Attachment 3
List of Historical Completed, Postponed or Withdrawn Workplan Items 157
Staff explore eliminating or waiving the
fee for the gym at the Milpitas Senior
Center
Chua 10/18/2022 Completed
On April 18, 2023 the separate fee for the gym at the Milpitas Senior Center was removed as part of the City Council's adoption of the Fiscal Year 2023‐2024 Fees & Charges.
158 Look into bringing back a roller rink Montano 8/5/2021 Completed This will be part of the "retro milpitas" event in August 2023.
159 Look into opening up the Senior Center
on Saturdays for half a day Chua 8/5/2021 Completed
This was included as a proposal in the Adopted Fiscal Year 2023‐ 2024 Budget approved by the Mayor and City Council on June 6, 2023.
160
City Attorney or City Manager to draft a
written policy regarding foreign
language spoken at the dais
Chua 9/20/2022 Completed
On February 21, 2023, the City Council approved amendments to the City Council Procedures and Protocols Handbook to set forth the Council policy on language used at City Council meetings.
161 Establish State historical designation for
the Sunnyhills community Tran 6/7/2022 Completed
November 2023 update: Request is being included with the Historic Resources Master Plan project approved as part of the 2023‐2027 Capital Improvement Program so this item is being deemed as closed.
162 Staff to provide information on a
landmark policy for the City of Milpitas Tran 3/16/2021 Completed November 2023 update: Request is being included with the Historic Resources Master Plan project approved as part of the 2023‐2027 Capital Improvement Program so this item is being deemed as closed.
163
Explore the policy for locking
mechanisms on shopping carts for large
commercial businesses
Tran 4/19/2022 Completed
November 2023 update: Given the challenges and potential expenses of requiring existing owners to install locking mechanisms, staff is recommending closing this item and focusing efforts on (1) the City of Milpitas Cart Retrievel Program and (2) requiring new developments to install locking mechanisms.
164
Requested an appropriation in an
amount not to exceed $250,000 to
procure a contract to address the
streetlights that are pending fieldwork
Tran 2/1/2022 Completed
November 2023 update: This item is being recommened to be closed as, at this time, staff has sufficient Council approved resources to address the remaining streetlight outages; however, will bring relevant actions for Council consideration, if needed.
Group 4 – Historical workplan items that have been completed, deferred, or withdrawn
Attachment 3
List of Historical Completed, Postponed or Withdrawn Workplan Items 165 Review of commissioner's ability to
release funds (New Item) Chua 9/5/2023 Completed
On September 19, 2023, Agenda Item C17, the Mayor and City Council approved a change to the Workplan for the Arts
Commission. With this change, the authority to approve Milpitas Arts and Culture In‐Kind Grants is no longer delegated to the Arts Commission. The City Council will now be the final approval for this grant program.
166
Request for Crossing Guards at
McCandless and Montague Expressway
and review wages for Crossing Guards
Montano 4/5/2022 Completed
November 2023 update: This item is completed. In August 2023, the City of Milpitas transitioned management of the crossing guard program to ACMS. The intersection of
McCandless and Montague Expressway was included in the list of sites to be staffed as recommended by Council and the November 2022 Traffic Survey.
167 Info memo on lessons learned from
Maui Fire Chua 8/15/2023 Completed On September 5, 2023, the Fire Department issued an informational memorandum on this topic.
168 Add larger electronic outdoor sign at
Milpitas Library Montano 2/7/2023 Not prioritized postponed indefinitely at 6/20/2023 city council meeting as it was not prioritized
169
Amendment to the existing ordinance
for third‐party food delivery vendor
services to prohibit regulatory response
fees
Phan 2/16/2021 Deferred
November 2023 update: The City Attorney's Office has provided the City Counci with a confidential memorandum regarding potential legal issue and implementation of food delivery cap.
At the June 2023 City Council prioritization hearing, staff requested that further direction be provided to hire a consulant if this item is to continue to be evaluated. There was no specific direction provided to continue this work at the June 2023 City Council hearing.
Group 4 – Historical workplan items that have been completed, deferred, or withdrawn
Attachment 3
List of Historical Completed, Postponed or Withdrawn Workplan Items 170
Request for the City to make the
temporary third‐party food delivery fee
caps permanent and add additional
provisions for enforcement
Phan 11/16/2021 Deferred
November 2023 update: The City Attorney's Office has provided the City Counci with a confidential memorandum regarding potential legal issue and implementation of food delivery cap.
At the June 2023 City Council prioritizatoin hearing, staff requested that further direction be provided to hire a consulant if this item is to continue to be evaluated. There was no specific direction provided to continue this work at the June 2023 City Council hearing.
