Milpitas City Council
April 5, 2022

Oftentimes, tenants will be threatened with eviction if they communicate any issues with their unit. Resources to create a safe space for these conversations to take place will go a long way to promoting equity and decreasing the housing cost burden on tenants.

Are any of those racial or ethnic groups located in specific areas or neighborhoods in your community?
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No
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Consolidated Plan MILPITAS 40
OMB Control No: 2506-0117 (exp. 07/31/2015)
NA-35 Public Housing – 91.205(b)
Introduction
Totals in Use
Program Type
Certificate Mod-
Rehab
Public
Housing
Vouchers
Total Project
-based
Tenant
-based
Special Purpose Voucher
Veterans
Affairs
Supportive
Housing
Family
Unification
Program
Disabled
*
# of
units
vouchers
in use 0 48 20 10,212 692 9,267 212 0 36
Table 22 - Public Housing by Program Type
*includes Non-Elderly Disabled, Mainstream One-Year, Mainstream Five-year, and Nursing Home Transition

Data
Source:

PIC (PIH Information Center)

Characteristics of Residents

Program Type
Certificate Mod-
Rehab
Public
Housing
Vouchers
Total Project
-based
Tenant
-based
Special Purpose Voucher
Veterans
Affairs
Supportive
Housing
Family
Unification
Program
Average
Annual
Income 0 20,067 16,342 15,882 13,333 16,112 14,199 0
Average
length of stay 0 7 5 8 1 9 0 0
Average
Household
size 0 2 2 2 1 2 1 0
# Homeless at
admission 0 0 1 15 4 4 0 0
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Program Type
Certificate Mod-
Rehab
Public
Housing
Vouchers
Total Project
-based
Tenant
-based
Special Purpose Voucher
Veterans
Affairs
Supportive
Housing
Family
Unification
Program
# of Elderly
Program
Participants
(>62) 0 10 4 3,859 502 3,315 24 0
# of Disabled
Families 0 10 6 1,784 69 1,610 85 0
# of Families
requesting
accessibility
features 0 48 20 10,212 692 9,267 212 0
# of HIV/AIDS
program
participants 0 0 0 0 0 0 0 0
# of DV
victims 0 0 0 0 0 0 0 0
Table 23 – Characteristics of Public Housing Residents by Program Type

Data Source: PIC (PIH Information Center)

Race of Residents
Program Type
Race Certificate Mod-
Rehab
Public
Housing
Vouchers
Total Project
-based
Tenant
-based
Special Purpose Voucher
Veterans
Affairs
Supportive
Housing
Family
Unification
Program
Disabled
*
White 0 33 11 4,885 332 4,420 117 0 14
Black/African
American 0 3 3 1,358 46 1,223 80 0 7
Asian 0 11 5 3,698 303 3,375 5 0 14
American
Indian/Alaska
Native 0 1 1 145 7 134 3 0 1
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Program Type
Race Certificate Mod-
Rehab
Public
Housing
Vouchers
Total Project
-based
Tenant
-based
Special Purpose Voucher
Veterans
Affairs
Supportive
Housing
Family
Unification
Program
Disabled
*
Pacific
Islander 0 0 0 95 4 84 7 0 0
Other 0 0 0 31 0 31 0 0 0
*includes Non-Elderly Disabled, Mainstream One-Year, Mainstream Five-year, and Nursing Home Transition Table 24 – Race of Public Housing Residents by Program Type Data
Source:

PIC (PIH Information Center)

Ethnicity of Residents
Program Type
Ethnicity Certificate Mod-
Rehab
Public
Housing
Vouchers
Total Project
-based
Tenant
-based
Special Purpose Voucher
Veterans
Affairs
Supportive
Housing
Family
Unification
Program
Disabled
*
Hispanic 0 20 8 3,217 133 3,038 38 0 7
Not
Hispanic 0 28 12 6,964 559 6,198 174 0 29
*includes Non-Elderly Disabled, Mainstream One-Year, Mainstream Five-year, and Nursing Home Transition Table 25 – Ethnicity of Public Housing Residents by Program Type Data Source: PIC (PIH Information Center)

Section 504 Needs Assessment: Describe the needs of public housing tenants and applicants on the waiting list for accessible units:

This data is not available for Milpitas.

