Agenda packet — Milpitas City Council, January 23, 2024 (part 5 of 5)

Topic Current Status Implement or Enhance
Crosswalk Safety
Crossing guard program
overseen by PD. Additional
crossing guard warrants
completed in 2022 in
partnership with City
Engineering staff.

Increase enforcement of safe driving
and active transportation behaviors
near busy crosswalk locations;
Update pedestrian crossing design
standards in accordance with latest
best practices Seek grant funding for
additional enforcement near high
pedestrian activity locations

Page 557 of 636 ends

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS ADOPTING AND APPROVING THE CITYWIDE TRAVEL SAFETY PLAN, PROJECT NO. 4293 WHEREAS, the Citywide Traffic Safety Assessment, Project No. 4293, is included in the approved 2023-2027 Capital Improvement Program. This project provides a five-year analysis of crash data and trends within the City and recommends countermeasures and traffic safety improvements within a Citywide Travel Safety Plan; and
WHEREAS, the Travel Safety Plan summarizes the existing safety context within the City based on crash records obtained from the California Highway Patrol’s Statewide Integrated Traffic Records System database. This data has been used to identify citywide safety trends, high-crash locations, and locations with unusual crash patterns or high-crash severities spanning a five-year period from January 1, 2017 through December 31, 2021; and
WHEREAS, staff has conducted multiple public outreach meetings and surveys including an interactive online map to capture the community’s interests, comments, and concerns. These outreach efforts were carried out to encourage and maximize public participation; and WHEREAS, staff has shared the Travel Safety Plan with internal stakeholders, and incorporated feedback from the City’s Police, Public Works, and Planning Departments. Staff has incorporated Transportation Subcommittee recommendations from past meetings into the Travel Safety Plan document, and it is ready for adoption by the City Council. The document includes an assessment of existing conditions, countermeasure toolbox, short-term, mid-term, and long-term improvement recommendations, and implementation and funding strategies; and WHEREAS, as part of the implementation plan, staff will continue to monitor and record traffic incidents on local roadways, maintain a list of transportation safety focus areas based on historical crash data, and consider updating the Travel Safety Plan after no more than five to seven years; and NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:

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

2. The City Council hereby approves the Citywide Travel Safety Plan, Project No. 4293

3. The City Council hereby adopts a resolution to adopt the Citywide Travel Safety Plan, Project No. 4293
PASSED AND ADOPTED this 23rd day of January 2024 by the following vote:

AYES:

NOES:

ABSENT:

Page 558 of 636 ends

2 Resolution No. ____
ABSTAIN:

ATTEST: APPROVED:

Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:

Michael Mutalipassi, City Attorney

Page 559 of 636 ends

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 District 1 Lot 2 (Graham) Project Located at 1415 McCandless Drive and Grant Authorization to the City Engineer to Release the Remaining Portion of the Lot 2 Performance Bond after the One-Year Warranty Period (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012; and Roberto Alonzo, PW Division Manager - Engineering, 408-586-3316)
Category: Consent Calendar-Community Development
Meeting Date: 1/23/2024
Recommendation: Adopt a resolution granting acceptance of the completed public improvements for the District 1 Lot 2 (Graham) Project as shown on Public Improvement Plans No. 2-1217; approve a reduction in the faithful performance bond of $24,950.00 which is 10% of the security’s original value for the Lot 2 public improvements construction cost; The remaining amount of the Lot 2 performance bond cost 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 January 16, 2018, the City Council approved the Final Map for Tract No. 10477 and the Subdivision Improvement Agreement for the District 1 Lot 2 (Graham) Project (Project) on a 2.55-acre site located at 1415 McCandless Drive. New public improvements constructed by the Project include; curb, gutters; sidewalk; utilities; landscaping; and other miscellaneous items of work.

ANALYSIS:

The Developer for Lot 2, Milpitas-District 2 Associates, LLC, has successfully completed all required public improvements for the Lot 2 portion of 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, and to approve a reduction of the performance bond of $24,950.00, which is 10% of the original value for the Lot 2 public improvements construction cost, and grant authorization to the City Engineer to release the performance bond portion for Lot 2 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

Page 560 of 636 ends

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 Subdivision Improvement Agreement.

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 Subdivision 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):

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. Further, at the time the City Council approved the entitlements for the project thru an initial environmental assessment, staff determined that an Addendum to the Transit Area Specific Plan (SCH# 2006032091) pursuant to Section 15164 of the CEQA Guidelines was the appropriate CEQA document given the changes to the General Plan, Specific Plan and Zoning Code. The Addendum demonstrated that there were no substantial changes in the environment because the project would reduce the overall development intensity. On October 28, 2015, the Planning Commission recommended to City Council to approve the Addendum to the EIR prepared for the TASP. On November 17. 2015, the City Council adopted a Resolution Adopting the Addendum to the previously certified Transit Area Specific Plan Environmental Impact Report prepared for the project.

RECOMMENDATION:

Adopt a resolution granting acceptance of the completed public improvements for the District 1 Lot 2 (Graham) Project as shown on Public Improvement Plans No. 2-1217; approve a reduction in the faithful performance bond of $24,950.00 which is 10% of the security’s original value for the Lot 2 public improvements construction cost; The remaining amount of the Lot 2 performance bond cost 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):

Resolution

Page 561 of 636 ends

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS APPROVING ACCEPTANCE AND REDUCING PERFORMANCE BOND OF THE DISTRICT 1 – LOT 2 (GRAHAM) PROJECT AND GRANTING AUTHORIZATION TO THE CITY ENGINEER TO RELEASE THE REMAINING PORTION OF THE LOT 2

PERFORMANCE BOND AFTER THE ONE-YEAR WARRANTY PERIOD
WHEREAS, the City Council of the City of Milpitas on January 16, 2018 approved the plans and specifications for the District 1 – Lot 2 (Graham) Project, (the “Project”) to be completed by Milpitas-District 2 Associates, LLC as part of its residential development on 1415 McCandless Drive; and WHEREAS, the City of Milpitas has heretofore entered into an improvement agreement on January 16, 2018 with Milpitas-District 2 Associates, LLC, for the District 1 – Lot 2 (Graham) Project; and WHEREAS, Milpitas-District 2 Associates, LLC, as Principal, and International Fidelity Insurance Company, as Surety, executed and posted a certain Performance Bond Number 0692066 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 District 1 – Lot 2 (Graham) Project 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 Residential Project and recommends that the City Council of the City of Milpitas accept 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:

2. Those certain public improvements constructed as part of the District 1 – Lot 2 (Graham) Project, 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 by the sum of $24,950.00, 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 after the one-year warranty period without further City Council action provided all required warranty work is completed to the satisfaction of the City Engineer.

Page 562 of 636 ends

PASSED AND ADOPTED this _____ day of _________________, 2024, 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

Page 563 of 636 ends

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Approve Budget Appropriation of $250,000 from the Gas Tax Fund to Increase the City’s Local Project 10% Matching Contribution and Authorize the City Manager to Execute Future Amendment No. 3 to the Funding Agreement between the City and the Santa Clara Valley Transportation Authority (VTA) for the Calaveras Boulevard Near Term Improvement Project (CIP Project No. 4294 – SR 237 HOV Lane Improvements) (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012; and Roberto Alonzo, PW Division Manager, 408-586- 3316)
Category: Consent Calendar-Community Development
Meeting Date: 1/23/2024
Recommendation: Approve budget appropriation of $250,000.00 from the Gas Tax Fund to increase the City’s local project 10% matching contribution to $550,000.00 and Authorize the City Manager to Execute Future Amendment No. 3 to the Funding Agreement between the City and the Santa Clara Valley Transportation Authority (VTA) for the Calaveras Boulevard Near Term Improvement Project (CIP Project No. 4294 – SR 237 HOV Lane Improvements).

BACKGROUND:

On December 5, 2017, the City Council adopted Resolution No. 8729 declaring State Route 237/Calaveras Boulevard (SR237) improvements as the highest priority transportation projects for the City of Milpitas, and selected three preferred projects for the improvement of SR237. The following are the three preferred SR237 corridor projects (“Project”):

1. Construct HOV (carpool) only lane on westbound Calaveras Boulevard between I-880 southbound off-ramp and SR237 freeway on ramp.

2. Construct HOV (carpool) only lane on westbound Calaveras Boulevard across McCarthy Boulevard freeway overpass.

3. Complete a SR237 corridor study and identify other transit, pedestrian, bicycle, and roadway infrastructure and operational improvements within the City of Milpitas between I-880 and I-680.

The initial total project cost was estimated at $2,000,000. On November 5, 2019, the City and VTA entered in a funding agreement (Attachment 1) to complete the Project, where VTA administers the design, environmental clearance, permitting, and construction of the Project with $1,800,000 of 2016 Measure B Highway Program grant funding. Under the terms of the Agreement, the City contributes $200,000 in funding to the Project, which is the Measure B required 10% local match.

In January 2022, During the Project design phase, VTA discovered that additional evaluation and engineering design services were required to address unanticipated non-standard roadway features which include an existing narrow shoulder width and inadequate metering signals. This resulted in increasing Project design and anticipated construction cost by approximately $1,000,000 bringing the total estimated Project cost to $3,000,000.

On December 2, 2021, the VTA Board of Directors approved a budget appropriation of $900,000 from the 2016 Measure B funding into the Project. In addition, the City of Milpitas requirement to contribute a local project match increased by $100,000.

Page 564 of 636 ends

Staff recommended the City Council approve and authorize the City Manager to execute Amendment No. 1 to Funding Agreement with VTA (Attachment 2) to increase the City’s local project match by $100,000, and the total City funding match not to exceed $300,000. Funding for the additional City project local match funding will come from Project No. 4294, SR237 HOV Lane Improvements.

On December 15, 2023 the City and VTA executed Amendment No. 2 to the Funding Agreement (Attachment 3) to extend the term from December 31, 2023 to December 31, 2024. VTA is working on Amendment No. 3 to formalize the additional fund request of $250,000 to increase the City’s matching contribution to a total of $550,000. The agreement will be available to the City in February 2024. The Project is currently under the design phase, and construction is anticipated to begin in 2025.