171
Identify a month and day to celebrate
an International Cultural Festival on
Main Street.
Lien 2/7/2023 Deferred postponed indefinitely at 6/20/2023 city council meeting as it was not prioritized
172 Navigation Center Montano 2/28/2023 Deferred postponed indefinitely at 6/20/2023 city council meeting as it was not prioritized
173 Appraise City owned parcels 2 & 3 on
Main Street Montano 4/18/2023 Deferred postponed indefinitely at 6/20/2023 city council meeting as it was not prioritized
174 Potential Safe Parking Site Montano 6/20/2023 Deferred Shifted to Group 4 (withdrawn) as this item was not prioritzed at the 11/14/2023 City Council meeting.
175 City Hall Entrance Public Art Montano 9/5/2023 Deferred Shifted to Group 4 (withdrawn) as this item was not prioritzed at the 11/14/2023 City Council meeting.
176 Parade on Main Street Montano 11/7/2023 Deferred Shifted to Group 4 (withdrawn) as this item was not prioritzed at the 11/14/2023 City Council meeting.
177 Affordable Housing Ordinance Change Montano 9/5/2023 Deferred Shifted to Group 4 (withdrawn) as this item was not prioritzed at the 11/14/2023 City Council meeting.
178 Evaluation of Milpitas Sports Center for
additional indoor pickleball location Chua 8/2/2023 Complete February 2024 Update: Staff has reviewed the identified location and determined that this specific room is not suitable for pickleball. Staff will close out this particular request, however staff will still track the priority for increased pickleball facilities in Milpitas in the "pickleball pilot program" line item on this spreadsheet.
Group 4 – Historical workplan items that have been completed, deferred, or withdrawn
Attachment 3
List of Historical Completed, Postponed or Withdrawn Workplan Items 179 Evaluation of Facilities that are not
named and CIP Program Update Phan 9/19/2023 Complete
February 2024 Update: Staff received clarification from Councilmember Phan at the January 23, 2024 City Council meeing to focus this request on the library and this item is being tracked on a separate line item. Additionally, a status of key CIP projects are included in the City Manager's bi‐weekly report.
This item will be closed out.
180 Retail Theft: Provide review of what is
being worked on locally versus State Barbadillo 10/3/2023 Complete February 2024 update: After consultation with the Police Department, CAO has determined that there is not a viable legislative solution for retail theft at the municipal level. PD, CAO, and CMO are working on a means of education for
retailers regarding retail theft. This effort is being tracked as part of the "Workshop for Retailers" item that is being tracked separately on this priority list so this specific line item will be closed out
181 Provide Information on City's Gray
Water Rebate Program and Options Montano 10/17/2023 Complete February 2024 Update: On November 7, 2023 a city council agenda report was approved with information and a contract amendment for the City's relationship with Valley Water regarding our water conservation partnership, including the gray water program. The City continues to partner with Valley Water on the grey water program rebate. Given this continued relationship, this item will be closed out. Further information can be found here: www.valleywater.org/saving‐water/rebates‐ surveys/graywater‐rebate
182 Police Substation Feasibility Analysis in
Metro Area Montano 2/28/2023 Complete
February 2024 update: An informational memorandum has
been distributed for this project in February 2024. This project will continue to be tracked as part of future public infrastructure needs in the Metro Area. Since this task (info memo) has been completed, this item will be closed out from this tracking list Group 4 – Historical workplan items that have been completed, deferred, or withdrawn
Attachment 3
List of Historical Completed, Postponed or Withdrawn Workplan Items 183 Create a plan for future solar paneling
at City facilities Montano 3/1/2022 Complete
February 2024 Update: As funding was not received in calendar year 2023 for a Federal earmark staff and staff is not working on any specific new projects, staff is recommending that this line item be closed out at this time. Staff will continue to pursue options to increase solar on facilities as noted in the November 2023 update.
184
Explore an ordinance or policy to
reduce thefts and increase security in
the commercial retail parking areas
Chua 4/5/2022 Complete
February 2024 Update: Preliminary Crime Statistics indicate a
24.4% reduction in property crime. The data suggests existing police department strategies are effective. Staff is recommeding that this item be closed out and that the efforts to work with our community on reducing theft in commercial and retail parking areas be tracked as part of the retail workshops that have been added to this priority list for tracking
185
Staff to create a plan on how to
increase the number of local businesses
doing business with the City
Chua 4/6/2021 Complete
February 2024 update: See update to prior item titled "City Manager to look into implementing a workshop for small
businesses on the bidding process for projects in the city." This item will be move to the "closed" list and tracked/combined with this item
186 Revisit solicitation ordinance Barbadillo 4/16/2024 Deferred Shifted to Group 4 (withdrawn) as this item was not prioritzed at the 6/11/2024 City Council meeting.