Most immediate needs of residents of Public Housing and Housing Choice voucher holders Finding landlords that will accept a voucher.

How do these needs compare to the housing needs of the population at large This data is not available for Milpitas.

Discussion
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See above
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Consolidated Plan MILPITAS 44
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NA-40 Homeless Needs Assessment – 91.205(c)
Introduction:

The tables below provide demographic data on homelessness in Milpitas.

If data is not available for the categories "number of persons becoming and exiting homelessness each year," and "number of days that persons experience homelessness," describe these categories for each homeless population type (including chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth):

In December 2021, the City Council authorized staff to enter into a revenue agreement with the County of Santa Clara Office of Supportive Housing to employ the Homeless Engagement and Assessment Team (HEAT) throughout Milpitas. A review of the data from HEAT shows that of the 100+ requests sent to HEAT, 99% were for chronically homeless single adults. Twenty-six percent of those individuals were residing in a vehicle while the others were predominantly living outdoors.

For families with children, the City has been actively using rent relief funding for temporary motel stays.

The City has assisted in over 15 such cases since 2019.

Nature and Extent of Homelessness: (Optional)
Data Source: County of Santa Clara Continuum of Care
Jurisdiction Unsheltered Sheltered Total 2017-2019 %
Change 2017 2019 2017 2019 2017 2019
Total Incorporated 5,259 7,652 1,775 1,594 7,034 9,246 31% City of Campbell 94 74 0 0 94 74 -21%
City of Cupertino 127 159 0 0 127 159 25%
City of Gilroy 295 345 427 359 722 704 -2%
City of Los Altos 6 76 0 0 6 76 *
City of Los Altos Hills 0 2 0 0 0 2 *
Town of Los Gatos 52 16 0 0 52 16 *
City of Milpitas 66 125 0 0 66 125 89%
City of Monte Sereno 0 0 0 0 0 0 *
City of Morgan Hill 388 114 0 0 388 114 -71%
City of Mountain View 411 574 5 32 416 606 46%
City of Palo Alto 256 299 20 14 276 313 13%
City of San Jose 3,231 5,117 1,119 980 4,350 6,097 41%
City of Santa Clara 199 264 73 62 272 326 20%
City of Saratoga 12 10 0 0 12 10 *
City of Sunnyvale 122 477 131 147 253 624 147%
Total Unincorporated 189 270 113 89 302 359 19%
Confidential Locations NA NA 58 101 58 101 74%
Total 5,448 7,922 1,946 1,784 7,394 9,706 31%

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Estimate the number and type of families in need of housing assistance for families with children and the families of veterans.

The City of Milpitas’ Rent Relief Program provides various forms of financial assistance to Milpitas residents and families that have emergency housing needs. The funds are used to pay for rent and/or deposit assistance, emergency hardship relief, eviction protection, domestic violence relocation, and section 8 good faith deposits. These funds assist at-risk Milpitas residents from experiencing homelessness. To date, the program has assisted over 120 families and over 300 Milpitas residents, many of them families with children. It’s likely that without these funds, many of these families would now be experiencing homelessness.

Describe the Nature and Extent of Homelessness by Racial and Ethnic Group.

Data Source: County of Santa Clara Continuum of Care
Race: Percent of respondents
White 40%
Black or African
American 18%
Asian 3%
Pacific Islander 1%
Multiple Races 29%
Ethnicity:

Hispanic 41%
Not
Hispanic 59%

These figures are provided by the 2019 Santa Clara County Homeless Census & Survey. They provide a regional view of the race and ethnicity data, as the City does not have local data to provide.

Describe the Nature and Extent of Unsheltered and Sheltered Homelessness.