ANALYSIS:

As construction costs have increased in the current economy, the estimated construction cost of the project has increased by an additional $2,500,000 for a total of now $5,500,000. VTA has requested additional funds from Measure B to cover this increase which in turn increased the City’s 10% matching contribution obligation by an additional $250,000. This additional contribution brings up the total City contribution to $550,000. VTA expects to receive bids for the project in March 2024. Once bids are received the final matching contribution from Milpitas will be determined, which may be less than $250,000. If this is the case, the savings would remain with the City. Additionally, if the received bids are higher than estimated, the City and VTA would negotiate a potential additional City contribution that would be brought to the City Council for approval.

POLICY ALTERNATIVE(S):

Alternative 1:

Deny approval of budget appropriation for the City’s local project 10% matching contribution.

Pros: None
Cons: Not approving the budget appropriation would cause the City to be noncompliant with the Funding Agreement whereby the City agreed to provide a 10% matching contribution Reason for Not Recommending: Completion of SR237 corridor projects will provide traffic congestion relief to residents and businesses in Milpitas.

FISCAL IMPACT:

Appropriate $250,000 to CIP Project No. 4294 SR237 HOV Lane Improvements. Funding source comes from the Gas Tax Fund. Currently, there are insufficient funds in Project No.4294 – SR237 HOV Lane Improvements for the $250,000 increase in the 10% matching contribution. In order to provide sufficient funding, approval of a Budget Appropriation (Attachment No. 4) of $250,000 from the Gas Tax Fund is required.

California Environmental Quality Act (CEQA):

As part of the design of the Project, environmental review is being conducted and VTA shall complete environment clearance for projects per the proposed funding agreement.

RECOMMENDATION:

Approve budget appropriation of $250,000 from the Gas Tax Fund to increase the City’s local project 10% matching contribution and Authorize the City Manager to Execute Future Amendment No. 3 to the Funding Agreement between the City and the Santa Clara Valley Transportation Authority (VTA) for the Calaveras Boulevard Near Term Improvement Project (CIP Project No. 4294 – SR 237 HOV Lane Improvements).

Page 565 of 636 ends

Attachment(s):

a. Funding Agreement SR 237 Near Term improvement Project b. Amendment No. 1 to Funding Agreement – Increase in City’s matching contribution c. Amendment No. 2 to Funding Agreement – Time Extension d. Budget Change Form

Page 566 of 636 ends

FUNDING AGREEMENT

BETWEEN THE CITY OF MILPITAS AND

SANTA CLARA VALLEY TRANSPORTATION AUTHORITY
FOR THE STATE ROUTE 237 NEAR TERM IMPROVEMENTS PROJECT
THIS AGREEMENT ("Agreement") dated 11/<;Vefll\. ~#' S"-'"'- 2019, for purposes of reference, is made and entered into by and between the CITY OF MILPITAS, a municipal corporation of the State of California ("CITY"), and SANTA CLARA VALLEY TRANSPORTATION AUTHORITY, a public agency organized as a special district under California law ("VTA").

Hereinafter, CITY and VTA may be individually referred to as "Party" or collectively referred to as "Parties".

I. RECITALS
A. Whereas, on June 24, 2016, the VTA Board of Directors adopted a resolution to place a ballot measure before the voters of Santa Clara County in November 2016 to authorize a one-half of one percent retail transaction and use tax ("2016 MEASURE B") for 30 years for nine transportation-related program categories; and B. Whereas, on November 8, 2016, the voters of Santa Clara County enacted 2016 MEASURE B for 30 years to pay for the nine transportation-related program categories; and C. Whereas, on October 5, 2017, the VTA Board of Directors established the 2016 Measure B Program ("PROGRAM") and adopted the 2016 Measure B Program Category Guidelines; and
D. Whereas, the PROGRAM includes a "Highway Interchange" program category (HIGHWAY IC CATEGORY), which includes a list of eligible projects, that funds highway projects throughout the valley; and
E. Whereas, CITY and VTA each recognize the need to improve traffic operations and improve circulation in the City of Milpitas in the County of Santa Clara by adding a high occupancy vehicle (HOV) bypass lane at the westbound SR 237 /Calaveras Boulevard on ramp and by extending the westbound SR 237 /McCarthy Boulevard HOV bypass lane across the McCarthy Boulevard/Calaveras Boulevard intersection limit line, hereinafter referred to as "PROJECT;" and
F. Whereas, the PROJECT is eligible for HIGHWAY IC CATEGORY funds; and G. Whereas, the 2016 Measure B Program Category Guidelines for the HIGHWAY IC CATEGORY requires a minimum 10% non-2016 Measure B contribution for development of PROJECT.

Page 1 of 7 ends

Milpitas- VTA Calaveras Near Term lmpvts

Page 567 of 636 ends

H. Whereas, this Agreement is intended to delineate the duties, and funding responsibilities ofthe Parties for the PROJECT.

NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the Parties agree as follows:

II. AGREEMENT

1. The PROJECT. The Parties agree to construct the Project pursuant to the terms and conditions set forth herein.

2. Cost of PROJECT. The anticipated total cost of PROJECT is $2,000,000 (Two million dollars).

3. CITY's Financial Contribution for PROJECT. CITY agrees to contribute to the PROJECT an amount not to exceed TWO-HUNDRED THOUSAND ($200,000) dollars (hereinafter, "CITY's Contribution") towards the development of PROJECT.

Upon execution of the Agreement, VTA shall invoice CITY for the CITY's Contribution, and, upon receipt, will deposit the CITY's Contribution into an interest-bearing account. CITY shall pay to VTA the CITY's Contribution within thirty {30} calendar days after receipt of invoice.

CITY's Contribution and any interest earned will be considered toward the required minimum 10% non-2016 Measure B contribution for the listed cost of PROJECT as identified in the 2016 Measure B Program Category Guidelines for the HIGHWAY IC CATEGORY.

4. City's Role in PROJECT.

During the term of the PROJECT, CITY shall provide CITY staff oversight of, and participation in, the PROJECT, and necessary and appropriate coordination with all departments of the CITY. CITY will issue, if required, necessary encroachment permits for the PROJECT at no cost.

The CITY shall provide timely reviews, comments, and approvals of PROJECT's documents submitted by VTA to CITY. CITY will attend any Project Development Team meetings. CITY costs to administer and participate in PROJECT as described in this Agreement will not be allowable costs against CITY's Contribution.

5. VTA's Role in PROJECT.
a. Tasks. VTA shall perform and/or be responsible for the following tasks to complete the PROJECT:
i. Serve as project manager for PROJECT;
ii. Coordinate with the State of California as necessary to allow for its review and approval of PROJECT;

Page 2 of 7 ends

Milpitas- VfA Calaveras Near Term lmpvts

Page 568 of 636 ends

iii. Obtain all necessary permits and rights of way for PROJECT; and iv. Conduct preliminary engineering, and planning activities for PROJECT. v. Complete Environmental Clearance and Permit Engineering Evaluation Report (PEER)
vi. Complete Construction of the PROJECT
Costs and expenses to perform these tasks shall be considered allowable costs and expenses pursuant to this Agreement.
b. Consultants. VTA may retain design consultants to perform any ofthe functions listed in Section 4(a). VTA's administrative costs to procure and manage consultant agreements as well as the actual costs of such consultants shall be allowable costs pursuant to this Agreement.
c. Project Cost Updates. VTA shall actively monitor actual PROJECT expenditures to ensure that CITY's Contribution is used to pay for allowable PROJECT expenditures.

If an amount exceeding $2,000,000 is required to complete PROJECT, VTA shall notify CITY in writing that additional funds are needed pursuant to Section II Article 7. VTA shall not perform any work beyond the amount of funds provided in Section II, Articles 2 and 3 until an amendment to this AGREEMENT is executed, adding funds to cover PROJECT completion.
d. Other Project Management Duties VTA shall include CITY staff as an active participant within VTA's project management process, VTA will hold periodic meetings as agreed upon by the PROJECT team to assess the progress of PROJECT and address PROJECT issues as they arise.

6. Use of CITY's Contribution. VTA will use the CITY's Contribution and the interest earned thereon for allowable costs and expenses related to work on the PROJECT, as set forth in this Agreement. The use of the City's Contribution shall not exceed 10% of total allowable costs incurred to date. Any portion of the City Contribution not used shall be returned to the City upon termination of the PROJECT and/or this Agreement.

7. Additional Funds. The final PROJECT cost may ultimately exceed current cost estimates. Any additional eligible costs resulting from increased contract prices or change orders arising from unforeseen conditions shall be submitted to CITY for review and CITY's responsibility for such additional costs shall not exceed 10% of the total PROJECT cost.

8. Compliance with Governmental Requirements. VTA shall comply with all laws and regulations pertaining to the PROJECT.

Page 3 ends

Milpitas- VTA Calaveras Near Term lmpvts

Page 569 of 636 ends

9. Compliance with 2016 Measure B requirements. VTA and CITY will comply with all 2016 Measure B requirements as identified in the 2016 Measure B Program and Program Guidelines for the HIGHWAY IC CATEGORY.

10. Term of Agreement. This Agreement shall become effective upon full execution and shall remain in effect through the earlier of: (i) December 31, 2023, or (ii) completion of PROJECT.

If the PROJECT is delayed beyond December 31, 2023, or cancelled completely, either Party may terminate this Agreement which can be accomplished by either Party giving written notice to the other Party of such termination.

11. Audit and Record Retention. CITY may audit the expenses incurred in the performance of this Agreement. VTA shall retain all records related to the PROJECT for three (3) years after the completion of PROJECT. During this period, VTA shall make these records available to the City for inspection within a reasonable time, upon City's written request. VTA will repay any portion of the City Contribution used for unallowable expenses as determined by the audit.

12. Parties' Representatives. The General Manager of VTA, or the General Manager's designee, is hereby made the representative ofVTA for all purposes under this Agreement. The Director of the Public Works for CITY ("Director"L or the Director's designee, is hereby made the representative of CITY for all purposes under this Agreement.

