate is appointed for the term of the seat, which can be less than three years, based on the time of appointment. A Commission member can re-apply at the end of each term.

Members and alternates are expected to attend all meetings. When any member or alternate has three or more absences in a 12-month period, the City Clerk’s Office shall forward this information to the City Council for review and possible removal of the mem ber or alternate from the Commission. Any member or alternate of the Commission may be removed from office at any time by a simple majority vote of the City Council at a regularly scheduled Council meeting, with or without cause.

Members and alternates may apply for reappointment by submitting a letter or e-mail of interest to the Mayor with a copy to the City Clerk prior to the expiration of his/her their term of office. Any member or alternate of the Commission who wishes to resign MUST submit a letter of resignation or email to the Mayor with a copy to the City Clerk. Resignations will be confirmed by the City Council at a regularly scheduled Council meeting.

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Section 4. Vacancies

Vacancies will be filled for the unexpired portion of the term by the Mayor with the approval of the City Council.

Section 5. Officers

A Chair and Vice Chair will be selected annually at the first meeting of the calendar year from the appointed members for a term of one year. The Chair will call for meetings and preside over all sessions. In the absence of the Chair and Vice Chair, the member with longest continuous service on the Commission will preside.

Section 6. Meetings

Commissions shall hold regular meetings at a predetermined day, week, time and location. All meetings shall be open to the public. Should a scheduled meeting occur on a holiday, said meeting will be deferred to the same day of the following week or to a date agreed upon by a majority of the Commission. Special meetings may be called by majority vote, the Chair, Staff Liaison, or the City Council. No meetings will be held in the month of July. Notice of any special meeting shall be given as r equired by law. Except as otherwise provided by these Bylaws, the Commission shall follow the latest edition of Robert’s Rules of Order for the orderly conduct of meetings.

Section 7. Quorum

A quorum is a majority of the total voting seats on the Commission. Any FOUR (4) voting members, including alternates, shall constitute a quorum for the transaction of business. Alternates count towards quorum even when not seated until after the start of a meeting.

Section 8. Voting and Seating of Alternates

Voting authority is extended to the SEVEN (7) regular members. An alternate member shall vote only if seated in the absence of a regular member. In the event that a regular member is absent, alternate members shall be seated in order of their alternate position. If a member arrives after an alternate has been seated, the alternate shall remain as the voting member until the end of the meeting.

Section 9. Duties of Commission to be Advisory Only

It is intended that the Commission shall be an advisory body to the City Council.

Section 10. Subcommittees

Other committees within the Commission will be subcommittees of the Commission. The Commission may appoint such subcommittees, with at least one Commission member on the subcommittee, but not more than three members so as not to constitute a quorum.

Section 11. Assistance of Staff

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The City Manager of the City of Milpitas shall provide the Commission with such information and staff assistance as the Commission may from time to time request subject to the limitations imposed by the City Council. The staff member designated by the City Manager shall attend meetings of the Commission, meetings of the Commission subcommittee as necessary, and submit such reports as said Commission may request and as deemed necessary or desirable, subject to limitations imposed by the City Council. The role of the Staff Liaison on a Commission is defined and should be referred to in the City of Milpitas Commissioner Handbook.

Section 12. Amendments

These Bylaws are subject to change through amendments approved by the City Council.

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APPENDIX B
Anti-Discrimination, Harassment, and Retaliation Policy

Available at: http://www.milpitas.gov/DocumentCenter/View/123

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APPENDIX CB

CITY OF MILPITAS, CALIFORNIA
STANDARD OPERATING PROCEDURE 16-1
Effective: 03-02-1970
Revised: 03-17-1976
06-02-2004

SUBJECT: CODE OF CONDUCT FOR PUBLIC OFFICIALS
The proper operation of democratic government requires that public officials and employees be independent, impartial, and responsible to the people. The purpose of this Code of Conduct is to establish ethical standards of conduct for all such persons and to direct disclosure by such public officials and employees of private, financial or other interests in matters affecting the City. This Code is distinct from the Milpitas Code of Ethics, which applies solely to elected and appointed officials, campaign candidates, city management, and senior staff.

The municipal officials and employees of the City of Milpitas, whether elected or appointed, are "public officials and employees" within the meaning and intent of this Code.

1. Responsibilities of public office.

a. Public officials and employees are bound to observe in their official acts the highest standards of morality and to discharge faithfully the duties of their office regard less of personal considerations, recognizing that the public interest must be their primary concern. Their conduct in both their official and private affairs should be above reproach.

b. Public officials and employees are bound to uphold the Constitution of the United States and the Constitution of the State of California and to carry out impartially the laws of the nation, state, and municipality.

2. Dedicated Service.

Public officials and employees should not exceed their authority or breaech law or ask others to do so and they should work in full cooperation with other public officials and employees unless prohibited from doing so by law or by officially recognized confidentiality of their work.

3. Fair and Equal Treatment.

a. Unilateral Communicati ons. No public official or employee should encourage, make, or accept any application or communication from any party made out of the presence and without the knowledge of other 47 Item # C4.

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parties in a matter under consideration when such application or communication is designed to influence an official decision or the conduct of the official or other officials, employees, or agencies in order to obtain favored treatment or special consideration to advance the personal or private interests of himself/herself or others.

Any written unilateral communication received by a public official or employee in matters where all interested parties should have equal opportunity for a hearing should be made part of the record by the recipient. Any oral unilateral communication received under such condition should be written down in substance by the recipient and also made a part of the record.

b. Use of Public Property. No public official or employee shall request, use, or permit the use of city -owned vehicles, equipment, materials, or property for personal convenience or profit, except when such services are available to the public generally or are provided as municipal policy for the use of such official or employee in the conduct of official business.

4. Conflict of Interest.

a. No public official or employee, whether paid or unpaid, shall engage in any business or transaction or shall have a financial interest or other personal interest, direct or indirect, which is incompatible with the proper discharge of his/her official duties in the public interest or would tend to impair his/her independence of judgment or action in the performance of said official duties. Personal, as distinguished from financial interests, includes an interest arising from blood or marriage relationships, personal friendships, fraternal relationships or close business or political associations.

b. Specific conflicts of interests are enumerated below for the guidance of officials. This list is merely illustrative and not exclusive:

(1) Incompatible Employment. No public official or employee shall engage in or accept private employment or render services from private interests when such employment or services is
incompatible with the proper discharge of his/her official duties or would tend to impair his/her independence of judgment or action in the performance of said official duties. In the event a public official or employee should possess a financial or personal interest in any business or transaction, any presumption of confl ict of interest in his/her public duties shall be removed by disclosure of the nature and extent of such investment to the proper authority for the records of said authority.
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(2) Disclosure of Confidential Information. No public official or employee shall, without proper legal authorization, disclose confidential information concerning the property, government, or affairs of the City. Nor shall they use such information to advance the financial or other private interests of themselves over others.

(3) Gifts and Favors . No public official or employee shall accept any gift at any time, whether in the form of a service, loan, thing, or promise, from any person, firm or corporation, which to his/her knowledge is interested directly or indirectly in any mann er whatsoever in business dealings with the City; nor shall any such official or employee accept a gift, favor or thing of value that may tend to influence him/her in the discharge of his/her duties, or grant in the discharge of said duties any improper favor, service, or thing of value. The following exceptions may be permitted with the approval of the City Manager:

(a) A gift of candy or other perishable food items to the City or department, which is to be kept in the office area and
shared by all employees;

(b) A gift justified by a personal relationship, which exists outside the realm of City business.

In situations where a public official or employee receives a gift, which is extremely embarrassing to return, the City Manager's Office has draft copies of letters, which might be enclosed to return the gift to the party who sent it. Anonymous gifts should be given to the City Manager's Office for disposal to a local charity if it has no useful purpose to the City.

(4) Representing Private Interests Before City Agencies or Courts . No public official or employee whose salary is paid in whole or in part by the City shall appear in behalf of private interests before any agency of the City; nor shall they represent private interests in any action or proceeding against the interest of the City or in any litigation to which the City is a party.

(5) Contracts with the City. The public has a right to assume that City employees are given no special advantages by virtue of their employment. Whether or not any special advantage exists, an employee's private involvement in any item bought or sold by the City is subject to criticism and misunderstanding and should be avoided. In accordance with Section 1090 of the Government 49 Item # C4.

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Code, City officers and emp loyees are prohibited from bidding on or buying any items offered for sale by the City. This prohibition includes:

(a) The auction and sale of bicycles, personal property, and other items confiscated or held for safekeeping by the City; and

(b) The use of intermediaries to purchase such items for a City of Milpitas employee.

No public official or employee shall become a vendor selling any item to the City. Further, said officials and employees shall not participate in City purchases to buy anything fo r themselves, friends or relatives. Nor shall City purchases be used to secure personal price advantages.

Public officials and employees are cautioned from accepting "discounts" or other advantages offered by vendors to "City Employees." While these may be legitimate business promotions from ethical businesses, employees should first ensure that they are not compromising themselves or placing the City in a potentially embarrassing position through a conflict with their official duties.

(6) Disclosure of Interest in Legislation. Any public official or employee who appears before the City Council and has a financial or private interest in any pending City legislation should disclose such interest on the record of the City Council and thereafter abstain from participating in discussions with or giving an opinion to the Council.

(7) City officials or employees who discover lost or stolen property should immediately turn it in to the Police Department. If the property is discovered while on duty, the official or employee is not entitled to receive unclaimed property in accordance with the Civil Code. However, except for peace officers, unclaimed property discovered when off duty may be claimed in accordance with the law.

5. Political Activity.

In accordance with Title VI, Chapter 101, Section 18, of the City Ordinance Code, no public official or employee shall during hours of work or when dressed in a uniform required in any department of the City or when wearing any City insignia required or pe rmitted in any department of the City or while identifying 50 Item # C4.

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themselves as an officer or employee of the City of Milpitas, participate in any City, District, County, State, Federal, or other political activity or participate in any nomination, campaign or election.

This does not prevent any officer or employee from:

a. Becoming or continuing to be a member of a political club or organization;

b. Attending political meetings;

c. Enjoying entire freedom from all interference in voting;

d. Speaking or acce pting election or appointment to public office while on leave of absence;

e. Seeking signatures for any initiative or referendum petition directly affecting rates of pay, hours of work, retirement, civil service or other working conditions provided such activity is not carried on during hours of work;

f. Distributing badges, pamphlets, dodgers, or hand bills or other participation in any campaign in connection with such petition if the activity is not carried on during hours of work or when dressed in the uniform required in any department of the City.

A violation of any provisions of this Code may constitute a cause for suspension, removal from office or employment or other disciplinary action.

The Council amended this SOP and renamed it to Code of Cond uct for Public Officials by Resolution No. 7414 effective June 1, 2004.

16-1/SOP/6-04

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APPENDIX DC
FPPC Form 700 Statement of Economic Interests

APPENDIX DE
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CITY OF MILPITAS
COMMISSIONERS HANDBOOK
2023

54 Item # C4.

Adopted by Milpitas City Council on:

August 21, 2018

Revisions Approved by Milpitas City Council on:

January 19, 2021
April 5, 2022
August 19, 2022
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Welcome to City of Milpitas
Service as a Volunteer Commissioner

455 EAST CALAVERAS BOULEVARD , MILPITAS , CALIFORNIA 95035 ‐5479 PHONE: 408 ‐586 ‐3050, FAX: 408 ‐586 ‐3056, www.milpitas.gov

Welcome and congratulations on joining the City of Milpitas team as a City Commissioner or Alternate! I am delighted that you are joining us as your appointment is important to your Commission’s role in advising the Milpitas City Council on topics and initiatives important to the Milpitas community.

I look forward to all the great work you will do on your Commission and on behalf of the Milpitas City Council, thank you for your service to the Milpitas community!

Sincerely,

Carmen Montano
Mayor

C ITY OF M ILPITAS
O FFICE OF M AYOR C ARMEN M ONTANO
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INDEX

I. Introduction and Overview 4

II. Commission Roles 5

III. Joining and Leaving a Commission 6

IV. Commission Participation 7

V. Celebration and Fundraising 9

VI. Ethics and Expected Standards of Performance 10

VII. California’s Ralph M. Brown Act 11

VIII. City of Milpitas Open Government Ordinance 12

IX. Parliamentary Procedure at Meetings 13

X. Resources and Conflict of Interest Guidelines 14

XI. Appendices 15

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Introduction and Overview

All Commissions will consist of seven (7) appointed Commissioners, except the Parks, Recreation and Cultural Resources Commission which will consist of nine (9) appointed Commissioners. All Commissions, except the Planning Commission, will also have 2 appointed Alternate Members, and all Commissions, except the Planning Commission and Youth Advisory Commission, may
have one (1) Milpitas resident
enrolled in grades 9‐12, as a non‐voting member. The Arts Commission may have two (2) Milpitas residents enrolled in grades 9‐12, one from each Milpitas area public high school, as non‐voting members.

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AD HOC TASK FORCES
From time to time, as needs arise, the Milpitas City Council may choose to appoint residents to serve on ad hoc advisory bodies. Examples include the HOPE (Suicide Prevention) Task Force, and the CEDAW Task Force. Each body to which members are appointed by the City Council shall report back to the Council at appropriate intervals and upon conclusion of the task assigned by the Council. Members’ service concludes once a final report is provided to City Council, or as City Council directs.

Commission Roles

Alternate Members serve only
in the absence of a voting member. When a voting
Commissioner is absent from a Commission meeting, alternates will be seated at the table or dais to participate in a voting role at the start of the meeting. If a regular voting Commissioner arrives subsequently, that person shall not participate as a voting member and the Alternate Commissioner will continue to serve as a voting member. Otherwise, Alternate members do not deliberate or vote when all regular members are present at the Commission meeting.

A City staff liaison to your Commission
is available to provide staff support and work
closely with the Chair to develop the meeting agendas and any information gathered for benefit of the Commissioners. Staff shall assist in guiding the work of the Commission, provide agendas and take meeting minutes. The City Manager shall assign appropriate staff liaison(s) to each Commission.

Volunteer City Commissioners do not direct or delegate work tasks to staff or Council liaisons. Commission annual work plan activities and assignments are to be completed by Commissioners.

Each Commission, except for the Planning Commission, will be assigned a City Council Liaison. City Council liaisons are non‐voting participants, acting in a capacity reflecting the majority opinion of the City Council, which is defined by current or 59 Item # C4.

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past official City Council action via City Council vote or consensus. The City Council liaison will endeavor to attend all Commission meetings of those bodies to which they are assigned.

Joining and Leaving a Commission

Requirement to serve: to be appointed to most Commissions, you must be a current Milpitas resident over the age of eighteen (18). Specific requirements for select Commissions are reflected in the approved Bylaws Addendums. For example, members of the Economic Development and Trade Commission are not required to be residents, however, they shall represent various segments of the business community.

The City Council may appoint one (1) Milpitas resident enrolled in grades 9‐12, as a non‐voting member, to a Commission (except the Planning and Youth Advisory Commission). For the Arts Commission, the City Council may appoint two (2) Milpitas residents enrolled in grades 9‐12, one from each Milpitas area public high school, as non‐voting members.

APPLICATION & APPOINTMENT
To apply for service on any City of
Milpitas Commission, residents or interested
persons must complete a Commission Application and submit the form to the City Clerk. The form may be submitted online, in person, by US postal mail or by e‐mail.

The form is available from the City Clerk’s office or on the City website. If requested, applicants may be asked to complete a supplemental questionnaire.

Copies of applications are provided to the Mayor for their consideration. Per Government Code, the Mayor of a General Law city holds the power of appointment, upon confirmation by the City Council. The City Council must vote to affirm all appointments
to Commissions by the Mayor.

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RE‐APPOINTMENT
Appointed Commissioners may seek to be re‐appointed upon the expiration of their current term. Re‐appointment to a new term is not automatic, but rather must be recommended by the Mayor and confirmed by the City Council. Prior to the end of their term, I City Clerk’s Office will contact Commissioners eligible for re‐ appointment to confirm they seek to be re‐appointed. The City Clerk will transmit those requests to the Mayor.

RESIGNATION
If a Commissioner is no longer available or able to serve, they must submit a resignation in writing by sending a written communication to the City Clerk and the
Mayor pursuant to City Council Resolution No. 7702. The written resignation must then be accepted by City Council via action on consent calendar at a regular meeting.

By state law, a Notice of Vacancy must then be posted by the City Clerk to invite new applicants
for the vacant Commission seat.

TERMS OF SERVICE
The term for each Commission seat is a period of three years and the term of service is tied to the Commission seat, not the commissioner. When a new Commissioner is appointed to fill a vacancy, they are appointed to fill the remainder of the term assigned to that Commission seat. Alternate Commissioner terms will be tied to the individual appointed for the duration of their service as an alternate.

Commission Participation

BYLAWS AND ORIENTATION BY STAFF
All City of Milpitas Commissions have written By‐Laws by which Commissioners and staff abide, which are written by the City Attorney. By‐laws may be viewed on the City’s website and are provided to all Commissioners from their staff liaison.

A template for the
basic edition of all Commission by‐laws is included with this handbook, in the appendix.

Links to all Commission’s By‐laws can be found online on each Commission page:
http://www.milpitas.gov/318/Commissions

The staff liaison shall provide onboarding to newly appointed Commissioners.

Extensive training is provided in particular to the Planning Commission, commensurate with those duties related to land use decision making – serving as a quasi‐judicial body ‐ per the Milpitas Municipal Code. It is the commissioner’s responsibility to ensure staff has up‐to‐date contact information allowing communication via email for distribution of agendas or other important information.

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A nameplate is created for each new Commissioner. Business cards up to 50 each annually may be printed by staff, in house, on City standard format for Commissioners for City business purposes only. City of Milpitas business cards with City logo may not be printed privately or by an outside party.

ANNUAL WORKPLAN
Each Commission shall discuss and prepare its annual work plan, which shall be submitted and approved by City Council. The work plan is a list of the anticipated topics, assignments and goals that Commissioners will focus on over a 12 months’ period. In turn, the Council may request an annual report listing accomplishments of each Commission based on the work plan. Annual Reports will be submitted to the City Council.

ANNUAL BUDGET
City Council shall allocate $1,000 annually for each Commission. Funds are to be used towards City Council approved Work Plan tasks and projects, and administrative costs
related to the Commission. Those Commissions that determine a need for additional funding shall return to City Council with a stated request for more funds and the purpose for those. City Council shall approve or deny any request for such expenditures.

REQUIRED ATTENDANCE
All appointed Commissioners (and Committee or other ad
hoc body members) are
expected to attend all regular meetings. Meetings are scheduled at specified times each month or at regular intervals. Attendance and participation in the business of the Commission is necessary for the success of the Commission in achieving its annual work plan goals. When a Commissioner is unable to attend a meeting, it is courteous to notify the City staff liaison and Commission Chair of expected absence.

Attendance is tracked by staff and the City Clerk shall report to the City Council quarterly. If any Commissioner is absent from three or more meetings in a year, that information
will be reported to the City Council and can be grounds for removal. This policy allows for another resident to be appointed to the Commission.

POLICY FOR REMOVAL
Commissioners serve at the pleasure of the Mayor and City Council. Commissioners or alternates may be removed for reasons including, but not limited to, the following:

1. Failure to Adhere to Attendance Requirements

2. Harassment of Staff

3. Racist/Sexist Remarks Towards the Public or Other Commissioners

4. Misrepresentation

5. Failure to Meet the Requirements to Serve on a Commission

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Additionally, certain
Commissions expect participation outside of regularly
scheduled meetings. For example, Planning Commissioners may attend the annual Planners Institute offered by the League of California Cities. Several Commissions participate in various joint events throughout the year and other participation in Commission events may be required, as identified in the adopted annual work plan.

CELEBRATION
The Mayor and City Council appreciate the service of each and every Commissioner.

As a way to express their appreciation, once each year in the spring, the City Council hosts an event to honor current Commissioners for their service. The Mayor and City Council will allocate funding for
the recognition event during the annual budget
process.

FUNDRAISING
Certain Commission work plans call for fundraising efforts. Those funds may then be utilized for events, contributions to non‐profits, or for other City services. Money raised on behalf of the City of Milpitas will be held by the City as part of and in
accordance with best practices of the city’s Finance Department. Disbursement of those funds will require City Council approval. City staff will work with Commissions to ensure proper accounting procedures and practices are followed to reflect compliance with City and state regulations.

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Ethics and Expected Standards of Performance

City Commissioners are representatives of the City while serving in their role as volunteer Commissioners, both while in attendance at meetings and while present at City functions as a Commissioner. All Commissioners and Alternate Members shall behave ethically at all times in compliance with the City of Milpitas Anti‐ Discrimination, Harassment, and Retaliation Policy and Standard Operating Procedure 16‐1 “Code of Conduct for Public Officials” (see Appendix B and C). The code requires dedicated service, equal treatment, under‐standing of potential for and avoiding conflicts of interest, and refraining from participating in political activity while representing the Commission.

Here are
links to ethics training courses available:

Fair Political Practices Commission:
http://www.fppc.ca.gov/learn/public‐officials‐and‐employees‐rules‐/ethics‐ training.html

Institute for Local Government:
http://www.ca‐ilg.org/ethics‐education‐ab‐1234‐training

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California’s Ralph M. Brown Act

The Brown Act or Open Meetings law is found in the California Government Code section 54950 et seq. The Brown Act was enacted in 1953 to promote transparency and guarantee the public’s right to attend and participate in all meetings of local legislative bodies. Those bodies include temporary or permanent commissions, committees, boards or other bodies of a local agency, acting as either a decision‐ making body (such as Planning Commission) or advisory body (all others). Most importantly, according to this law, all meetings must be properly noticed for participants and for the public. City staff must ensure this occurs for all Commissions.

Agendas for all meetings must be posted in
advance of the meeting at the location
of the meeting site and freely accessible to members of the public. In addition, agendas and minutes must also be posted to the City of Milpitas website. For meetings conducted at Milpitas City Hall, those agendas are posted on the outside noticing board for this purpose at the northwest entry to the building.

Regular Meeting agendas must be posted at least 72 hours before the meeting.

Regular meeting dates and times are established in the bylaws or bylaws addendums of those bodies.

Special Meetings are any meeting scheduled outside of the regularly established meeting date and time. The agenda for a special meeting must be posted at least 24 hours in advance.

Meetings that are improperly noticed will be cancelled.

“Serial” meetings, where one Commissioner contacts another, who then contacts another Commissioner by phone, e‐mail or in person, to discuss commission business
and develop a majority consensus are explicitly prohibited by the Brown Act. All business of the Commission must be detailed on an agenda, posted in advance, and discussed at a duly noticed, public meeting held in an accessible location. Therefore, care must be taken to ensure that if a quorum (half of the members + 1) is gathered at a public or private place, no public business may be discussed. For this purpose, e‐mail communications between Commissioners should be avoided including the use of “Reply All” to any staff notices sent via e‐mail to the entire Commission. When corresponding with Commissioners, staff should ensure that communications with all Commissioners are conducted via BCC.

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City of Milpitas Open Government Ordinance

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Parliamentary Procedure at Meetings

1. Establish and post a written agenda.

2. Agenda includes a Call to Order, Roll Call, note start and ending times.

3. Action by Motions made, seconded, discussed and voted upon.

4. Adjourn the meeting to conclude or continue the meeting.

The Chair will announce the result of the vote. Voting is most frequently done by voice, aloud, and may also be done by roll call or by a show of hands.

Motions are not needed to open and
close a public hearing, or to adjourn (end) the
meeting. Some training resources are listed on the next page of this handbook.

The City Clerk can provide to each Commissioner one copy of the copyrighted booklet “The a‐b‐c’s of Parliamentary Procedure” published by Channing Bete.

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Resources Available for Commissioners
City of Milpitas web page for Commissions:
http://www.milpitas.gov/318/Commissions

League of California Cities http://www.cacities.org
(Ethics, Brown Act and other training available online)

Fair Political Practices Commission http://www.fppc.ca.gov (Training available on YouTube regarding Forms)

Parliamentary Procedure video http://www.youtube.com/watch?v=FfnBGolKmbM

Roberts Rules of Order http://robertsrulesmadesimple.com/ http://www.rulesonline.com/

Rosenberg’s Rules of Order
https://www.cacities.org/UploadedFiles/LeagueInternet/77/77d4ee2b‐c0bc‐4ec2‐ 881b‐42ccdbbe73c9.pdf

Conflict of Interest Guidelines

More information and Form 700 is online at www.fppc.ca.gov . Contact the Milpitas City Clerk with any questions.

Commissions required to file Form 700:

Arts Commission
Community Advisory Commission
Economic Development & Trade Commission
Energy & Environmental Sustainability Commission
Parks, Recreation and Cultural Resources Commission
Planning Commission
Science, Technology & Innovation Commission

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APPENDICES

A. Standardized Commission By‐Laws

B. Anti‐Discrimination, Harassment, and Retaliation Policy

C. Standard Operating Procedure 16‐1 “Code of Conduct for Public Officials”

D. FPPC Form 700 Statement of Economic Interests

E. City Council Resolution No. 7702 – notification upon resignation

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APPENDIX A
Standardized Commission Bylaws

CITY OF MILPITAS

COMMISSION BY-LAWS

Section 1. Purpose

A Commission serves as an active advisory group to the City Council on a variety of topics as directed by the City Council. These Commission By-Laws are applicable to all Commissions except for the Planning Commissi on, which is governed by the Municipal Code, Chapter 500. In addition to these By-Laws, each Commission shall have an addendum that is specific to the Commission and includes information about the Commission scope, member eligibility, and meeting frequency.

Section 2. Membership

A Commission is composed of seven (7) members and two (2) alternates appointed by the Mayor and approved by the City Council. All members and alternates shall be Milpitas residents, 18 years or older, unless otherwise noted in the Commission Bylaws Addendum. In addition to the seven (7) members and two (2) alternates, one (1) Milpitas resident enrolled in grades 9-12
may also be appointed as non-voting member by the Mayor and confirmed by the City Council for all Commissions except for the Youth Advisory Commission. The City Council may appoint a Council liaison to serve on the Commission in a non-voting capacity.

Section 3. Term of Office & Removal

Members and alternates are expected to attend all meetings. When any member or alternate has three or more absences in a 12-month period, the City Clerk’s Office shall forward this information to the City Council for review and possible removal of the member or alternate from the Commission. Any member or alternate of the Commission may be removed from office at any time by a simple majority vote of the City Council at a regularly scheduled Council meeting, with or without cause.

Members and alternates may apply for r eappointment by submitting a letter or e-mail of interest to the Mayor with a copy to the City Clerk prior to the expiration of their term of office. Any member or alternate of the Commission who wishes to resign MUST submit a letter of resignation or email to the Mayor with a copy to the City Clerk. Resignations will be confirmed by the City Council at a regularly scheduled Council meeting.

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Section 4. Vacancies

Vacancies will be filled for the unexpired portion of the term by the Mayor with the approval of the City Council.