187 Strengthening of No Smoking ordinance Chua 5/7/2024 Deferred Shifted to Group 4 (withdrawn) as this item was not prioritzed at the 6/11/2024 City Council meeting.
188 Tobacco Ordinance Review Chua 5/7/2024 Deferred Shifted to Group 4 (withdrawn) as this item was not prioritzed at the 6/11/2024 City Council meeting.
189 Animal Cruelty Ordinance Chua 5/21/2024 Deferred Shifted to Group 4 (withdrawn) as this item was not prioritzed at the 6/11/2024 City Council meeting.
190
Arts month: wants to recommend that
we have an arts month exhibit for
commissioners to showcase art
Chua 3/5/2024 Deferred Shifted to Group 4 (withdrawn) as this item was not prioritzed at the 6/11/2024 City Council meeting.
191 Veteran Banner program Chua 3/19/2024 Deferred Shifted to Group 4 (withdrawn) as this item was not prioritzed at the 6/11/2024 City Council meeting.
Group 4 – Historical workplan items that have been completed, deferred, or withdrawn
Attachment 3
List of Historical Completed, Postponed or Withdrawn Workplan Items 192 Citywide Banner Program Chua 5/7/2024 Deferred Shifted to Group 4 (withdrawn) as this item was not prioritzed at the 6/11/2024 City Council meeting.
193 Review of a potential catalytic
converter ordinance Chua 2/20/2024 Deferred Shifted to Group 4 (withdrawn) as this item was not prioritzed at the 6/11/2024 City Council meeting.
194 Accessory Dwelling Unit Ordinance to
Allow Condominium Conversions Chua 3/5/2024 Deferred Shifted to Group 4 (withdrawn) as this item was not prioritzed at the 6/11/2024 City Council meeting.
195
Update the Commissioner Handbook to
include an option for outgoing
commissioners to make presentations
to other commissions
Chua 1/23/2024 Completed Revised Handbook adopted by City Council on March 19, 2024 196
Workshop for retailers focusing on best
practices and safety with plans for
quarterly sessions (completed)
Chua 1/23/2024 Completed
This item is completed. On March 22nd, the police department held a community forum at the Seasons Market Place (Seafood City) in cooperation with the Santa Clara County District Attorney's Office to discuss crime trends and organized retail theft. This event cost approximately $800 to host and consumed significant police department resources and staff time to complete. Future event of this magnatude would require
funding. Due to staffing constraints, it is recommended that future forums be reduced in size and provided at the request of the business community. When staffing within the police department improves, the police department will evaluate hosting additional events on a more regular basis.
Group 4 – Historical workplan items that have been completed, deferred, or withdrawn
Attachment 3
List of Historical Completed, Postponed or Withdrawn Workplan Items 197 Explore Ordinance for Residential
Home Solicitors (completed) Barbadillo 10/3/2023 Completed This item was brought forward to the City Council for
consideration on April 2, 2024. The City Council determined to not proceed with the ordinance, which completed this item.
This item was referred again by councilmember Barbadillo on April 16, 2024. This line item will be shown as completed, however the new referral that was made on April 16, 2024 will be tracked as a separate line item for potential prioritization. 198 Satellite Consulate Office (completed) Montano 2/28/2023 Completed Economic Development and Recreation and Community
Services staff coordinated a service on April 13, 2024 for a Consular Outreach Mission at the Community Center
Auditorium.
199
Discuss converting vacant lot that was a
basketball court into a community
garden at Vasona and Adobe
(completed).
Montano 8/16/2022 Completed
As funding for this analysis was not provided in the Fiscal Year 2024‐2025 CIP process, staff has deemed this item completed for the time being. It is possible that staff can review this location again in the future for potential improvements. 200 Recognize March as national
endometriosis month Phan 3/5/2024 Completed March was recognized as National Endometriosis month at the March 19, 2024 City Council meeting.
201 Letter to County regarding horseriding Chua 5/21/2024 Completed The letter sent to County on 6/7/2024. 202
Adopt a resolution supporting the Build
the Future Santa Clara County
(childcare) Campaign
Phan 8/5/2024 Completed A resolution was approved by the Mayor and City Council on August 20, 2024.