13. Indemnification.
a. Neither VTA nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of CITY's negligence, recklessness, or willful misconduct under or in connection with any work, authority or jurisdiction associated with the PROJECT. In addition, CITY shall fully indemnify and hold VTA harmless from any liability imposed for injury (as defined by Government Code §810.8) occurring by reason of CITY's negligence, recklessness, or willful misconduct under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. This provision will survive the termination or expiration of this Agreement.
b. Neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason ofVTA's negligence, recklessness, or willful misconduct in the completion of any work associated with the PROJECT. In addition, VTA shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code §810.8) occurring by reason of VTA's negligence, recklessness, or willful misconduct in the completion of the work, undertaken by VTA pursuant to this Agreement. This provision will survive the termination or expiration of this Agreement.

14. No Waiver. The failure of either Party to insist upon the strict performance of any of the terms of this Agreement shall not be deemed a waiver of any right or remedy that either Party may have, and shall not be deemed a waiver of their right to require strict performance

Page 4 ends

Milpitas- VTA Calaveras Near Term lmpvts

Page 570 of 636 ends

of all of the terms thereafter.

15. Notice. Any notice required to be given by either Party, or which either Party may wish to give, shall be in writing and served either by personal delivery or sent by certified or registered mail, postage prepaid, addressed as follows:

To VTA:

To CITY:

Santa Clara Valley Transportation Authority
Casey Emoto, Interim Chief Planning and Engineering Officer 3331 North First Street, Bldg. B
San Jose, CA 95134-1906
[email protected]
City of Milpitas
Steve Erickson, City Engineer/Engineering Director
Department of Public Works
455 E. Calaveras Blvd.

Milpitas, CA 95035
[email protected]
Notice shall be deemed effective on the date personally delivered or, if mailed, three (3} days after deposit in the United States mail.

16. Dispute Resolution. If a question arises regarding interpretation of this Agreement or its performance, or the alleged failure of a Party to perform, the Party raising the question or making the allegation shall give written notice thereof to the other Party. The Parties shall promptly meet in an effort to resolve the issues raised. If the Parties fail to resolve the issues raised, alternative forms of dispute resolution, including mediati ,on or arbitration, may be pursued by mutual agreement. It is the intent of the Parties to the extent possible that litigation be avoided as a method of dispute resolution.

17. Entire Agreement. This Agreement constitutes the entire Agreement between the Parties pertaining to the subject matter contained therein and supersedes all prior or contemporaneous agreements, representations and understandings of the Parties relative thereto.

18. Amendments. No alteration or variation of the terms of this Agreement will be valid unless made in writing and signed by both of the Parties hereto, and no oral understanding or agreement not incorporated herein will be binding on any of the Parties hereto.

19. Warranty of Authority to Execute Agreement. Each Party to this Agreement represents and warrants that each person whose signature appears hereon has been duly authorized and has the full authority to execute this Agreement on behalf of the entity that is a Party to this Agreement.

Page 5 ends

Milpitas- VTA Calaveras Near Term lmpvts

Page 571 of 636 ends

20. Severability. If any term, covenant, condition or prov1s1on of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants, conditions and provisions of this Agreement, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby.

21. Governing Law. The laws of the State of California will govern this Agreement, as well as any dispute that might arise between VTA and CITY, without regard to conflict of law provisions.

