City Council Meeting (2024-09-03)

# REGULAR MEETING OF THE MILPITAS

CITY COUNCIL

MINUTES TUESDAY, SEPTEMBER 3, 2024

The City Council of the City of Milpitas convened on the regular City Council meeting day in a Regular Meeting of the Milpitas City Council on September 3, 2024, in the City Council Chamber, 455 E. Calaveras Blvd, Milpitas, CA, and via teleconference/Zoom webinar.

## CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk

Mayor Montano called the Regular City Council meeting to order at 6:00 PM. Roll Call was taken by City Clerk Guzzetta.

PRESENT: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo (6:05 PM), Councilmember Lien, Councilmember Phan (6:02 PM)

ABSENT: None.

City Attorney Mutalipassi briefed the City Council on the items to be heard at Closed Session.

There were no public speakers.

The City Council adjourned to closed session at 6:02 pm.

## ADJOURN TO CLOSED SESSION

## (a) CONFERENCE WITH LEGAL COUNSEL - Existing Litigation

Existing Litigation Pursuant to Government Code § 54956.9(d)(2) In the Matter of City of Milpitas vs Toll Bros., Inc., Superior Court of California, County of Santa Clara, Case No.22CV406447 City as Defendant

## CLOSED SESSION ANNOUNCEMENT:

The City Council reconvened at 7:00 pm.

City Attorney Mutalipassi reported that the Closed Session matter was settled for $40,000.

## PLEDGE OF ALLEGIANCE

Councilmember Barbadillo led the pledge of allegiance.

## INVOCATION

Councilmember Phan provided the invocation.

## PRESENTATIONS

Mayor Montano, joined by the City Council, presented proclamations in recognition of National Suicide Prevention Week, National Preparedness Month, American Muslim Appreciation and Awareness Month and National IT Professionals Day. Additionally, certificates were presented recognizing the Milpitas IT team.

* * *

## PUBLIC FORUM

There were the following public speakers.

1. Virgil King

## ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS

City Attorney Mutalipassi asked the Mayor and City Councilmembers if they had any personal conflicts of interest. By roll call, there were no conflicts of interest. City Attorney Mutalipassi asked the Mayor and City Councilmembers if they had any reportable campaign contributions. By roll call, there were no reportable campaign contributions.

## READING OF THE CITY COUNCIL CODE OF CONDUCT

Vice Mayor Chua read the City Council Code of Conduct.

## APPROVAL OF AGENDA

Mayor Montano made a motion: to move Item 12 to the Consent Calendar.

Motion/Second: Mayor Montano / Councilmember Lien by the following: AYES: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien, Councilmember Phan NOES: None

Motion: to approve the agenda,

Motion/Second: Vice Mayor Chua / Mayor Montano Motion carried by the following: AYES: Mayor Montano, Vice Mayor Chua, Councilmember Barbadillo, Councilmember Lien, Councilmember Phan NOES: None

## CONSENT CALENDAR

Councilmember Lien asked to pull Item C10 from the Consent Calendar.

There were no public speakers.

After discussion, motion: to pull Item C10 and approve the consent calendar.