Section 5. Officers

Section 6. Meetings

Commissions shall hold regular meetings at a predetermined day, week, time and location. All meetings shall be open to the public. Should a scheduled meeting occur on a holiday, said meeting will be deferred to the same day of the following week or to a date agreed upon by a majority of the Commission. Special meetings may be called by majority vote, the Chair, Staff Liaison, or the City Council. No meetings will be held in the month of July. Notice of any special meeting shall be given as required by law. Except as otherwise provided by these Bylaws, the Commission shall follow the latest edition of Robert’s Rules of Order for the orderly conduct of meetings.

Section 7. Quorum

Section 8. Voting and Seating of Alternates

Section 9. Duties of Commission to be Advisory Only

It is intended that the Commission shall be an advisory body to the City Council.

Section 10. Subcommittees

Section 11. Assistance of Staff

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The City Manager of the City of Milpitas shall provide the Commission with such information and staff assistance as the Commission may from time to time request subject to the limitations imposed by the City Council. The staff member designated by the City Manager shall attend meetings of the Commission, meetings of the Commission subcommittee as necessary, and submit such reports as said Commission may request and as deemed necessary or desirable, subject to limitations imposed by the City Council. The role of the Staff Liaison on a Commission is defined and should be referred to in the City of Milpitas Commissioner Handbook.

Section 12. Amendments

These Bylaws are subject to change through amendments approved by the City Council.

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APPENDIX B
Anti‐Discrimination, Harassment, and Retaliation Policy

Available at: http://www.milpitas.gov/DocumentCenter/View/123

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APPENDIX C
CITY OF MILPITAS, CALIFORNIA
STANDARD OPERATING PROCEDURE 16‐1
Effective: 03‐02‐1970
Revised: 03‐17‐1976
06‐02‐2004

The municipal officials and employees of the City of Milpitas, whether elected or appointed, are "public officials and employees" within the meaning and intent of this Code.

1. Responsibilities of public office.

a. Public officials and employees are bound to observe in their official acts the highest standards of morality and to discharge faithfully the duties of their office regardless of personal considerations, recognizing that the public interest must be their primary concern. Their conduct in both their official and private affairs should be above reproach.

2. Dedicated Service.

Public officials and employees should not exceed their authority or breach law or ask others to do so and they should work in full cooperation with other public officials and employees unless prohibited from doing so by law or by officially recognized confidentiality of their work.

3. Fair and Equal Treatment.

a. Unilateral Communications. No public official or employee should encourage, make, or accept any application or communication from any party made out of the presence and without the knowledge of other 75 Item # C4.

Milpitas Commissioner Handbook 22 2023
parties in a matter under consideration when such application or communication is designed to influence an official decision or the conduct of the official or other officials, employees, or agencies in order to obtain favored treatment or special consideration to advance the personal or private interests of himself/herself or others.

b. Use of Public Property. No public official or employee shall request, use, or permit the use of city‐owned vehicles, equipment, materials, or property for personal convenience or profit, except when such services are available to the public generally or are
provided as municipal policy for the
use of such official or employee in the conduct of official business.

4. Conflict of Interest.

b. Specific conflicts of interests are enumerated below for the guidance of officials.

This list is merely illustrative and not exclusive:

(1) Incompatible Employment. No public official or employee shall engage in or accept private employment or render services from private interests when such employment or services is incompatible with the proper discharge of his/her official duties or would tend to impair his/her independence of judgment or action in the performance of said official duties. In the event a public official or employee should possess a financial or personal interest in any business or transaction, any presumption of conflict of interest in his/her public duties shall be removed by disclosure of the nature and extent of such investment to the proper authority for the records of said authority.
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(3) Gifts and Favors. No public official or employee shall accept any gift at any time, whether in the form of a service, loan, thing, or promise, from any person, firm or corporation, which to his/her knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the City; nor shall any such official or employee accept a gift, favor or thing of value that may tend to influence him/her in the discharge of his/her duties, or grant in the discharge of said duties any improper favor, service, or thing of value. The following exceptions may be permitted with the approval of the City Manager:

(a) A gift of candy or other perishable food items to the City or department, which is to be kept in the office area and shared by all employees;

(b) A gift justified by a personal relationship, which exists outside the realm of City business.

In situations where a public official or employee receives a gift,
which is extremely embarrassing to return, the City Manager's Office has draft copies of letters, which might be enclosed to return the gift to the party who sent it. Anonymous gifts should be given to the City Manager's Office for disposal to a local charity if it has no useful purpose to the City.

(4) Representing Private Interests Before City Agencies or Courts. No public official or employee whose salary is paid in whole or in part by the City shall appear in behalf of private interests before any agency of the City; nor shall they represent private interests in any action or proceeding against the interest of the City or in any litigation to which the City is a party.

Milpitas Commissioner Handbook 24 2023
Code, City officers and employees are prohibited from bidding on or buying any items offered for sale by the City. This prohibition includes:

(a) The auction and sale of bicycles, personal property, and other items confiscated or held for safekeeping by the City; and

(b) The use of intermediaries to
purchase such items for a City
of Milpitas employee.

No public official or employee shall become a vendor selling any item to the City. Further, said officials and employees shall not participate in City purchases to buy anything for themselves, friends or relatives. Nor shall City purchases be used to secure personal price advantages.

Public officials and employees are cautioned from accepting "discounts" or other advantages offered by vendors to "City Employees." While these may be legitimate business promotions from ethical businesses, employees should first ensure that they are not compromising themselves or placing the City in a potentially embarrassing
position through a conflict with their
official duties.

(7) City officials or employees who discover
lost or stolen property
should immediately turn it in to the Police Department. If the property is discovered while on duty, the official or employee is not entitled to receive unclaimed property in accordance with the Civil Code. However, except for peace officers, unclaimed property discovered when off duty may be claimed in accordance with the law.

5. Political Activity.

In accordance with Title VI, Chapter 101, Section 18, of the City Ordinance Code, no public official or employee shall during hours of work or when dressed in a uniform required in any department of the City or when wearing any City insignia required or permitted in any department of the City or while identifying 78 Item # C4.

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themselves as an officer or employee of the City of Milpitas, participate in any City, District, County, State, Federal, or other political activity or participate in any nomination, campaign or election.

This does not prevent any officer or employee from:

a. Becoming or continuing to be a member of a political club or organization;

b. Attending political meetings;

c. Enjoying entire freedom from all interference in voting;

d. Speaking or accepting election or appointment to public office while on leave of absence;

e. Seeking signatures for any initiative or referendum petition directly affecting rates of pay, hours of work,
retirement, civil service or other
working conditions provided such activity is not carried on during hours of work;

A violation of any provisions of this Code may constitute a cause for suspension, removal from office or employment or other disciplinary action.

The Council amended this SOP and renamed it to Code of Conduct for Public Officials by Resolution
No. 7414 effective June 1, 2004.

16‐1/SOP/6‐04

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APPENDIX D
FPPC Form 700 Statement of Economic Interests

APPENDIX E
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81 Item # C4.

Passed and Adopted 4/16/19 Revised 8/16/22

CITY OF MILPITAS

STANDARD COMMISSION
BYLAWS
Addendum: Science, Technology and Innovation Commission

The Science, Technology and Innovation Commission was originally established by City Council on September 6, 1994. On August 21, 2018, the City Council updated the name of the Commission.

Advisory Area
This Commission will advise the Council on matters pertaining to technology services benefitting the Milpitas community.

Meetings
The Science, Technology and Innovation Commission shall meet 6 times a yearmonthly, except July, on the 3rd Monday of that month, at 7:00 PM at the Committee Conference Room in City Hall, or another designated location. The schedule of meetings will be determined by the Commission at the first meeting following the July City Council legislative break.

PASSED AND ADOPTED THIS 20TH DAY OF JUNE, 2023

82 Item # C4.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Approve Delegation of Authority to the Acting City Manager or Designee to Approve and Execute Project Related Documents and Urgent Administrative Items During the City Council Summer Recess, from the Last City Council Meeting Held in June through August 8, 2023 (Staff Contact: Ashwini Kantak, Acting City Manager, 408- 586-3053)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 6/20/2023
Recommendation: Approve delegation of authority to the Acting City Manager, or their designee, to approve and execute project related documents, including contract documents, and urgent administrative items during the City Council summer recess from the last City Council meeting held in June through August 8, 2023.

Background
The City Council has a scheduled recess between the last City Council meeting in June and August 8, 2023, during which no regular City Council meetings will take place. In order to ensure that critical services and projects continue and are completed on time, it may be necessary to take action during Council recess.

Therefore, it is requested that the City Council authorize the Acting City Manager or their designee, to take appropriate action during the recess.

Analysis
Authorizing the Acting City Manager or their designee to take appropriate actions, including signing contracts within City Council’s financial authority under the Municipal Code, will ensure that projects stay on schedule and that the City continues to provide vital services to the community. Deferring any actions until after the Council recess could potentially result in additional cost or delay to projects or services. A report summarizing any action taken by the Acting City Manager or their designee during the recess under this delegated authority will be presented to the City Council on August 15, 2023.

Policy Alternative
Alternative: Do not approve the requested delegation of authority

Pros: Retains Council approval authority

Cons: Will not enable timely action on urgent project and administrative needs to ensure continued provision of vital services to the community.

Reason for not Recommending: Will not allow timely action to ensure the continued delivery of services to the community and time sensitive actions on projects during the Council recess.

Fiscal Impact
Approval of any potential agreements or contracts are anticipated to be within the Council approved budget; therefore, there is no fiscal impact.

CEQA
The City Council’s delegation of authority is exempt from CEQA pursuant to CEQA Guideline 15061(b)(3) as it can be seen with certainty that the delegation does not have the potential to cause a significant effect on the environment as it does not involve the approval of any particular project. Further, this action is exempt pursuant to CEQA Guideline 15378(b)(4) as a governmental fiscal activity which does involve any commitment to any specific project. Although the delegation may involve various projects, those projects received sufficient and appropriate CEQA review at the time of approval.
83 Item # C5.

Recommendation
Approve delegation of authority to the Acting City Manager, or their designee, to approve and execute project related documents, including contract documents, and urgent administrative items during the City Council summer recess from the last City Council meeting held in June through August 8, 2023. 84 Item # C5.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Approve Changes to the City Council Procedures and Protocols Handbook to allow the use of Electronic Voting (Staff Contact: Ashwini Kantak, Acting City Manager, 408-586-3053; Michael Mutalipassi, City Attorney, 408-586-3041) Category: Consent Calendar-Leadership and Support Services Meeting Date: 6/20/2023
Recommendation: Approve changes to the City Council Procedures and Protocols Handbook to allow the use of electronic voting, as part of the implementation of a new Agenda Management system.

Background:

On January 11, 2022, the City Council approved the City of Milpitas City Council Procedures and Protocols Handbook 2021 (the “Handbook”). The 2021 City Council Handbook was a substantial overhaul of the previous 2004 City Council Handbook, which at the time, had not been amended since 2007. The process to overhaul the handbook took substantial time, effort, and the formation of an Ad Hoc Council Handbook Subcommittee.

This work spanned from 2018 to the Handbook’s adoption in 2022. The Handbook is designed to be brought to Council for updates, as needed, due to changes in the law or if the City Council desires to change its procedures or protocols.

On February 7, 2023, the Council clarified its request for a written policy regarding the use of languages other than English at City Council meetings. The Council determined that the requested policy should be added to the Handbook and that the City should not incur the expense of providing translation services at City Council meetings except under specific circumstances that require translation services or as required by law. The City Attorney was directed to prepare the appropriate draft edits to the Handbook. Additionally, AB 2449, which was signed into law in 2022, required updates to the Handbook’s section on teleconferencing rules.

On February 21, 2023, the City Council approved changes to the Handbook related to teleconferencing rules and translation services. The City Council also directed staff to return to Council for a more substantive discussion about the Handbook which will be brought forward to the Council in Fall 2023.

In the interim, since the City is implementing a new Agenda Management system with an integrated electronic voting system, staff is bringing forward a recommended change to the Handbook to allow the use of electronic voting.

Analysis:

A red-lined draft of the proposed changes to the Handbook is attached. The proposed edits are shown in red.

The key edits are summarized as follows.

1. Voting; Rules of Procedure
Section G (1) of Chapter IV on Meetings has been updated to include the use of electronic voting to record the votes by each member of the City Council.

Policy Alternative:

Not Applicable

85 Item # C6.

Fiscal Impact:

There is no fiscal impact associated with this item.

California Environmental Quality Act:

Recommendations
Approve changes to the City Council Procedures and Protocols Handbook to allow the use of electronic voting, as part of the implementation of a new Agenda Management system.

Attachments:

1. Draft City Council Protocols and Procedures Handbook - redlined

86 Item # C6.

City of Milpitas
City Council Procedures and Protocols
Handbook
2023

Revised February 21, 2023
87 Item # C6.

TABLE OF CONTENTS

Page

-i-

Chapter I. Purpose and Overview ........................................................................................ 1 Chapter II. Duties of the City Council .................................................................................... 2 Chapter III. Mayor and Councilmember Conduct.................................................................... 7 Chapter IV. Meetings .............................................................................................................. 9 Chapter V. Meeting Agendas and Minutes .......................................................................... 19 Chapter VI. City Council Actions ........................................................................................... 23 Chapter VII. Communication ................................................................................................. 25 Chapter VIII. Council Liaison Roles ........................................................................................ 29 88 Item # C6.

1 CHAPTER I. Purpose and Overview
A. Purpose
This City Council Procedures and Protocols Handbook (Handbook) outlines the Milpitas City Council governing practices.

B. Applicability of Handbook
When not in conflict with the Constitution, the laws of the State of California or the Milpitas Municipal Code, this Handbook shall govern.

C. Revisions to the Handbook
This Handbook will be brought to Council for updates, as needed, due to changes in the law or if the City Council desires to change its procedures or protocols.

89 Item # C6.

2 CHAPTER II. Duties of the City Council
A. General Authorities of City Council
Milpitas was incorporated on January 26, 1954. As a general law city, Milpitas derives its authority from and is subject to the California Constitution and the general laws of the State of California.

The City Council is the policy and lawmaking body of the City. State and local laws define the powers and responsibilities of the City Council.

The City has a Council Manager form of government in which the elected City Council sets policy direction and the City Manager implements Council policy, manages day-to day operations and provides professional recommendations to support the Council on policy decisions. Although the Council and City Manager operate in all four dimensions of the governance process: mission, policy, administration and management, the Council’s focus is on the mission and policy while the City Manager’s focus is on administration and management. Clarity of roles are informed by this Handbook and Municipal Code provisions that provide the overall framework for the governance relationship.

B. Duties of Mayor
The Mayor is directly elected by Milpitas voters. The Mayor is the official head of the City of Milpitas for all ceremonial purposes. The Mayor is entitled to vote on all matters but does not possess any veto power. The Mayor signs all ordinances and resolutions after approval by the majority of the City Council.

C. Duties of Vice Mayor (Mayor Pro Tempore)
The Vice Mayor is selected from those on the Council during the first meeting at which the Mayor and returning or incoming Councilmembers commence their terms.

Nomination is done through a motion and appointment is based on a majority vote.

In the event that the Mayor cannot attend a ceremonial function, the Vice Mayor shall serve as the official head of the City in his or her stead. In the event that neither the Mayor nor Vice Mayor can preside at a ceremonial function, one of the remaining members of the City Council shall serve as the official head of the City on a rotating basis to be administered by City staff.

D. Duties of Mayor and Councilmembers

1. Arrive on time for all Council meetings.

2. Review all meeting materials published in accordance with the Open Government Ordinance and other applicable laws, in preparation for Council meetings. As a body, provide clear direction to staff to aid in the development and consideration of proposed ordinances, policies, and 90 Item # C6.

3 procedures. Pass ordinances, adopt resolutions, approve new projects and programs, and approve the budget and contracts.

3. Keep in touch with the community and interpret what is heard to Council colleagues and to the staff.

4. Participate in City Council meetings and other public forums.

5. Represent the City Council by fulfilling the liaison assignments to legislators, external agencies, and the City’s boards and commission.

6. Requests for Staff Resources
a. Mayor and Councilmember requests to consider new programs, services, or requests for significant allocations of resources, shall be directed to the budget process to the maximum extent possible. b. Mayor or Councilmember requests for minor (generally less than four hours of staff time) research or other staff work must be directed to the City Manager.
c. If more than four hours of staff time will be required to complete the task/project, the item will be placed on the agenda to ask the City Council if time should be spent on the proposed item. A discussion and prioritization of Mayor and Councilmember requests are scheduled on a quarterly basis.
d. Mayor and Councilmember requests for more than four hours of staff work for City Council consideration will adhere to all the City of Milpitas Open Government Ordinance provisions, including, but not limited to:
- I-310-2.30 Agenda Requirements. “(b) At least six (6) days before a regular City Council meeting, a preliminary agenda shall be posted containing a meaningful
description of each item of business to be transacted.”

- “(c) A description is meaningful if it is sufficiently clear and specific to alert members of the public whose interests are affected by the item that he or she may have reason to
attend the meeting or seek more information on the item.

- To achieve the above requirements, all materials must be submitted to the City Clerk, to the extent possible, no less than eight (8) days in advance of a Council meeting.

e. Staff responses to a Councilmember inquiry, including the original inquiry, shall be distributed to the Mayor and all City Councilmembers.

7. Absences
91 Item # C6.

4 a. Whenever a member knows in advance that he or she will be absent from a City Council meeting, it is the responsibility of that member to notify the City Manager or City Clerk as soon as possible of the impending absence.
b. If a City Council member is absent without permission from all regular City Council meetings for 60 calendar days consecutively from the last regular meeting he or she attended, his or her office becomes vacant pursuant to Government Code 36513.

8. Administration of Oaths
The Mayor may require any person addressing the City Council to be sworn as a witness and to testify under oath; and must so require if directed to do so by a majority of the City Council. The Mayor may administer oaths. Appeals and revocation hearings are the most likely instances when testimony is taken under oath.

9. Subpoenas
In accordance with Government Code 37104, the City Council may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony in any action or proceeding pending before it.

10. City Council Subcommittees
Council subcommittees, when used, are to help the Council do its job.

Subcommittees ordinarily will assist the Council by studying an issue and preparing policy alternatives and implications for Council deliberation.

Council subcommittees may not speak or act for the Council, and the subcommittee members should be regularly reporting out their work to the City Council through a scheduled agenda item.

There are generally two types of subcommittees as follows:
• Standing subcommittees that have continuous subject matter jurisdiction and will continue to exist until the City Council terminates their existence through formal action.
• Ad hoc subcommittees have limited subject matter jurisdiction and are usually formed primarily to study a particular topic or immediate issue, and once their task is complete, the ad hoc subcommittee will automatically terminate.

Both standing and ad hoc subcommittees of the City Council are subject to the Brown Act pursuant to the City’s Open Government Ordinance.

Subcommittees shall obtain City Council concurrence before they proceed in any direction different from the original instructions of the City Council. In addition, Subcommittees should not implement policy, provide direction that would result in incurring additional ex penses or provide direction to staff to 92 Item # C6.

5 take any actions that are not consistent with existing City Council direction without first obtaining City Council approval for such actions.

11. Compensation for Mayor and Councilmembers
Information about compensation for the Mayor and Councilmembers can be found in the Milpitas Municipal Code I-14-1.00, et seq.

12. Travel Expenses and Reimbursements
Information about travel expenses and reimbursements for City related expenses can be found in the City Council Travel Policy 3-1.

E. City Council Vacancies
A vacancy in the office of Councilmember or Mayor may be filled by appointment by the City Council. The appointee shall hold office until the next special municipal election which shall be immediately called to fill the remainder of the vacant term as provided under Milpitas Municipal Code Section I-3-2.00. Any unexpired remainder of the term of such office shall be filled by the voters at such election.

F. Role of City Manager.

1. The City Manager is the chief executive officer and the head of the administrative branch of the City government. The City Manager is appointed by the City Council and reports to the full City Council. The City Manager shall work in collaboration with the City Attorney.

2. The City Manager implements policies and procedures initiated by City Council and manages the day-to-day operations of the City. The City Manager supports the full Council in setting clear goals for the City and optimizes the use of City resources to meet these goals.

3. The City Manager is the appointing authority, responsible for all City personnel. The City Manager or designee serves as a liaison to each commission. The use of City-owned property is handled through the City Manager'’s Office. The City Manager supports effective policy making and oversight by the City Council by providing information, formulating policy proposals, advising and informing the Council on policy matters while promoting team building and collaboration, and ensuring that the administration’s delivery of service is consistent with City Council direction.

4. T
he City Manager prepares the budget annually, advises the City Council of future financial needs, and is responsible for budget administration after adoption. The City Manager prepares and submits to the City Council a complete report at the end of each fiscal year on the finances and administrative activities of the City during the preceding year. City Manager 93 Item # C6.

6 shall also present quarterly fiscal/budgetary updates or as requested throughout the year.

G. Role of City Attorney.

1. The City Attorney is appointed by the City Council and reports to the full City Council. The City Attorney advises the City Council and City officers in their official capacity on legal matters affecting the City, attends all City Council meetings and some board/commission meetings, and represents the City in legal actions and proceedings. The City Attorney shall work in collaboration with the City Manager.

2. The Office of the City Attorney approves as to form all bonds and contracts made by the City, approves all ordinances and resolutions and related amendments for the City, and prosecutes criminal cases for violation of City ordinances.

3. The members of the City Attorney'’s Office (attorneys and staff) maintain an attorney-client relationship with the City, full City Council or individual members thereof, its officers, agents and employees, so their official communications are protected as confidential attorney-client privilege.

94 Item # C6.

7 CHAPTER III. Mayor and Councilmember Conduct
A. Mayor and Councilmembers shall:

The Milpitas City Council Code of Conduct, as approved by the City Council and noted below, shall be included in Council meeting agendas and read aloud at all City Council meetings.

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.

B. Mayor and Councilmember Best Practices for Council Meetings • put constituents first at all times;
• treat each other and members of the public with dignity, courtesy, and respect;
• maintain confidentiality of all closed session materials and discussion; • be attentive to others, limiting interruptions and distractions; • encourage diverse viewpoints in debate while being mindful not to prolong discourse or block consensus;
• agree to respectfully disagree;
• keep comments clear, concise, and on topic;
• start meetings on time, work from the agenda; and
• present problems in a way that promotes discussion and resolution.

C. Mayor and Councilmember Conduct with City Staff:
95 Item # C6.

8 1. Always maintain professionalism, treat all staff with respect.

2. Direct staff personnel issues to the City Manager.

3. Comments about staff performance should not be made in public or to the individual employee and should only be made to the City Manager through private correspondence or conversation.

4. Comments about staff in the office of the City Attorney should be made directly to the City Attorney.

5. In accordance with Milpitas Municipal Code VI-1-2.04, except for purposes of inquiry, the City Council and its members shall deal with the administrative staff solely through the City Manager.

6. The Mayor and Councilmembers must not attempt to influence City staff on the making of employment appointments, awarding of contracts, selecting of consultants, processing of development applications, or granting of City licenses and permits.

7. Routine administrative support will be provided to the Mayor and all Councilmembers. Requests for additional staff support -– even in high priority or emergency situations — should be made to the City Manager.

8. D o not solicit political support from staff. The Mayor and Councilmembers should not solicit any type of political support (financial contributions, display of posters or lawn signs, name on support list, etc.) from City staff.

City staff may, as private citizens with constitutional rights, support political candidates but all such activities must be done away from the workplace and on personal time.
96 Item # C6.

9 CHAPTER IV. Meetings
A. All Council decisions must occur at City Council meetings pursuant to the requirements of the Ralph M. Brown Act. The City Council shall not use a series of telephone calls, a conference call, mass e-mailing or any other method of communication to discuss or decide matters within the jurisdiction of the Council among a majority of the Councilmembers.

B. Quorum

1. No business may be transacted by the Council at a regular or special meeting unless a quorum of the membership is present (on a 5 member Council, a quorum is 3 members).

2. When there is no quorum, the Mayor or Vice Mayor, or any Councilmember may adjourn a meeting, or if no Councilmember is present, the City Clerk may adjourn a meeting.

Council Meeting Dates; Cancellation

1. If at any time any regular meeting of the Council falls on a holiday, the regular meeting shall be held on the next business day or the earliest business day within a week.

2. Any meeting of the City Council may be canceled in advance by the Mayor.

It can also be cancelled by a majority of the Councilmembers at a City Council meeting. The City Manager may also cancel a meeting in cases of need, such as an emergency or when a majority of members have provided notice of their unavailability to attend a meeting.

D. Types of Meetings

1. Regular meetings are held on the first and third Tuesdays of each month at 7:00 p.m. in the City Hall Council Chambers, 455 E. Calaveras Blvd., Milpitas, California. Pursuant to the requirements of the City’s Open Government Ordinance, the Preliminary agenda is posted by the Wednesday preceding the regular meeting date. The Brown Act requires the posting of an agenda at least 72 hours prior to a regular meeting.

2. Special Meetings may be called by the Mayor. They can also be called by a majority of the Council at a public meeting. Any special meeting called requires a minimum of 24 hours notice as required by the Brown Act. Only business described in the notice may be transacted.

3. Study Sessions may be held as part of a regular meeting or special meeting and are held for the purpose of providing information to the City Council, particularly on issues that are more complex or more time- consuming. Study sessions may be conducted jointly with another City board, commission or committee or another governmental agency. At study sessions Councilmembers may state their individual responses and 97 Item # C6.

10 questions to the information provided and may collectively provide direction to City staff. No formal action is taken at the study sessions.

4. Closed Sessions can be part of either regular or special meetings, typically in advance of the regular or special meetings. The start time of the Closed Sessions shall be publicly noticed in accordance with the law. The Council conducts its business in public to the greatest extent possible. State law, however, recognizes that in certain limited circumstances authorized by the Brown Act, that the Council will need to meet in private without the public present. These matters may include certain personnel matters, labor negotiations, real property negotiations, matters of public security, and the discussion of litigation, among other topics listed in the Brown Act. These rules provide for strict confidentiality of City Council discussion as required by State law, and no Councilmember shall disclose anything discussed in closed session to any individual not present in that closed session. Violating this confidentiality requirement can subject an individual Councilmember to disciplinary action, a referral to the grand jury, and in some limited circumstances, criminal prosecution. In limited instances, if action is taken in closed session, the City Attorney may need to report out any action taken and any vote on that action.

5. Emergency Meetings can occur in limited circumstances when there is a work stoppage, crippling activity, other activity that impairs public health, safety, or dire emergency. Depending on the factual circumstances, 24 hour notice or one hour notice may be required, or no notice at all.

E. Teleconferencing

1. Pursuant to Government Code Section 54953(b), teleconferencing may be used as a method for conducting meetings where Councilmembers may be counted towards a quorum and participate fully in the meeting from remote locations. If a Councilmember participates in a meeting via teleconference, the following requirements must be met:
a. The remote locations must be connected to the main meeting location by telephone, video, or both.
b. The notice and agenda of the meeting must identify the remote location.
c. The agenda must be posted at the remote location and be accessible to the public.
d. All votes must be by roll call.
e. The meeting must in all respects comply with the Brown Act, including participation by members of the public present in the remote locations.
98 Item # C6.

11 f. During the teleconference, at least a quorum of the members of the City Council shall participate from locations within the boundaries of the City.