Page 6 of 7 ends

Milpitas- VTA Calaveras Near Term lmpvts

Page 572 of 636 ends

WITNESS THE EXECUTION HEREOF the day and year first hereinabove set forth. "CITY"
City of Milpitas
a municipal corporation
Date T •r •
APPRO ED AS TO FORM:
~~~
c
City Attorney
Finance Director
Milpitas- VTA Calaveras Near Term lmpvts

Page 7 of 7 ends

"VTA"
Santa Clara Valley Transportation
Authority
a public agency
~-~_cf~
Nuria I. Fernandez
General Manager/CEO
/.1-1/ .:t/t ~
>
Date

Page 573 of 636 ends

1 $05120c6f859e$3B63FEBA0B934FDDB0E644971618565B.docx
AMENDMENT No. 1 TO

FUNDING AGREEMENT

BETWEEN THE CITY OF MILPITAS AND

SANTA CLARA VALLEY TRANSPORTATION AUTHORITY
FOR THE STATE ROUTE 237 NEAR-TERM IMPROVEMENTS PROJECT

This FUNDING AGREEMENT AMENDMENT No.1 (“First Amendment ”) dated ________________, 2021 for purposes of reference, is made and entered into by and between CITY OF MILPITAS, a municipal corporation of the State of California (“CITY”) and SANTA CLARA VALLEY TRANSPORTATION AUTHORITY, a public agency organized as a special district under California law (“VTA”). Hereinafter, CITY and VTA may be individually referred to as “PART Y” or collectively referred to as “Parties”.

I. RECITALS
A. On November 5, 2019, Parties entered into an agreement ( “FUNDING AGREEMENT”) setting forth their respective obligations in regard to the modifications to the State Route 237 Near-Term Improvements Project (“PROJECT”).

B. CITY contributed an amount of two hundred thousand ($200,000) dollars to the PROJECT under the terms of the FUNDING AGREEMENT for the Environmental clearance, plans specifications and estimates (PS&E) and to complete construction of the PROJECT.

C. The PROJECT Environmental clearance, PS&E are scheduled to be completed by March 2022.

D. The Parties recognize the need for continuation of project developments into the construction phase. The Project antic ipated encroachment permit process and a construction cost of one million ($1,000,000) dollars. During the design phase of the project, existing non-standard design features were identified that triggered a design engineering evaluation report thus increasing cost of the project.

E. The P arties wish to amend the FUNDING AGREEMENT to increase the CITY’ s contribution from two hundred thousand ($200,000) dollars to three hundred thousand ($300,000) dollars to continue project development into the Construction phase.

NOW, THEREFORE, the Parties agree to amend the FUNDING AGREEMENT as follows:

Page 574 of 636 ends

2 $05120c6f859e$3B63FEBA0B934FDDB0E644971618565B.docx
II. AMENDED AGREEMENT

1. SECTION II PARAGRAPH 3. CITY’s Financial Contribution for PROJECT is hereby amended to increase CITY ’s contribution by one hundred thousand ($100,000) dollars. The first sentence shall be restated as follows:

CITY agrees to contribute to the PR OJECT an amount not to exceed THREE HUNDRED THOUSAND ($300,000) dollars (hereinafter, “CITY’s Contribution”) towards the development of PROJECT.

2. SECTION II PARAGRAPH 15. Notice is hereby amended to update VTA’s address and shall be restated as follows:

Any notice required to be given by either Party, or which either party may wish to give, shall be in writing and served either by pe rsonal delivery or sent by certified or registered mail, postage prepaid, addressed as follows:

To VTA: Santa Clara Valley Transportation Authority
Director of Engineering & Program Delivery
3331 North First Street, Bldg. A
San Jose, CA 95134-1906
[email protected]

To CITY: City of Milpitas
Steve Erickson, City Engineer/Engineer Director
Department of Public Works
455 E. Calaveras Blvd.

Milpitas, CA 95035
[email protected]

Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit in the United States mail.”

3. Unless specifically defined herein, the capitalized term s used in this First Amendment have the meanings as defined in the FUNDING AGREEMENT.

4. Except as herein modified, all other provisions of the FUNDING AGREEMENT, including any exhibits and subsequent amendments thereto, remain in full force and effect. All references to the FUNDING AGREEMENT in this First Amendment refer to the FUNDING AGREEMENT as amended (including this Fi rst Amendment) unless otherwise specifically set forth or otherwise indicated by context.

5. In the event of any conflict between the provisions of this First Amendment and the provisions of the FUNDING AGREEMENT, the provisions of this First Amendment will prevail. Whether or not specifically amended by this First Amendment, all of the terms and provisions of the FUNDING AGREEMENT are hereby amended to the extent necessary to give effect to the purpose and intent of this First Amendment.

Page 575 of 636 ends

3 $05120c6f859e$3B63FEBA0B934FDDB0E644971618565B.docx

6. If any provision of the FUNDI NG AGREEMENT, as amended by this First Amendment, is held by a court of competent jurisdiction to be in valid, void or unenforceable, the remaining provisions will continue in full force without being impaired or invalidated in any way.

In witness whereof, VTA and CITY have executed this First Amendment as of the last date set forth below.

“CITY”
City of Milpitas
a municipal corporation

By:

Steve McHarris
City Manager

Date: ___________________________
“VTA”
Santa Clara Valley Transportation Authority
a public agency

By:

Carolyn M. Gonot
General Manager/CEO

Date: ___________________________

APPROVED AS TO FORM:

By:

Christopher Diaz
City Attorney

APPROVED:

By:

Lauren Lai
Director of Finance

APPROVED AS TO FORM:

By:

TBD
VTA Counsel

Judith Propp

Page 576 of 636 ends

1 NearTerm_Funding_Agreement_Amendment 12.4.23 (1) (002) AMENDMENT No. 2 TO

FUNDING AGREEMENT

BETWEEN THE CITY OF MILPITAS AND

SANTA CLARA VALLEY TRANSPORTATION AUTHORITY
FOR THE STATE ROUTE 237 NEAR-TERM IMPROVEMENTS PROJECT

This FUNDING AGREEMENT AMENDMENT No.2 (“Second Amendment ”) dated ________________, 2023 for purposes of reference, is made and entered into by and between CITY OF MILPITAS, a municipal co rporation of the State of California (“CITY”) and SANTA CLARA VALLEY TRANSPORTATION AUTHORITY, a public agency organized as a special district under California law (“VTA”). Hereinafter, CITY and VTA may be individually referred to as “PART” or collectively referred to as “Parties.”

B. On March 31, 2023, Parties amendment the agreement by increasing the City contribution by one hundred thousand ($100,000) toward the completion of PROJECT. The total contribution by the City is three hundred thousand ($300,000).

C. The PROJECT is scheduled to be completed by December 31, 2025.

D. The Parties wish to amend the FUNDIN G AGREEMENT to extend the term from December 31, 2023 to December 31, 2024.

NOW, THEREFORE, the Parties agree to amend the FUNDING AGREEMENT as follows:

II. AMENDED AGREEMENT

1. SECTION II PARAGRAPH 10. Term of Agreem ent is hereby amended to extend the agreement to December 31, 2024. The first sentence shall be restated as follows:

This Agreement shall become effective December 12, 2019 and shall remain through the earlier of (i) December 31, 2024 or (ii) completion of Project.

SECTION II PARAGRAPH 15. Notice is hereby amended to update VTA’s address

Page 577 of 636 ends

2 NearTerm_Funding_Agreement_Amendment 12.4.23 (1) (002) and shall be restated as follows:

Any notice required to be given by either Party, or which either party may wish to give, shall be in writing and served ei ther by personal delivery or sent by certified or registered mail, postage prepaid, addressed as follows:

To VTA: Santa Clara Valley Transportation Authority
Chief Engineering & Program Delivery Officer
3331 North First Street, Bldg. A
San Jose, CA 95134-1906

To CITY: City of Milpitas
Matt Cano, Deputy City Manager/
Acting City Engineer
455 E. Calaveras Blvd.

Milpitas, CA 95035
mcano@milpitasgov

Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit in the United States mail.”

1. Any exhibits or attachments referenced in and/or attached to this Second Amendment are incorporated into the Contract by this reference.

2. The capitalized terms used in this Second Amendment have the meanings as defined in the Contract unless specifically defined in this Second Amendment.

3. Except as modified by this Second Am endment, all provisions of the Contract, including any exhibits and subsequent amendments to them, remain in full force and effect. All references to the Contract in this Second Amendment refer to the Contract as amended unless otherwise specifically set forth or otherwise indicated by context.

4. In the event of any conflict between the provisions of this Second Amendment and the provisions of the Contract, the provisions of this Second Amendment will prevail.

Whether or not specifically amended by this Second Amendment, all of the terms and provisions of the Contract are deemed amended to the extent necessary to give effect to the purpose and intent of this Second Amendment.

5. If any provision of the Contract, as amen ded by this Second Amendment, is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will continue in full force without being impaired or invalidated in any way.

Page 578 of 636 ends

3 NearTerm_Funding_Agreement_Amendment 12.4.23 (1) (002)

6. This Second Amendment may be executed in one or more counterparts, each of which will be deemed an original but all of which will constitute one and the same instrument. For purposes of this Contract, an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a writing as set forth in Evidence Code Section 1550. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by each of the Parties.

The Parties have caused their undersigned, duly authorized signatories to sign this Second Amendment on the dates set forth below.

CITY OF MILPITAS

Approved By:

Ned Thomas, City Manager

Effective Date

Approved As
To Form:

Michael Mu talipassi, City Attorney

Approved As To Scope:

Lauren Lai, CPA, MPA
Finance Director / Risk Manager

Approved As To Content:

Matt Cano, Deputy City
Manager/Acting City Engineer

“VTA”
Santa Clara Valley Transportation Authority
a public agency

By:

Carolyn M. Gonot
General Manager/CEO

Date: ___________________________

Page 579 of 636 ends

4 NearTerm_Funding_Agreement_Amendment 12.4.23 (1) (002)

APPROVED AS TO FORM:

By:

Victor Pappalardo
Deputy General Counsel

Page 580 of 636 ends

City of Milpitas, California

BUDGET CHANGE FORM
From (Credit) To (Debit)
Type of Change
Account Amount Account Amount
Check one:
Budget
Appropriation
Budget Transfer
221-2902
311-951-4294-15-3832
$250,000
$250,000
221-3939
311-951-4294-7-4800
$250,000
$250,000
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:

On December 5th, 2017, the City Council adopted Resolution No. 8729 declaring State Route 237/Calaveras Boulevard (SR237) improvements as the highest priority transportation projects for the City of Milpitas, and selected three preferred projects for the improvement of SR237. The following are the three preferred SR237 corridor projects (“Project”):

1. Construct HOV (carpool) only lane on westbound Calaveras Boulevard between I-880 southbound off-ramp and SR237 freeway on ramp.

2. Construct HOV (carpool) only lane on westbound Calaveras Boulevard across McCarthy Boulevard freeway overpass.

3. Complete a SR237 corridor study and identify other transit, pedestrian, bicycle, and roadway infrastructure and operational improvements within the City of Milpitas between I-880 and I-680.

On December 2nd, 2021, the VTA Board of Directors approved a budget appropriation of $900,000 from the 2016 Measure B funding into the Project. In addition, the City of Milpitas requirement to contribute a local project match increased by $100,000.

Page 581 of 636 ends

will be available to the City in February 2024. The Project is currently under the design phase, and construction is anticipated to begin in 2025.

ANALYSIS:

As construction costs have increased in the current economy, the estimated construction cost of the project has increased by an additional $2.5 million for a total of now $5,500,000. VTA has requested additional funds from Measure B to cover this increase which in turn increased the City’s 10% matching contribution obligation by an additional $250,000. This additional contribution brings up the total City contribution to $550,000. VTA expects to receive bids for the project in March 2024. Once bids are received the final matching contribution from Milpitas will be determined, which may be less than $250,000. If this is the case, the savings would remain with the City. Additionally, if the received bids are higher than estimated, the City and VTA would negotiate a potential additional City contribution that would be brought to the City Council for approval.

POLICY ALTERNATIVE(S):

Alternative 1:

Deny approval of budget appropriation for the City’s local project 10% matching contribution.

FISCAL IMPACT:

Appropriate $250,000 to CIP Project No. 4294 SR237 HOV Lane Improvements. Funding source comes from the Gas Tax Fund. Currently, tThere are insufficient funds in Project No.4294 – SR237 HOV Lane Improvements for the $250,000 increase in the 10% matching contribution. In order to provide sufficient funding, approval of a Budget Appropriation (Attachment No. 4) of $250,000 from the Gas Tax Fund is required.

California Environmental Quality Act (CEQA):

As part of the design of the Project, environmental review is being conducted and VTA shall complete environment clearance for projects per the proposed funding agreement RECOMMENDATION:

Attachment(s):

1. Funding Agreement SR 237 Near Term improvement Project

2. Amendment No. 1 to Funding Agreement – Increase in City’s matching contribution

3. Amendment No. 2 to Funding Agreement – Time Extension

4. Budget Change Form
Check if City Council Approval required. Meeting: January 23, 2024 Requested by: Department Head: Matt Cano Date: January 23, 2024 Reviewed by: Finance Director: Lauren Lai Date: January 23, 2024 Approved by: City Manager: Ned Thomas Date: January 23, 2024

Page 582 of 636 ends

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

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

Page 583 of 636 ends

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Consider One Fee Waiver from Christian Worship Center Bay Area and one Donation Request from My Roots are Rich (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409) Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 1/23/2024