203 Solicitation Ordinance ‐ bring back prior
version to council Barbadillo 8/21/2024 Completed On September 3, 2024 the Mayor and City Council adopted an ordinance prepared by the City Attorney's Office.
Group 4 – Historical workplan items that have been completed, deferred, or withdrawn
Attachment 3
List of Historical Completed, Postponed or Withdrawn Workplan Items 204 Community Advisory Commission:
Change focus to housing Chua 4/2/2024 Completed
On August 13, 2024 the Mayor and City Council approved
changing the name of the Community Advisory Commission to the Community Housing Commission.
205 Explore possibility of naming the
County library on Main Street Phan 1/23/2024 Completed
On September 3, 2024, the Mayor and City Council adopted the name "Milpitas Jose Esteves Library". However, the funding and installation of the sign on the exterior of the buiding will be tracked as a separate item moving forward.
206
Staff to complete analysis if, working
with the County, it would be beneficial
to have a location where residents can
pickup Narcan (completed)
Chua 9/5/2023 Completed
Based on current opioid OD statistical trends for Milpitas, staff is confident that there are adequate opportunites for members of the community to access Naloxone. These access points include a mail‐in program for residents of Santa Clara County,
sponsered by the Santa Clara County Opioid Prevention Project (SCCOOPP). Additionally, the County Public Health website lists several locations throughout the County that readily provide Naloxone to anybody, no questions asked. Lastly, the Milpitas Fire and Police Departments have taken a proactive approach to preventing Opioid ODs through the active deployment of
Naloxone on all fire and police vehicles throughout the City.
Without doubt, these actions have saved lives throughout the community.
207 City Employment Job Fair at City Hall
(completed) Chua 5/2/2023 Complete
Human Resources conducted a recruitment tabling event at a Community Concert in Starlite park In June 2024. City Staff talked with attendees about job opportunities, signed people up for job alerts, and provided department information and give aways. The department will do more of these recruitment activities in the community (partnering with City departments) in the next year. An opportunity with the Library is already being planned.
Group 4 – Historical workplan items that have been completed, deferred, or withdrawn
Attachment 3
List of Historical Completed, Postponed or Withdrawn Workplan Items 208 Create a compassion fund for Milpitas
residents Montano 9/3/2024 Withdrawn
After further discussions with Mayor Montano prior to the 9/17/2024 City Council meeting, this item was dropped from consideration as the underlying reason it was being raised had been resolved.
209
Revise the rental assistance yearly cap
from $5,000 to approximately $3,500 to
$3,800 per family
Montano 9/3/2024 Deferred This item was not prioritized at the September 17, 2024 meeting so it has been moved to the "completed" list".
210 Impact fees for car transports Carmen
Montano 11/19/2025 Deferred was not prioritized, move to attachment 3 211 Review of traffic conditions at Edsel and
Roswell
Carmen
Montano 10/1/2024 Deferred was not prioritized, move to attachment 3 212 Pickleball Feasibility Study at Dixon
Landing Park
Carmen
Montano 10/15/2024 Deferred was not prioritized, move to attachment 3 213
Communicate Need for Weeds to be
Cleared on Montague Expressway to
County (prior name as: Send letter to
County Supervisor Otto Lee re: weeds
on Montague)
Carmen
Montano 8/13/2024 Complete
This is completed but will continue to be monitored. County staff was contacted and following this they clearned the weeds on Montague Expressway median islands within their
jurisdiction.
214 Recognize local 2024 Olympians with
ties to Milpitas
Carmen
Montano 8/5/2024 Complete This is completed. Recognition was provided at the October 15, 2024 City Council meeting.
215
Request that the Arts Commission
explore alternatives for future of statue
in front of City Hall
Anthony Phan 1/30/2024 Deferred
Per City Council policy, this item is being removed from consideration, unless it is sponsored by an existing
Councilmember.
216 Charter City Evaluation Anthony Phan 9/5/2023 Deferred Per City Council policy, this item is being removed from consideration, unless it is sponsored by an existing
Councilmember.
Group 4 – Historical workplan items that have been completed, deferred, or withdrawn
Attachment 3
List of Historical Completed, Postponed or Withdrawn Workplan Items 217
Look into defining either a
standalone teen center or updating
information to indicate the Senior
Center also functions as a Teen Center
Evelyn Chua 9/20/2022 Complete
Starting in June 2024, staff launched the Teen Center
Everywhere campaign, reviving sports drop‐in programs and hosting a series of teen meetups across Milpitas. Programs ran at full capacity, including trips, classes, and sports sessions. The summer MYF program had one of its strongest sessions. For the new school year, center events and workshops expanded to include high school club collaborations, a Halloween event, and college financial aid workshops
218
Have a picture of Albert Vogel Sr. put
up in the Senior Center & Include Maria
Lemery on the Mural in front of the
Senior Center
Carmen
Montano
10/19/2021 &
8/17/2021 Complete
Portraits of Albert Vogel Sr. and Maria Lemery were installed in late December 2024. Staff is discussing a small reception for the pieces.