2. Alternatively, a Councilmember may appear virtually at a limited number of meetings without identifying his or her location on the agenda, posting the agenda in the remote location, or allowing public attendance in the remote location so long the Councilmember is participating remotely for just cause or due to emergency circumstances. The Councilmember must inform the City Manager as early as possible of the just cause or emergency circumstance so that the need for a remote appearance can be agendized and acted on by the entire Council.
a. An emergency circumstance means a physical or family medical emergency that prevents a Councilmember from attending in person. b. Just cause means, (A) a childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires a Councilmember to participate remotely, (B) a contagious illness that prevents a Councilmember from attending in person, (C) a need related to a physical or mental disability, or (D) travel while on official business of the City or another state or local agency.
c. The Councilmember requesting the virtual appearance shall offer the Council a general description of the circumstances relating to his or her need to appear virtually. The description generally need not exceed 20 words and shall not require the Councilmember to disclose any medical diagnosis or disability, or any personal medical information that is already exempt under existing law. The Council shall act on the request based on this description
d. A Councilmember may appear virtually for just cause not more than two times per calendar year. A Councilmember may not participate virtually pursuant to the relaxed Brown Act rules for a period of more than three consecutive months or 20 percent of the regular meetings for the local agency within a calendar year, or more than two meetings if the legislative body regularly meets fewer than 10 times per calendar year. e. During the meeting, the Councilmember shall publicly disclose, before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the Councilmember, and the general nature of the Councilmember’s relationship with any such individuals.
f. The member shall participate through both audio and visual technology, which means that the Councilmember must have their camera turned on during the conduct of the meeting.

3. Because there are other legal nuances to making use of the teleconferencing provisions in the Brown Act, please check in with the City Attorney or City Clerk in advance.
99 Item # C6.

12 4. During certain state of emergency situations, it may also be possible to meet remotely without complying with some of the requirements above, depending on certain findings that must be met during a state of emergency as required by the Brown Act. See, Cal. Gov. Code 54953(e) F. Presiding Officer

1. The Mayor presides at all City Council meetings. In the absence of the Mayor, the Vice Mayor is the presiding officer. If both the Mayor and Vice Mayor are absent, the remaining Councilmembers should select a presiding officer for that meeting. The presiding officer votes on all questions as do other members of the City Council.

2. The Mayor/presiding officer always sits in the middle seat at all formal council meetings. The Vice Mayor and City Manager are always seated immediately next to the Mayor/presiding officer. Councilmembers are seated based on seniority on the City Council. The Councilmember with the most seniority is seated next to the Vice Mayor, followed by the next most senior Councilmember and so forth. Seniority is defined by continuous time of service as an elected member of the Council. When two or more Councilmembers have equivalent time of service, those Councilmembers shall be given priority in seat selection by the highest number of votes in his/her most recent election.

3. The presiding officer conducts the meetings of the City Council to:

a. Ensure that consideration of items on the agenda move along without delay.
b. Ensure that petitioners, proponents and opponents are heard but not allowed to disrupt the meeting.
c. Ensure that decorum is maintained at the meeting.
d. In presiding over matters where the public has provided testimony and/or raised questions, the presiding officer should:
(i) Restate every question coming before the Council.
(ii) Direct questions or comments requiring a response to staff for a response.
(iii) Ensure that staff and members of the public direct their comments to the presiding officer.
(iv) If necessary, help keep Councilmember questions relevant to the matter being considered by the Council.
(v) If necessary, consider calling for a brief recess if orderly conduct of the meeting is being disrupted.
(vi) Announce the decision of the Council on all subjects. 100
Item # C6.

13 4. E nsure that each member of the Council is provided an opportunity to completely express their views on items of business, the Mayor should:
(i) See that Councilmembers ask to be recognized by the Mayor before speaking.
(ii) Ensure that each Councilmember is given the opportunity to fully express their views.

5. The Chief of Police, or his or her representative, is the ex officio sergeant- at-arms of the City Council. The ex officio sergeant-at-arms shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum in the council chamber.

G. Voting; Rules of Procedure

1. A motion, second, and a majority vote of the Council shall be required for any formal action of Council (except where a different vote requirement is set by state law). Votes and abstentions are taken by roll call, electronic voting, or any other means that allows the public to determine the votes of individual members as allowed by law. and Votes and abstentions shall be recorded in the meeting minutes.

2. Steps in making, discussing and voting on a formal motion:
a. The maker of the motion asks for recognition by the presiding officer. After the individual is recognized, he or she will say, "I move that we ..."
b. The presiding officer will ask if there is a second. Another member of the group must second the motion in order for it to be discussed.

A second is made by saying "I second the motion." The Mayor or any Councilmember can suggest one or more modifications in the motion, which the member making the motion can accept or reject.

There also may be times where the City Manager or City Attorney may suggest an amendment to the motion for clarity purposes for the public, which the member making the motion can accept or reject.
c. The presiding officer then restates the motion "It has been moved and seconded that ..." and opens the floor to discussion and debate. d. The presiding officer will recognize members who wish to comment on the motion. Only one “main motion” may be discussed at a time. e. Once discussion has concluded, the presiding officer will "call for the question" and conduct a roll call vote.
f. The presiding officer will announce the result of the vote. 101
Item # C6.

14 3. Unless state law requires otherwise, a majority vote is needed for the motion to pass. In the event of a tie vote, the motion does not pass.

4. Subject to state law limitations and to the extent this Handbook does not address an issue of parliamentary procedure, Roberts Rules of Order shall apply. For example, even though Roberts Rules of Order permit a legislative body to reconsider or rescind prior actions, under due process the City Council cannot reconsider or rescind a quasi-judicial decision after the decision is final, in the absence of statutory authority to the contrary.

5. The City Attorney serves as parliamentarian during City Council meetings.

The role of the parliamentarian is advisory; the Chair has the power to rule on questions of order.

H. Continued Matters

1. Any matter may be continued to a subsequent meeting.

2. If the Mayor or Councilmember who was not present at a prior meeting has reviewed the relevant documents and minutes from the missed meeting and, if possible, reviewed the recording or webcast from the meeting, then he or she shall disclose those actions on the record at the beginning of the discussion of the item and may vote on the continued matter. a. Exception: Continued Public Hearing. If a hearing is required for an agenda item, then the Mayor or a Councilmember shall not participate in the decision if that member was not present during the entire hearing from the time of its opening to the time of its close. (MMC § I-20-3.14.)
I. Public Participation

1. Members of the public are encouraged and invited to participate in the legislative process by submitting written comments before the meeting or speaking at a meeting.

It is the intent of these rules to allow everyone to be heard without fear of jeers or cheers that may discourage public participation. For this reason, these rules are taken seriously. Persons attending the meeting will refrain from behavior which will disrupt the public meeting. This includes making loud noises, clapping, shouting, booing, hissing, or engaging in any other activity in a manner that disturbs, disrupts, or impedes the orderly conduct of the meeting. Disruptive or threatening behavior may result in removal from the Council meeting.

2. Only the presiding officer can interrupt a speaker during a presentation.

However, a Councilmember can ask the Mayor for a point of order if the speaker is off the topic or exhibiting behavior or language the Councilmember finds disruptive.

3. Time Limits for public comment:
102
Item # C6.

15 a. Individual Speakers - 3 minutes or less as determined by the Mayor/presiding officer.
b. Organized group (in lieu of individual speakers) – up to 15 minutes, depending on the number of speakers represented and at the discretion of the Mayor.
c. The presiding officer may take a poll to determine number of speakers for each item and, at his/her discretion, limit the amount of time allotted to the speaker(s) when needed.

4. Individuals who wish to speak should submit a speaker card to the City Clerk to be called up at the appropriate time. Each speaker may only speak once on an item and shall speak at the podium into the microphone and address the City Council. A speaker may also provide comments virtually if the meeting format allows virtual participation.

5. Written or photographic materials relevant to consideration of a matter may be submitted to the Council. Copies of such materials should be provided for the Mayor, Councilmembers, City Clerk, City Manager and City Attorney. The materials must be submitted to the City Clerk’s Office by email to [email protected] by 12:00 p.m. on the day of the meeting, for distribution to the city officials in advance of the meeting/hearing. The City Council retains discretion to accept or to reject new documentation furnished on the night of the City Council meeting/hearing. Accepted materials are retained by the City and become part of the official public record.

6. W
ireless/ Cellular telephones or any other telecommunications device should be in the silent mode or turned off during the City Council meeting.

7. Literature distribution or petition circulation is not permitted when the City Council is in session. Such activity may occur outside the meeting room, provided access is not blocked.

8. Objects and symbolic materials, such as signs or banners, will be allowed in the Council Chambers, with the following restrictions:
a. Signs or symbolic objects shall not obstruct the view or passage of other attendees, or otherwise disturb the meeting.

b. Objects that are deemed a safety threat to persons at the meeting or could damage the facility itself will not be allowed.

J. Discussion Items on the agenda are to be conducted in the following order:

1. Staff / applicant presentation

2. Council questions to applicant and/or staff

3. Open public hearing (or public comment section) for comments 103
Item # C6.

16 4. Close public hearing (or public comment section)

5. Response by staff to public questions/concerns, if warranted

6. Council discussion and deliberation

7. Council votes
K. Quasi-Judicial Matters/Appeals/Revocation Hearings

1. Quasi-judicial matters and appeals will be considered at a noticed public hearing and will follow the order stated in Section I, above, with the following time allocations:
a. Applicant/Appellant – 15 minutes
b. Individual Speakers – 3 minutes
c. Rebuttal – 5 minutes
d. I n an appeal, if the appellant is not the applicant, the applicant shall also have 15 min and is entitled to make any concluding remarks prior to closure of the public hearing
The time limits may be changed by the presiding officer to permit full and fair consideration of a particular matter depending on the number of items on the agenda and the number of persons desiring to speak on a matter.

2. If the Mayor or a Councilmember has spoken or met with a proponent or opponent of a quasi-judicial matter or has visited the site of a project which is the subject of a hearing, that contact, or visit should be acknowledged and described on the record prior to the opening of the hearing. Any facts that could influence the Mayor or a Councilmember's decision, must be included in the public record.

L. Items Considered after 11:00 p.m.

1. Unless a majority of the Council determines there is a need to act, no items shall continue, and no new items shall be heard after 11:00 p.m.

M. Conflict of Interest

1. The Political Reform Act (PRA) enforced by the Fair Political Practices Commission (FPPC), controls financial conflicts of interest.

2. In accordance with the Open Government Ordinance (MMC I-310-2.180), at the beginning of each City Council meeting or upon the arrival of the Mayor or Councilmember, the City Attorney shall ask the Mayor and each member of the City Council to disclose any financial or personal conflict with any item on the City Council's agenda. Pursuant to Government Code section 87105, if the Mayor or a Councilmember discloses that such a personal financial interest is present, he or she shall publicly identify the 104
Item # C6.

17 conflict or potential conflict in detail sufficient to be understood by the public and shall recuse him or herself from taking action on the item if required to do so by law and leave the meeting room.

3. The other applicable law is Government Code §1090, which applies only to contracts in which a public official has a financial interest.

4. Whenever it appears to a Councilmember that he or she may have a prohibited financial interest in any item that may be presented to the City Council, the Councilmember should consult with the City Attorney at the earliest opportunity for advice on whether a disqualifying conflict of interest exists.

5. With full consideration of the City Attorney’s advice, it is up to each individual Councilmember to decide for him/herself whether there is a conflict of interest. When a Councilmember may be in doubt, the City Attorney can obtain more formal advice from the Fair Political Practices Commission (FPPC).

6. A member shall not vote upon any matter on which s/he has a conflict of interest.

7. A member shall openly state the reason for his/her conflict of interest, or work in consultation with the City Attorney to state something on the record.

8. A member who is disqualified by a conflict of interest shall recuse him/herself from the dais and leave the room unless it is during the Consent Calendar.

N. Meeting Language

1. In accordance with Article III, Section 6 of the California Constitution, English is the official language of the State of California. English should be the language used for the formal portions of any meeting. All business of the Council should be transacted in English.

2. Councilmembers who wish to translate brief comments or questions made in English from the dais into a language that assists limited English‐ proficient speakers may do so, so long as the question or comment is first placed into the record in English, and the translation is a true and correct translation of the English comment.

3. Councilmembers may address their constituents in any language they choose outside of a meeting in which the official business of the City is conducted.

4. When appropriate or otherwise required by law, the City may provide access, services, and programs for limited English‐proficient speakers 105
Item # C6.

18 such as translation services for limited English‐proficient speakers including in person, telephonic, or Zoom translation services.

5. Limited English‐proficient speakers must be allowed the same amount of time to comment on at item or at public comment as other speakers. The translation of a person’s comments cannot be counted toward his or her time limit.

106
Item # C6.

19 CHAPTER V. Meeting Agendas and Minutes
A. Agenda Order
City Council agendas will be prepared by the City Clerk and presented to the City Council in the order described below. The presiding officer with the approval of a majority of the Council can change the order of hearing the items on the agenda.

1. Opening
a. Call to Order by Mayor and Roll Call by City Clerk
b. Adjourn to Closed Session
c. Closed Session Announcement
d. Pledge of Allegiance. If the Mayor and Vice Mayor are both absent, then the City Clerk calls the meeting to order and a temporary presiding officer is elected by a majority of those councilmembers present. Upon the arrival of the Mayor or Vice Mayor, the temporary presiding officer relinquishes the chair at the conclusion of the business then before the City Council.
e. Invocation. In accordance with the policy adopted by City Council (SOP 1.2), the Mayor and Councilmembers shall invite a community member to give an invocation at the speaker podium.

2. Ceremonial matters.

The presentation and receipt of proclamations and
commendations not requiring formal legislative action.

3. Public Forum. Members of the public wishing to comment on any item not appearing on the agenda may address the City Council at this time. State law prevents Council from taking action on any matter not on the agenda.

Comments may be referred to staff for follow up. Individuals are limited to 3 minutes. However, the presiding officer has discretion to reduce the speaking time in situations where there are a large number of persons who wish to speak.

4. Announcements and Future Agenda Items. The Mayor and Councilmembers shall report on any meetings or conferences attended and paid for by the City and may also report on various assignments or other events. The Mayor and Councilmembers shall be limited to the same amount of speaking time as members of the public during open public comment (3 minutes). The City Manager may also make brief announcements.

This section will include special reports and any other requests for staff work by the Mayor and Council.

107
Item # C6.

20 5. Announcements of Conflict of Interests and Campaign Contributions. City Attorney shall ask the Mayor and Councilmembers to declare any conflicts of interest or campaign donations related to items on the agenda, in accordance with the Milpitas Open Government Ordinance (Municipal Code I-310)

6. Reading of the City Council Code of Conduct

7. Approval of Agenda

8. Consent Calendar. All matters listed under the Consent Calendar, including minutes, are considered by the Council to be routine and will be enacted by one motion without discussion (except for simple clarifying questions). If discussion is desired, that item may be removed and considered separately.

9. Public Hearing. Duly noticed hearings as mandated by local, state, or federal law, providing an opportunity for public review and comment of a proposed action by the Council.

10. Community Development. This section will cover the Community Development City Service Area and will include items related to Building Safety and, Housing, Economic Development, Engineering (Land Development), Fire (Fire Prevention), and Planning.

11. Community Services and Sustainable Infrastructure. This section will cover the Community Services and Sustainable Infrastructure City Service Area and will include items related to Engineering (Capital Projects and Solid Waste), Public Works, and Recreation and Community Services, .

12. Public Safety. This section will cover the Public Safety City Service Area and will include items related to Fire/Emergency Preparedness and Police.

13. Leadership and Strategic Support Services. This section will cover the Leadership and Support ServicesStrategic Support City Service Area and will include items related to the City Clerk, City Council, City Manager, Finance, Human Resources, and Information ServicesTechnology.

14. Reports of Mayor and Councilmembers. Reports and work plans from Commissions will be presented in this section. Reports from Council Subcommittees will also be presented in this section.

15. Adjournment

B. Agenda Item Submission
108
Item # C6.

21 1. The City Manager has the primary responsibility for the development of the Council Agenda, ensuring all protocols are followed, and that management of the agenda is closely linked to organizational goals and work plans. Any item that is placed on the agenda shall be in accordance with the City’s Open Government ordinance (MMC I-310) so that it can be clearly understood by members of the community.

2. Mayor or Councilmember:
a. The Mayor or a Councilmember may request the City Manager to add an item to a Council agenda. No staff report or other staff work will occur until the item is discussed before the full City Council.

Discussion and prioritization by the City Council will occur on a quarterly basis.
b. Councilmembers may make this request verbally during a meeting or may submit a written request to the City Manager at other times. c. See Section 2.C.4 “Request for Staff Resources” for further details on any associated staff work related an agenda item request.

3. Members of the Public. A member of the public may request Council action in the following ways:
a. Write a letter to the City Council
b. Speak during the Public Comment period at a City Council meeting c. Attend annual Council goal setting meeting and provide input Upon agreement of a majority of the City Council, Council will determine whether to place on a future agenda an item requested by the public.

C. Meeting Minutes

1. The preparation of accurate minutes is the responsibility of the City Clerk. a) In general, summary minutes are used to record proceedings. The record focuses on who spoke and the motions and votes. Video recordings are used in order to serve a number of administrative, legal, and historical functions and to provide verbatim record of meetings. Failure to record does not affect the validity of any proceedings or action taken by the City Council.
b) T
he City Clerk may be directed by the presiding officer, with the consent of the City Council, to enter in the minutes a synopsis of the discussion of any matter coming before the City Council. The synopsis should be in complete sentences.
109
Item # C6.

22 c) The Mayor or a Councilmember may request, through the presiding officer, the privilege of having a previously prepared written abstract summarizing the major points of his or her statement on any subject under consideration entered into the minutes. If the City Council consents, such an abstract is entered into the minutes. d) Items such as letters which individuals request “to have entered into the record” are referred to in, but do not become a part of, the minutes.
e) Changes in substantive matters may be made only at the direction of a majority of the City Council. Clerical corrections are to be made when discovered in order to maintain accuracy.

110
Item # C6.

23 CHAPTER VI. City Council Actions
Several different types of action may be taken by the Mayor and/or City Council.

A. Proclamations.

Proclamations are issued by the Mayor without formal action by the City Council.

Proclamations are public announcements directing attention to a person, organization or event, such as Citizen of the Year, Girl Scout Week, or International Year of the Child. Councilmembers need to make their requests to the Mayor, only the Mayor can issue proclamations.

B. Commendations.

Commendations are acknowledgments of the activities of a person or organization, issued by the Mayor or more Councilmembers without formal action being taken. Commendations typically acknowledge exceptional endeavors or are given to retiring employees and departing board and commission members and are presented at an appropriate function or council meeting.

C. Ordinances.

Legislative acts of the City Council are known as ordinances. Subject to certain state law exceptions, most ordinances are introduced at one meeting and are adopted by majority vote at a subsequent meeting, and go into effect 30 days after adoption.

An ordinance is necessary (1) when state law requires a regulation to be adopted by ordinance, (2) to amend or repeal provisions of the Municipal Code or any uncodified ordinances, and (3) to impose regulations on persons or property in the City.

Ordinances shall be prepared by the City Attorney. Ordinances are prepared for presentation to the City Council when ordered by a majority vote of the City Council, or when requested by the Mayor or the City Manager, or when prepared on the City Attorney’s own initiative.

D. Resolutions.

Resolutions are City Council actions which become effective upon adoption and encompass the business not addressed through ordinances. They are typically used to handle routine business and administrative matters requiring some type of formal memorialization. Resolutions are used for various reasons, such as when specifically required by law, when needed as a separate evidentiary document to be transmitted to another agency, or where the frequency of future reference back to its contents warrants a separate documents to facilitate reference and research.

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24 E. Motions.

The least formal of City Council actions, motions typically are used for procedural matters (such as to continue items) or for administrative matters (such as to accept reports). An adopted motion is as legally effective and binding as an adopted resolution but generally is recorded simply as an item entry in the minutes.

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Item # C6.

25 CHAPTER VII. Communication
A. California Public Records Act.

All letters, memoranda, and email and other electronic communications involving City Councilmembers and members of boards, commissions, committees and task forces, the subject of which relate to the conduct of government or the performance of any governmental function, with a few exceptions as outlined in the Public Records Act, are public records. Emails and texts with content that concerns City business with other City employees or officials or interested members of the public are likely public records even if they are sent to/from a personal account or device.

B. Ralph M. Brown Act
Each Councilmember should be mindful of all of the requirements of the Brown Act and the Open Government Ordinance contained at Milpitas Municipal Code I-310.1.00 in communicating with each other. A majority of the Council shall not use a series of telephone calls, a conference call, mass e-mailing or any other informal session to discuss or decide matters before the City Council. This type of communication would be considered a “serial meeting” in violation of the law.

Section 54952.2(b)(1) of the Brown Act prohibits a majority of members of a legislative body outside of a lawful meeting from directly or indirectly using a series of meetings to discuss, deliberate or take action on any item of business within the subject matter jurisdiction of the body. Paragraph (b)(2) expressly provides that substantive briefings of members of a legislative body by staff are permissible, as long as staff does not communicate the comments or positions of members to any other members.

A serial meeting is a series of meetings or communications between individuals in which ideas are exchanged among a majority of a legislative body (i.e., three council members) through either one or more persons acting as intermediaries or through use of a technological device (such as a telephone answering machine, or e-mail or voice mail), even though a majority of members never gather in a room at the same time. Serial meetings commonly occur in one of two ways; either a staff member, a member of the body, or some other person individually contacts a majority of members of a body and shares ideas among the majority (“I’ve talked to Councilmembers A and B and they will vote ‘yes.’ Will you?”) or, without the involvement of a third person, member A calls member B, who then calls member C, and so on, until a majority of the body has reached a collective concurrence on a matter.

1. Contacts with staff
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Item # C6.

26 Staff can inadvertently become a conduit among a majority of a legislative body in the course of providing briefings on items of local agency business. To avoid an illegal serial meeting through a staff briefing:
a. Individual briefings of a majority of members of a legislative body should be “unidirectional,” in that information should flow from staff to the member and the member's participation should be limited to asking questions and acquiring information. Otherwise, multiple members could separately give staff direction thereby causing staff to shape or modify its ultimate recommendations in order to reconcile the views of the various members, resulting in an action outside a meeting.
b. Members should not ask staff to describe the views of other members of the body, and staff should not volunteer those views if known. c. Staff may present its viewpoint to the member but should not ask for the member's views, and the member should avoid providing his or her views unless it is absolutely clear that the staff member is not discussing the matter with a quorum of the legislative body.

2. Contacts with constituents, bargaining unit representatives, developers, and lobbyists
As with staff, a constituent, bargaining group representative, developer, or lobbyist can also inadvertently become an intermediary who causes an illegal serial meeting. Constituents' unfamiliarity with the requirements of the Act aggravates this potential problem because they may expect a member of a legislative body to be willing to commit to a position in a private conversation in advance of a meeting. To avoid serial meetings via constituent conversations:
a. First, state the ground rules “up front.” Ask if the constituent has or intends to talk with other members of the body about the same subject; if so, make it clear that the constituent should not disclose the views of other members during the conversation.
b. Explain to the constituent that you will not make a final decision on a matter prior to the meeting. For example: “State law prevents me from giving you a commitment outside a meeting. I will listen to what you have to say and give it consideration as I make up my mind.” 114
Item # C6.

27 c. Do more listening and asking questions than expressing opinions. d. If you disclose your thoughts about a matter, counsel the constituent not to share them with other members of the legislative body.

3. Contacts with fellow members of the same legislative body Direct contacts concerning local agency business with fellow members of the same legislative body, whether through face-to-face or telephonic conversations, notes or letters, electronic mail, or staff members, are the most obvious means by which an illegal serial meeting can occur. This is not to say that a member of a legislative body is precluded from discussing items of agency business with another member of the body outside of a meeting; as long as the communication does not involve a quorum of the body, no “meeting” has occurred. There is, however, always the risk that one participant in the communication will disclose the views of the other participant to a third or fourth member, creating an illegal serial meeting. Therefore, it is recommended you avoid discussing local agency business with a quorum of the body or communicating the views of other members outside a meeting.

C. Mail Processing

1. Members of the City Council may receive mail and other materials through City Hall.

2. All mail received and specifically addressed to the Mayor or a Councilmember shall be placed in the mail drawer for that person without first being opened.

3. General correspondence addressed to Councilmembers as a whole may be opened and delivered to all Councilmembers if appropriate.

D. Correspondence

1. The City Manager or designee is authorized to receive and take administrative action on all correspondence directed to the City Council.

The City Manager or designee may also respond to correspondence submitted to the full City Council on non-agenda items or authorize a staff member to respond. A courtesy copy is provided to each Councilmember.

2. Generally, correspondence relating to a specific City Council agenda item shall be distributed with the agenda report; correspondence received after the publication of agenda packets is to be compiled and distributed to the City Council prior to the City Council meeting.
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Item # C6.

28 3. After the City Council has taken a position on an issue, official correspondence should reflect this position. While Councilmembers who may disagree with a position are free to prepare correspondence on such issues as private citizens, City letterhead, official City Council title, and staff support should not be utilized. In addition, City letterhead and staff support cannot be utilized for personal or political purposes.

E. City letterhead, logo, insignia, and brand, as well as staff support, cannot be utilized for personal or political purposes.

F. Council Communication to Planning Commission

1. The Mayor and Councilmembers should be mindful not to unduly influence the decision at the Planning Commission meeting so as not to get ahead of the process.

2. It is not appropriate for the Mayor or a Councilmember to make public comments at the Planning Commission meeting unless he/she is acting in his or her personal capacity. If/when the matter comes before the City Council, such member should recuse him or herself from the matter.

G. External Communication

1. The Mayor and Councilmembers may communicate on behalf of the City through media interviews, letters, and newsletters. They may also be quoted in City issued press releases. Although the Mayor and Councilmembers are able to express individual opinions, any communication made on behalf of the City shall be aligned with Council adopted policies, programs, priorities. City issued press releases will include a quote by Mayor and other quotes, if any, will be determined by the City Manager, based on related work by each Councilmember.

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29 CHAPTER VIII. Council Liaison Roles
The Mayor and Councilmembers serve on behalf of Milpitas as members of other governmental entities, committees, and agencies.

A. City Council Liaison

1. All City Councilmembers shall serve as liaisons to other City Commissions which shall be approved by the full City Council. In serving as a liaison, a City Councilmember shall endeavor to attend all Commission meetings of the Commission to which he or she is assigned.

2. Statements made by the City Council liaison about the City's official position should reflect the majority opinion of the City Council, which is defined by current or past official City Council action via City Council vote or consensus.

3. I f the Mayor or a Councilmember wishes to attend the meeting of a Board, Agency, Committee or Task Force to which he/she has not been appointed to serve on by the City Council, the Mayor or Councilmember, as a courtesy, should advise the City representative(s), if any, as well as the respective chair, and should be mindful of the influence of his/her presence. If the presence of the Mayor or Councilmember shall constitute a quorum of the City Council, the meeting should be noticed as that of the City Council and all Councilmembers invited. An exception to this rule is when the Mayor or Councilmember observes only and does not speak at the meeting.

B. Milpitas Public Financing Authority, Milpitas Municipal Financing Authority, and Housing Authority Commission.

The Mayor and Councilmembers serve as the members of the Milpitas Public Financing Authority,. Milpitas Municipal Financing Authority, and Housing Authority Commission.