Recommendation: (1) Approve a Fee Waiver of $1,500 for the Christian Worship Center’s Annual Easter Egg Hunt Event scheduled for March 30, 2024.
(2) Approve a Donation request of $500 for My Roots are Rich for their Black History Month Flag Raising on Thursday, February 1, 2024.

BACKGROUND:

On January 9, 2024, staff received a Donation and Fee Waiver/Reduction Policy request from the Christian Worship Center Bay Area for their Annual Easter Egg Hunt event scheduled for March 30, 2024, at Gill Park.

The request is for a $1,500 fee waiver for the event space rental and special event permit costs.

On January 17, 2024, staff received a Donation and Fee Waiver/Reduction Policy request from My Roots are Rich for their Black History Month Flag Raising Ceremony at Cesar Chavez Plaza on February 1, 2024. The request is for a $500 donation for costs associated with securing singers, guest speakers, and refreshments.

ANALYSIS:

The Recreation and Community Services Department received two (2) Donation and Fee Waiver/Reduction Policy request applications.

Donation
My Roots are Rich submitted their required application and documentation for their Black History Month Flag Raising Ceremony:
- City Council Donation and Fee Waiver/Reduction Policy request - Non-profit status letter
Fee Waiver
The Christian Worship Center Bay Area submitted the required applications and documentation for the annual Easter Egg Hunt event which includes:
- Open Space Rental Application for Gill Park
- City Council Donation and Fee Waiver/Reduction Policy request - Non-profit status letter
Christian Worship Center Bay Area is requesting that City Council waive eligible fees for the Open Space Rental and Special Event Permit fees in the amount of $1,500. Fees ineligible for waiver include the rental application fee of $31, any associated staff fees day of event, and refundable security/damage deposit of $1,000. Refundable security/damage deposits are refunded within 30 days of the rental.

Milpitas City Council adopted an updated “City Council Donation and Fee Waiver/Reduction Policy” on June 21, 2022. Per the policy, eligible organizations can request City fees to be waived up to $1,500 or a donation amount up to $500 to be granted upon request. Eligible organizations are defined as “a non-profit organization as described by the Internal Revenue Section such as 501(c)(3) or an intergovernmental agency; Non- discriminatory, and non-political in nature.” Fee Waiver or Donation requests for events must provide a

Page 584 of 636 ends

community benefit within the City of Milpitas proper. Applying organizations must provide proof of non-profit status from the federal Internal Revenue Service or the state Franchise Tax Board.

My Roots are Rich is requesting that the City Council donate $500 to offset the costs associated with hosting the Flag Raising Ceremony.

Milpitas City Council adopted an updated “City Council Donation and Fee Waiver/Reduction Policy” on June 21, 2022. Per the policy, eligible organizations can request the City for a donation amount of up to $500 to be granted upon request. Eligible organizations are defined as “a non-profit organization as described by the Internal Revenue Section such as 501(c)(3) or an intergovernmental agency; Non-discriminatory, and non- political in nature.” Fee Waiver or Donation requests for events must provide a community benefit within the City of Milpitas proper. Applying organizations must provide proof of non-profit status from the federal Internal Revenue Service or the state Franchise Tax Board.

As required, the Christian Worship Center Bay Area and My Roots are Rich provided a copy of their respective determination letters from the Internal Revenue Service stating they are a tax-exempt organization. Both applicants meet the requirements as outlined in the Council-adopted Donation and Fee Waiver/Reduction Policy.

POLICY ALTERNATIVE(S):

Alternative: Do not approve the donation application as requested.

Pros: The City’s General Fund will not incur the costs of the fees waived.

Con: Denial of the request may not allow the non-profit organizations to hold their events.

Reason not recommended: This request is consistent with the Council-approved Policy.

FISCAL IMPACT:
$25,000 was approved and included in the FY 2023-24 City budget for the City Council’s Unallocated Community Promotions with a current balance of $20,855. If the City Council approves this request, then $18,855 would remain for the current year’s budget.

RECOMMENDATION:
1) Approve a Fee Waiver of $1,500 for the Christian Worship Center Bay Area’s Annual Easter Egg Hunt scheduled for March 20, 2024; and
2) Approve a Donation request of $500 for My Roots are Rich Black History Month Flag Raising Ceremony on Thursday, February 1, 2024.

Attachment(s):
a) Christian Worship Center Bay Area Application
b) Christian Worship Center Bay Area Internal Revenue Service (IRS) non-profit letter c) My Roots are Rich Application
d) My Roots are Rich Internal Revenue Service (IRS) non-profit letter e) City Council Donation and Fee Waiver/Reduction Policy

Page 585 of 636 ends

#19
Name of Organization Christian Worship Center Bay Area
Is there a Milpitas Branch or Affiliation? - Yes
Organization Address (as listed on your 501 (c) 3) 241 S Main St Milpitas, CA 95035
United States
Organization Web Site https://www.cwcbayarea.com/
Organization Contact Name Steven Hinojosa
Organization Contact Phone (408) 263-0406
Organization Contact Email [email protected]
Request Type - Fee Waiver (up to $1,500)
Requested Amount (request types cannot be
combined or exceed maximum listed amounts)
1500
Description of Use of Funds/Fees to be Waived Funds will be used to pay vendors, purchase easter eggs as well as cover any remaining fees we may acquire due to the size of the event.

Event Name Community Easter Egg Hunt
Event Date(s) Mar 30, 2024
Event Location (Facility Name and Address) Paseo Reugio, Milpitas, CA 95035 Is your Event Open to the Public Yes
What is the purpose of the Event?
The purpose of our Egg Hunt is to celebrate Easter, by giving families opportunities to get together out in the community.

How will the Milpitas Community Benefit from this Event? Our community Easter egg hunt creates an opportunity to bring the community together and give the families a way of spending a fun day at a local park!
What is you anticipated Event attendance? 500
What percentage of your event fundraising
proceeds will benefit the Milpitas Community?
None, this is not a fundraiser
How will the City's contribution (if approved) be recognized in event media and publicity? Social Media is the primary method of recognition.

Upload your Entity Status Letter (Entity Name
listed on this application must match the Entity
Status Letter Name)

Page 586 of 636 ends

501C3 copy.jpeg
Within 60 days after completion of the event for
which a donation was received or a fee waiver
was granted by the City of Milpitas, your
organization will provide a report to the Director
of Recreation and Community Services to include
at minimum: number of participants, copies of all
publicity of the event, any benefit to the
community, amount of funds raised and an
accounting of how the proceeds of the event will
be dispersed.

Failure to abide by the rules and procedures set
forth in the City Council Donation/Fee Waiver
Policy will result in the organization being denied
for funding and/or fee waiver in the future.

Draw your signature into the box below.

Page 587 of 636 ends

Page 588 of 636 ends

#20
Name of Organization My Roots Are Rich
Is there a Milpitas Branch or Affiliation? - Yes
Organization Address (as listed on your 501 (c) 3) 249 Pescadero Ct Milpitas, Ca 95035
United States
Organization Web Site http://www.myrootsarerich.org
Organization Contact Name Colette Choates
Organization Contact Phone (408) 806-9366
Organization Contact Email [email protected]
Request Type - Donation (up to $500)
Requested Amount (request types cannot be
combined or exceed maximum listed amounts)
500
Description of Use of Funds/Fees to be Waived Singers speakers food Event Name Black History Flag Raising Ceremony
Event Date(s) Feb 01, 2024
Event Location (Facility Name and Address) Milpitas Community Center Is your Event Open to the Public Yes
What is the purpose of the Event?
It will be a short one hour ceremony. We will recognize some of the founding black families of Milpitas. Hear some of the Milpitas black history and have light refreshments. This is our first year and our goal is to host this annually. Your support will ensure that dream of mine becomes reality
How will the Milpitas Community Benefit from this Event? The Community will come together to help support the start of black history month through the celebration of the flag raising, African Dancing, the black national anthem and gospel spirituals. This fellowship will uplift the black community and engage other cultures in our rich heritage.

What is you anticipated Event attendance? 100
What percentage of your event fundraising
proceeds will benefit the Milpitas Community?
None, this is not a fundraiser
How will the City's contribution (if approved) be recognized in event media and publicity? We will acknowledge that the city of Milpitas was a financial supporter of our event.

Upload your Entity Status Letter (Entity Name
listed on this application must match the Entity
Status Letter Name)

Page 589 of 636 ends

IMG_8414.jpeg
Within 60 days after completion of the event for
which a donation was received or a fee waiver
was granted by the City of Milpitas, your
organization will provide a report to the Director
of Recreation and Community Services to include
at minimum: number of participants, copies of all
publicity of the event, any benefit to the
community, amount of funds raised and an
accounting of how the proceeds of the event will
be dispersed.

Failure to abide by the rules and procedures set
forth in the City Council Donation/Fee Waiver
Policy will result in the organization being denied
for funding and/or fee waiver in the future.

Draw your signature into the box below.

Page 590 of 636 ends

Page 591 of 636 ends

CITY OF MILPITAS
Revision Date
Original 04/16/2013
6/21/2022

CITY COUNCIL POLICY

Page 1 of 2 ends

1. PURPOSE

1.1. The City recognizes the value of partnership with other agencies and organizations in providing services that benefit the community and its residents.

1.2. The City may provide a donation or grant a reduction and/or waiver of fees to intergovernmental agencies or non-profit organizations that provide Milpitas community benefit.

2. POLICY

2.1. The City shall have the sole authority and the City Council shall have the final authority to approve Donations and Fee Waiver/Reduction requests.

2.2. The City Council shall evaluate donation and fee waiver/reduction requests at a scheduled City Council meeting.

2.3. Any requests for donation or fee waiver/reduction must be submitted in writing using the provided application form by the Recreation and Community Services Department.

2.4. In order for an organization to be eligible for a donation or fee waiver / reduction, the following criteria have to be met:

2.4.1. The applying organization must be:

2.4.1.1 A non-profit organization as described by the Internal Revenue Section such as 501(c)(3) or an intergovernmental agency;

2.4.1.2 Non-discriminatory, and non-political in nature;

2.4.2. Events must provide a community benefit within the City of Milpitas proper.

2.5. If the event requested for fee waiver is a fundraiser, the organization must demonstrate that at least 60% of fund raised will be of general benefit to the Milpitas community.

2.6. If the request for donation or fee waiver/reduction is for a community event, the event must be advertised, open to the public and no entrance fee shall be charged for the event.

2.7. Fee waivers/reductions only apply to services provided by the City during its regular course of business. Such fees may include rental fees for the City’s facilities or equipment, building permit fees or fire permit fees. Any deposits and/or City staff overtime costs required due to the event cannot be waived.

2.8. The City Council may grant donation or fee waiver/reduction to each organization once annually, regardless of how many branches or affiliations it may have.

Policy No:

Click or tap here to enter
text.

DONATION AND FEE WAIVER/

REDUCTION POLICY
Effective Date:
6/21/2022
Revision No:
1 Policy Administrator:

Recreation and Community Services
Next Review Due:

As needed
Related Policies and
Procedures:

Click or tap here to enter
text.

Approved by:

Click or tap here to enter text.

Council meeting date, agenda item #, and
vote
Date Approved:
6/21/2022

Page 592 of 636 ends

CITY OF MILPITAS
Revision Date
Original 04/21/2006
6/21/2022

CITY COUNCIL DONATION AND FEE WAIVER/REDUCTION POLICY / POLICY #

Page 2 of 2 ends

2.9. The fee waiver/reduction amount is subject to $1,500 maximum per fiscal year and the donation amount is subject to $500 maximum annually for each organization. A fee waiver/reduction request cannot be combined with a donation request.

2.10. To the extent possible, the City’s contribution should be recognized in the event fliers and/or advertising with the following statement, “This event made possible, in part, by the City of Milpitas.”

2.11. Within 60 days after completion of the event in which a donation was received or a fee waiver/reduction was granted by the City, the organization will provide a written report to the Director of Recreation and Community Services to include at minimum: number of participants, copies of all publicity of the event, any benefit to the community, amount of funds raised and an accounting of how the proceeds of the event will be dispersed.

2.12. Failure to abide by the rules and procedures as set forth in this document will result in the organization being denied for funding and/or fee waiver/reduction in the future.

3. PROCEDURE

3.1. The Recreation and Community Services Department shall maintain an application for Donation and Fee Waiver/Reduction Requests.

3.2. Upon receipt of an application, the Recreation and Community Services Department shall determine eligibility for a Donation and/or Fee Waiver/Reduction consistent with this Policy and inform the applicant of its determination in writing.