219 Memorial Plaque in honor of youth
skateboarder that passed away
Carmen
Montano 6/7/2022 Complete The memorial plaque was installed and a unveiling ceremony was held on November 2, 2024.
220 Impact Fees for car transports Carmen
Montano 11/19/2024 Deferred Not prioritized.
221 Review of traffic conditions at Edsel and
Roswell
Carmen
Montano 10/1/2024 Deferred Not prioritized.
222 Pickleball Feasibility Study at Dixon
Landing Park
Carmen
Montano 10/15/2024 Deferred Not prioritized.
223 Review bingo ordinance with Council Gary Barbadillo 4/1/2025 Deferred Not prioritized. 224
Recreation & Community Services
Department to review of potentially
returning additional programs for Bingo
and Senior Trips
Evelyn Chua 11/7/2023 Completed
Trips returned to the Milpitas Senior Program lineup in December 2024. Staff will continue to incorporate trips as part of their regular work plan. Council approved the request for a bingo license for the Barbara Lee Senior Center on April 1, 2025. 225
Human Resources Department
presentation to Council on recruitment
and staffing
Hon Lien 10/1/2024 Completed
Staff brought forward an item to Council on February 18, 2025 to provide an update on and discussion about recruitment and hiring.
Group 4 – Historical workplan items that have been completed, deferred, or withdrawn
Attachment 3
List of Historical Completed, Postponed or Withdrawn Workplan Items 226
Hiring activities ‐ priorities to freeze or
prioritize vacant positions hiring as it
relates to the next FY operating budget
Gary Barbadillo 3/4/2025 Completed
Effective April 1, 2025, temporary hiring freeze through June 30, 2025, with exemptions on a case‐by‐case basis, as directed by the City Manager
227 Explore potential purchase of additional
property on Main Street
Carmen
Montano 8/13/2024 Completed
The City submitted an offer for the 174‐176 South Main Street property (0.23 acres), but the site was sold to an owner‐user; closing date was 3/10/25.
228 Main Street Flooding at Library Evelyn Chua 2/28/2023 Transportation & Transit
The City's consultant completed assessment of the flooding in Fall 2025 and provided a feasibility study of potential improvements to address the flooding issue that ranges
between $2.6M to $2.8M. Unfortunately, the City doesn’t have efficient funding to implement these improvements at the time, but staff will continue to explore opportunities for funding and partnership. Staff will continue to perform preventative maintenance prior to anticipated storm events to minimize the impact to the area which has been successful.
229 Careers with the City of Milpitas Open
House (aka Job Fair) Evelyn Chua 11/19/2024 Economic
Development
This scope was changed to small business workshop and
subsequently withdrawn on Nov. 4, 2025.
230 Feasibility Study for Night Market/Food
Trucks on Main Street
Carmen
Montano 5/7/2024 Economic
Development
This priority was incorporated into the Main Street
Revitalization priority.
231
Evaluate reopening the childcare center
with a non‐profit organization running
the center
Carmen
Montano 2/1/2022
Recreation &
Community
Services
Costs for conversion of Milpitas Community Center and Sal Cracolice Recreational Facility to support licensed childcare were presented during the FY 25‐26 budget process but not funded. Funding is not available for these conversions from a capital or operational standpoint.
Group 4 – Historical workplan items that have been completed, deferred, or withdrawn
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Consider Introduction of an Ordinance to Amend Council Vacancy Ordinance and Reduce Special Election Costs (Staff Contact: Matt Cano, Assistant City Manager, Department, 408-586-3012)
Category: Leadership and Support Services
Meeting Date: 4/7/2025
Recommendation: Consider introduction of ordinance of the City Council of the City of Milpitas amending Milpitas Municipal Code Title I, Chapter 3, relating to vacancies on the City Council.
BACKGROUND:
in 1976, following the submission of an advisory measure to the voters to canvass their input (Measure L), the Milpitas City Council enacted City Council Ordinance 194 (Milpitas Municipal Code (MCC) Section I-3-2.00,) which, pursuant to former California Government Code section 36512.2, states that the City Council will fill a vacancy in its membership by immediately calling a special election and that anyone appointed to fill that vacancy will only hold office until that election. This ordinance was established during a period when the timing and structure of county and state elections allowed for greater flexibility and cost-sharing in the administration of special elections. Over the past five decades, changes in state and county election calendars, as well as increases in the cost of administering elections, have prompted a re-examination of the City’s approach to filling Council vacancies.