C. Regional Boards and Outside Agency Representatives.

1. The role of a Member on regional Boards will vary depending on the nature of the appointment.

2. Reporting. Council representatives to Regional Boards shall keep the Mayor and Councilmembers informed of ongoing business through short written reports to the Mayor and Councilmembers or update reports to the City Council during the "Mayor and Councilmember Reports" opportunity on the City Council meeting agenda.

3. In the event the primary assigned liaison is unable to attend a particular meeting, he or she should notify the chair of the board/agency, and the 117
Item # C6.

30 appointed alternate Council representative, or Mayor, should attend in the place of the primary.
118
Item # C6.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Receive the January – March 2023 Report for Unhoused Services (Staff Contact:

Alex Andrade, Economic Development Director, 408-586-3046) Category: Consent Calendar-Community Development
Meeting Date: 6/20/2023
Recommendation: Receive the January – March 2023 report for unhoused services.

BACKGROUND:

On November 10, 2020, the City Council approved and authorized staff to enter into an agreement for homeless outreach and assessment services with Santa Clara County Office of Supportive Housing. The County’s Homeless Engagement and Access Team (HEAT), via Abode Services, began conducting outreach in March 2021 to engage and provide resources to the city’s unhoused residents. On March 15, 2022, the City Council approved using American Rescue Plan Act (ARPA) monies to continue funding HEAT through December 2023.

On December 1, 2020, the City Council directed staff to implement a six-month pilot mobile shower and laundry program. The nonprofit service provider, WeHOPE’s Dignity on Wheel program, began providing mobile shower and laundry services every Sunday starting March 21, 2021, on Winsor Street, located immediately south of the Milpitas Library. On September 7, 2021, the City Council directed staff to continue the mobile shower and laundry program for an additional 12 months. On September 6, 2022, the City Council approved a continuation of services, and on April 4, 2022, the City Council approved gap funding to cover services through June 30, 2023.

This report reflects the January - March 2023 progress update for local unhoused services.

ANALYSIS:

From January – March 2023, the HEAT Team continued to collaborate with City staff and the County Office of Supportive Housing to conduct outreach throughout Milpitas to engage and provide resources to the city’s unhoused residents. The HEAT Team provided basic needs items and transportation resources. The HEAT Team continued to foster rapport with unhoused residents to provide housing and employment resources, as well as to coordinate care with the Office of Supportive Housing. During the months of January, February, and March, the HEAT Team enrolled 19 clients and completed 24 assessments. Adding to 212 clients enrolled and 229 clients assessed since services began in March 2021, this makes a total of 231 clients enrolled and 253 clients assessed. Since the HEAT Team has been conducting proactive outreach throughout Milpitas, they have been able to locate and connect with unhoused residents both at known and new locations. For the unhoused individuals that did not provide identifying information for the HEAT Team to enroll or assess, they provided basic needs items and community resources. See Attachments 2-4 for the HEAT Team January – March 2023 reports.

From January – March 2023, WeHOPE provided 12 sessions to the unhoused community, providing a total of 217 showers and 96 loads of laundry, serving 120 unduplicated individuals. See Attachments 5-7 for the WeHOPE Dignity on Wheels January – March 2023 reports.

In addition to working closely with the above service providers, City departments continued to collaborate in providing assistance to the unhoused residents. Referrals to the HEAT Team continue to be provided through the City’s referral process. This process has reduced internal messaging and maximized the HEAT Team’s ability to quickly respond to requests for assessments and to provide updates to City staff. For a summary of 119
Item # C7.

the various activities and services for Milpitas unhoused residents as described above, refer to Attachment 1 for the January – March 2023 report for unhoused services.

FISCAL IMPACT:

There is no fiscal impact on the City budget other than staff time related to this item.

California Environmental Quality Act (CEQA):

The action being considered has no potential for causing a significant effect on the environment and is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).

RECOMMENDATION:

Receive the January – March 2023 report for unhoused services.

Attachment(s):

1. January – March 2023 report for unhoused services

2. January 2023 HEAT Team report

3. February 2023 HEAT Team report

4. March 2023 HEAT Team report

5. January 2023 WeHOPE Dignity on Wheels report

6. February 2023 WeHOPE Dignity on Wheels report

7. March 2023 WeHOPE Dignity on Wheels report

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Item # C7.

Date
Referred
1 Hillview Bridge Encampment Valley Water N/A
2 Topaz Street 1 Encampment City N/A
3 Serra Center Encampment Private Property N/A
4 Ocean Supermarket Encampment or Outreach Private Property 1 2/21/2023 N/A 1 2/21/2023 1 2/21/2023 5 Dixon Road 1 Encampment City N/A
6 Dixon Road 2 RV Vehicles City N/A
7 Calaveras Blvd Overpass Encampment City N/A
8 Dempsey Road 1 Encampment City N/A
9 Sinclair Frontage Road Encampment or Outreach Union Pacific Railroad 1 1/30/2023 N/A 1 1/30/2023 1 1/30/2023 10 Yosemite Business Park Encampment Private Property N/A 11 Gibraltar Court Trailers City N/A
12 Topaz Street 2 Encampment City N/A
13 Railroad Court Camp/Trailers City N/A
14 Abel Plaza Encampment Private Property N/A
15 S. Main Street Encampment City N/A
16 S. Abbott Avenue Encampment City (if on street) or County (if on County property) N/A
17 W. Calaveras Blvd Encampment City N/A
18 Ethyl Court Camp/Cars City N/A
19 Hammond Way Cars/Trailers or Outreach City N/A
20 Coyote Creek Trail 1 Encampment Valley Water N/A
21 Coyote Creek Trail 2 Encampment Valley Water N/A
22 Coyote Creek Trail 3 Encampment Valley Water N/A
23 Calaveras Plaza Shopping Center Outreach (contact made in non-encampment setting) N/A 1 1
3 2/15/2023
2/7/2023
3/9/2023
N/A
1 1
3 2/15/2023
2/7/2023
3/9/2023
1 1
3 2/15/2023
2/7/2023
3/9/2023
24 Dignity on Wheels Mobile Shower and Laundry Outreach (contact made in non-encampment setting) N/A N/A 25 Dixon Landing Shopping Center Outreach (contact made in non-encampment setting) N/A N/A 26 Great Mall Outreach (contact made in non-encampment setting) N/A N/A 27 Milpitas Library Outreach (contact made in non-encampment setting) N/A 3 3/13/2023 N/A 2 3/13/2023 3 3/13/2023 3 assessed and 2 enrolled due to 1 client being previously enrolled
28 Main Street Outreach (contact made in non-encampment setting) N/A 1 1/30/2023 N/A 1 1/30/2023 1 1/30/2023 29 Other (Street, Panhandle, Vehicle Dweller, or Unidentified Location) Outreach (contact made in non-encampment setting) N/A 30 Dempsey Road 2 Encampment Private Property N/A
31 Serra Center Outreach (contact made in non-encampment setting) N/A 1 1 1/11/2023
2/9/2023 N/A 1
1 1/11/2023
2/9/2023
1 1
1/11/2023
2/9/2023
32 E. Calaveras Blvd Outreach (contact made in non-encampment setting) N/A 1 3/6/2023 N/A 0 3/6/2023 1 3/6/2023 0 = previously enrolled client 33 Dempsey Road 3 Outreach (contact made in non-encampment setting) N/A N/A 34 Galaxy Court Outreach (contact made in non-encampment setting) N/A N/A 35 Ranch Drive Outreach (contact made in non-encampment setting) N/A N/A 36 Jacklin Rd Vehicle City N/A
37 Folsom Ct Outreach (contact made in non-encampment setting) N/A N/A 38 Other (near Extended Stay) Outreach (contact made in non-encampment setting) N/A N/A 39 S. Park Victoria Outreach (contact made in non-encampment setting) N/A 1 3/9/2023 N/A 1 3/9/2023 1 3/9/2023 40 O'Toole Elms Park Outreach (contact made in non-encampment setting) City N/A 41 America's Best Value Inn Outreach (contact made in non-encampment setting) Private Property N/A 42 Milpitas Sports Center Park Outreach (contact made in non-encampment setting) City N/A 43 Foothill Park Outreach (contact made in non-encampment setting) City N/A 44 Washington Road Vehicle City N/A
45 Burley Drive Vehicle City N/A
46 W. Calaveras Blvd Outreach (contact made in non-encampment setting) N/A N/A 47 Albert Augustine Jr. Memorial Park Outreach (contact made in non-encampment setting) N/A N/A 48 N. Milpitas Bridge Encampment N/A N/A
49 Victorian Sqaure Outreach (contact made in non-encampment setting) N/A N/A 50 Calaveras 3 Encampment N/A N/A
51 Cardoza Park Outreach (contact made in non-encampment setting) N/A 2 1/9/2023 N/A 2 1/9/2023 2 1/9/2023 52 Railroad Avenue Encampment N/A N/A
53 Sunnyhills Shopping Center Outreach (contact made in non-encampment setting) N/A 2 3/6/2023 N/A 2 3/6/2023 2 3/6/2023 54 Pioneer Park Vehicle N/A N/A
55 McCarthy Ranch Vehicle N/A 1
1 2/24/2023
2/7/2023
3/3/2023
N/A
1 0
1 2/24/2023
-----
3/3/2023
1 1
1 2/24/2023
2/7/2023
3/3/2023
0 = previously enrolled client
56 Yosemite 6 Encampment N/A 1 3/6/2023 N/A 0 ----- 1 3/6/2023 0 = previously enrolled client 57 Beresford Square Outreach (contact made in non-encampment setting) N/A 1 3/27/2023 N/A 1 3/27/2023 1 3/27/2023 Total 24 20 24
Session Location
Milpitas Library
Milpitas Library
Milpitas Library
WeHOPE Dignity on Wheels
Mobile Shower and Laundry 36 87 33
1/8/2023, 1/15/2023, 1/22/2023, 1/29/2023 4 40 67
2/5/2023, 2/12/2023, 2/19/2023, 2/26/2023 4
35 Loads of Laundry Provided
3/5/2023, 3/12/2023, 3/19/2023, 3/26/2023 4 40
Service Dates Number of Sessions Total Unduplicated Individuals Served Showers Provided 28 63
Unhoused
Count DateS Counted
JANUARY - MARCH 2023 REPORT FOR UNHOUSED SERVICES
Date
Housed
JurisdictionOutreach Location Type NotesDateS Assessed Clients Assessed Clients Enrolled DateA Enrolled Clients
Housed
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Item # C7.

Santa Clara County Office of Supportive Housing
Abode Services
Milpitas HEAT Team
January 2023 Report

In January, Abode Services HEAT outreach specialists continued to respond to referrals from the City of Milpitas and Milpitas PD, regarding community concern unhoused individuals throughout various regions of the city of Milpitas.

Abode’s HEAT staff continued to provide follow-up services to existing Milpitas enrollments and educated newly enrolled individuals about how to enlist in appropriate community resources to improve their living situation. Moreover, the HEAT staff facilitated referrals to the Santa Clara County’s emergency shelter system hotline and safe parking alternatives. The HEAT staff were able to link two participants to the clinical outreach team with the Office of Supportive Housing for collateral mental health services.

The following table reflects the number of outreach contacts, the total number of unhoused enrolled into the SCC HEAT program, as well as the number of VI-SPDAT assessments administered:

Milpitas HEAT Contact, Enrolled, Assessed Clients: January 2023

Outreach Location
Outreach
Contact
Enrolled
Assessments
Milpitas Outreach- Main Street 11 1 1 1
1/30/23 1 1 1
Milpitas Encampment- Sinclair Frontage 5 1 1 1
1/30/23 1 1 1
Milpitas Outreach- Serra Center 13 1 1 1
1/11/23 1 1 1
Milpitas Outreach - Cardoza skate park 2 2 2
1/9/23 5 5 5
Grand Total
Milpitas Outreach= Contact made with client in non-
encampment setting

Milpitas Encampment= Contact made at a location
where a tent and/or other structures are used as
shelter
*Previously enrolled participant

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Item # C7.

123
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Santa Clara County Office of Supportive Housing
Abode Services
Milpitas HEAT Team
February 2023 Report

In February, the Abode Services Outreach team provided outreach and prevention services throughout the City of Milpitas and connected with six unhoused individuals, one of which was already enrolled in the program and was re-assessed due to a significant life change.

Due to the inclement weather conditions, Abodes HEAT staff provided weather appropriate basic needs items, such as: hand warmers, space blankets, and weather appropriate clothing items to all clients. Abode’s outreach specialists continued to coordinate care and maintain supportive contact for existing program enrollments and continued to support new and existing clients with housing readiness tasks.

The following table reflects the number of outreach contacts, the total number of unhoused enrolled into the SCC HEAT program, as well as the number of VI-SPDAT assessments administered:

Milpitas HEAT Contact, Enrolled, Assessed Clients: February 2023

Outreach Location
Outreach
Contact Enrolled Assessments
Milpitas Outreach- Ocean Market 1 1 1
2/21/23 1 1 1
Milpitas Outreach- Serra Center 13 1 1 1
2/09/23 1 1 1
Milpitas Outreach - McCarthy Ranch 2 1 2
2/24/23 1 1 1
2/07/23 1 0* 1
Milpitas Outreach- Calaveras Plaza
Shopping Center (Vehicle Dweller) 2 2 2
2/15/23 1 1 1
2/07/23 1 1 1
Grand Total 6 5 6
Milpitas Outreach= Contact made with client in non-
encampment setting

Milpitas Encampment= Contact made at a location
where a tent and/or other structures are used as
shelter
*Previously enrolled participant

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125
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Santa Clara County Office of Supportive Housing
Abode Services
Milpitas HEAT Team
March 2023 Report

In March, two Abode HEAT staff were deployed throughout various regions of the city of Milpitas and enrolled nine new unhoused individuals. The team revisited 4 existing clients to conduct re- assessments due to the client experiencing a significant life event. The team referred 1 client to the OSH clinical team for additional mental health and collateral services and linked two clients to the backpack medical team through the Valley Healthcare Homeless Program.

In addition, Abode’s outreach team continued to distribute basic needs items and inform the unhoused about appropriate community resources to improve living situation and stabilize other life domains.

The following table reflects the number of outreach contacts, the total number of unhoused enrolled into the SCC HEAT program, as well as the number of VI-SPDAT assessments administered:

Milpitas HEAT Contact, Enrolled, Assessed Clients: March 2023

Outreach Location
Outreach
Contact Enrolled Assessments
Milpitas Outreach (Vehicle Dweller) -
Beresford Square 1 1 1
3/27/23 1 1 1
Milpitas Outreach - Milpitas library 3 2* 3
3/13/23 3 2 3
Milpitas Outreach- S. Park Victoria Dr. 1 1 1
3/09/23 1 1 1
Milpitas Outreach- Calaveras Plaza
Shopping Center 3 3 3
3/09/23 3 3 3
Milpitas Encampment- Yosemite Dr. 1 0* 1
3/06/23 1 0 1
Milpitas Outreach - Sunnyhills Shopping
Center 2 2 2
3/06/23 2 2 2
Milpitas Outreach (Vehicle Dweller) - E
Calaveras Blvd. 1 0* 1
3/06/23 1 0 1
Milpitas Outreach – McCarthy Ranch 1 1 1
3/03/23 1 1 1
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Item # C7.

Grand Total 13 9 13
Milpitas Outreach= Contact made with client in non-
encampment setting

Milpitas Encampment= Contact made at a location
where a tent and/or other structures are used as
shelter
*Previously enrolled participant

127
Item # C7.

MIL Services Report
As of 2023-02-02 07:46:41 Pacific Standard Time/PST • Generated by Accounting Department Filtered By
Show: All dow clients
Date Field: Visit Start equals Last Month (1/1/2023 to 1/31/2023) Expense Code equals MIL
Field Location ↑ Services Rendered
Milpitas Library Laundry; Shower
Laundry; Shower
Shower
Laundry; Shower
Laundry; Shower
Shower
Laundry
Shower
Laundry; Shower
Shower
Shower
Shower
Laundry; Shower
Shower
Shower
Shower
Shower
Shower
Subtotal Count 18
Laundry
Shower
Shower
Laundry; Shower
Shower
Laundry; Shower
Shower
Shower
Laundry
Shower
Laundry; Shower
Shower
Shower
1/15/2023
Visit Start ↑
1/8/2023
128
Item # C7.

Shower
Shower
Subtotal Count 15
Laundry; Shower
Shower
Laundry; Shower
Shower
Shower
Shower
Shower
Shower
Shower
Laundry; Shower
Shower
Laundry; Shower
Shower
Laundry; Shower
Laundry
Shower
Shower
Laundry
Shower
Shower
Laundry
Laundry
Shower
Shower
Subtotal Count 24
Laundry; Shower
Shower
Laundry; Shower
Shower
Shower
Laundry
Shower
Shower
Shower
Laundry; Shower
Laundry; Shower
Laundry
Laundry; Shower
Shower
Shower
1/29/2023
1/22/2023
129
Item # C7.

Shower
Shower
Shower
Shower
Subtotal Count 19
Subtotal Count 76
Total Count 76
Confidential Information - Do Not Distribute
Copyright © 2000-2023 salesforce.com, inc. All rights reserved. 130
Item # C7.

City Staff Calculation Page for January 2023 Report
Date Services
1/8/2023 Laundry; Shower
1/8/2023 Laundry; Shower Row Labels Count of Services
1/8/2023 Shower 1/15/2023 15
1/8/2023 Laundry; Shower Laundry 2
1/8/2023 Laundry; Shower Laundry; Shower 3
1/8/2023 Shower Shower 10
1/8/2023 Laundry 1/22/2023 24
1/8/2023 Shower Laundry 4
1/8/2023 Laundry; Shower Laundry; Shower 5
1/8/2023 Shower Shower 15
1/8/2023 Shower 1/29/2023 19
1/8/2023 Shower Laundry 2
1/8/2023 Laundry; Shower Laundry; Shower 5
1/8/2023 Shower Shower 12
1/8/2023 Shower 1/8/2023 18
1/8/2023 Shower Laundry 1
1/8/2023 Shower Laundry; Shower 6
1/8/2023 Shower Shower 11
1/15/2023 Laundry Grand Total 76
1/15/2023 Shower
1/15/2023 Shower Total Showers 67
1/15/2023 Laundry; Shower Total Laundry 28
1/15/2023 Shower
1/15/2023 Laundry; Shower
1/15/2023 Shower
1/15/2023 Shower
1/15/2023 Laundry
1/15/2023 Shower
1/15/2023 Laundry; Shower
1/15/2023 Shower
1/15/2023 Shower
1/15/2023 Shower
1/15/2023 Shower
1/22/2023 Laundry; Shower
1/22/2023 Shower
1/22/2023 Laundry; Shower
1/22/2023 Shower
1/22/2023 Shower
1/22/2023 Shower
1/22/2023 Shower
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1/22/2023 Shower
1/22/2023 Shower
1/22/2023 Laundry; Shower
1/22/2023 Shower
1/22/2023 Laundry; Shower
1/22/2023 Shower
1/22/2023 Laundry; Shower
1/22/2023 Laundry
1/22/2023 Shower
1/22/2023 Shower
1/22/2023 Laundry
1/22/2023 Shower
1/22/2023 Shower
1/22/2023 Laundry
1/22/2023 Laundry
1/22/2023 Shower
1/22/2023 Shower
1/29/2023 Laundry; Shower
1/29/2023 Shower
1/29/2023 Laundry; Shower
1/29/2023 Shower
1/29/2023 Shower
1/29/2023 Laundry
1/29/2023 Shower
1/29/2023 Shower
1/29/2023 Shower
1/29/2023 Laundry; Shower
1/29/2023 Laundry; Shower
1/29/2023 Laundry
1/29/2023 Laundry; Shower
1/29/2023 Shower
1/29/2023 Shower
1/29/2023 Shower
1/29/2023 Shower
1/29/2023 Shower
1/29/2023 Shower
132
Item # C7.

MIL Services Report
As of 2023-03-07 14:26:21 Pacific Standard Time/PST • Generated by Accounting Department Filtered By
Show: All dow clients
Date Field: Visit Start equals Last Month (2/1/2023 to 2/28/2023) Expense Code equals MIL
Field Location ↑ Services Rendered
Milpitas Library Shower
Laundry; Shower
Shower
Shower
Shower
Laundry; Shower
Laundry; Shower
Shower
Laundry
Laundry; Shower
Laundry; Shower
Shower
Shower
Shower
Laundry; Shower
Shower
Shower
Shower
Laundry; Shower
Shower
Shower
Subtotal Count 21
Shower
Laundry; Shower
Shower
Shower
Laundry; Shower
Laundry
Shower
Shower
Shower
Shower
2/12/2023
Visit Start ↑
2/5/2023
133
Item # C7.

Shower
Shower
Laundry; Shower
Shower
Shower
Shower
Shower
Shower
Shower
Shower
Laundry
Laundry; Shower
Shower
Shower
Shower
Laundry; Shower
Laundry; Shower
Shower
Shower
Shower
Subtotal Count 30
Laundry; Shower
Shower
Shower
Laundry; Shower
Laundry
Laundry; Shower
Shower
Laundry; Shower
Laundry; Shower
Laundry; Shower
Shower
Shower
Shower
Shower
Shower
Laundry; Shower
Shower
Laundry; Shower
Laundry; Shower
Shower
Shower
Shower
2/19/2023
134
Item # C7.

Subtotal Count 22
Shower
Shower
Shower
Shower
Laundry
Shower
Laundry; Shower
Laundry
Shower
Shower
Shower
Laundry; Shower
Shower
Laundry; Shower
Shower
Laundry; Shower
Shower
Shower
Shower
Laundry
Shower
Subtotal Count 21
Subtotal Count 94
Total Count 94
Confidential Information - Do Not Distribute
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135
Item # C7.

City Staff Calculation Page for February 2023 Report
Date Services
2/5/2023 Shower
2/5/2023 Laundry; Shower
2/5/2023 Shower Row Labels Count of Services
2/5/2023 Shower 2/12/2023 30
2/5/2023 Shower Laundry 2
2/5/2023 Laundry; Shower Laundry; Shower 6
2/5/2023 Laundry; Shower Shower 22
2/5/2023 Shower 2/19/2023 22
2/5/2023 Laundry Laundry 1
2/5/2023 Laundry; Shower Laundry; Shower 9
2/5/2023 Laundry; Shower Shower 12
2/5/2023 Shower 2/26/2023 21
2/5/2023 Shower Laundry 3
2/5/2023 Shower Laundry; Shower 4
2/5/2023 Laundry; Shower Shower 14
2/5/2023 Shower 2/5/2023 21
2/5/2023 Shower Laundry 1
2/5/2023 Shower Laundry; Shower 7
2/5/2023 Laundry; Shower Shower 13
2/5/2023 Shower Grand Total 94
2/5/2023 Shower
2/12/2023 Shower Total Laundry 33
2/12/2023 Laundry; Shower Total Shower 87
2/12/2023 Shower
2/12/2023 Shower
2/12/2023 Laundry; Shower
2/12/2023 Laundry
2/12/2023 Shower
2/12/2023 Shower
2/12/2023 Shower
2/12/2023 Shower
2/12/2023 Shower
2/12/2023 Shower
2/12/2023 Laundry; Shower
2/12/2023 Shower
2/12/2023 Shower
2/12/2023 Shower
2/12/2023 Shower
2/12/2023 Shower
2/12/2023 Shower
136
Item # C7.
2/12/2023 Shower
2/12/2023 Laundry
2/12/2023 Laundry; Shower
2/12/2023 Shower
2/12/2023 Shower
2/12/2023 Shower
2/12/2023 Laundry; Shower
2/12/2023 Laundry; Shower
2/12/2023 Shower
2/12/2023 Shower
2/12/2023 Shower
2/19/2023 Laundry; Shower
2/19/2023 Shower
2/19/2023 Shower
2/19/2023 Laundry; Shower
2/19/2023 Laundry
2/19/2023 Laundry; Shower
2/19/2023 Shower
2/19/2023 Laundry; Shower
2/19/2023 Laundry; Shower
2/19/2023 Laundry; Shower
2/19/2023 Shower
2/19/2023 Shower
2/19/2023 Shower
2/19/2023 Shower
2/19/2023 Shower
2/19/2023 Laundry; Shower
2/19/2023 Shower
2/19/2023 Laundry; Shower
2/19/2023 Laundry; Shower
2/19/2023 Shower
2/19/2023 Shower
2/19/2023 Shower
2/26/2023 Shower
2/26/2023 Shower
2/26/2023 Shower
2/26/2023 Shower
2/26/2023 Laundry
2/26/2023 Shower
2/26/2023 Laundry; Shower
2/26/2023 Laundry
2/26/2023 Shower
2/26/2023 Shower
137
Item # C7.
2/26/2023 Shower
2/26/2023 Laundry; Shower
2/26/2023 Shower
2/26/2023 Laundry; Shower
2/26/2023 Shower
2/26/2023 Laundry; Shower
2/26/2023 Shower
2/26/2023 Shower
2/26/2023 Shower
2/26/2023 Laundry
2/26/2023 Shower
138
Item # C7.

Services Rendered Visit Start Field Location
Shower 3/5/2023 Milpitas Library
Shower 3/5/2023 Milpitas Library
Shower 3/5/2023 Milpitas Library
Shower 3/5/2023 Milpitas Library
Laundry 3/5/2023 Milpitas Library
Laundry; Shower 3/5/2023 Milpitas Library
Shower 3/5/2023 Milpitas Library
Shower 3/5/2023 Milpitas Library
Laundry; Shower 3/5/2023 Milpitas Library
Laundry; Shower 3/5/2023 Milpitas Library
Shower 3/5/2023 Milpitas Library
Shower 3/5/2023 Milpitas Library
Laundry; Shower 3/5/2023 Milpitas Library
Laundry 3/5/2023 Milpitas Library
Laundry 3/5/2023 Milpitas Library
Laundry; Shower 3/5/2023 Milpitas Library
Laundry 3/5/2023 Milpitas Library
Laundry; Shower 3/5/2023 Milpitas Library
Shower 3/12/2023 Milpitas Library
Laundry; Shower 3/12/2023 Milpitas Library
Shower 3/12/2023 Milpitas Library
Data from WeHOPE:
139
Item # C7.

Shower 3/12/2023 Milpitas Library
Shower 3/12/2023 Milpitas Library
Laundry; Shower 3/12/2023 Milpitas Library
Laundry; Shower 3/12/2023 Milpitas Library
Laundry; Shower 3/12/2023 Milpitas Library
Laundry; Shower 3/12/2023 Milpitas Library
Shower 3/12/2023 Milpitas Library
Laundry; Shower 3/19/2023 Milpitas Library
Shower 3/19/2023 Milpitas Library
Shower 3/19/2023 Milpitas Library
Shower 3/19/2023 Milpitas Library
Laundry; Shower 3/19/2023 Milpitas Library
Shower 3/19/2023 Milpitas Library
Shower 3/19/2023 Milpitas Library
Shower 3/19/2023 Milpitas Library
Shower 3/19/2023 Milpitas Library
Laundry; Shower 3/19/2023 Milpitas Library
Shower 3/19/2023 Milpitas Library
Laundry; Shower 3/19/2023 Milpitas Library
Shower 3/19/2023 Milpitas Library
Laundry 3/19/2023 Milpitas Library
Shower 3/19/2023 Milpitas Library
140
Item # C7.