3.3. If eligibility is determined, the Director of Recreation and Community Services shall bring requests for donation or fee waiver/reductions to Council for approval at any regular or special meeting.

3.4. If ineligibility is determined, the applicant can appeal the Director of Recreation and Community Services’ determination to the City Manager. A request for appeal must be made, in writing, and delivered to the City Manager’s Office within seven (7) days of the applicant’s receipt of the determination of ineligibility. The request for appeal must state, in writing, the basis for the appeal and must contain all written documentation supporting each basis for appeal. The City Manager shall issue a decision, in writing, without hearing based on the documents presented.

3.5. Donation and Fee Waiver Budget

3.5.1. With each budget cycle, the City Council will establish an annual budget amount for donations or fee waivers/ reductions for unspecified community events. Except for extraordinary circumstances, donations and or fee waivers/reductions will not be granted once the budgeted amount has been allocated.

Page 593 of 636 ends

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Authorize Additional Community Engagement Regarding a Potential November 2024 Ballot Measure (Staff Contact: Matt Cano, Assistant City Manager, 408-586- 3012)
Category: Leadership and Support Services
Meeting Date: 1/23/2024
Recommendation: Authorize staff to continue to perform a voter survey in Spring 2024 with a focus on potential re-authorization of Measure F, the quarter-cent local sales tax, as part of the November 2024 General Election ballot and return to City Council for a final decision by June 2024.

BACKGROUND:

On November 7, 2023 the City Council provided direction for staff to conduct an outreach survey for a potential General Obligation Bond Measure and additional questions surrounding other potential revenue opportunities.

Additionally, to achieve cost savings and avoid “survey fatigue” with our residents, this revenue measure survey was combined with the City’s annual Community Survey, which gathers feedback on resident satisfaction with City services and quality of life. The survey was completed in December 2023. The City’s survey consultant, Fairbank, Maslin, Maulin, Metz and Associates (FM3), will provide the Mayor and City Council with a presentation on the findings of this survey as part of this City Council agenda item.

ANALYSIS:

During December 2023, FM3 conducted a survey that focused on a potential General Obligation Bond to fund the replacement/renovation of the City’s aging Police/IT/Public Works Building and Fire Station No. 3. The dual-mode surveys were conducted via telephone and online with four languages offered for telephone interviews (English, Chinese, Spanish and Vietnamese)FM3 was able to intreview 605 potential voters. The following sections of this analysis summarize the results of the survey related to community satisfaction, a potential General Obligation Bond Measure, and the potential extension of Measure F, the quarter-cent sales tax measure.

Community Satisfaction and Quality of Life
The survey results indicated that 46% of voters feel that the City of Milptias is generally headed in the “right direction”, and four out of five respondents (78%) were satisfied overall with the quality of life in the City. The results also indicated that 55% of voters approve of the job currently being done by City Government. This is showing a downward trend from 2020 (68%) and 2019 (69%). The most significant concern of voters was the increase in cost of living, followed by homelessness and traffic.

Potential General Obligation Bond Measure
To fully fund a project the includes replacing the Police/IT/Public Works Building, replacing Fire Station No. 3 and invest approximately $5 million in minor park enhancements and/or a one-time upgrade of the street Pavement Condition Index (PCI), the City will need an estimated $208 to $220 million in long term funds. The State of California Constitution provides that cities may issue general obligation bonds for acquisition and improvement of real property if authorized by two-thirds of its voters. The November 2024 State ballot will include a measure, Assembly Constitutional Amendment (ACA) 1, Local Government Financing: Affordable Housing and Public Infrastructure, that could lower this threshold to 55% in future elections.

Since only 46% of respondents indicated that they would likely support a General Obligation Bond Measure for public safety infrastructure, it is highly uncertain as to whether this measure would meet the required 2/3 threshold in November 2024. The survey results do indicate that voters in Milpitas value public safety and

Page 594 of 636 ends

understand the City needs additional funding. However, less than a majority of voters are in favor of providing funding to replace the aging Police/IT/Public Works Building, Fire Station No. 3, and various improvements to public parks. Given the low level of support reflected in the survey, the City should defer a potential bond measure for these items until future years.

Potential Extension of Measure F
On August 4, 2020, the Mayor and City Council adopted a resolution calling for the placement of a General Tax Measure on the ballot for the November 3, 2020 General Municipal Election. This Measure, Measure F, was approved by the voters of Milpitas in November 2020 and it consists of an eight-year quarter-cent sales tax increment that generates approximately $7.0 million annually to fund essential City services. The Measure sunsets in 2029 and must be re-approved by a Citywide ballot measure for it to continue.

The language adopted by the voters was as follows:

City of Milpitas Public Services Measure. To provide funding to maintain the City’s finances and services, including: police and fire protection, 9-1-1 emergency response and natural disaster preparation; youth, senior, and recreation services; repairing park equipment and maintaining parks and recreation centers; and attracting and retaining local businesses; shall the measure, establishing a 1/4C sales tax, providing approximately $6,500,000 annually for 8 years, requiring independent audits, citizens’ oversight committee, all funds spent locally, be adopted? With the Measure F increase included, the current sales tax in Milpitas is 9.35%. Several neighboring cities in the South Bay and East Bay also have an overall sales tax percentage of 9.25% or higher. The Cities of San Jose and Campbell have a sales tax rate of 9.375% and every city in Alameda County has a sales tax between oof 10.25% and 10.75% with neighboring Fremont at 10.25%.

On June 6, 2023, the City Council adopted the 2023-2024 Budget and Financial Plan (Plan). The table below shows the Fiscal Year 2024-2034 Ten-Year General Fund Financial Forecast as presented with Plan adoption.

Over the ten years of the Forecast, based on information available in March 2023, staff projected annual surplus and deficits between $1.4 million and -$21.0 million. This is exacerbated with the sunsetting of Measure F effective April 1, 2029. To prevent service reductions, the City continues to focus on economic development, cost management and service delivery streamlining and innovations.

Forecast
FY 23-24
Adopted
FY 24-
25 FY 25-
26 FY 26-
27 FY 27-
28 FY 28-
29 FY 29-
30 FY 30-
31 FY 31-
32 FY 32-
33 Revenue & Other
Sources
$129.5 $132.6 $138.9 $143.4 $148.1 $151.2 $150.3 $155.4 $158.0 $164.0 Expenditures (129.5) (132.6) (137.5) (143.4) (149.3) (157.1) (163.6) (170.5) (176.4) (184.0) Annual
Surplus/(Deficit)
$0.0 $0.0 $1.4 $0.0 ($1.2) ($5.9) ($13.3) ($15.1) ($18.3) ($21.0) Considerations
The sales tax measure does not expire until 2029. Given this, the City could wait to bring the extension of Measure F to voters in a future year. However, there are several reasons why the City should strongly consider bringing this measure forward in 2024:
1)Presidential election year: Since 2024 is a Presidential election year, the City can expect a large turnout at the polls. This would place the decision to extend Measure F in the hands of the voters and ensure that the largest possible contingent of Milpitas voters will be able to decide on this Measure; 2)Other City measures: While the City can supplement needs for public safety and stormwater infrastructure with grants, it would be extremely rare for a grant to become available that would fully fund a facility such as a new Police Station. Therefore, at some point in the future, the City will need to ask the voters to provide additional funding for public safety, stormwater management or other infrastructure. When this occurs, it would be ideal for the City to have the sales tax extension already completed so the voters of Milpitas are not asked to weigh one measure against the other on the same ballot;

Page 595 of 636 ends

3)Other jurisdictions ( Bill Text - SB-335 Transactions and use taxes: County of Santa Clara. (ca.gov)):

Existing State law authorizes cities and counties to levy a transaction and use tax for general or specific purposes, in accordance with the procedures, limitations and requirements set forth in the Transactions and Use Tax Law. This includes a requirement that limits the combined rate of all taxes that may be imposed in accordance with that law in the county to no more than 2%. In October 2023, Governor Gavin Newsom signed Senate Bill 335 (Cortese) that authorizes the County of Santa Clara to request voter approval for an additional 0.625% sales tax, above any beyond this 2% cap. The County has until the end of 2028 to place this measure on the ballot. At this time, staff is not certain when the County will consider this potential measure, but staff has heard from the County that they are not likely to proceed with a ballot measure in 2024. If the City waits to place the extension of Measure F on the ballot following the County, residents may be more hesitant to approve the extension if the County has already increased sales tax by up to an additional 0.625%.

Next Steps
If the City Council supports the staff recommendation, staff will perform an additional community outreach survey focused on the potential extension of Measure F in the Spring and return to the City Council in May 2024. At that time City Council will have the opportunity to review the survey results and facilitate a discussion regarding formally placing the extension of Measure F on the November 2024 General Election ballot.

Specific ballot measure language would then be brought forward for Council approval in June 2024. The final day to submit resolutions to the County of Santa Clara for inclusion on the November 2024 ballot is August 9, 2024. However, the City Council does not have a regularly scheduled meeting planned for the first week in August due to the annual conflict with National Night Out, so the target date for a final decision regarding whether or not to place a revenue measure on the November 2024 ballot would be June 2024.As part of the Spring 2024 community outreach survey, staff would work with the survey consultant to determine whether voters would be supportive of removing the sunset language from the measure. Additionally, staff will continue discussions with the Mayor and City Council regarding the most appropriate timing for future revenue measures for stormwater facilities, business tax modernization and a General Obligation bond measure.

Based on preliminary conversations with our consultant team, a stormwater revenue measure would likely be best suited to be held during a non-presidential election cycle year.

POLICY ALTERNATIVE(S):

As an alternative to this recommendation, the Mayor and City Council could decline to perform further community outreach to determine voter preferences for a potential revenue related ballot measure in 2024 and wait until a future year.

FISCAL IMPACT
The estimated fiscal impact of this recommendation is approximately $40,000 for the next tracking survey of the community which would occur in Spring 2024. If the Mayor and City Council approve the placement of Measure F on the ballot at the June meeting, it is anticipated that an additional $70,000 to $80,000 would be required at that time for community education and outreach surrounding the Measure.

CALIFORNIA ENVIRONMENTAL QUALITY (CEQA):

The action is a fiscal activity of the City government or an action to create a City government funding mechanism that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment and is not a project pursuant to Cal. Code of Regs., tit. 14, § 15378.

RECOMMENDATION:

Authorize staff to continue to perform a community survey in Spring 2024 for a potential re-authorization of Measure F, the quarter-cent sales tax, as part of the November 2024 General Election ballot and return to City Council for a final decision by June 2024.

Attachment(s):

None

Page 596 of 636 ends

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Approve Changes to the City Council Procedures and Protocols Handbook (Staff Contact: Matt Cano, Assistant City Manager, 408-586-3012; Michael Mutalipassi, City Attorney, 408-586-3041)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 1/23/2024
Recommendation: Approve changes to the City Council Procedures and Protocols Handbook.

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.

Changes to the Handbook were approved by the City Council at meetings on February 7, February 21, and June 20, 2023, with direction to return to City Council with a more substantive discussion in Fall 2023.

At a Special Meeting conducted on August 29, 2023, the City Council reviewed the Handbook and provided input on recommended additions and updates as discussed further in the analysis section of this report.

Analysis:

Recommended changes for a majority of the items discussed on August 29, 2023 are included as part of this agenda report. Four items (city council salary, city council interns, censure policy and travel policy) require further staff analysis so will be brought forward for City Council consideration later in 2024. For each of the below items, there is a “primary recommendation” included. A red-lined draft of these primary recommended changes to the Handbook is attached. The proposed edits are shown in red. A summary of City Council feedback from the August 29, 2023 meeting along with recommended edits, if any, to the handbook are summarized below.