Specifically, in the intervening fifty years since Measure L was submitted to the voters, the cost of special elections has risen astronomically; the City has been recently informed by the County of Santa Clara’s Registrar of Voters that calling a stand-alone special election may cost over three million dollars or roughly 2% of the City’s average annual general fund.
No amendments to MMC I-3-2.00 have been made since its original adoption. However, the legal framework at the State level has evolved, including the repeal and replacement of Government Code Section 36512.2 in 1992, which was the previous legal basis for the City’s ordinance. Current state law provides municipalities with several options for filling vacancies on the City Council, including appointment, special election, or a combination of both, subject to certain procedural requirements and timelines.
ANALYSIS:
The City Council’s consideration of amendments to Title I, Chapter 3 of the Milpitas Municipal Code (MMC) is driven by the need to align local procedures for filling Council vacancies with current legal requirements, fiscal realities, and community expectations.
California Government Code Section 36512 establishes the legal parameters for filling vacancies on city councils in general law cities. This statute provides municipalities with discretion to select among several methods for filling vacancies, including appointment, special election, or a combination thereof, subject to specific procedural timelines and requirements. Any amendment to the City’s ordinance must comply with these state law provisions to ensure legal validity and administrative feasibility.
The City’s current ordinance, adopted in 1976, reflects a historical context that has since changed significantly.
The evolution of county and state election calendars, as well as the substantial increase in the cost of administering special elections, has created a fiscal and operational environment that differs markedly from that of five decades ago. As a result, the continued requirement to fill all Council vacancies by special election may no longer represent the most efficient or sustainable approach for the City. As mentioned in the background section of this memorandum, the City has been informed by the County of Santa Clara’s Registrar
of Voters that calling a stand-alone special election may cost over three million dollars or roughly 2% of the City’s average annual general fund.
The California Government Code provides for the following options to fill vacancies on the City Council:
1) Hybrid Option: If a vacancy occurs in an elective office, the council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy
2) Special Election Option: Requires that a special election be called immediately to fill every city council vacancy and the office of mayor
3) Special Election Petition Option: Requires that a special election be held to fill a city council vacancy when petitions bearing a specified number of verified signatures are filed. 4) Appointment Only Option: Requires that the Council appoint someone to fill a vacancy, unless that appointment would mean that a majority of councilmembers are serving by appointment and not election.
5) Special Election and Temporary Appointment Option: Requires that the City immediately call a special election to fill a vacancy but allows a temporary appointee to hold the Council seat until the outcome of that election.
In evaluating potential amendments, staff reviewed the statutory options available under Government Code Section 36512 and assessed their respective implications for governance, fiscal stewardship, and public trust.
The review included a review of comparable jurisdictions, as well as consideration of the administrative processes required to implement each option. Staff also examined the potential impacts on Council operations, including the ability to maintain a quorum and ensure continuity of representation for the community. Based on the above, staff has provided a draft ordinance for the “hybrid” option above for City Council’s consideration.
This hybrid option allows the seated City Council at the time of the vacancy to weigh the pros and cons of an appointment versus a special election based on the best interests of the City at the time of the vacancy.
To inform this recommendation, staff reviewed the vacancy procedures used by other cities in Santa Clara County. The charter cities in the county – including San José (Charter §410), Santa Clara (Charter §703), Sunnyvale (Charter §706, as amended by Measure L in 2018), Mountain View (Charter §504), Palo Alto (Charter §602), and Gilroy (Charter §406) – each provide for appointment as the primary method of filling Council vacancies, with a special election serving as a fallback if the Council fails to act within a specified period or if the appointment would result in too many members serving by appointment rather than election.
Among the general law cities, Cupertino has enacted a local vacancy ordinance (Municipal Code §2.04.040) giving the Council 30 days to either appoint or call a special election, and Campbell's Municipal Code (§2.04.150) expressly references Government Code Section 36512 as providing the available options. Los Altos, Los Gatos, Saratoga, and Monte Sereno do not appear to have enacted specific vacancy ordinances, which means they operate under the state default rules, which allow the Council to appoint or call a special election within 60 days. Morgan Hill enacted a vacancy ordinance in 1997 under Government Code Section 36512(c)(3) requiring a temporary appointment followed by an immediate special election; however, that ordinance included a sunset clause and is no longer in effect.