Shower 3/19/2023 Milpitas Library
Hygiene Kits; Shower 3/26/2023 Milpitas Library
Hygiene Kits; Shower 3/26/2023 Milpitas Library
Hygiene Kits; Laundry;
Shower 3/26/2023 Milpitas Library
Hygiene Kits; Shower 3/26/2023 Milpitas Library
Hygiene Kits; Laundry;
Shower 3/26/2023 Milpitas Library
Hygiene Kits; Laundry;
Shower 3/26/2023 Milpitas Library
Hygiene Kits; Shower 3/26/2023 Milpitas Library
Hygiene Kits; Laundry;
Shower 3/26/2023 Milpitas Library
Hygiene Kits; Laundry;
Shower 3/26/2023 Milpitas Library
Hygiene Kits; Shower 3/26/2023 Milpitas Library
Laundry 3/26/2023 Milpitas Library
Hygiene Kits; Shower 3/26/2023 Milpitas Library
Hygiene Kits; Shower 3/26/2023 Milpitas Library
Hygiene Kits; Laundry;
Shower 3/26/2023 Milpitas Library
Laundry 3/26/2023 Milpitas Library
Hygiene Kits; Shower 3/26/2023 Milpitas Library
Hygiene Kits; Shower 3/26/2023 Milpitas Library
Hygiene Kits; Laundry;
Shower 3/26/2023 Milpitas Library
Hygiene Kits; Laundry;
Shower 3/26/2023 Milpitas Library
Hygiene Kits; Shower 3/26/2023 Milpitas Library
Hygiene Kits; Laundry;
Shower 3/26/2023 Milpitas Library
141
Item # C7.

Hygiene Kits; Shower 3/26/2023 Milpitas Library
Hygiene Kits; Laundry;
Shower 3/26/2023 Milpitas Library
Hygiene Kits; Laundry;
Shower 3/26/2023 Milpitas Library
Hygiene Kits; Laundry;
Shower 3/26/2023 Milpitas Library
Laundry 3/26/2023 Milpitas Library
Hygiene Kits; Shower 3/26/2023 Milpitas Library
142
Item # C7.

Row Labels Count of Services
3/5/2023 18
Laundry 4
Laundry; Shower 6
Shower 8
3/12/2023 10
Laundry; Shower 5
Shower 5
3/19/2023 16
Laundry 1
Laundry; Shower 4
Shower 11
3/26/2023 27
Hygiene Kits; Laundry; Shower 12
Hygiene Kits; Shower 12
Laundry 3
Grand Total 71
Laundry 35
Shower 63
Pivot Summary from City staff
143
Item # C7.

Services Dates
Shower 3/5/2023
Shower 3/5/2023
Shower 3/5/2023
Shower 3/5/2023
Laundry 3/5/2023
Laundry; Shower 3/5/2023
Shower 3/5/2023
Shower 3/5/2023
Laundry; Shower 3/5/2023
Laundry; Shower 3/5/2023
Shower 3/5/2023
Shower 3/5/2023
Laundry; Shower 3/5/2023
Laundry 3/5/2023
Laundry 3/5/2023
Laundry; Shower 3/5/2023
Laundry 3/5/2023
Laundry; Shower 3/5/2023
Shower 3/12/2023
Laundry; Shower 3/12/2023
Shower 3/12/2023
Shower 3/12/2023
Shower 3/12/2023
Laundry; Shower 3/12/2023
Laundry; Shower 3/12/2023
Laundry; Shower 3/12/2023
Laundry; Shower 3/12/2023
Shower 3/12/2023
Laundry; Shower 3/19/2023
Shower 3/19/2023
Shower 3/19/2023
Shower 3/19/2023
Laundry; Shower 3/19/2023
Shower 3/19/2023
Shower 3/19/2023
Shower 3/19/2023
Shower 3/19/2023
Laundry; Shower 3/19/2023
Shower 3/19/2023
Laundry; Shower 3/19/2023
Shower 3/19/2023
Laundry 3/19/2023
Shower 3/19/2023
Shower 3/19/2023
Hygiene Kits; Shower 3/26/2023
Hygiene Kits; Shower 3/26/2023
144
Item # C7.

Hygiene Kits; Laundry; Shower 3/26/2023
Hygiene Kits; Shower 3/26/2023
Hygiene Kits; Laundry; Shower 3/26/2023
Hygiene Kits; Laundry; Shower 3/26/2023
Hygiene Kits; Shower 3/26/2023
Hygiene Kits; Laundry; Shower 3/26/2023
Hygiene Kits; Laundry; Shower 3/26/2023
Hygiene Kits; Shower 3/26/2023
Laundry 3/26/2023
Hygiene Kits; Shower 3/26/2023
Hygiene Kits; Shower 3/26/2023
Hygiene Kits; Laundry; Shower 3/26/2023
Laundry 3/26/2023
Hygiene Kits; Shower 3/26/2023
Hygiene Kits; Shower 3/26/2023
Hygiene Kits; Laundry; Shower 3/26/2023
Hygiene Kits; Laundry; Shower 3/26/2023
Hygiene Kits; Shower 3/26/2023
Hygiene Kits; Laundry; Shower 3/26/2023
Hygiene Kits; Shower 3/26/2023
Hygiene Kits; Laundry; Shower 3/26/2023
Hygiene Kits; Laundry; Shower 3/26/2023
Hygiene Kits; Laundry; Shower 3/26/2023
Laundry 3/26/2023
Hygiene Kits; Shower 3/26/2023
145
Item # C7.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt a Resolution Granting Acceptance of Public Improvements and Approve a Reduction of the Faithful Performance Bond for the Stratford School Addition and Remodel Commercial Project and Grant Authorization to the City Engineer to Release the Performance Bond after the One-Year Warranty Period (Staff Contact:

Roberto Alonzo, Principal Civil Engineer, 408-586-3316) Category: Consent Calendar-Community Development
Meeting Date: 6/20/2023
Recommendation: Adopt a resolution granting acceptance of the completed public improvements for the Stratford School Addition and Remodel Commercial Project as shown on Public Improvement Plans No. 2-1357; and approve a reduction in the faithful performance bond to $28,600.00, which is 25% of the security’s original value which shall be in effect for the duration of the warranty period; and grant authorization to the City Engineer to release the performance bond after the one-year warranty period without further City Council action provided that all required warranty work is completed to the satisfaction of the City Engineer.

BACKGROUND:

On September 21, 2021, the City Council approved the Improvement Agreement for the Stratford School Addition and Remodel Commercial Project (Project) on a 1.49-acre site located at 25 Corning Avenue. New public improvements constructed by the Project include new domestic, irrigation, and fire water services; reconstructed driveway approaches; and other miscellaneous items of work.

ANALYSIS:

The Developer, Stratford School, Inc., has successfully completed all required public improvements for the Project in accordance with the City approved public improvement plans. The public improvements are now ready for City Council acceptance and commencement of the 1-year warranty period. Staff recommends the City Council adopt a Resolution (attached) granting acceptance of the public improvements, to approve a reduction of the performance bond to $28,600.00, which is 25% of the security’s original value, and grant authorization to the City Engineer to release the performance bond after the one-year warranty period without further City Council action provided that all required warranty work is completed to the satisfaction of the City Engineer.

POLICY ALTERNATIVE(S):

Alternative 1:

Not approve a resolution granting acceptance of public improvements including the reduction of the performance bond.

Pros: None

Cons: Not granting acceptance of the completed public improvements would limit use of improvements and would not promote the orderly completion and closeout of the Project, and it would be in conflict with the City’s obligation under the Improvement Agreement.

146
Item # C8.

Reason for Not Recommending: Granting the acceptance of the completed public improvements would allow public use of the improvements and provides for the completion and closeout of the Project as required by the Improvement Agreement. Staff recommends the City Council adopt the resolution granting acceptance of public improvements.

FISCAL IMPACT:

Public Improvements completed as part of this project will be perpetually owned and maintained by the city following acceptance by the City Council and completion of the 1-year warranty period. The Public Works Department will be responsible for maintenance of the improvements and any required additional funding for ongoing maintenance will be requested through future budget appropriations as the Council adopts the annual operating budget for the Public Works Department.

California Environmental Quality Act (CEQA):

The Planning Department completed an environmental assessment for the project in accordance with the California Environmental Quality Act (CEQA), which assessment determined that the proposed project is exempt from CEQA review pursuant to CEQA Guidelines Section 15301 (Existing Facilities) and as a separate and independent basis, CEQA Guidelines Section 15332 (In-fill Development Projects) and as a separate and independent basis, CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan or Zoning). Granting acceptance of public improvements and reducing faithful performance bond for public improvements are not considered projects under CEQA as there will be no direct or reasonably foreseeable indirect physical change in the environment.

RECOMMENDATION:

Adopt a resolution granting acceptance of the completed public improvements for the Stratford School Addition and Remodel Commercial Project as shown on Public Improvement Plans No. 2-1357; approve a reduction in the faithful performance bond to $28,600.00, which is 25% of the security’s original value which shall be in effect for the duration of the warranty period; and grant authorization to the City Engineer to release the performance bond after the one-year warranty period without further City Council action provided that all required warranty work is completed to the satisfaction of the City Engineer.

Attachment(s):

1. Resolution
147
Item # C8.

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS APPROVING ACCEPTANCE AND

REDUCING PERFORMANCE BOND OF STRATFORD SCHOOL ADDITION AND REMODEL AND

GRANTING AUTHORIZATION TO THE CITY ENGINEER TO RELEASE THE PERFORMANCE BOND

AFTER THE ONE-YEAR WARRANTY PERIOD

WHEREAS, the Planning Commission of the City of Milpitas on November 18, 2020 approved the plans and specifications for the Stratford School Addition and Remodel, (the “Project”) to be completed by Stratford School, Inc. as part of its commercial development on 25 Corning Avenue; and WHEREAS, the City of Milpitas has heretofore entered into an improvement agreement on September 21, 2021 with Stratford School, Inc., for the Stratford School Addition and Remodel; and WHEREAS, Stratford School, Inc., as Principal, and SureTec Insurance Company, as Surety, executed and posted a certain Performance Bond N umber 4442635 conditioned upon the faithful performance of the provisions of said improvement agreement and upon the faithful performance of all improvement work required thereunder; and WHEREAS, said public improvements for the Stratford School Addition and Remodel have been completed and the improvement agreement provides that the security shall extend for a period of one year after the date of acceptance of said improvements to cover the warranty period of said improvements under said agreement; and WHEREAS, the City Council is willing to consent to a reduction in the penal sum of said security during said one year warranty period; and
WHEREAS, the City Engineer of the City of Milpitas has made a final inspection of said improvements for the Stratford School Addition and Remodel and recommends that the City Council of the City of Milpitas acce pt the same as constructed in accordance with the approved plans and specifications.

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 i ncorporated herein by reference.

2. Those certain public improvements constructed as part of the Stratford School Addition and Remodel, are hereby accepted as constructed in accordance with the approved plans and specifications upon recommendation of the City Engineer of the City of Milpitas.

3. The penal sum of the faithful performance bond securing said improvements may be reduced to the sum of $28,600.00, upon request of Principal and Surety, with said penal sum as reduced to apply from the date of completion and acceptance of said improvements and to extend for the balance of the term of one year of said security. Provided, however, that nothing herein contained shall in any way be deemed to be a waiver, release or relinquish by City of any obligations imposed upon the developer or his surety, or sureties, by law or by the above referend public improvement agreement, save and except as expressly set forth herein.

4. The City Council grants authorization to the City Engineer to release the performance bond af ter the one-year warranty period without further City Council action provided all required warranty work is completed to the satisfaction of the City Engineer.

148
Item # C8.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

____________________________ ___________________
Mary Lavelle, City Clerk Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

____________________________
Michael Mutalipassi, City Attorney
149
Item # C8.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Approve and Authorize the City Manager to Execute a Stormwater Management Facilities Operation and Maintenance Agreement between the City of Milpitas and Parktown Plaza Pak LLC for the Park Town Plaza Modification Project at 1400 S.

Park Victoria Dr. (Staff Contact: Roberto Alonzo, Principal Civil Engineer, 408-586- 3316)
Category: Consent Calendar-Community Development
Meeting Date: 6/20/2023
Recommendation: Approve and authorize the City Manager to execute a Stormwater Management Facilities Operation and Maintenance Agreement between the City of Milpitas and Parktown Plaza Pak LLC for the Park Town Plaza Modification Project at 1400 S. Park Victoria Dr.

BACKGROUND:

On February 26, 2014, the Property Owner received entitlements from the City allowing the development of the Property, for the construction of a new 5,400 square foot retail building with (3) tenant spaces, one with drive- thru, outdoor seating areas, a separate trash enclosure, emergency vehicle access, utilities, and associated offsite and onsite improvements, landscaping, irrigation, and stormwater treatment measures on a 0.25 acre site located at 1400 S. Park Victoria Dr.

The development uses Best Management Practices (BMP), Low Impact Development (LID) and Integrated Management Practices (IMP). As part of this agreement the Developer shall be responsible for maintenance and operation of all the developments bio-treatment areas.

ANALYSIS:

In accordance with State Law and the City’s Municipal Regional Stormwater NPDES Permit (“MRP”) issued by the Regional Water Quality Control Board (“RWQCB”), new development and redevelopment projects that create and/or replace 10,000 square feet or more of impervious surface are required to incorporate Low Impact Development (“LID”) post construction stormwater control measures into the project. LID control measures include, for example, bioretention areas, flow-through planters, permeable pavement, infiltration trenches and tree well filters.

MRP section C.3.h.ii.(1)(a) and Milpitas Municipal Code Title XI Chapter 16 require development project property owners meeting the 10,000 square foot threshold to execute and record a Stormwater Management Facilities Operation and Maintenance Agreement (“Agreement”) with the City for the perpetual operation, maintenance and annual inspection of LID stormwater treatment facilities.

The Parktown Plaza Project will construct bio-retention basins to meet the low impact development and post construction treatment requirements for stormwater. The developer, Parktown Plaza Pak LLC will be responsible for the perpetual operation and maintenance of the stormwater treatment facilities which will be owned by the property owners and not maintained by the City.

Parktown Plaza Pak LLC has executed the required Stormwater Management Operations and Maintenance Agreement for this Project. The Agreement requires the developer to operate and maintain the installed stormwater treatment facilities in accordance with the Municipal Regional Stormwater NPDES Permit and the developer will compensate the City to complete the required annual system inspections.

150
Item # C9.

Staff recommends the City Council approved the attached Stormwater Management Agreement (Attached) which has been reviewed by the City Attorney and approved as to form and by the Acting City Engineer as to content.

POLICY ALTERNATIVE(S):

Alternative 1: Not approve the Agreement with the City for operation, maintenance and annual inspection of stormwater treatment facilities.

Pros: None

Cons: Not approving the Agreement would cause the project to be not in compliance with the conditions of development and the City’s Municipal Code and would be prohibitive by federal and state law.

Reason for Not Recommending: To be in compliance with federal and state law, including the MRP, and to allow for the on-going maintenance and annual City Inspection of the installed stormwater treatment devices, staff recommends approval of the Agreement.

FISCAL IMPACT:

The developer will pay for the required annual maintenance and inspection of the stormwater facilities.

California Environmental Quality Act (CEQA):

On February 26, 2014, the Planning Commission found that the project is categorically exempt from further environmental review pursuant to Section 15332 (In-Fill Development Projects) of CEQA. Execution of the Agreement is not considered a project under CEQA as there will be no direct or reasonably foreseeable indirect physical change in the environment.

RECOMMENDATION:

Approve and authorize the City Manager to execute a Stormwater Management Facilities Operation and Maintenance Agreement between the City of Milpitas and Parktown Plaza Pak LLC for the Park Town Plaza Modification Project at 1400 S. Park Victoria Dr.

Attachment(s):

1. Stormwater Management Facilities Operation and Maintenance Agreement

151
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152
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153
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154
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155
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156
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157
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Ashwini Kantak, Acting City Manager
Matt Cano
Deputy City Manager/Acting City Engineer
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183
Item # C9.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Authorize the Acting City Manager to Execute the Fee Reimbursement Agreement for Transit Area Specific Public Facilities and Public Improvements at the 355 Sango Court Project by Sango Court L.P. and Approve Budget Change Form for Fiscal Year 2023-24 (Staff Contact: Roberto Alonzo, Principal Civil Engineer, 408- 586-3316)
Category: Consent Calendar-Community Development
Meeting Date: 6/20/2023
Recommendation: Authorize the Acting City Manager to execute the Fee Reimbursement Agreement for Transit Area Specific Public Facilities and Public Improvements at the 355 Sango Court Project by Sango Court L.P.

BACKGROUND:

On February 1, 2022 the City Council approved the public improvements and the Improvement Agreement (“Agreement”) for the RCD Housing Project located at 355 Sango Court by Sango Court L.P. within the Transit Area Specific Plan (TASP) Area.

On June 12, 2018, the Mayor and City Council adopted a resolution which indicates that “the City and the Permittee shall enter into a reimbursement agreement to reimburse the permittee for the design and construction of the portion of the new recycled water main line that exceeds the property frontage length of 227 linear feet”. (Attachment 2)

Projects within the TASP area are required to pay TASP Development Impact Fees (TASP Fee) to be used for design and construction of certain public facilities and improvements within the TASP area. At the request of the City (and in alignment with the June 12, 2018 City Council resolution referenced above) , the developer constructed a new 8-inch recycled water main line along the City’s Preferred Alignment with point of beginning on Sango Court at the east end of the RCD Housing Project to Montague Expressway, a new Eastbound Sango Court roadway extension with curb, gutter, storm water treatment basin, sanitary sewer laterals and street lights per TASP residential street standard guidelines. The roadway and utility improvements would otherwise be financed by the TASP Fee and will serve more than the Developer’s property within the TASP Area.

A Fee Reimbursement Agreement is proposed to allow for the reimbursement for work done by the developer for certain improvements that are above and beyond those that would be required for their development and to align with the June 12, 2018 City Council resolution. The Fee Reimbursement Agreement has been reviewed by the City Attorney as to form.

ANALYSIS:

Staff recommends the City Council grant authorization to the City Manager to execute the Fee Reimbursement Agreement for the construction of the TASP Public Improvements. The Developer will be reimbursed for the actual cost of construction the new public improvements eligible for reimbursement and per Condition of Approval 41d for the design and construction of the portion of the new recycled water main line that exceeds the property frontage length of 227 linear feet, which are estimated not to exceed $1,050,000.00.

POLICY ALTERNATIVE(S):
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Item # C10.

Alternative 1:

Do not approve granting authorization to the City Manager to approve the Fee Reimbursement Agreement Amendment.

Pros: None

Cons: If the Fee Reimbursement Agreement is not authorized the City would have to find other means to reimburse the Developer for constructing the public improvements or have to construct the public improvements ourselves. The City has determined that there will be greater efficiency if the Developer constructs the additional public improvements.

Reason for Not Recommending: Granting acceptance of installed public improvements would allow the City to own and maintain the improvements and would ensure the City is in compliance with the terms of the agreement with the Developer.

FISCAL IMPACT:

The fee reimbursement for the public improvements would be funded by TASP Impact Fees via CIP Projects No. 2016 ($445,000) and 2019 ($605,000). There is sufficient funding for CIP Project No. 2016 and there will be a Fiscal Year 2023-24 budget appropriation of $104,609 for CIP Project No. 2019. Current available balance for CIP Project No. 2019 is $500,391, therefore budget appropriation is necessary. The estimated reimbursement amount is not to exceed $1,050,000.

California Environmental Quality Act (CEQA):

Granting authorization to the City Manager to approve the Fee Reimbursement Agreement is not considered a project under CEQA as there will be no direct or reasonably foreseeable indirect physical change in the environment.

RECOMMENDATION:

Authorize the City Manager to Execute the Fee Reimbursement Agreement for Transit Area Specific Public Facilities and Public Improvements at the 355 Sango Court Project by Sango Court L.P.

Attachment(s):

Attachment 1: Fee Reimbursement Agreement
Attachment 2: Resolution No. 8796
Attachment 3: Budget Change Form

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City of Milpitas, California

BUDGET CHANGE FORM

From (Credit) To (Debit)
Type of Change

Account

Amount

Account

Amount
Check one:


Budget
Appropriation
 Budget Transfer

350-2931
351-951-2019-15-3899

$104,609
$104,609

350-3999
351-951-2019-7-4800

$104,609
$104,609

Recommendation: Authorize the City Manager to Execute the Fee Reimbursement Agreement for Transit Area Specific Public Facilities and Public Improvements at the 355 Sango Court Project by Sango Court L.P.

BACKGROUND:

The roadway and utility improvements would otherwise be financed by the TASP Fee and will serve more than the Developer’s property within the TASP Area.

ANALYSIS:

Per the resolution adopted on June 12, 2018, staff is to reimburse developer for the design and construction of the portion of the new recycled water main line that exceeds the property frontage length of 227 linear feet . Staff recommends the City Council grant authorization to the City Manager to execute the Fee Reimbursement Agreement for the construction of the TASP Public Improvements. The Developer will be reimbursed for the actual cost of construction the new public improvements eligible for reimbursement and per Condition of Approval 41d for the design and construction of the portion of the new recycled water main line that exceeds the property frontage length of 227 linear feet, which are estimated not to exceed $1,050,000.00.


BCF Fiscal Year
FY 2023 – 2024

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Item # C10.

POLICY ALTERNATIVE(S):

Alternative 1:

Do not approve granting authorization to the City Manager to approve the Fee Reimbursement Agreement Amendment.

Pros: None

FISCAL IMPACT:

California Environmental Quality Act (CEQA):

RECOMMENDATION:

Authorize the City Manager to Execute the Fee Reimbursement Agreement for Transit Area Specific Public Facilities and Public Improvements at the 355 Sango Court Project by Sango Court L.P.

Attachment(s):

Attachment 1: Fee Reimbursement Agreement
Attachment 2: Resolution No. 8796
Attachment 3: Budget Change Form

 Check if City Council Approval required. Meeting: June 20, 2023

Requested by: Department Head: Matt Cano Date: June 20, 2023 Reviewed by: Finance Director: Lauren Lai Date: June 20, 2023 Approved by: Acting City Manager: Ashwini Kantak Date: June 20, 2023

Date approved by City Council, if required: Confirmed by:

FI/24786/V Form 30-222 (Rev. 1/92)
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CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Approve Accounts Receivable Write-offs for the Fiscal Year Ending June 30, 2023 (Staff Contact: Lauren Lai, Finance Director, 408-586-3111) Category: Consent Calendar-Leadership and Support Services Meeting Date: 6/20/2023
Recommendation: Approve the Accounts Receivable write-offs for the Fiscal Year ending June 30, 2023.

BACKGROUND:

As part of the annual preparation of the financial statements, staff reviews the City’s accounts receivables or outstanding payments to the City. Any outstanding payment in excess of one year is considered for being written off, if after several attempts to collect payment including internal billing mailings, past due notices, phone call follow up and referral of the outstanding payment to a collection agency have been unsuccessful.

The City of Milpitas Municipal Code I-5-3.00 titled “Write-off of Uncollectible Accounts,” authorizes the City Manager and the Director of Finance, jointly, to write off as uncollectible up to $50,000.00 in total annually (and up to $10,000.00 for any single account or claim) on all accounts or claims which the City may have against all persons under certain conditions. When the City Manager and Director of Finance determine that the claim is (1) uncollectible; possibly collectible but collection would not be reasonably cost effective taking into consideration the probable necessary cost to the City in pursuing collection and the likelihood of collection; or not a valid, enforceable claim of the City. Since the annual write-off amount is in excess of $50,000, staff seeks Council approval.

ANALYSIS:

Depending on the total annual amount deemed uncollectible, staff recommends the attached listings of accounts receivable (AR) write-offs to City Council for approval. This report covers the period prior to June 2022. Attached in the Council’s packet are two AR lists, one for utility accounts (water, and sewer) and the other for non-utility accounts that have remained unpaid for more than 12 months. The table below identifies AR category proposed write-off amounts and as a percentage of total amounts invoiced. It should be noted that during this period, the City achieved an overall collection rate of 99.85%. The proposed write-offs amount of $87,192 is approximately 0.15% of all the amounts invoiced during the same period.

Finance staff invoices and collects payments for all utility accounts as well as miscellaneous accounts 231
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receivable (private development jobs, fire permits, business licenses, retiree medical, police false alarms, police subpoena, animal regulation violations, and NBO Fines). For utility accounts, in accordance to Senate Bill 998 Discontinuance of residential water service, a bill is due for payment in 21 days from the bill date.

Finance staff then sends a reminder notice 23 days from the bill date and final notice 65 days from the bill date.

A telephone call follows 73 days from the bill date. The utility account will be tagged for shut off 80 days from the bill date. And if not paid, a utility account will be cut-off 85 days from the bill date after which point it will be sent to the City’s collection agency, Collection Bureau of America (CBA). If cut-off and sent to collections, utility customers will not be able to start new service until they have paid their outstanding balance in full; even if that balance has been written off from an accounting standpoint.

For miscellaneous accounts receivable, an invoice issued is due for payment in 28 days from issuance date of the invoice. If not paid on the due date, a reminder notice will be issued by Finance staff on the 28th day and due for payment in 14 days from issuance date of the reminder notice. If not paid on the due date, a Final Notice will be issued on the 42nd day and due for payment in 7 days from issuance date of Final Notice. If not paid on the due date, the account will be sent to the City’s collection agency on the 49th day. If the account is for a developer, they will not be able to start new work in Milpitas if they have an outstanding balance.

POLICY ALTERNATIVE(S):

Alternative 1: Do not write off proposed recommendation to write off accounts receivable.

Pros: None

Cons: Will not follow Generally Accepted Accounting Principles and the City’s financials will be overstated.

Reason for Not Recommending: The City needs to ensure to follow financial practices consistent with Generally Accepted Accounting Principles. Following GAAP is a precursor towards an unqualified or “clean” financial audit.

FISCAL IMPACT:

Write offs of $87,192 from the outstanding accounts receivable will reduce the full-accrual fund balances of the General Fund by $22,560 and the Utility Funds by $64,632

California Environmental Quality Act (CEQA):

Not Applicable

RECOMMENDATION:

Approve the Accounts Receivable write-offs for the Fiscal Year ending June 30, 2023.