The following items are included as recommended changes in this agenda report:

1. Chapter II: Duties of the City Council - Duties of the Vice Mayor Currently, the Handbook (Chapter 2, Section C) indicates that “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.”
August 29, 2023 City Council Discussion Summary:

Mayor Montano proposed that a change to the Handbook be made to clarify that the Mayor has the discretion of choosing the Vice Mayor every year.

Vice Mayor Chua indicated that even if the Mayor is able to recommend the appointment, that the appointment or removal of the Vice Mayor would still be need to be approved by the entire City Council.

Page 597 of 636 ends

Mayor Montano amended her proposal to indicate that the Mayor should have the option every year to either recommend the same person or a new person with the approval of a majority of the City Council.

Councilmember Phan indicated that the Vice Mayor position should be decided by the Mayor and City Council and a commitment should be made to this appointment for a full two year term.

The City Council did not hold a vote for consensus on this item.

Primary recommendation:

Currently, the handbook recommends a two-year term for the Vice Mayor, since the Mayor and returning or incoming Councilmembers commence their terms every two years, though this recommendation can and has been amended by motion of the Council. As there did not appear to be full consensus on the term limit item, staff is not recommending to make any changes to the current language.

Potential alternative recommendation(s):

Following are potential alternative recommendations for City Council’s consideration:
1) Clarify in the language that the term limit recommended in the initial nomination should be for one year;
2) Add language to be more explicit that the term limit recommended in the initial nomination should be for two years.

2. Chapter II: Duties of the City Council – Photographs of Past Councilmembers Currently, there are photographs of most former Mayors and City Councilmembers on the wall in the City Council Chambers. However, there is no city policy, nor mention in the Handbook, of the process for placing these photographs. Additionally, some former City Councilmember photographs are missing from the wall.

August 29, 2023 City Council Discussion Summary:

Mayor Montano indicated that there are inconsistencies in regards to which former City Councilmembers currently have their photos posted on the wall in the City Council Chambers. Mayor Montano also indicated that there should be a defined period of time after service as to when photos are placed in Chambers.

Councilmember Lien indicated that all prior Councilmember’s photos should be placed on the wall regardless of how long they served.

Vice Mayor Chua indicated that staff should make a recommendation regarding the length of time after service after which the photograph should be placed on the wall.

Mayor Montano asked staff to return to Council with the recommended time frame after service upon which photos would be placed and indicated that she recommends seven years.

The City Council did not hold a vote for consensus on this item.

Primary Recommendation:

Although there was no consensus voted on regarding this item, the only time limit suggestion that was made at the City Council meeting was a seven (7) year waiting period prior to a photograph being placed on the wall in City Council Chambers, thus the recommendation is for a seven-year waiting period.

Chapter 2, Section H of the Handbook has been added to detail the procedure that governs adding photos of past Councilmembers to the wall in the City Council Chamber.

Page 598 of 636 ends

Potential alternative recommendation(s):

Following are potential alternative recommendations for City Council’s consideration:
1)Three year waiting period: Municipal Code Title 1, Chapter 400, Section 1 indicates the following “Once a person reaches the combined consecutive elective term limit provided in subsection (A), the former Councilmember or Mayor may not again be elected or appointed to serve on the City Council or as Mayor until the expiration of two years following the end of the officer's elective service”. To mitigate the possibility of having photos on the wall of former City Councilmembers who are waiting out the two-year term and planning on immediately running again, a three-year waiting period could be included in the Handbook.
2)No waiting period: As an alternative, the Handbook could indicate that no waiting period is required, and photos will be installed as soon as reasonably practicable after the Mayor or City Councilmember’s term ends.

3. Chapter III: Mayor and Councilmember Conduct
The Handbook (Chapter III, Section A) currently requires that the Mayor and Councilmembers “refrain from using electronic devices while on the Council dais.” August 29, 2023 City Council Discussion Summary:

Mayor Montano requested that language be added to the Handbook to ensure that cellphones and laptops should be put away and not used during closed session for security purposes.

Councilmember Barbadillo indicated that there are already laws governing this issue and putting additional rules in place may not be necessary. He indicated that the City Council may want to focus instead on continued education on the existing code of conduct.

Councilmember Phan indicated that he does not support adding language on electronic devices related to closed session meetings and he agrees with Councilmember Barbadillo.

Vice Mayor Chua indicated that having a policy on this would not deter someone who really wants to leak something and that she supports Councilmember Barbadillo and Phan’s positions on this item.

The City Council did not hold a vote for consensus on this item.

Primary recommendation:

Since three members of the City Council indicated potential opposition to this additional requirement, the primary recommendation is to not make any changes related to this item. Therefore, no edits are shown regarding this in the attached Handbook.

Potential alternative recommendation(s):

Following is a potential alternative recommendation for City Council’s consideration:

The Code of Conduct (Chapter III, Section A) in the Handbook could be edited to add the following sentence: “All electronic devices should either be turned off or stored away during Closed Session meetings.”

4. Chapter IV: Meetings

Page 599 of 636 ends

Currently the reference to the City Council meeting start time in Chapter IV, Section D1 of the handbook is duplicative of language in the Milpitas Municipal Code. Additionally, Section D4 regarding closed session meetings does not reference the Code of Conduct.

August 29, 2023 City Council Discussion Summary:

There was no discussion on this item.

Primary recommendation:
1) Chapter IV, Section D (1) of the attached Handbook is updated to remove reference to meeting start times to remove duplication between the Handbook and the Milpitas Municipal Code. 2) Chapter IV, Section D (4) of the attached Handbook is updated to reflect that the Code of Conduct applies to Closed Session.

Potential alternative recommendation(s):

There are no potential alternative recommendations.

5. Chapter IV, Section F(2): Dais Seating:

Chapter IV, Section F(2) of the Handbook specifies the seating arrangements on the City Council dais.

August 29, 2023 City Council Discussion Summary:

Vice Mayor Chua indicated that the City Council is not currently following the handbook and this needs to be made clearer so there is no ambiguity. The Vice Mayor indicated that the words “equivalent time of service” needs to be based on years of continuous service as an elected official.

Mayor Montano requested that the revised language clarify how previously served terms should be factored into the seating arrangement.

Councilmember Phan indicated that the standards that have been previously set should be followed.

Vice Mayor Chua indicated that Councilmembers should be given priority to choose their seat based on the seniority process.

Councilmember Lien indicated that the handbook should be followed regarding the seating arrangements.

The City Council did not hold a vote for consensus on this item.

Primary recommendation:

The primary recommendation is to leave the language regarding seating mostly “as-is”, with the exception that, after the Mayor and Vice Mayor are seated, the seniority process is utilized to allow the remaining councilmembers to choose their seats, as opposed to having the seniority process dictate exactly where each councilmember will sit. Additionally, a clarification has been added that prior years of service on City Council do not count unless those years have been continuous. These recommended changes are shown in Chapter IV, Section F2 of the attached Handbook.

Potential alternative recommendation(s):

As an alternative, the Mayor and City Council could make no changes to the current seating guidelines in the Handbook.

6. Chapter IV, Section G: Voting Order; Rules of Procedure; Roberts Rules of Order

Page 600 of 636 ends

Chapter IV, Section G of the Handbook outlines the procedural rules for voting at City Council meetings.

August 29, 2023 City Council Discussion Summary:

Councilmember Barbadillo asked why he always votes first. City Attorney Mutalipassi indicated that since the City Council handbook does not specify voting order, the City follows Robert’s Rules of Order which is alphabetical. If City Council has a different policy in the Handbook then a different process could be followed.

Vice Mayor Chua asked if there could be a rotating/random process for who votes first on each item.

City Attorney Mutalipassi indicated that Robert’s Rules of Order allows Councilmembers to pass on a vote.

Councilmember Barbadillo indicated that if changes to this process causes too much trouble then it is not a critical issue for him.

The City Council did not hold a vote for consensus on this item.

Primary recommendation:

The primary recommendation is to make no changes to this item. The City’s new agenda management software – Civic Clerk – allows for electronic voting. Once the City implements electronic voting then all votes will be simultaneous. Staff anticipates implementing electronic voting by Fall 2024 along with the roll out of the new audiovisual system in the City Council chambers.

Alternative recommendation:

Following are potential alternative recommendations for City Council’s consideration:
1) Voting could be called and recorded by the Clerk on a rotating basis until the electronic voting system is in place. Voting order could rotate per item or per City Council meeting. This would be challenging from a tracking standpoint. The Council would have to specify whether it wanted the presiding member to be a part of the rotation or to continue to vote last. 2) Voting could be called and recorded according to the seating order on the dais, starting with the member on the farthest seat and continuing to the presiding officer in the center.

7. Chapter VI, Sections A & B: City Council Actions – Proclamations and Commendations August 29, 2023 City Council Discussion Summary:

The Vice Mayor indicated that proclamations are the Mayor’s responsibility. Regarding commendations, the Vice Mayor asked for the handbook to address a potential scenario when the Mayor refuses to sign a commendation. Staff indicated that if this event occurs, a councilmember can request that the City Council adopt a resolution bringing the recommendation for a commendation to the City Council for consideration. The Vice Mayor asked that this language be brought back to council.

Councilmember Phan stressed that each councilmember should have the ability to provide commendations directly from the Councilmember and not have the Mayor’s signature on it.

The City Council did not hold a vote for consensus on this item.

Primary recommendation:

Currently, the language in Chapter VI, Section B, on commendations is vague. It indicates that “commendations are acknowledgements of the activities of a person or organization, issued by the Mayor or more Councilmembers without formal action being taken.” While this sentence could imply that commendations could be issued solely by “more councilmembers” and not the Mayor, California

Page 601 of 636 ends

Government Code 40602(c) requires that any document with the City seal on it requires the Mayor’s signature unless an ordinance is adopted by the City to allow other officials to sign the document Language has been added to the draft revised Handbook (attached) that indicates that all commendations will be signed by the Mayor and any additional city councilmembers who have proactively expressed an interest in signing. Additionally, language has been added to the draft revised Handbook that clarifies that if the Mayor refuses to sign a specific Proclamation or Commendation request from a City Councilmember then the City Councilmember may request that this decision go to the entire City Council for a vote.

Alternative recommendation:

An alternative recommendation would be to allow City Councilmembers to issue commendations without the Mayor’s signature. However, if this were to occur, these commendations would need to have the community mark as opposed to the City seal, or the City would need to adopt an ordinance authorizing additional officials to sign documents with the City seal

8. Keys to the City (not currently in Handbook)
Guidelines for issuance of a “key to the City of Milpitas” are not currently included in the City Council handbook. The last time a key to the City was issued was in November 2023 to the Sister City of Dagupan, Philippines.

August 29, 2023 City Council Discussion Summary:

Mayor Montano indicated that keys to the City should be for significant partnerships and contributions and requested that staff develop guidelines and parameters for issuance of keys to the City.