Milpitas is the only city identified in this review that currently mandates a special election for every Council vacancy. The proposed ordinance would bring Milpitas into alignment with the approach used by neighboring jurisdictions by restoring the Council's discretion to weigh the circumstances – including the fiscal impact, the remaining length of the term, and the proximity of the next general election – before selecting the method best suited to the situation at hand.
POLICY ALTERNATIVE(S):
Alternative 1: Maintain the Existing Special Election Requirement Without Modification Pros:
• Preserves the original intent of the ordinance as established by prior Council action and community input.
• Ensures that all Council vacancies are filled through a direct electoral process, which may be perceived as the most democratic method.
Cons:
• Does not address the increased financial burden associated with standalone special elections in odd- numbered years.
• Fails to incorporate updates to state law and election procedures, potentially resulting in administrative inefficiencies.
Reason for Not Recommending:
This alternative does not respond to current fiscal realities or legal developments, and may expose the City to unnecessary costs and procedural complications.
Alternative 2: Adopt an Appointment-Only Process for Filling Vacancies
Pros:
• Eliminates the need for costly special elections, resulting in significant savings to the City’s general fund.
• Allows for rapid restoration of a full Council, minimizing the risk of prolonged vacancies and quorum issues.
Cons:
• May be perceived as reducing direct public input in the selection of Councilmembers.
Could lead to concerns about transparency or fairness in the appointment process.
Reason for Not Recommending:
• While fiscally advantageous, this approach may not align with community expectations for democratic representation and could diminish public trust in the Council’s decision-making process.
Alternative 3: Adopt an Election-Only Process for Filling Vacancies
Pros:
• Ensures that the residents of Milpitas are able to choose their specific representatives.
Cons:
• Could lead to significant expenses to the City’s Geneal Fund which may not be financially prudent depending on the fiscal situation at the time of the council vacancy. Would result in the City incurring the full cost of a special election even if the remaining term of office or time until a general election is very short.
Reason for Not Recommending:
• This approach does not account for the potential for election costs to continue to escalate and the fact that the City may not be able to afford the special election depending on the City’s fiscal situation at the time of the vacancy.
Alternative 4: Adopt a Special Election Petition Option
Pros:
• Allows residents through petition signatures to express their view that a vacancy should be filled by special election rather than appointment.
Cons:
• Because of the short period for collecting signatures, can result in a process that is not generally reflective of voter views. Can also result in the City incurring the costs of a special election even when the duration of the appointment would be very short or the financial posture of the City would not support the outlay of calling a special election.
Reason for Not Recommending:
• This approach does not allow the Council to perform its function of prudently overseeing the City’s financial outlays and making policy decisions for the good of the community.
FISCAL IMPACT:
There is no specific fiscal impact to this proposal although the potential future financial impact of each alternative is outlined in the analysis and policy alternatives sections.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
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. The action has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and is not a project pursuant to Pub.
Resources Code, §21065 and Cal. Code Regs., tit. 14, §15378. Even if a project, the action is exempt from further CEQA review pursuant to Cal. Code Regs., tit. 14, §15061(b)(3) as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
ATTACHMENTS:
(a) Draft Ordinance
Ordinance No. 194.2 1
REGULAR
NUMBER: 194.2
TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING THE MILPITAS MUNICIPAL CODE TITLE I, CHAPTER 3,
RELATING TO VACANCIES ON THE CITY COUNCIL
HISTORY: This Ordinance was introduced (first reading) by the City Council at its meeting of ____________________, upon motion by_________________________ and was adopted (second reading) by the City Council at its meeting of _______________, upon motion by ____________________________. The Ordinance was duly passed and ordered published in accordance with law by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
________________________________ __________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
________________________________
Christian Curtis, City Attorney
Ordinance No. 194.2 2
RECITALS AND FINDINGS:
WHEREAS, California Government Code section 36512 outlines the process for filling unexpected City Council vacancies, both for Councilmembers and the Mayor, and contemplates that the City Council will fill such vacancies by appointment or by calling a special election; and
WHEREAS, in 1976, following the submission of an advisory measure to the voters to canvass their input (Measure L), the City Council enacted City Council Ordinance 194, which, pursuant to former California Government Code section 36512.2, states that the City Council will fill a vacancy in its membership by immediately calling a special election and that anyone appointed to fill that vacancy will only hold office until that election; and