Attachment(s):

1. FY2022-2023 Utility Bills Write Off

2. Miscellaneous Accounts Receivable Write Off

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CITY OF MILPITAS
Utility Bill Write Off (final date as of 6/30/2022)
FY2022 - 2023
TOTAL $64,632.22
ACCOUNT Customer Name
Final Bill
Date

WRITE-OFF

AMOUNT REASON
2000487 DORTHY ENOS 2/8/2021 30 CLOSED ACCOUNT 2001431 HERMILDO PLACHETA 7/12/2021 118 CLOSED ACCOUNT 2001639 MARY MASRI 12/6/2021 1,647 CLOSED ACCOUNT 2002213 ARG ENTERPRISES INC 10/25/2021 1,340 BANKRUPTCY 2002359 PACIFIC MERITAGE LLC 8/16/2021 42 CLOSED BUSINESS 2002860 ANAND PRASAD 1/25/2021 57 CLOSED ACCOUNT 2003118 JAKE JANITZ 8/23/2021 195 CLOSED ACCOUNT 2003121 SOHAIL YUSUFZAI 1/10/2022 25 CLOSED ACCOUNT 2003131 RICHARD PASSETTI 7/26/2021 60 CLOSED ACCOUNT 2003835 TILAK RAVI 12/20/2021 127 CLOSED ACCOUNT 2004962 RICHARD BELLETTINI 8/2/2021 523 CLOSED ACCOUNT 2006908 JOSE LESACA 12/6/2021 52 CLOSED ACCOUNT 2007203 ARNULFO GARZA 12/20/2021 189 CLOSED ACCOUNT 2012070 ALFONSO DE ANDA 4/11/2022 63 CLOSED ACCOUNT 2013222 PETER PELLEGRINI 7/19/2021 385 CLOSED ACCOUNT 2013704 LOUIS DYKMANS 2/7/2022 313 CLOSED ACCOUNT 2014588 ANN NGUYEN 9/27/2021 355 CLOSED ACCOUNT 2015139 DAN LOFGREN 7/12/2021 962 CLOSED ACCOUNT 2015263 LAP TANG 11/1/2021 455 CLOSED ACCOUNT 2015523 KENNETH BURKE 6/7/2021 82 CLOSED ACCOUNT

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CITY OF MILPITAS
Utility Bill Write Off (final date as of 6/30/2022)
FY2022 - 2023
TOTAL $64,632.22
ACCOUNT Customer Name
Final Bill
Date

WRITE-OFF

AMOUNT REASON
2016234 HERMINIA ARANAS 5/10/2021 235 CLOSED ACCOUNT 2016923 ENRICO YAP 3/29/2021 36 CLOSED ACCOUNT 2017569 JOSEPHINE MANZANO 3/15/2021 64 CLOSED ACCOUNT 2018132 MELVIN VAN PATTEN 10/25/2021 267 CLOSED ACCOUNT 2019675 PETER LIU 1/11/2021 44 CLOSED ACCOUNT 2021855 PAULINO EBALOBOR 3/28/2022 345 CLOSED ACCOUNT 2022284 RENE MARFULL 8/2/2021 394 CLOSED ACCOUNT 2022488 VIRGINIA RIVERA 9/7/2020 28 CLOSED ACCOUNT 2022500 TIFFANY TRAN 2/7/2022 805 CLOSED ACCOUNT 2022619 RICHARD CHAN 2/7/2022 79 CLOSED ACCOUNT 2023635 EDGIE'S BILLIARDS 8/2/2021 384 CLOSED BUSINESS 2026435 BAGHER & KEFAYAT NAVID TRUST 5/16/2022 1,202 CLOSED ACCOUNT 2026448 SHERRIE GANIER 4/18/2022 852 CLOSED ACCOUNT 2026552 RICHARD GARCIA 7/19/2021 1,095 CLOSED ACCOUNT 2026692 MAITRAYEE SHAH 11/8/2021 77 CLOSED ACCOUNT 2026953 NORMA MORA 10/11/2021 565 CLOSED ACCOUNT 2026962 PATRICK MUNOZ 8/2/2021 331 CLOSED ACCOUNT 2027232 REAL ESTATE CONNECTIONS 2/14/2022 129 CLOSED BUSINESS 2027349 PRABHJEET KALRA 3/14/2022 729 CLOSED ACCOUNT 2028053 RAJA KUMAR 9/6/2021 211 CLOSED ACCOUNT

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CITY OF MILPITAS
Utility Bill Write Off (final date as of 6/30/2022)
FY2022 - 2023
TOTAL $64,632.22
ACCOUNT Customer Name
Final Bill
Date

WRITE-OFF

AMOUNT REASON
2028426 KIMCHI NGUYEN 8/16/2021 153 CLOSED ACCOUNT 2032059 CUC LO 8/9/2021 772 CLOSED ACCOUNT 2032085 HSBC BANK 2/14/2022 223 CLOSED BUSINESS 2032359 DAVID CHEN 8/2/2021 87 CLOSED ACCOUNT 2033160 MADONNA SIMMONS 12/13/2021 213 CLOSED ACCOUNT 2033569 SHAWN BOWMAN 10/11/2021 198 CLOSED ACCOUNT 2033870 CARLOS GONZALEZ 2/7/2022 535 CLOSED ACCOUNT 2034315 CONNIE CHIU 5/31/2021 41 CLOSED ACCOUNT 2035579 BRUCE ELLEDGE 1/3/2022 585 CLOSED ACCOUNT 2036742 QUYNH CAO 8/23/2021 654 CLOSED ACCOUNT 2036792 VAN PHAM 4/25/2022 631 CLOSED ACCOUNT 2037274 JOSEPH KING 4/25/2022 914 CLOSED ACCOUNT 2037729 YASUHIRO MATSUI 7/12/2021 238 CLOSED ACCOUNT 2038141 DANIELLE BUENDIA 7/12/2021 135 CLOSED ACCOUNT 2038432 MARYDANH CAO 8/17/2020 35 CLOSED ACCOUNT 2038757 HUNG THAI 2/7/2022 55 CLOSED ACCOUNT 2038826 KENNY WONG 12/6/2021 1,417 CLOSED ACCOUNT 2039376 MOE SADEGHZADEH 5/30/2022 1,065 CLOSED ACCOUNT 2039781 CORNERSTONE PROPERTY MGMT 2/7/2022 39 CLOSED BUSINESS 2039874 EMAN ALJANAGEREH 8/16/2021 1,613 CLOSED ACCOUNT

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235
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CITY OF MILPITAS
Utility Bill Write Off (final date as of 6/30/2022)
FY2022 - 2023
TOTAL $64,632.22
ACCOUNT Customer Name
Final Bill
Date

WRITE-OFF

AMOUNT REASON
2040497 PHUNG NGUYEN 1/10/2022 335 CLOSED ACCOUNT 2041142 RONALD LUDWIG 3/29/2021 60 CLOSED ACCOUNT 2041718 TRON TRAN 1/25/2021 3,759 CLOSED ACCOUNT 2042373 MICHAEL ORBON 1/10/2022 1,545 CLOSED ACCOUNT 2042453 CENTRE POINTE PROJECT OWNER 9/11/2017 320 CLOSED BUSINESS 2042742 DAVID LUCIANI 2/14/2022 39 CLOSED ACCOUNT 2043775 ASHLEY BOSS 7/12/2021 166 CLOSED BUSINESS 2043833 MINT BASIL 12/13/2021 1,374 CLOSED BUSINESS 2043878 SEALINK CAFE 7/27/2020 275 CLOSED BUSINESS 2044390 GOLDEN STATE PROPERTY MGMT 8/2/2021 184 CLOSED BUSINESS 2044468 FRED NABI 11/1/2021 238 CLOSED ACCOUNT 2044736 GULLED ROBLE 12/7/2020 42 CLOSED ACCOUNT 2044873 ARCELO ABENOJAR 3/14/2022 99 CLOSED ACCOUNT 2045037 SHEILA PERRY 9/20/2021 780 CLOSED ACCOUNT 2045070 CHRIS GRADY 7/5/2021 246 CLOSED ACCOUNT 2045188 IVAN AGUIRRE 4/11/2022 1,569 CLOSED ACCOUNT 2045200 JUAN CERDA 4/25/2022 2,208 CLOSED ACCOUNT 2045225 LEVENT TEKMAN 12/7/2020 32 CLOSED ACCOUNT 2045280 BUU TRAN 8/16/2021 295 CLOSED ACCOUNT 2045354 ISMAT FATMA JAFRI 10/11/2021 110 CLOSED ACCOUNT

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236
Item # C11.

CITY OF MILPITAS
Utility Bill Write Off (final date as of 6/30/2022)
FY2022 - 2023
TOTAL $64,632.22
ACCOUNT Customer Name
Final Bill
Date

WRITE-OFF

AMOUNT REASON
2045506 MARIA FRANCO 7/12/2021 58 CLOSED ACCOUNT 2045596 AARON HIGHFILL 6/27/2022 393 CLOSED ACCOUNT 2045632 JOSHUA NONOY 7/27/2020 27 CLOSED ACCOUNT 2046087 THUONG NGUYEN 3/14/2022 1,036 CLOSED ACCOUNT 2046297 YUMING CHEN 8/9/2021 91 CLOSED ACCOUNT 2046532 THINH NGUYEN 3/22/2021 62 CLOSED ACCOUNT 2046596 SIFO US, INC 3/1/2021 72 CLOSED BUSINESS 2046694 ROBERT FONDA 9/20/2021 202 CLOSED ACCOUNT 2046818 ANGELICA JIMENEZ 11/1/2021 151 CLOSED ACCOUNT 2047006 THI BICH THUY NGUYEN 10/11/2021 259 CLOSED ACCOUNT 2047220 ANITA ALONZO 3/14/2022 309 CLOSED ACCOUNT 2047244 JOANNA SILVA 7/12/2021 200 CLOSED ACCOUNT 2047306 HA TRAN 1/24/2022 594 CLOSED ACCOUNT 2047314 CHERYL THOMAS 11/15/2021 341 CLOSED ACCOUNT 2047535 JET BUSINESS OPERTIONS LLC 12/20/2021 318 CLOSED BUSINESS 2047562 BINDU NARAN 5/30/2022 202 CLOSED ACCOUNT 2047587 RIKKI VARGAS 4/12/2021 46 CLOSED ACCOUNT 2047591 PIYUSH LOMESH 6/13/2022 244 CLOSED ACCOUNT 2047770 ELIZABETH THORPE 3/29/2021 54 CLOSED ACCOUNT 2047807 MARIA SANCHEZ 10/11/2021 322 CLOSED ACCOUNT

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237
Item # C11.

CITY OF MILPITAS
Utility Bill Write Off (final date as of 6/30/2022)
FY2022 - 2023
TOTAL $64,632.22
ACCOUNT Customer Name
Final Bill
Date

WRITE-OFF

AMOUNT REASON
2047948 99 HOMES LLC 6/27/2022 351 CLOSED BUSINESS 2048337 PIROM CHOENKLANG 11/15/2021 601 CLOSED ACCOUNT 2048424 BELWOOD INVESTMENTS 4/18/2022 747 CLOSED BUSINESS 2048452 ALLYSON PASALAKIS 7/12/2021 764 CLOSED ACCOUNT 2048504 MODAR ALAOUI 4/4/2022 1,312 CLOSED ACCOUNT 2048550 KEVIN BLONDIN 4/18/2022 107 CLOSED ACCOUNT 2048558 MINH DANG 9/28/2020 40 CLOSED ACCOUNT 2048571 FRANCINE MAPANAO 9/6/2021 210 CLOSED ACCOUNT 2048578 ALEJANDRA TORRES 8/16/2021 296 CLOSED ACCOUNT 2048595 KRISTINA KERSWELL 5/16/2022 1,952 CLOSED ACCOUNT 2048704 ABHISHEK DHABRIYA 9/6/2021 237 CLOSED ACCOUNT 2048712 ANDRINA ALLMOND 5/23/2022 1,742 CLOSED ACCOUNT 2048756 VY VU 4/11/2022 401 CLOSED ACCOUNT 2048858 ROCK N SALSA 3/1/2021 177 CLOSED BUSINESS 2048904 GRACILEA GONZALEZ 1/10/2022 608 CLOSED ACCOUNT 2048992 AVINASH KASA 8/16/2021 123 CLOSED ACCOUNT 2049100 NICOLE VASQUEZ 11/16/2020 116 CLOSED ACCOUNT 2049106 ELEAZAR CHAVIRA 6/7/2021 101 CLOSED ACCOUNT 2049244 NATASHA RIVADENEIRA 1/10/2022 109 CLOSED ACCOUNT 2049319 LISA KAMAKANI 3/1/2021 74 CLOSED ACCOUNT

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238
Item # C11.

CITY OF MILPITAS
Utility Bill Write Off (final date as of 6/30/2022)
FY2022 - 2023
TOTAL $64,632.22
ACCOUNT Customer Name
Final Bill
Date

WRITE-OFF

AMOUNT REASON
2049422 SUSHANTH MALAGALU 12/6/2021 863 CLOSED ACCOUNT 2049428 KELVIN QUEMUEL 6/13/2022 145 CLOSED ACCOUNT 2049509 ANTHONY WILLIAMS 5/16/2022 418 CLOSED ACCOUNT 2049863 VICTOR AGUIRRE 2/21/2022 1,532 CLOSED ACCOUNT 2049901 KIMLY CHHOENG 6/20/2022 2,048 CLOSED ACCOUNT 2049913 GABRIEL MEDINA 5/16/2022 79 CLOSED ACCOUNT 2049921 FREDDY UPSHAW 2/14/2022 1,013 CLOSED ACCOUNT 2049932 PEISYUAN FENG 3/28/2022 669 CLOSED ACCOUNT 2050006 SOFIA LOPEZ 5/9/2022 240 CLOSED ACCOUNT 2050070 ALICIA VALENZUELA 4/25/2022 296 CLOSED ACCOUNT 2050088 REKHA ANADKAT 8/16/2021 239 CLOSED ACCOUNT 2050105 Y& F FOODWORKS INC 3/21/2022 1,570 CLOSED BUSINESS 2050145 HOPYARD PROPERTY MGMT 7/5/2021 54 CLOSED BUSINESS 2050172 KI PROPERTIES SOLUTIONS LLC 9/6/2021 282 CLOSED BUSINESS 2050373 MARGARET HALL 10/4/2021 259 CLOSED ACCOUNT 2050559 JEFFREY PANG AND CO. INC 12/27/2021 245 CLOSED BUSINESS 2050671 JAMES HAYES 11/29/2021 61 CLOSED ACCOUNT 2050716 MICHELLE LORENZEN 2/14/2022 273 CLOSED ACCOUNT 2050724 CARMEN ONG 6/27/2022 640 CLOSED ACCOUNT 2050735 JAMES TIRONE 1/17/2022 148 CLOSED ACCOUNT

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239
Item # C11.

CITY OF MILPITAS
Utility Bill Write Off (final date as of 6/30/2022)
FY2022 - 2023
TOTAL $64,632.22
ACCOUNT Customer Name
Final Bill
Date

WRITE-OFF

AMOUNT REASON
2050911 JEYANTHI GOPALAN 4/11/2022 100 CLOSED ACCOUNT 2050922 JUXIANG LI 2/14/2022 41 CLOSED ACCOUNT 2050978 JESSICA OZANICK 4/11/2022 143 CLOSED ACCOUNT 2051132 FLOWERY PAU 5/2/2022 55 CLOSED ACCOUNT

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Item # C11.

INVOICE # DATE CUSTOMER NAME

CUSTOMER ID

NUMBER AMOUNT DESCRIPTION
I000050019 08/27/21 TED NGUYEN 00005041 120 Private Job I000050065 09/24/21 TED NGUYEN 00005041 192 Private Job PRIVATE JOB 312
I000050115 10/15/21 76 ABBOTT AUTOMOTIVE F21-0603 617 Fire Annual Permit I000050275 12/03/21 76 ABBOTT AUTOMOTIVE F21-0603 617 Fire Annual Permit I000050210 12/03/21 APARTMENT COMPLEX F94-0672 295 Fire Annual Permit I000050262 12/03/21 APPLE F20-0285 2,114 Fire Annual Permit I000050256 12/03/21 COBBLESTONE F18-0329 590 Fire Annual Permit I000050209 12/03/21 CONDOMINIUM COMPLEX F94-0741 1,175 Fire Annual Permit I000051062 05/06/22 Irvine Company F20-0026 617 Fire Annual Permit I000050257 12/03/21 ORINDA EQUITY PARTNERS, LLC F19-0230 617 Fire Annual Permit I000049952 08/13/21 SAM'S MEDITERRANEAN KABAB & G F15-0208 295 Fire Annual Permit I000050235 12/03/21 VTA F12-0175 910 Fire Annual Permit FIRE ANNUAL PERMIT 7,845
I000050031 09/10/21 DAVE & BUSTERS 00010092 300 Fire False Alarm I000050032 09/10/21 DAVE & BUSTERS 00010092 600 Fire False Alarm I000050120 10/15/21 DAVE & BUSTERS 00010092 900 Fire False Alarm I000050124 10/15/21 H&M 00013222 300 Fire False Alarm I000050125 10/15/21 H&M 00013222 600 Fire False Alarm I000049930 07/30/21 SILICON MICROSTRUCTURES 00010765 300 Fire False Alarm FIRE FALSE ALARM 3,000
I000050616 02/04/22 ALLIED AIRE SERVICE INC 00000832 250 PD False Alarm I000050927 03/25/22 AREVO INC 00013113 50 PD False Alarm I000050935 03/25/22 AT&T MOBILITY 00012338 50 PD False Alarm I000050584 02/04/22 BYTON 00013207 350 PD False Alarm I000050609 02/04/22 BYTON 00013207 500 PD False Alarm I000050649 02/11/22 CISCO 00013251 50 PD False Alarm FY 2022-2023 WRITE OFF
Miscellaneous Accounts Receivable
as of June 30, 2022

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Item # C11.

INVOICE # DATE CUSTOMER NAME

CUSTOMER ID

NUMBER AMOUNT DESCRIPTION
FY 2022-2023 WRITE OFF
Miscellaneous Accounts Receivable
as of June 30, 2022
I000050696 02/11/22 DAVE & BUSTERS 00010092 100 PD False Alarm I000050725 02/11/22 DAVE & BUSTERS 00010092 750 PD False Alarm I000050670 02/11/22 DAVE & BUSTERS 00010092 50 PD False Alarm I000050825 03/04/22 DAVE & BUSTERS 00010092 750 PD False Alarm I000050953 03/25/22 DAVE & BUSTERS 00010092 250 PD False Alarm I000050836 03/11/22 DAVID JOHNSON 00013264 50 PD False Alarm I000050954 03/25/22 DAVID JOHNSON 00013264 3,350 PD False Alarm I000050611 02/04/22 FLUID INDUSTRIAL SYSTEMS 00010440 50 PD False Alarm I000050657 02/11/22 FLUID INDUSTRIAL SYSTEMS 00010440 100 PD False Alarm I000050675 02/11/22 GOLDEN STATE URGENT CARE PROVI 00013208 250 PD False Alarm I000050811 03/04/22 GOLDEN STATE URGENT CARE PROVI 00013208 250 PD False Alarm I000050947 03/25/22 HOYA CORPORATION USA 00013021 50 PD False Alarm I000050683 02/11/22 NANOSYS 00012459 50 PD False Alarm I000050586 02/04/22 NUTRITION HOUSE RESTAURANT INC 00013206 250 PD False Alarm I000050635 02/11/22 NUTRITION HOUSE RESTAURANT INC 00013206 500 PD False Alarm I000050818 03/04/22 NUTRITION HOUSE RESTAURANT INC 00013206 250 PD False Alarm I000050634 02/11/22 OPTICAL ASSOCIATES 00011046 50 PD False Alarm I000050805 03/04/22 SUPERCARE HEALTH 00013103 750 PD False Alarm I000050925 03/25/22 THE OLIVE GARDEN ITALIAN REST 00012491 500 PD False Alarm POLICE FALSE ALARM 9,600
I000050107 09/24/21 GREEN WIRE BAY AREA LLC 00013221 30 Returned Check I000051129 05/20/22 UNITED PACIFIC 00013284 1,645 Returned Check BUSINESS LICENSE 1,675
I000047095 10/11/19 WAL-MART-MILPITAS 00010495 32 Shopping Cart Retrieval Svc I000048238 06/19/20 HOME DEPOT #1041 00010714 16 Shopping Cart Retrieval Svc I000048242 06/19/20 HOME DEPOT #1041 00010714 16 Shopping Cart Retrieval Svc I000048363 07/10/20 HOME DEPOT #1041 00010714 16 Shopping Cart Retrieval Svc I000049237 01/08/21 HOME DEPOT #1041 00010714 16 Shopping Cart Retrieval Svc

Page 2 of 3 ends

242
Item # C11.

INVOICE # DATE CUSTOMER NAME

CUSTOMER ID

NUMBER AMOUNT DESCRIPTION
FY 2022-2023 WRITE OFF
Miscellaneous Accounts Receivable
as of June 30, 2022
I000049741 05/21/21 HOME DEPOT #1041 00010714 16 Shopping Cart Retrieval Svc I000049940 07/30/21 HOME DEPOT #1041 00010714 16 Shopping Cart Retrieval Svc SHOPPING CART RETRIEVAL 128
OVERALL TOTAL 22,560

Page 3 of 3 ends

243
Item # C11.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt a Resolution to Approve Compensation Changes Related to Annual Performance Evaluation of the City Attorney as directed by the City Council (Staff Contact: Nick Raisch, Human Resources Director, 408-586-3086) Category: Leadership and Support Services
Meeting Date: 6/20/2023
Recommendation: Adopt a resolution to approve compensation changes related to Annual Performance Evaluation of the City Attorney as directed by the City Council.

BACKGROUND:

The City Attorney was hired on April 26, 2022. The City Attorney and the City have an executed employment agreement which is in place through April 25, 2025. The agreement states “The City Council shall conduct an evaluation of the Employee’s performance and provide guidance and direction in accordance with specific criteria developed by the City Council. At the time of Employee’s annual performance evaluation, Employee may be eligible to receive an increase in base salary”.

The agreement allows at the sole discretion of Council to provide the City Attorney with the same level of cost- of-living adjustment (COLA) as is provided to unrepresented management employees The agreement also speaks to maintaining a 10% “buffer” between the City Attorney and any staff reporting to the City Attorney.

ANALYSIS:

On May 23, 2023, the City Council conducted the City Attorney’s performance evaluation and determined that overall, the City Attorney’s services to the City of Milpitas meets expectations.

The City Council in Closed Session authorized the following actions:

1. COLA – 2% increase effective July 2, 2023
a. This COLA is consistent with increases for Unrepresented Management, MidCon, and IAFF.

2. Merit – 2% increase effective on the anniversary date of employee a. Based on the average performance rating by Council, this merit increase was approved.

3. Compaction adjustment – 5% increase effective on the anniversary date of employee a. The current spread in compensation between the Assistant City Attorney and the City Attorney is out of alignment with the employment agreement, City practices, and industry standards.

These actions will be implemented as soon as administratively feasible following Council adoption.

FISCAL IMPACT:

After the above Council authorized actions are applied, the City Attorney’s new annual salary will be $234,651.

The City Attorney’s annual salary will be 11% from the top of the range, which is $259,903. Funding will be available within the FY 2023-24 Adopted Budget.

California Environmental Quality Act (CEQA):

Approval of the recommendation is not an activity defined as a “project” under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 15061(b)(3) and 15378(b)(4) either because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the 244 Item # C12.

environment and/or because the action is financial and/or administrative and does not directly impact the environment.

RECOMMENDATION:

Adopt a Resolution to Approve Compensation Changes Related to Annual Performance Evaluation of the City Attorney as directed by the City Council

Attachment(s):

1. Resolution.

245
Item # C12.

RESOLUTION NO. ________

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

COMPENSATION CHANGES RELATED TO ANNUAL PERFORMANCE EVALUATION FOR

THE CITY ATTORNEY

WHEREAS, the City and the City Attorney have an executed employment agreement which is in place through April 25, 2025; and

WHEREAS, the employment agreement states “The City Council shall conduct an evaluation of the Employee’s performance and provide guidance and direction in accordance with specific criteria developed by the City Council. At the time of Employee’s annual performance evaluation, Employee may be eligible to receive an increase in base salary”; and

WHEREAS, on May 23, 2023, the City Council conducted the City Attorney’s performance evaluation and determined that overall, the City Attorney’s services to the City of Milpitas meets expectations; and

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

2. The City Council hereby authorizes a 2% cost-of-living adjustment increase effective July 2, 2023;

3. The City Council hereby authorizes a 2% merit increase effective on the anniversary date of employee;

4. The City Council hereby authorizes a 5% compaction adjustment effective on the anniversary date of employee.

5. The City Council hereby authorizes the City Attorney’s new annual salary to be $234,651 after the above increases are applied. The City Attorney’s annual salary will be 11% from the top of the range, which is $259,903.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

__________________________ ______________________
Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

246
Item # C12.

APPROVED AS TO FORM:

_____________________________

247
Item # C12.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt a Resolution Approving the Sole Source Procurement of Crossing Guard Services; and Approve and Authorize the Acting City Manager to Enter into a 1- Year Agreement with All City Management Services, Inc. for Crossing Guard Services in a Total Amount Not-to-Exceed $781,858.00 for Fiscal Year 2023-24 (Staff Contact: Jared Hernandez, Chief of Police, 408-586-2406) Category: Consent Calendar-Public Safety
Meeting Date: 6/20/2023
Recommendation: Adopt a resolution approving the sole source procurement of Crossing Guard Services; and Approve and Authorize the Acting City Manager to enter into a 1- year agreement with All City Management Services, Inc. for Crossing Guard Services in a total amount not-to-exceed $781,858.00 for Fiscal Year 2023-24.

BACKGROUND:

The City of Milpitas adopted the current crossing guard program in 2006 and posts guards primarily at intersections with high volumes of school-age pedestrians and vehicles during any one-hour period in a day and other factors consistent with the State of California Manual of Traffic Control Devices (CAMUTCD). Other factors include vehicle sight distance obstructions, traffic accident history, complex roadway geometry design, safety, City Council support, and/or Chief of Police support.

Since time of adoption, the Crossing Guard Program has been managed by the Milpitas Police Department and funded by the General Fund. However, based on the current condition of the program; strain on Police Department resources; recruitment challenges; and review of program models in use in other cities, staff presented several alternatives for the management of the existing program to Council on January 27, 2023 (Attachment 1). Subsequently, Council voted that management of the crossing guard program would be transitioned to a third-party contract service and at the existing 36-guard deployment service level, pending adoption of the City’s FY2023-24 Operating Budget. The City’s FY2023-24 Operating Budget was adopted on June 6, 2023.

All City Management Services, Inc. is the sole provider of full-service third-party crossing guard services in Santa Clara County and surrounding regions. They provide crossing guard services for Bay Area cities such as Menlo Park, Palo Alto, San Carlos, Redwood City, Fremont, Union City, Newark, Sunnyvale, Mountain View, Cupertino, Saratoga, and Los Gatos.

ANALYSIS:

The Police Department requests to enter into a 1-year agreement with All City Management Services, Inc. (ACMS) for crossing guard services, with a total amount not-to-exceed $781,858 for fiscal year 2023-24, with a single 1-year option to renew. .

The purpose of the Crossing Guard Program is to provide crossing guard assistance to children and pedestrians at intersections along school routes, thereby enhancing public safety. A school-age pedestrian crossing count data collection study conducted in November 2022 identified 21 of the 34 locations assessed for crossing guard placement. The existing 36-guard model, however, covers 34 intersections and thus exceeds what would minimally be recommended based on the study findings.