Vice Mayor Chua concurred that guidelines should be developed and there has to be a significant and measurable contribution to the community for keys to the city to be provided. Vice Mayor Chua also indicated that this could be similar to the City’s Facility Naming policy which requires City Council approval.

Councilmember Phan indicated that this could be controlled by requiring that the City Council approve distribution of keys to the City.

The City Council did not hold a vote for consensus on this item.

Primary recommendation:

The primary recommendation is to add a section providing guidance on issuance of keys to the City of Milpitas to the City Council Handbook in Chapter VI, along with the guidance on proclamations and commendations. The recommended language would read as follows: “Keys to the City of Milpitas are only to be issued upon majority approval by the Mayor and City Council. The only exception to this is that a key to the City may be provided to a City with which Milpitas has a formal Sister City relationship.

Any City Councilmember may request that consideration for issuance of a key to the City be added to a future City Council agenda. This request must be provided, in writing, to the City Manager at least one week prior to the City Council meeting. The request must define the significant and/or extraordinary achievement or contribution that the recipient (person, group or organization) has made to the City of Milpitas to justify the presentation of the key to the City. “ Alternative recommendation:

As an alternative, keys to the City could be issued by the Mayor without formal action by the City Council, similar to Proclamations.

9. Chapter V, Item B1 and B2 – Requests for Agenda Items

Page 602 of 636 ends

August 29, 2023 City Council Discussion Summary:

Vice Mayor Chua asked that the process (Chapter V, Items 1 & 2) for requesting to add items to the City Council agenda be written more clearly and brought back to the City Council for approval. Vice Mayor Chua clarified that this request should be for regular City Council meetings, Special City Council meetings and Closed Sessions.

Mayor Montano asked for clarification regarding who can call for special meetings.

Primary recommendation:

The language in Section V, Item B1 and B2 has been updated to clarify the responsibility of the City Manager (Council agendas) and City Attorney (closed session agendas).

Potential alternative recommendation(s):

There are no potential alternative recommendations.

Suggested changes for the following items will be brought forward in a future agenda report for edits to the Handbook or other appropriate policy document following completion of staff research and analysis:

1. Chapter II, Section D(11): City Council Salaries
August 29, 2023 City Council Discussion Summary:

Vice Mayor Chua asked for a clarification on what Senate Bill 329 allows for and that this is an important topic for future councilmembers. Vice Mayor Chua requested that staff bring options back for further discussion.

Councilmember Phan indicated that there are different ways to approach this topic such as receiving a recommendation from a City Council salary setting commission or becoming a charter city to broaden the City’s ability to be flexible in situations such as this.

City Council did not hold a vote for consensus on this item. At Council direction, staff has not brought the item back while the Charter City opportunity is being explored. The Council may direct staff to revisit the issue of Councilmember salaries at any time.

2. Chapter II, Section D(12) and Council Policy 3-11: Training and Travel Budget August 29, 2023 City Council Discussion Summary:

Councilmember Lien asked if there was a dollar limit, such as $300, where Councilmembers would not need to receive approval from the entire City Council for the expenditure. Councilmember Lien indicated that it is not often practical from a time perspective to bring small expenditures to the full city council, especially for events that they attend.

Mayor Montano asked that staff provide a clear list of items that can and cannot be paid for with these funds such as type of events, memberships and classes.

Vice Mayor Chua expressed that she had similar concerns as the Mayor and Councilmember Lien and also asked for clarity on expenditures related to publications/books, classes, fundraising events such as cancer society events. Additionally, the Vice Mayor requested that if some of these categories are currently not allowed, what options exist for the City Council to allow these additional expenditure categories.

Mayor Montano also requested that donations and sister city visits be reviewed as potential expenditure categories.

Page 603 of 636 ends

Councilmember Lien also requested that the seventy five mile hotel rules in the travel policy be reviewed, using the example of an early morning conference in San Francisco.

3. Resolution 8703: Censure Policy
August 29, 2023 City Council Discussion Summary:

Mayor Montano requested that staff return to the Mayor and City Council with a summary of the censure policies, including specific sanctions, from other cities including the Milpitas Unified School District. Councilmember Lien additionally requested that further information on other jurisdictions be brought back for discussion.

4. Council Policy 2-1: Interns
August 29, 2023 City Council Discussion Summary:

Mayor Montano indicated that restrictions regarding work experience and being in school are limiting.

Vice Mayor Chua indicated that individuals who have already graduated from school should not be restricted from internships. Councilmember Phan indicated that for individuals who were enrolled in school within a reasonable time frame this could work as the purpose of an internship is to provide skills and experience.

Policy Alternative:

Alternatives to each recommendation, where applicable, are discussed in the above analysis section.

Fiscal Impact:

There is no fiscal impact associated with this item.

California Environmental Quality Act:

The action is an organizational or administrative activity of the City government that will not result in direct or indirect physical changes in the environment and is not a project pursuant to Cal. Code of Regs., tit. 14, § 15378.

Recommendations
Approve changes to the City Council Procedures and Protocols Handbook.

Attachments:

Draft City Council Protocols and Procedures Handbook - redlined

Page 604 of 636 ends

City of Milpitas
City Council Procedures and Protocols
Handbook
2023
Revised June 20, 2023

Page 605 of 636 ends

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

Page 606 of 636 ends

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.

Adoption Date: January 11, 2022
Revision 1: February 21, 2023
Revision 2: June 20, 2023
Revisions 3: January 23, 2024 (pending approval)

Page 607 of 636 ends

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

Page 608 of 636 ends

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

Page 609 of 636 ends

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 expenses or provide direction to staff to

Page 610 of 636 ends

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. The 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

Page 611 of 636 ends

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.

H. Photographs of Past Councilmembers.

1. Past Mayor and Councilmember Photos will be displayed in the City Council Chamber.

3.2. Past Mayor and Councilmember photos will be displayed following a seven (7) year waiting period after concluding their service with the City of Milpitas.

Page 612 of 636 ends

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:

Page 613 of 636 ends

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. Do 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.

Page 614 of 636 ends

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.

C.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

Page 615 of 636 ends

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. Closed Session meetings will be conducted in accordance with Milpitas City Council Code of Conduct.

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.

Page 616 of 636 ends

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.

Page 617 of 636 ends

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 (to the Mayor’s right) and City Manager (the Mayor’s left) are always seated immediately next to the Mayor/presiding officer. The City Attorney and the City Clerk are then seated to the left of the City Manager, respectively. Councilmembers are then able to select their seating, to the right of the Vice Mayor,seated based on seniority on the City Council. The Councilmember with the most seniority is will choose firstseated 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 (if there is a break of time between years of service, the prior years do not count).

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. The City Manager will coordinate a new selection of seating arrangements prior to any City Council meeting where one or more new members are to be seated.

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.

Page 618 of 636 ends

13 (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.

4. Ensure 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. 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.

Page 619 of 636 ends

14 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.

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

Page 620 of 636 ends

15 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:
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. Wireless/Cellular telephones or any other telecommunications device should be in 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.

Page 621 of 636 ends

16 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

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. In 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

Page 622 of 636 ends

17 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 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

Page 623 of 636 ends

18 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 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.

Page 624 of 636 ends

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.

Page 625 of 636 ends

20 5.4. 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)

6.5. Reading of the City Council Code of Conduct

7.6. Approval of Agenda

8.7. 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.

9.8.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.

10.9. 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.

11.10. 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), Public Works, and Recreation and Community Services.

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

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

13. 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.

14. 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

Page 626 of 636 ends

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

14. 15. Adjournment
B. Agenda Item Submission

1. The City Manager has the primary responsibility for the development of the Council Agenda, excluding closed session items, 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.

The City Attorney has the primary responsibility for development of the Closed Session items, ensuring all protocols are followed and that the management of the closed session items is closely linked to the organizational goals. 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 or the City Attorney to add an item to the closed session. 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 or City Attorney 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

Page 627 of 636 ends

22 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) The 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.
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.

Page 628 of 636 ends

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. If the Mayor refuses to sign a particular proclamation, the requesting Councilmember may ask that this be considered by the Mayor and City Council at the following City Council meeting.

This request must be provided to the City Manager in writing.

B. Commendations.

Commendations are acknowledgments of the activities of a person or organization, signedissued by the Mayor and any additional councilmembers who have proactively expressed interest in signing 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. If the Mayor refuses to sign a particular commendation, the requesting Councilmember may ask that this be considered by the Mayor and City Council at the following City Council meeting. This request must be provided to the City Manager in writing.

C. Keys to the City.

Keys to the City of Milpitas are only to be issued upon majority approval by the Mayor and City Council. The only exception to this is that a key to the City may be provided to a City with which Milpitas has a formal Sister City relationship without City Council approval. Any City Councilmember may request that consideration for issuance of a key to the City be added to a future City Council agenda. This request must be provided, in writing to the City Manager. The request must define the significant and/or extraordinary achievement or contribution that the recipient (person, group or organization) has made to the City of Milpitas to justify the presentation of the key to the City C.D. 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

Page 629 of 636 ends

24 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.E. 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 separate documents to facilitate reference and research.

E.F. 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.

Page 630 of 636 ends

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

Page 631 of 636 ends

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.”

Page 632 of 636 ends

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.

Page 633 of 636 ends

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.

Page 634 of 636 ends

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. If 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

Page 635 of 636 ends

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

Page 636 of 636 ends

Milpitas City CouncilJanuary 23, 2024

Milpitas City Council
January 23, 2024