WHEREAS, the results of an advisory vote expressly “will in no manner be controlling on the sponsoring legislative body” (Cal. Elec. Code, § 9603(a)), and the City Council finds and determines that in the intervening fifty years, there has been significant changes that warrant greater flexibility in how the City Council fills vacancies on an ongoing basis; and
WHEREAS, in 1992, the California Legislature repealed California Government Code section 36512.2, which the City’s vacancy ordinance was based upon, in favor of revised procedures for filling vacancies, which are now codified in California Government Code section 36512; and
WHEREAS, in 1976, when Measure L was submitted for advisory vote, regular elections were held in both odd and even numbered years such that the special election for a Council vacancy could often be consolidated with the following year’s regular election; and
WHEREAS, in 2015, following a change in state law, regular elections now only occur in even numbered years such that it is significantly more likely that a vacancy arising in an odd numbered year, including most vacancies arising from a member’s election to other incompatible public office, will result in the City bearing the full cost of a stand-alone special election; and
WHEREAS, in the intervening fifty years since Measure L was submitted to the voters, the cost of special elections has risen astronomically, and the City has been recently informed by the County of Santa Clara’s Registrar of Voters that calling a stand-alone special election may cost the City over three million dollars or roughly 2% of the City’s average annual general fund; and
WHEREAS, every city in Santa Clara County, and the majority of cities statewide, have codified California Government Code section 36512 and allow council vacancies to be filled by both special elections and appointment; and
WHEREAS, the City Council consistent with California Government Code section 36512 wishes to amend Title I, Chapter 3 of the Milpitas Municipal Code and allow Council vacancies to be filled by either appointment or the calling of a special election as determined by the City Council to be in the best interests of the City and its residents.
NOW, THEREFORE, the City Council of the City of Milpitas does ordain as follows:
SECTION 1. RECORD AND BASIS FOR ACTION
The City Council has duly considered the full record before it, which may include but is not limited to such things as the City staff report, testimony by staff and the public, and other materials and evidence submitted
Ordinance No. 194.2 3
or provided to the City Council. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
SECTION 2. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE I, CHAPTER 3
Title I, Chapter 3 of the Milpitas Municipal Code is hereby amended to read as follows:
Chapter 3 – VACANCY ON CITY COUNCIL
Section 1 – Authority of Adoption
Consistent with Government Code section 36512, vacancies on the City Council other than by expiration of the term of office will be filled at the City Council’s discretion by appointment or by the calling of an election.
Section 2 – Requirements
I-3-2.00 – Declaring Office Vacant; Filling Vacancy
In the event of a vacancy in the office of Mayor or Councilmember, the City Council will officially declare the office vacant within thirty days of the commencement of any vacancy.
Within sixty days of the commencement of any vacancy, the City Council will, by affirmative vote, fill the vacancy by appointment or call an election to fill the vacancy.
I-3-2.01 – Filling Vacancy by Appointment
If the vacancy is filled by appointment of an otherwise qualified appointee, the appointee will hold office as follows and until a successor is elected and qualified:
(a) If the vacancy occurs in the first half of a term of office and at least 130 days prior to the next general municipal election, the appointee will hold office until the person who is elected at that election to fill the vacancy has been qualified. The person elected to fill the vacancy will hold office for the unexpired balance of the term of office. (b) If the vacancy occurs in the first half of a term of office, but less than 130 days prior to the next general municipal election, or if the vacancy occurs in the second half of a term of office, the appointee will hold office for the unexpired term of the former incumbent.
Notwithstanding any other provision of this Chapter, the City Council will not make an appointment to fill a vacancy if the appointment would result in a majority of the City Council serving as appointees. In that circumstance, the City Council will call an election to fill that vacancy.
I-3-2.02 – Filling Vacancy by Election
If the City Council chooses to fill the vacancy by election or does not fill the vacancy by appointment within sixty days of the vacancy commencing, the City Council will call an election to be held on the next regularly established election date not less than 114 days from the call of the election.
Ordinance No. 194.2 4
If a vacant office is to be filled by election, the Council may make an interim appointment to fill the office until a candidate has been duly elected and qualified.
I-3-2.03 – Regulations
The City Council may by resolution adopt regulations consistent with and implementing this Chapter.
SECTION 3. SEVERABILITY
The provisions of this Ordinance are separable, and the invalidity of any phrase, clause, provision or part shall not affect the validity of the remainder.
SECTION 4. EFFECTIVE DATE AND POSTING
In accordance with Section 36937 of the Government Code of the State of California, this Ordinance shall take effect thirty (30) days from and after the date of its passage. The City Clerk of the City of Milpitas shall cause this Ordinance or a summary thereof to be published in accordance with Section 36933 of the Government Code of the State of California.