Section I-2-3.06 of the Milpitas Municipal Code authorizes the Purchasing Agent to award contracts without competition when the Purchasing Agent determines in writing, after conducting a good faith review of available sources, that only one viable source exists for the required supplies, material, equipment or general service, or 248
Item # C13.

there is a compelling reason for using only one source. ACMS is the sole provider of full-service third-party crossing guard services in Santa Clara County and surrounding regions (Attachment 4). Online research was conducted by Police Department staff to locate potential vendors that provide exclusive Crossing Guard services in California, and more specifically, the Bay Area. ACMS was the only company identified that provides all-inclusive Crossing Guard services in the Bay Area. They have been in operation since 1985 and have over 260 Crossing Guard contracts in 25 states. Additionally, they provide Crossing Guard services for all Bay Area cities who utilize a contract service including Menlo Park, Palo Alto, San Carlos, Redwood City, Fremont, Union City, Newark, Sunnyvale, Mountain View, Cupertino, Saratoga, and Los Gatos.

ACMS has agreed to retain all current crossing guards interested in continuing employment and are physically capable of performing their duties. The crossing guards will continue to be able to work in Milpitas, which was an important requirement for the City. All crossing guards, regardless of locations and hours worked, will be paid at a minimum hourly rate of $18.75. Additionally, they will be paid a shift differential, as required by state law.

ACMS will provide necessary equipment and training to the crossing guards. The coordination of assignments, allocation of staffing, recruitment and hiring of guards, and supervision will all be managed by ACMS. The City will continue to manage the contract and ensure compliance with contract terms. With the existing program the City has not been able to fill crossing guard vacancies and thus has not been able to staff all locations. The contract will require ACMS to staff all locations approved by the City, resulting in improved public safety for the community.

Crossing Guards currently working for the City have been advised about the proposed transition to ACMS.

Once the contract is finalized, and ACMS assumes control of the Crossing Guard Program, an orientation and training meeting will be scheduled with the Crossing Guards. ACMS employment forms will be distributed to the Crossing Guards to be completed.

During the on-boarding process, an Evaluation Training Assessment for each Crossing Guard will be conducted. This is a basic skill review to ensure the Crossing Guard is physically capable of performing the duties of their position. A designated trainer will be assigned to train the Crossing Guards on the methods and standards established by ACMS. Once training has been completed, ACMS will review work schedules with the current Crossing Guards, issue the necessary equipment, process and issue photo I.D. cards, and provide supervisory contact information to all of the Crossing Guards. ACMS anticipates having the entire transition process completed before the beginning of the 2023/2024 school year in August.

POLICY ALTERNATIVE(S):

Alternative 1: Do not approve the sole source procurement and do not approve the agreement with All City Management Services, Inc.

Pros: The City would not incur the cost of these services over the term of the agreement.

Cons: The challenges of staffing all locations and diverting police officers and community service officers from other critical duties would continue.

Reason for Not Recommending: If the program continues to be managed by the Police Department, the current recruitment challenges and significant strain on Police Department operations would continue, thus impacting public safety.

FISCAL IMPACT:

The agreement with All City Management Services, Inc. for crossing guard services in a total amount not to exceed $781,858 is included in the FY2023-24 Adopted Budget.

California Environmental Quality Act (CEQA):

The action being requested is not a project as defined by CEQA (CEQA Guidelines exemption 15378(b)(2)).

RECOMMENDATION:

1. Adopt a Resolution Approving the Sole Source Procurement of Crossing Guard Services. 249 Item # C13.

2. Approve and Authorize the City Manager to Enter into a 1-Year Agreement with All City Management Services, Inc. for Crossing Guard Services in a Total Amount Not-to-Exceed $781,858 for Fiscal Year 2023-24.

Attachment(s):

1. Crossing Guard Program Update memorandum dated January 27, 2023

2. All City Management Services (ACMS) Quotation

3. ACMS Master Services Agreement

4. Sole Source Justification Form

5. Resolution

250
Item # C13.

MEMORANDUM

DATE: January 27, 2023

TO: Mayor and Councilmembers

THROUGH: Steve McHarris, City Manager

FROM: Jared Hernandez, Chief of Police

SUBJECT: Crossing Guard Program Update

In June of 2022, City Council received an Informational Memorandum outlining the current Crossing Guard Program. In summary, the memorandum provided an update on the forthcoming crossing guard needs assessment, results of a preliminary salary study, and the recruitment strategy to fill vacant crossing guard positions for the 22/23 school year. The full memorandum can be accessed here.

Crossing Guard Needs Assessment Update
The City of Milpitas adopted the current crossing guard program deployment criteria in 2006 and posts guards primarily at intersections with high volumes of school-age pedestrians and vehicles during any one-hour period in a day and other factors consistent with the State of California Manual of Traffic Control Devices (CAMUTCD). Other factors include vehicle sight distance obstructions, traffic accident history, complex roadway geometry design, safety, City Council support, and/or Chief of Police support.

Due to the significant population growth in recent years and the opening of the Mabel Mattos Elementary School, school-age pedestrian travel volumes, travel routes, and vehicle traffic patterns have changed. As a result, Staff completed a school-age pedestrian crossing count data collection using a traffic data consultant in November of 2022. Using the methodology described above, the study identified twenty-one (21) out of thirty-four (34) locations assessed, for guard placement.

Current Crossing Guard Compensation and Staffing
The Crossing Guard Program is managed by the Milpitas Police Department and is funded by the General Fund. For FY22-23, $512,946 is budgeted for the program, which includes $510,946 for staff salary costs and $2,000 for equipment and supplies. It should be noted that the budgeted amount does not reflect the total program cost as it is calculated using the hourly pay rate and does not include the fully loaded rate. The budgeted amount also does not include the time spent by police officers assigned to cover vacant crossing guard positions due to staffing vacancies. Total program cost using the fully loaded rate will be discussed below.

Crossing Guards are part-time “temporary” employees with an hourly pay range between $16.40 to $18.46, and they receive an additional hour of pay in compliance with the State law related to split shifts. Beginning January 1, 2022, crossing guards have been hired at $18.46 per hour (top of the range) to bolster recruitment and remain competitive with surrounding cities. Additionally, the Crossing Guard program is supervised by one (1) part-time Crossing Guard Supervisor. This supervisor position has a pay range between $17.71 to $21.21 per hour and also receives an additional hour of pay in compliance with State law related to split shifts.

In 2019, the City’s program was staffed with one (1) Crossing Guard Supervisor and thirty-six (36) Crossing Guards. Over the past three years, several guards resigned from the program. Current staffing is one (1) Crossing Guard Supervisor and twenty-six (26) Crossing Guards. Due to vacancies, 251
Item # C13.

Crossing Guard Program Update Page 2 of 6
January 27, 2023

455 E. Calaveras Blvd., Milpitas, CA 95035 www.milpitas.gov Superior Customer Service  Open Communication  Integrity and Accountability  Trust and Respect  Recognition and Celebration the current staffing is insufficient to staff the thirty-four (34) identified locations in the 2014 survey on which the current deployment model is based. The lack of crossing guard staffing is further exacerbated by five (5) guards that are currently unavailable for duty, due to various personal reasons, reducing the total number of available guards to twenty-one (21).

Due to Crossing Guard vacancies, police department employees including Community Service Officers and Police Officers are regularly reassigned to staff intersections to provide crossing guard services.

Collectively they backfill guard vacancies 16 to 25 hours per month. The fully loaded cost (including salary, benefits and overhead) of a Community Service Officer to provide this service is $156 per hour.

The fully loaded cost of a Police Officer to provide this service is $274 per hour. Thus, staffing costs to cover the vacancies can range between $2,500 to almost $7,000 per month. This staffing model is not cost effective nor is it sustainable as a long-term solution to Crossing Guard vacancies.

Based on a recent school-age pedestrian crossing count completed in November, staff is evaluating potential changes to the deployment model. A change in the deployment model will directly impact the fiscal impact of alternative program models described below for consideration.

Crossing Guard Retention and Recruitment
To encourage retention of our current guards and remain competitive with surrounding agencies, all guards were elevated to the top of the pay range. In addition, the police department holds an annual Crossing Guard Appreciation luncheon to recognize guards for their contributions to the City and guard program as employee recognition is an important component to employee retention.

In 2021, the Police Department began ramping up recruitment efforts as our community began recovering from the impacts of the COVID-19 pandemic. In 2022, the Police Department initiated an aggressive recruitment campaign which included word of mouth recruitment, the placement of hard media advertisements in City facilities and cooperating businesses, digital advertisements on sites such as NeoGov, social media sites and websites, advertisement at community events and meetings, and advertisement through volunteer organizations and community groups. The Police Department also produced a recruitment video that was released on social media.

Recruitment efforts have not been successful and current guards continue to leave the program due to attrition. Staff has conducted extensive analysis to ensure our public safety objectives are met and is offering the below alternatives to Council for consideration.

Alternative Crossing Guard Program Models for Consideration Based on the dire condition of the current program, strain on current Police Department resources, recruitment challenges, and review of program models being used in other cities, staff is presenting several alternatives to the existing program. Each alternative provides an estimated cost analysis based on the current deployment model of thirty-six (36) guards and one (1) supervisor, and a modified deployment model of twenty-seven (27) guards based on the most recent pedestrian count analysis.

The City completed an updated school-aged pedestrian crossing study in November, which identified twenty-one (21) locations that meet the criteria for guard deployment. A reduction in the deployment model of the thirty-four (34) locations identified in 2014 to the twenty-one (21) locations identified in 2022, will require twenty-seven (27) guards to properly staff the twenty-one (21) locations. Due to the complexity of some locations near the high school, they will require multiple guards for safety. 252
Item # C13.

Crossing Guard Program Update Page 3 of 6
January 27, 2023

Considerations: The Police Department would continue to be responsible for the program implementation and management. This includes recruitment, retention, equipment, and operations, including staffing vacant positions with Community Service Officers and Police Officers. The Police Department no longer has the capacity to effectively manage the program, and additional staffing will be required if this alternative were to be selected; therefore, the addition of one (1) full-time Lead Community Service Officer (CSO) position will be necessary for program administration, management, and operations. A classification study will be required to add this position. An additional vehicle would also need to be added to the existing fleet to accommodate the out-of-office work necessary for this position.

Due to recruitment challenges, Council may choose this option and to also increase the hourly wage to attract additional applicants. However, raising the hourly pay rate for the Crossing Guard and Crossing Guard Supervisor classifications without a comprehensive review of all temporary classification pay rates may create internal pay alignment issues and result in the need to raise other classification rates to realign.

Fiscal Impact FY23-24 (36 guard deployment): The cost of maintaining the hourly rate for crossing guards at $18.46 and adding department staffing (1 full-time Lead CSO) to manage the program under the current deployment model (36 guards) is $707,312 ($526,900 for crossing guards and $180,412 for the CSO). This is an increase of $194,366 over the current $512,946 budgeted for the program in the Police Department’s FY22-23 operating budget. The fully loaded cost of this options is $1,010,880.

Fiscal Impact FY23-24 (27 guard deployment): The cost of maintaining the hourly rate for crossing guards at $18.46 and adding department staffing (1 full-time CSO) to manage the program under the recently recommended deployment model (27 guards) is $526,541 ($346,129 for crossing guards and $180,412 for the CSO). This is an increase of $13,595 over the current $512,946 budgeted for the program in the Police Department’s FY22-23 operating budget. The fully loaded cost of this options is $758,160.

Option B: Transition the program management to a third-party contract service.

Considerations: All City Management Services (ACMS) is an all-inclusive contract service that provides Crossing Guard services to cities throughout the Bay Area, including several cities within Santa Clara County. ACMS handles scheduling, supervision, staffing, certified training, recruitment, worker’s compensation claims, complaint and problem resolution, safety inspections, uniforms, and safety equipment. If the City transitions management of the Crossing Guard program to ACMS, ACMS will retain current City employed guards to ensure consistent service is provided to the community. Current guards will not lose their jobs or be displaced to other jurisdictions.

Additionally, ACMS will provide guard coverage at vacant positions with substitute guards they retain on staff, thus ensuring no lapse in coverage and alleviating the current strain on Police services to backfill vacancies.

Fiscal Impact FY23-24 (36 guard deployment): The cost of transitioning to ACMS under the current deployment model (36 guards) and retaining the hourly pay rate of $18.46 per hour with an additional hour of split shift pay pursuant to California law would be $784,339. This is an increase of $271,393 over the current $512,946 budgeted for the program in the Police Department’s FY22-23 operating budget. These calculations include fully loaded costs.
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Item # C13.

Crossing Guard Program Update Page 4 of 6
January 27, 2023

455 E. Calaveras Blvd., Milpitas, CA 95035 www.milpitas.gov Superior Customer Service  Open Communication  Integrity and Accountability  Trust and Respect  Recognition and Celebration Fiscal Impact FY23-24 (27 guard deployment): The cost of transitioning to ACMS under the recently recommended deployment model (27 guards) and retaining the hourly pay rate of $18.46 per hour with an additional hour of split shift pay pursuant to California law would be $593,309. This is an increase of $80,363 over the current $512,946 budgeted for the program in the Police Department’s FY22-23 operating budget. These calculations include fully loaded costs.

Option C: Eliminate the crossing guard program.

Considerations: Eliminating the crossing guard program would be a significant reduction in public safety service.

Fiscal Impact (36 guard deployment): Cost savings of $512,946 (assuming no changes to the existing program are made). This does not factor in overhead costs or the costs associated with deploying police officers or CSOs due to crossing guard vacancies.

Fiscal Impact (27 guard deployment): N/A

Cost Comparison of Options
The table below shows the total fiscal impact for all three options. Both Options A and B include fully loaded costs (including salary, benefits, and overhead). Option C denotes annual savings; however, it does not factor in fully loaded costs, or the costs associated with backfilling vacant crossing guard positions with a CSO or Police Officer. Thus, the actual total savings is greater than the budgeted amount of $512,946.

Option A Option B Option C
36 Guards $1,010,880 $784,339 $512,946*
27 Guards $758,160 $593,309 N/A
One Time Costs $70,000** N/A N/A
*Denotes annual savings
**Denotes one-time costs (additional vehicle and equipment)

Program Comparisons in Santa Clara County
Staff has gathered information about other crossing guard programs in Santa Clara County including type of program, funding sources, and compensation [see Table 1]. Of the eleven cities surveyed, seven cities (about 64% of the cities) utilize a contract service, three are managed by the respective city, and one is managed by the city’s school district. Besides Milpitas, there are only three other cities that manage their own crossing guard program, and two of the three cities are currently evaluating a contract service model due to challenges with recruitment and program management. 254
Item # C13.

Crossing Guard Program Update Page 5 of 6
January 27, 2023

455 E. Calaveras Blvd., Milpitas, CA 95035 www.milpitas.gov Superior Customer Service  Open Communication  Integrity and Accountability  Trust and Respect  Recognition and Celebration Table 1
City Funding
Source
Program Managed By Hourly
Rate
(Max)
On-Site
Hours
Daily
Paid
Hours
Daily
Daily
Compensation
Gilroy School District School District $15.50* Varies Varies $ Varies Santa Clara City City $24.00 3 3 $72.00
San Jose City City $26.45 2 2 $52.90
Milpitas City City $18.46* 3 4 $73.14
Campbell School
District/City
City $23.00* 2 3 $69.00
Cupertino City Contract Service $16.00** 1.75 4 $64.00
Los Altos School District Contract Service $16.40* 2 3 $49.20 Los Gatos School District Contract Service $17.00** 1.50 3 $51.00 Mountain View City Contract Service $17.10** 1.75 3.50 $59.80 Palo Alto School
District/City
Contract Service $16.45** 1.75 4 $65.80
Saratoga City Contract Service $18.00** 2 4 $72.00
Sunnyvale City Contract Service $20.00* 2 3 $60.00
* Indicates one additional hour of pay in compliance with State Split Shift Premium Pay ** Indicates 1.50 to 2.25 additional hours of pay in Split Shift Premium Pay (exceeds requirement)

Split Shift Premium
Per California state law, employees who earn the minimum wage per hour are entitled to additional pay known as “split shift premium” when their work schedule includes a “split shift.” A “split shift” is defined as a work schedule interrupted by unpaid non-working hours established by the employer. A split shift premium applies to our crossing guards because their work schedule includes a morning shift and an afternoon shift that is interrupted by unpaid non-working hours. California law requires the split shift premium pay to equal one (1) hour of pay at the rate of the minimum wage. Currently, the minimum wage in Milpitas is $16.40/hour. The City currently exceeds this regulation by paying Crossing Guards one (1) additional hour per day at their current hourly rate of pay ($18.46/hour).

The split shift premium can be reduced or eliminated if the employee’s hourly wage exceeds the minimum wage. The difference in hourly wage that exceeds the minimum wage is credited towards the employer’s obligation to pay the split shift premium. The law related to split shift premium is illustrated in the below examples:

Employee A: Paid $16.40 an hour, works 2 hours on site (1 morning, 1 afternoon) is paid 3 hours of work (because 1-hour shift premium) for a total daily compensation of $49.20.

Employee B: Paid $24.60 an hour, works 2 hours on site (1 morning, 1 afternoon) is paid 2 hours of work for a total daily compensation of $49.20. No split shift premium pay is required because it is off-set by the higher wage.

Funding Options
In addition to program models, Council may consider pursuing a cost sharing model with the Milpitas Unified School District. Historically, the City of Milpitas has funded the program using General Fund monies allocated to the Milpitas Police Department. As noted in Table 1 above, of the eleven cities surveyed, five cities have crossing guard programs that are fully or partially funded by the school districts.
255
Item # C13.

Crossing Guard Program Update Page 6 of 6
January 27, 2023

Option A Option B Option C
Program
Description
Continue current model; maintain
the hourly wage to a minimum of
$18.46; increase department
staffing to manage the program.

Transition the program
management to a third-party
contract service (All City
Management Services).

Eliminate the Crossing
Guard program
Managed By City Third-Party Contract Service
(ACMS) N/A
Cost FY23-24
36 Guards @
34 Locations
$1,010,880 $784,339 N/A
Cost FY23-24
27 Guards @
21 Locations
$758,160 $593,309 N/A
Pros • Maintains current model
• Added staffing will allow better
management of the program
• Scheduling, supervision,
staffing, certified training,
recruitment, worker’s
compensation claims,
complaint and problem
resolution, safety inspections,
uniforms, and safety
equipment would all be
handled by ACMS
• Existing Crossing Guards
would become ACMS
employees and retain
assignments in Milpitas
• ACMS would backfill
vacancies with their staff
eliminating need to staff with
sworn officers
• Cost savings of
$512,946 based on
current program
allocation for FY22-23
(does not reflect fully
loaded costs)
Cons • Will require significant additional
funding which could otherwise
be used for other essential City
services
• May still result in ongoing
recruitment challenges requiring
expensive supplemental staff of
sworn officers
• There could be a perception of
potential impacts on current
Crossing guards
• Will require additional funding
but will still cost less than
Option A
• Significant reduction in
public safety
Considerations • Consider cost sharing with the
Milpitas Unified School District
to mitigate budget impact
• Consider reducing number of
locations based on traffic study
for a more cost-effective
program
• Increasing hourly wage may
improve recruitment and
eliminate the need to staff
locations with sworn officers
• Consider cost sharing with the
Milpitas Unified School District
to mitigate budget impact
• Consider reducing number of
locations based on traffic study
for a more cost-effective
program
• Police department will ensure
contractual obligations are met

• Increasing hourly wage may
improve recruitment
• Community concerns

256
Item # C13.

V.011322

CITY OF MILPITAS

SOLE SOURCE OR

SOLE BRAND (STANDARDIZATION) REQUEST

THIS FORM MUST BE COMPLETED AND APPROVED

PRIOR TO ANY PROCUREMENT
_________________________________________________________________________ When a request is made for a sole source procurement or to restrict procurement to a specific brand (standardization) for the acquisition of supplies, equipment and materials or services (except for consultant services or contracts with other governmental agencies), as applicable, the requesting department must complete this form consistent with Section I-2-3.06 - Sole Source Procurement or Section I-2-3.14 - Standardization.

Per the aforementioned Municipal Code section, a sole source contract is authorized when the Purchasing Agent determines in writing, after conducting a good faith review of available sources, that only one viable source exists for the required supplies, material, equipment, or general service, or that there is a compelling reason for using only one source. The detailed information you are providing will facilitate such a determination.

Per the aforementioned Municipal Code section, a standardization of supplies, materials or equipment, including information and communication technology products and services and subsequent sole brand procurement is authorized, when the Purchasing Agent has determined that it is required for the health, safety or welfare of the people or employees of the City, or that cost savings have been demonstrated. Among the fact ors that may be considered in determining to standardize on a single brand or trade name are that:
a) In order to acquire a specific product(s) for the purpose of conducting a field test or experiment to determine the product's suitability for use by the City. b) When it is required for proper operation or function to match other products with respect to the repair or expansion or completion of a system or program already in use by the City, including, but not limited to, technology purchases required to achieve interoperability with existing hardware, software, systems or programs. c) In order to achieve significant cost savings based upon consideration of the following cost factors: (1) Timeliness and quality of installation, repair and maintenance; (2) Quality of user training; (3) Supplies and replacement parts; (4) Modification of existing equipment, materials or systems; (5) Future upgrades and updates; (6) Estimated amount and cost of reasonably foreseeable future purchases of equipment that would be required to be compatible or functional with the product which is the subject of the standardization determination; and/or (7) Administrative costs.

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This form is not necessary for contracting for professional services or contracting with other governmental agencies.

Please answer in the space provided, or in an attachment address by specific reference, each question listed below in your justification. Be sure to answer each part of each question as each must be addressed; no response can be not applicable. Failure to respond fully to any of the questions may result in delay or rejection of the request due to inadequate justification. If additional information is necessary, please attach additional page(s) and/or documents, as needed.

1. This is a request for a (circle one) Sole Source Sole Brand exception.

2. Using appropriate detail, including brand name and model number, briefly describe the product you wish to procure. In the case of a general service use enough detail to clearly describe to someone not familiar with your department’s operation what you are procuring.

If it is your assertion that the manufacturer or distributor is the only authorized source in the Bay Area, Northern California; or whatever the claim is; please substantiate that with a letter from the manufacturer or distributor. The letter must be on their stationary but can be sent via email. Attach a copy to this form.

This request is for the operation and management of school crossing guard services (36-guard model, to match existing City program) --including but not limited to providing guards, substitute guards, supervision, training, recruitment, equipment, payroll, problem resolution, and ongoing communication with school district—by All City Management Services (ACMS).

3. Please provide the total not-to-exceed amount of the purchase and/or agreement/contract as well as the requested term. (if buying software, the City’s standard term is five years) Total Cost: $784,339 Term: 1 year with optional years 2 and 3 Detailed cost breakdown explanation per year:

Year 1: $784,339
Year 2: (Optional)
Year 3: (Optional)
Year 4: N/A
Year 5: N/A

4. For goods: What are the unique performance features of the product/brand requested that are not available in any other product/brand? For services: What unique qualifications, rights, degrees, certifications, licenses and/or experience does this vendor possess? N/A
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5. What other products/services have been examined and rejected, and why? (Please provide a specific meaningful explanation, one vendor and one feature at a time. For products be sure to clearly identify the product by name and model number and include the name, address, email, and telephone number of the company representative whose product you tested.)

All City Management Services is the sole provider of full -service third-party crossing guard services in Santa Clara County and surrounding regions . Online research was conducted by Police Department staff to locate potential vendors that provide exclusive Crossing Guard services in California, and more specifically, the Bay Area. All City Management Services (ACMS) was the only company identified that provides all-inclusive Crossing Guard services in the Bay Area. They have been in operation since 1985 and have over 260 Crossing Guard contracts in 25 states. Additionally, they provide Crossing Guard services for all Bay Area cities who utilize a contract service including Menlo Park, Palo Alto, San Carlos, Redwood City, Fremont, Union City, Newark, Sunnyvale, Mountain View, Cupertino, Saratoga, and Los Gatos.

6. If justification is based on matching and/or intermixing with existing equipment (standardization or sole brand only – (sole brand may only be used by authority of the City Council)), list the quantity, manufacturer, brand, and model of the existing equipment, and identify measurable cost savings consistent with the sole brand requirements identified on page one of the request form (attach calculations as necessary).

I HEREBY CERTIFY THAT:

1. I have read and understand the City's requirements for competitive bidding, as well as the criteria for justification for sole source and sole brand procurements.

2. I have gathere d the required technical information and have made a concentrated effort to review comparable and/or equal equipment/service.

3. There is validity as to the information contained herein justifying my request for sole source or sole brand procurement and meeting the City's criteria.

4. A sole source or sole brand procurement in this case would withstand a possible audit or a vendor's protest.

Requestor: Lisa Beaulieu _______________________________ Date: 5/3/23 Department Head: ____________________________________ Date:

PURCHASING DIVISION USE ONLY:

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APPROVED: Yes No
Purchasing Agent: __________________________________ Date:

Purchasing Agent’s Written Determination:

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Item # C13.

V.011322

SOLE SOURCE OR SOLE BRAND REQUEST
A. OVERVIEW
Purchasing recognizes that departments often invest a great deal of time and effort in selecting a source or brand, prior to submitting a requisition to Purchasing. Even though the departmental review process prior to the submittal of a requisition may be sound, it is highly recommended to quickly engage with Purchasing as soon and early in the process as possible to ensure all documentation and justifications for the request are consistent with the Municipal Code.

Likewise, Purchasing can be an effective partner in a competitive review process given adequate time and involvement in your requirement definition.

In an effort to expedite sole source or sole brand requisitions through Purchasing, you are directed to review the Sole Source or Sole Brand Request form herein. If the Department feels the request meets the criteria, follow the instructions in filling out the f orm and attach it to the requisition. After review, if Purchasing concurs with your sole source or sole brand justification, the requisition may be expedited without the competitive solicitation requirements.

This is an internal City review process. Depar tments are directed to use discretion in their discussion with vendors so as to not compromise any competitive advantage that Purchasing may utilize; in the event the sole source or sole brand justification is rejected. Rather than merely a shift of the re view burden, this process acknowledges the significant effort a department may undertake when identifying a vendor or brand and provides you with the method by which to make requisitioning efforts more efficient adhering to the City’s Purchasing Ordinance.

In order for Purchasing to accept a request for sole source/sole brand, the certification form referenced is made a part of the Purchasing Agent’s written determination as provided by the Municipal Code must be signed by the Department Head. The completed form will remain on file for audit purposes.

Sole Source Requests Over $100,000
Sole Source requests over $100,000 require submission of an Agenda Report Sample - Sole Source Agenda Report and approval by City Council and require submission of a resolution as in the Sample - Sole Source Resolution. If you are making a second sole source purchase, over $100,000, within the five -year life of the original sole source purchase you are still required to submit an AR to City Council , and at a minimum, the report should confirm the findings in the prior sole source resolution are still accurate and that nothing has changed in the marketplace or elsewhere. If anything has changed, then a new resolution is required. If DocuSign Envelope ID: 37AA03C0-736B-4CCB-9714-29E6FE058294 261
Item # C13.

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nothing has changed, then the Department can rely on the prior resolution but should include language in the AR indicating that all previous findings and conclusions are still accurate, and staff is not aware of any new information that would change those findings or conclusions in the prior sole source resolution.

B. PROCEDURE Sole source or sole brand procurements are an exception to competitive solicitatio n requirements and, therefore, require a detailed justification. In processing sole source or sole brand requests for supplies, equipment and/or services (except for consultant services or contracts with other governmental agencies) , Purchasing adheres to and is governed by the principles set forth in City of Milpitas Municipal Code Section I-2-3.06 - Sole Source Procurement or Section I-2-3.14 - Standardization as approved by the City Council.

If the requesting Department is requesting a particular vendor, brand or product, staff must make this fact clear on your requisition. If approved, the request will then be restrictive and non-competitive and will fall into a sole source or sole brand category.

Such a request should not be made unle ss Department staff is confident that the request is reasonable and appropriately justified to meet the City’s requirements and withstand any possible audit or scrutiny. The City’s requirements and the format for submitting such requests are contained herein.

The following factors DO NOT apply to sole source requests and should not be included in any sole source and/or sole brand justification request. They will not be considered and only tend to confuse the evaluation process and delay the procurement.

1. Personal preference or experience with or for a particular product or vendor.

2. Cost, vendor performance, and/or local service (these are generally considered award factors in competitive bidding).

3. Features which exceed the minimum department requirements.

4. Explanation of the need and/or basic use for the equipment, unless the information relates to a request for “unique factors” (refer to question three from the Sole Source/Sole Brand Request form). In other words, it is not appropriate to only state the Department is requesting a specific tree trimmer so staff can trim trees, instead explain why this particular trimmer with these exact performance specifications is the only one that will meet the Department’s need(s).

5. A request for “no substitution” submitted without justification. This is just a sole source or sole brand request without justification and will be rejected DocuSign Envelope ID: 37AA03C0-736B-4CCB-9714-29E6FE058294 262
Item # C13.

Certificate Of Completion
Envelope Id: 37AA03C0736B4CCB971429E6FE058294
Status: Completed
Subject: Sole Source Justification Form - ACMS
Source Envelope:

Document Pages: 6
Signatures: 1
Envelope Originator:

Certificate Pages: 4
Initials: 0
Lisa Beaulieu
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 E Calaveras Blvd
Milpitas, CA 95035
[email protected]
IP Address: 50.59.22.2
Record Tracking
Status: Original
May 8, 2023 | 11:36
Holder: Lisa Beaulieu
[email protected]
Location: DocuSign
Signer Events
Signature
Timestamp
Jared Hernandez
[email protected]
Chief of Police
Security Level: Email, Account Authentication
(None)

Signature Adoption: Pre-selected Style
Using IP Address: 50.59.22.2
Sent: May 8, 2023 | 12:10
Viewed: May 8, 2023 | 13:32
Signed: May 8, 2023 | 13:32
Electronic Record and Signature Disclosure:

Accepted: May 8, 2023 | 13:32
ID: 2f9c3ec2-adeb-4265-9b8c-9cb1ecf2f9e7
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Item # C13.

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Carahsoft OBO City of Milpitas (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

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At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

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If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: January 13, 2020 | 13:50 Parties agreed to: Jared Hernandez
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Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact Carahsoft OBO City of Milpitas:

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To advise Carahsoft OBO City of Milpitas of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.

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To request paper copies from Carahsoft OBO City of Milpitas To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.

To withdraw your consent with Carahsoft OBO City of Milpitas To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:
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i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..

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Item # C13.

Resolution No. ____
RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS

AUTHORIZING THE CITY MANAGER TO EXECUTE THE SOLE SOURCE

PROCUREMENT OF CROSSING GUARD SERVICES WITH ALL CITY
MANAGEMENT SERVICES, INC.

WHEREAS, the City of Milpitas adopted the current crossing guard program in 2006 and posts guards primarily at intersections with high volumes of school -age pedestrians and vehicles during any one -hour period in a day and other factors consistent with the State of California Manual of Traffic Control Devices (CAMUTCD); and

WHEREAS, at time of adoption, the Crossing Guard Program was managed by the Milpitas Police Department; and

WHEREAS, based on the dire condition of the program; strain on Police Department resources; recruitment challenges; and review of program models in use in other cities, staff presented several alternatives to the existing program to Council on January 27, 2023; and

WHEREAS, Council voted that management of the crossing guard program would be transitioned to a third-party contract service at the existing 36 -guard deployment service level, with the adoption of the City’s FY2023-24 Operating Budget; and

WHEREAS, the City now wishes to enter into a 1-year master services agreement for crossing guard services in a total amount not-to-exceed $781,858 for Fiscal Year 2023-24; and

WHEREAS, Section I-2-3.06 of the Milpitas Municipal Code authorizes the Purchasing Agent to award contracts without competition when the Purchasing Agent determines in writing, after conduc ting a good faith review of available sources, that only one viable source exists for the required supplies, material, equipment or general service, or there is a compelling reason for using only one source. All City Management Services, Inc. is the sole provider of full-service and all-inclusive crossing guard services in Santa Clara County and surrounding regions.

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

2. The City Council approves and authorizes the City Manager to execute the 1-year sole source Master Services Agreement with All City Management Services, Inc. for c rossing guard services in a total amount not-to-exceed $781,858 for fiscal year 2023-24.

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

AYES:

NOES: 267
Item # C13.

Resolution No. ____
ABSENT:

ABSTAIN:

ATTEST: APPROVED:

Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

Michael Mutalipassi, City Attorney

268
Item # C13.
1 CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Waive the Second Reading and Adopt Ordinance No. 38.853 Amending the Zoning Map of the City of Milpitas in Accordance with the Provisions of Section 3.03 of Chapter 10 of Title XI of the Milpitas Municipal Code to Change the Zoning Classification of Two Parcels (APNs: 083-40-044 and 083-40-045) Located on the Southwest Corner of South Main Street and Montague Expressway for Consistency with New, Approved General Plan Land Use Designations. (Staff Contact: Ned Thomas, Planning Director, 408-586-3273; and Holly Pearson, Senior Special Projects Associate, 408-609-0072)
Category: Consent Calendar-Community Development
Meeting Date: 6/20/2023
Recommendation:

1. Determine that potential environmental impacts associated with the proposed Zoning Map changes have been previously analyzed under the Environmental Impact Report (EIR) for the Milpitas 2040 General Plan certified on March 9, 2021 (per Resolution 9047) and find that since the proposed Zoning Map changes are consistent with the General Plan, no further environmental analysis is required.

2. Move to waive the second reading and adopt Ordinance No. 38.853 amending the Zoning Map of the City of Milpitas in accordance with the provisions of Section 3.03 of Chapter 10 of Title XI of the Milpitas Municipal Code to change the zoning classification of two parcels (APNs: 083-40-044 and 083-40-045) located on the southwest corner of South Main Street and Montague Expressway for consistency with new, approved General Plan land use designations.

Background:

This Ordinance was introduced at the City Council meeting held on June 6, 2023. The Ordinance is now ready for its second reading and adoption.

Fiscal Impact:

The adoption of Ordinance No. 38.853 to amend the zoning classifications for two parcels on South Main Street will have no fiscal impact in terms of existing land uses but will allow more flexibility for future development in the area, consistent with the General Plan. Future redevelopment of the South Bay Tech Center site (1603-1765 South Main Street) would have a positive fiscal impact due to increased property values. Specific redevelopment plans for the site have not been proposed at this time, so the actual increase in property values is unknown.

California Environmental Quality Act (CEQA):

An Environmental Impact Report (EIR) was prepared for the Milpitas 2040 General Plan was adopted and certified by Resolution No. 9047 on March 9, 2021 (State Clearinghouse No. 2020070348). The proposed Zoning map amendments are consistent with the Milpitas 2040 General Plan and with the environmental analysis conducted for the plan update; therefore, no additional environmental review is required.

As a separate and independent basis, the project is also exempt from further environmental review under CEQA Guidelines Section 15183 (Project Consistent with General Plan, Community Plan, or Zoning).

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Item # C14.
2 Recommendation:

Attachments:

1. Ordinance No. 38.853
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Item # C14.

REGULAR

NUMBER: 38.853
TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING

THE ZONING MAP OF THE CITY OF MILPITAS IN ACCORDANCE WITH THE PROVISIONS OF SECTION 3.03 OF CHAPTER 10 OF TITLE XI (ZONING

ORDINANCE) OF THE MILPITAS MUNICIPAL CODE TO CHANGE THE ZONING

DESIGNATION OF TWO PARCELS ON SOUTH MAIN STREET BETWEEN GREAT MALL PARKWAY AND MONTAGUE EXPRESSWAY (APNs: 083-40-044, 083-40-045)

FOR CONSISTENCY WITH THE NEW BOUNDARIES OF THE MILPITAS METRO

SPECIFIC PLAN AND PROPOSED BOUNDARIES OF THE DRAFT GATEWAY-MAIN

STREET SPECIFIC PLAN FOR CONSISTENCY WITH NEW GENERAL LAND USE DESIGNATIONS FOR THE SUBJECT PARCELS.

HISTORY: This Ordinance was introduced (first reading) by the City Council at its meeting of June 6, 2023, upon motion by Mayor Carmen Montano and was adopted (second reading) by the City Council at its meeting June 20, 2023, upon motion by ____________________________. The Ordinance was duly passed and ordered published in accordance with law by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

________________________________ __________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

________________________________
Michael Mutalipassi, City Attorney
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2 Ordinance No. 38.853

RECITALS AND FINDINGS:

WHEREAS, the City of Milpitas, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, California Government Code Section 65800 et seq. authorizes the adoption and administration of zoning laws, ordinances, rules, and regulations by cities as a means of implementing the General Plan; and
WHEREAS, Section 3.03 of Chapter 10 Zoning of Title XI of the Milpitas Municipal Code, divides the city into zoning districts; and
WHEREAS, the City Council is the final authority on General Plan, Specific Plan, and Zoning amendments, including amendments to the Zoning Map; and WHEREAS, on March 19, 2002, the Milpitas City Council adopted the Midtown Specific Plan, which encompassed a planning area of approximately 1,000 acres of land in the Midtown district of Milpitas; and WHEREAS, on June 3, 2008, the Milpitas City Council adopted the Transit Area Specific Plan, a specific plan developed in response to Policy 7.5 of the Midtown Specific Plan; and WHEREAS, in early 2019 the City of Milpitas launched a process to update the Transit Area Specific Plan, expanding the plan’s scope and geographic extent, and this updated draft plan is known as the Milpitas Metro Specific Plan; and
WHEREAS, the Gateway -Main Street Specific Plan was initiated in late 2021 as an update and reframing of the Midtown Specific Plan; and
WHEREAS, on February 7, 2023, the Milpitas City Council adopted the Metro Specific Plan; and WHEREAS, the planning area boundaries of the draft Gateway-Main Street Specific Plan differ from the boundaries of its predecessor, the Milpitas Midtown Specific Plan, and 168 parcels along South Main Street and S outh Abel Street , in the area generally located south of Great Mall Parkway and north of Montague Expressway, will no longer be part of the Gateway-Main Street Specific Plan area; and WHEREAS, the plann ing area boundaries of the adopted Milpitas Metro Specific Plan include eight large parcels along the east side of South Main Street that were previously part of the Milpitas Midtown Specific Plan area; and
WHEREAS, the other 160 parcels that are not included in the planning area for the Gateway-Main Street Specific Plan shall be given standard General Plan land use designations and zoning classifications consistent with the existing land uses on those parcels; and
WHEREAS, on June 6, 2023, the City Council adopted a resolution approving a General Plan Map Amendment (GP23-0002) to implement the changes to the land use designations for these parcels; and WHEREAS, a Zoning Map Amendment is necessary to change the zoning classification for two of these parcels (APNs: 083-40-044, 083-40-045) to Mixed Use (MXD) Zoning District, such that the zoning for these parcels shall be consistent with the new, approved General Plan land use designations of Neighborhood Center Mixed Use; and
WHEREAS, per Milpitas Munic ipal Code §§ XI-10-57.02(G)(3), the City Council finds the Zoning Amendment set forth herein to be consistent with the General Plan, and specifically with Land Use Element 272
Item # C14.
3 Ordinance No. 38.853

Action LU-1a (update the City’s Zoning Map as appropriate to ensure consistency with the land use designations shown on Figure LU-1[Land Use Map]), because State law requires that a local jurisdiction’s zoning ordinance must be consistent with its general plan, and the proposed zoning map amendments are required in order for the zoning of the subject parcels to be consistent with the new proposed land use designations in the Milpitas 2040 General Plan; and
WHEREAS, per Milpitas Municipal Code § XI-10-57.02(G)(3), the City Council likewise finds that the Zoning Amendment set forth herein will not adversely affect the public health, safety and welfare, in that the proposed zoning map changes involve only changes the zoning designations for a small number of parcels, the result of which would be minor refinements to the allowable uses and development standards for those parcels, while maintaining comparable or less intensive development densities and intensities; and WHEREAS, on March 9, 2021, an Environmental Impact Repor t (EIR) was certified for the Milpitas 2040 General Plan in accordance with the California Environmental Quality Act (CEQA), and whereas the proposed zoning map amendments are consistent with the updated General Plan and the environmental analysis conducted for the same; and
WHEREAS, on May 10, 2023, the Planning Commission held a duly noticed public hearing on the subject application, considered evidence presented by City staff and other interested parties, and adopted Resolution 23 -006 recommending that the City Council approve General Plan Amendment GP23 -0002 and Zoning Amendment ZA23-0001; and

WHEREAS, on June 6, 2023, the City Council of the City of Milpitas adopted a Resolution approving General Plan Amendment GP23 -0002 to change t he General Plan land use designations for 168 parcels previously located in the Milpitas Midtown Specific Plan area, including the two parcels subject to this amendment to the City’s zoning map.

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

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

SECTION 2. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XI, CHAPTER 10, SECTION 3.03
Title XI, Chapter 10, Section 3.03 (“Zoning Map”) is hereby amended, as attached hereto in Exhibit 1.

SECTION 3. ZONING MAP AMENDMENT FINDINGS (XI-10-57.02)
The City Council makes the following findings based on the evidence in the public record in support of Zoning Amendment No. ZA23-0001:

A. The proposed amendment is consistent with the General Plan.

The proposed zoning map amendments are consistent with the General Plan because their purpose is to maintain consistency between the General Plan Land Use Map and the City’s zoning ordinance, as required by the General Plan and by state law, in terms of the land use designations and regulations for the subject properties. 273
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4 Ordinance No. 38.853

B. The proposed amendment will not adversely affect the public health, safety and welfare.

The proposed amendments to the zoning map will not adversely affect public health, safety, or welfare because they are limited to minor refinements to the applicable zonin g districts for selected parcels, consistent with updates to the boundaries of the two specific plans. The zoning map amendments would result only in very minor changes to allowable development density or intensity, allowable land uses, or applicable development standards, and such changes would not have adverse impacts to the public.

SECTION 4. CALIFORNIA ENVIRONMENTAL QUALITY ACT
Based on its review of the entire record, including the staff report, public comments and testimony presented to the Planning Commission and City Council, and the facts outlined below, the City Council hereby finds and determines that the potential environmental effects of the proposed Ordinance have been adequately reviewed and analyzed under the Environmental Impact Report prepared for the Milpitas 2040 General Plan, adopted by Resolution No. 9047 on March 9, 2021 (State Clearinghouse No. 2020070348) . The zoning map changes are consistent with the updated General P lan, and the proposed new zoning designations would allow similar and comparable land uses and development densities (or intensities) as those that were analyzed under the General Plan EIR, and therefore no additional environmental review is required.

Moreover, the City Council hereby finds that the introduction and adoption of this Ordinance is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning). Section 15183 of the CEQA Guidelines provides that projects that are consistent with a Community Plan, General Plan or Zoning for which an EIR has been certified “shall not require additional environmental review, except as might be necessary to examine whether there are proj ect-specific significant effects which are peculiar to the project or its site.” These proposed zoning amendments are consistent with the Milpitas General Plan because their purpose is to maintain consistency between the General Plan Land Use Map and the City’s zoning ordinance in terms of the land use designations and regulations for the subject properties.

Therefore, the proposed Amendment is consistent with the General Plan and is exempt from CEQA pursuant to Section 15183 of the CEQA Guidelines.

SECTION 5. SEVERABILITY
The provisions of this Ordinance are separable, and the invalidity of any phrase, clause, provision, or part has no effect on the validity of the remainder.

SECTION 6. EFFECTIVE DATE AND POSTING
In accordance with Section 36937 of the Government Code of the State of California, this Ordinance takes effect 30 days from the date of its passage. The City Council hereby directs the City Clerk to cause this Ordinance or a summary thereof to be published in accordance with Section 36933 of the Government Code of the State of California.

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5 Ordinance No. 38.853

Exhibit 1: Zoning Map Amendments

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CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: 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) Category: Consent Calendar-Community Services and Sustainable Infrastructure

Meeting Date: 6/20/2023
Recommendations: (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.

Background:

Pursuant to Public Contract Code section 22050 and the attached Council Resolution No. 9134, the Director of Public Works, in the case of emergency, may authorize a repair of a public facility and procure the work without giving notice for bids. An emergency is defined as “a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.” Additionally, State law requires the Public Works Director, as the City official with delegated authority to take emergency action, to report any emergency authorization and the reason(s) for the authorization to the City Council not later than seven days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than 14 days after the action. Further, the Public Works Director is required to report why the emergency would not permit a delay resulting from a competitive solicitation for bids and the City Council is required to review the emergency action at every regularly scheduled meeting thereafter until the emergency repair is completed. The City Council shall continue to review the emergency action at every regularly scheduled meeting thereafter until the action is terminated. At each review, the City Council shall determine, by a four-fifths vote, whether there is a need to continue the action.

Consistent with applicable State law and Council Resolution, on April 27, 2023, the Public Works Director declared an emergency and authorized the City to contract with its existing HVAC maintenance contractor, Environmental Systems Inc. (ESI), for the eme rgency repairs to the HVAC system at City Hall and the Public Works, Information Technology and Police Department buildings. The Information Memorandum issued on that date outlined the various equipment issues and provided a cost estimate of $ 899,300.

Analysis:

Equipment and parts for the repairs to the HVAC system s at both City Hall and Public Works/Information Technology/Police Department buildings have been ordered by the contractor. Staff is working with the contractor to develop a repair schedule that minimizes disruption to department operations. Staff will continue to provide updates, including key project milestone and dates, as they are known.

Fiscal Impact:

Funding for these repairs is available in the City’s Capital Improvement Program (CIP) budget and has been fully encumbered CIP Project 3499 - HVAC Systems Repairs funded $620,000 for the upgrades to the Building Management System (BMS) and Variable Air Flow (VAV) boxes at both buildings. The remaining repairs w ere funded by CIP Project 3406 – City Building Improvements in the amount of $279,300.

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California Environmental Quality Act:

The emergency repair work is exempt from CEQA, per CEQA Guidelines Section 15301, Existing Facilities and 15302, Replacement or Reconstruction.

Recommendations:

1. Receive an update on the emergency repairs to the HVAC system and equipment for City Hall and the Public Works, Information Technology and Police Department buildings.

2. Determine by a four-fifths vote that the condition continues to constitute an emergency.

Attachment:

None
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CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Conduct a Public Hearing and Adopt a Resolution Confirming the Assessment and Ordering the Levy for the Landscaping and Lighting Maintenance Assessment District No. 95-1, McCarthy Ranch for Fiscal Year 2023-24 (Staff Contact: Roberto Alonzo, Principal Civil Engineer, 408-586-3316)
Category: Public Hearings-Community Development
Meeting Date: 6/20/2023
Recommendation: Open the public hearing, receive any comments, and move to close the hearing following any testimony, and Adopt a Resolution confirming the assessment and ordering the levy for Landscaping and Lighting Maintenance Assessment District No. 95-1, McCarthy Ranch for Fiscal Year 2023-24.

BACKGROUND:

Landscaping and Lighting Maintenance Assessment District No. 95-1, McCarthy Ranch (LLMD 95-1) provides for 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 attached.

ANALYSIS:

On May 16, 2023, the City Council adopted Resolution No. 9240 approving the Annual Engineer’s Report and adopted Resolution No. 9241 declaring its intention to levy and collect assessment for Fiscal Year 2023-24 for the Landscaping and Lighting Maintenance Assessment District No. 95-1. An annual public hearing is necessary to adopt a resolution confirming the assessment and ordering the levy for the Landscape and Lighting Maintenance Assessment District 95-1 for Fiscal Year 2023-24 (Attachment 1), and the Annual Engineer’s Report (Attachment 2) to provide funds for the district. The total assessment for fiscal year 2023- 24 is $0.0365 per lot square foot, with an assessment rate not exceeding the maximum rate per square foot of $0.0543. The FY 2023-24 rate is approximately 4.58% higher than the previous year FY 2022-23 rate of $0.0349.

POLICY ALTERNATIVE(S):

Alternative 1:

Not approve resolution confirming the assessment and ordering the levy for LLMD 95-1.

Pros: None

Cons: The Landscaping and Lighting Act of 1972 requires the legislative body to adopt a resolution confirming the diagram and assessment, not adopting a resolution of confirmation would jeopardize the City’s ability to collect assessments for the maintenance and upkeep of LLMD 95-1.

Reason not recommended: To allow for the continued maintenance of LLMD 95-1, staff recommends approving the resolution confirming the assessment and ordering the levy for fiscal year 2023-24.

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.

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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:

1. Open the public hearing, receive any comments, and move to close the hearing following any testimony.

2. Adopt a Resolution confirming the assessment and ordering the levy for Landscaping and Lighting Maintenance Assessment District No. 95-1, McCarthy Ranch for Fiscal Year 2023-24.

Attachment(s):

1. Resolution

2. Annual Engineer’s Report

3. Location Map

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS CONFIRMING THE

ASSESSMENT AND ORDERING THE LEVY FOR THE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 95-1 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 the Landscaping and L ighting Maintenance Assessment District (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 an Annual Report; and

WHEREAS, the City Council has, by previous resolution, declared its intention to hold a Public Hearing concerning the levy and collection of assessments within the Assessment District; and

WHEREAS, a Public Hearing has been held and concluded and notice thereof was duly given in accordance with Section 22626 of the Act; and

WHEREAS, at the time and place specified in the Resolution of Intention the City Council conducted such hearing and considered all objections to the assessment.

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

1. Confirmation of Assessment and Diagram: The City Council hereby confirms the assessment and the diagram as is described in full detail in the Annual Report on file with the City Clerk.

2. Levy of Assessment: Pursuant to Section 22631 of the Act, the adoption of this R esolution shall constitute the levy of an assessment for the fiscal year commencing July 1, 2023 and ending June 30, 2024.

3. Ordering of the Levy: The City Council hereby orders NBS to prepare and submit the levy of assessments to Santa Clara County for placement on the Fiscal Year 2023-24 secured property tax roll.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

_____________________________ _____________________________ Suzanne Guzzetta, City Clerk Carmon Montano, Mayor

APPROVED AS TO FORM:

_____________________________
Michael Mutalipassi, City Attorney

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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

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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
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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

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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.
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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.

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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. 287
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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.

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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.

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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.
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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/
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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 292
Item # 16.

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.
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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
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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
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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 296
Item # 16.

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.

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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.
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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. 299
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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.

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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 11:04:27AM302 Item # 16.

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 11:04:27AM303 Item # 16.

CITY OF MILPITAS LANDSCAPING MAINTENANCE DISTRICT (LMD) 95-1 (N.T.S.) 2023-2024 FISCAL YEAR LANDSCAPE AREA FUNDED FOR MAINTENANCE 304
Item # 16.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Conduct a Public Hearing and Adopt a Resolution Confirming the Assessment and Ordering the Levy for the Landscaping and Lighting Maintenance Assessment District No. 98-1, Sinclair Horizon for Fiscal Year 2023-24 (Staff Contact: Roberto Alonzo, Principal Civil Engineer, 408-586-3316)
Category: Public Hearings-Community Development
Meeting Date: 6/20/2023
Recommendation: Open the public hearing, receive any comments, and move to close the hearing following any testimony, and Adopt a Resolution confirming the assessment and ordering the levy for Landscaping and Lighting Maintenance Assessment District No. 98-1, Sinclair Horizon for Fiscal Year 2023-24.

BACKGROUND:

Landscaping and Lighting Maintenance Assessment District No. 98-1, Sinclair Horizon (LLMD 98-1) provides for 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 attached.

ANALYSIS:

On May 16, 2023, the City Council adopted Resolution No. 9242 approving the Annual Engineer’s Report and adopted Resolution No. 9243 declaring its intention to levy and collect assessment for Fiscal Year 2023-24 for the Landscaping and Lighting Maintenance Assessment District No. 98-1.

An annual public hearing is necessary to adopt a resolution confirming the assessment and ordering the levy for the Landscape and Lighting Maintenance Assessment District 98-1 for Fiscal Year 2023-24 (Attachment 1), the Annual Engineer’s Report (Attachment 2) to provide funds for the district. The total assessment for fiscal year 2023-24 is $516.44 per lot, with an assessment rate not exceeding the maximum rate per lot which is $560.54. The FY 2023-24 rate is approximately 4.53% higher than the previous year FY 2022-23 rate of $493.03.

POLICY ALTERNATIVE(S):

Alternative 1:

Not approve resolution confirming the assessment and ordering the levy for LLMD 98-1.

Pros: None

Reason not recommended: To allow for the continued maintenance of LLMD 98-1, staff recommends approving the resolution confirming the assessment and ordering the levy for fiscal year 2023-24.

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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:

1. Open the public hearing, receive any comments, and move to close the hearing following any testimony.

2. Adopt a Resolution confirming the assessment and ordering the levy for Landscaping and Lighting Maintenance Assessment District No. 98-1, Sinclair Horizon for Fiscal Year 2023-24.

Attachments:

1. Resolution

2. Annual Engineer’s Report

3. Location Map

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Item # 17.

RESOLUTION NO.

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

ASSESSMENT AND ORDERING THE LEVY 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 the Landscaping and Lighting Maintenance Assessment District (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 an Annual Report; and

WHEREAS, the City Council has, by previous resolution, declared its intention to hold a Public Hearing concerning the levy and collection of assessments within the Assessment District; and

WHEREAS, a Public Hearing has been held and concluded and notice thereof was duly given in accordance with Section 22626 of the Act; and

WHEREAS, at the time and place specified in the Resolution of Intention the City Council conducted such hearing and considered all objections to the assessment.

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

1. Confirmation of Assessment and Diagram: The City Council hereby confirms the assessment and the diagram as is described in full detail in the Annual Report on file with the City Clerk.

2. Levy of Assessment: Pursuant to Section 22631 of the Act, the adoption of this resolution shall constitute the levy of an assessment for the fiscal year commencing July 1, 2023, and ending June 30, 2024.

3. Ordering of the Levy: The City Council hereby orders NBS to prepare and submit the levy of assessments to Santa Clara County for placement on the Fiscal Year 2023-24 secured property tax roll.

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

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

_____________________________ _____________________________ Suzanne Guzzetta, City Clerk Carmon Montano, Mayor

APPROVED AS TO FORM:

_____________________________
Michael Mutalipassi, City Attorney

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nbsgov.com
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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

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Item # 17.

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

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Item # 17.