Data Source: County of Santa Clara Continuum of Care
Current Living
Arrangement Percent of respondents
Outdoors 34%
Emergency/Transitional
Shelter 22%
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Vehicle 18%
Structure not meant
for permanent
habitation
14%
Motel/Hotel 9%
Other 3%

These figures are provided by the 2019 Santa Clara County Homeless Census & Survey. They provide a regional view of the unsheltered and sheltered data, as the City does not have local data to provide.

As noted above, the City’s HEAT program has assessed over 100 homeless individuals in Milpitas. Of those assessed, approximately 26% were living in a vehicle with most of the remaining individuals living outdoors.

Discussion:

See above
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Consolidated Plan MILPITAS 47
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NA-45 Non-Homeless Special Needs Assessment - 91.205 (b,d) Introduction:

The following section describes the needs of the following non-homeless populations:

Elderly households (defined as 60 years or older)
Persons with developmental, physical, and/or mental disabilities Large households
Female-headed households
Persons living with HIV/AIDS and their families
Describe the characteristics of special needs populations in your community:

Elderly households account for over 11% of the Milpitas population. Many seniors live on fixed incomes, making affordability an issue. Some elderly residents own homes but are unable to afford the maintenance on them due to rising costs. These residents are considered house rich and cash poor where most of their retirement income and/or asset value is tied into the home itself, with few options to safely extract the value.

Persons with developmental, physical, and/or mental disabilities require affordable housing as well as special accommodations in terms of accessibility to ensure maximal independence. These individuals may also live on fixed incomes or with family who provide for them. Over 6% of the population in Milpitas identifies as disabled.

Large households may live in overcrowded environments. As affordability wanes in the region, many low-income families are choosing to live together in order to make rents more affordable.

Female headed households disproportionately pay a higher ratio of gross income as expenses. Rent and childcare costs create challenges for female headed households. Additionally, these households are more likely to overcrowd to share space, rent, and childcare to blunt costs. Affordable housing, childcare subsidy, and/or other financial assistance could benefit female headed households.

Milpitas does not currently have data and/or programs geared toward persons living with HIV/AIDS and their families.

What are the housing and supportive service needs of these populations and how are these needs determined?
The Consolidated Plan Community Survey respondents noted that creation of affordable housing is a significant need for this population. As generally the highest expense incurred, quality of life could be improved by reducing housing costs. Further assistance in terms of childcare, food/nutrition subsidy, and job improvement training could benefit these groups as well.

Discuss the size and characteristics of the population with HIV/AIDS and their families within the Eligible Metropolitan Statistical Area:
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n/a
Discussion:

See above
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NA-50 Non-Housing Community Development Needs – 91.215 (f) Describe the jurisdiction’s need for Public Facilities:

The City of Milpitas Recreation and Community Services Department manages the City’s public facilities. Of the facilities discussed in the Consolidated Plan Community Survey, the two most widely discussed as needing additional funding were: (1) the Barbara Lee Senior Center and (2) the City’s Parks.

How were these needs determined?
Milpitas’ needs were consulted through extensive community engagement. Seventy-one percent of respondents stated that improving city facilities that provide public services was a high priority.

Additionally, the Recreation and Community Services department submitted their budget for the upcoming fiscal year, an approximate $4M in funding for upgrading the City parks was included.

Fifty-six percent of respondents indicated that more funding should go to improving city facilities that provide social services, such as the Barbara Lee Senior Center and the Milpitas Library.

Describe the jurisdiction’s need for Public Improvements:

Milpitas’ needs were consulted through extensive community engagement. Water, street, stormwater, accessibility, sidewalks and trails were among the areas of need for the City.

How were these needs determined?
Milpitas’ needs were consulted through extensive community engagement. Fifty-six percent of respondents to the Consolidated Plan Community Survey noted the need for trail improvements, 53% requested accessibility improvements for people with disabilities, 69% requested water/sewer improvements, and 47% requested improvements to the sidewalks.

Describe the jurisdiction’s need for Public Services:

Currently, the City contracts all of its public services to local or regional non-profits. Milpitas has a need to assist its growing homeless population, elderly households, victims of domestic violence, children and youth, and residents at-risk of eviction.

How were these needs determined?
Milpitas’ needs were consulted through extensive community engagement. Fifty-six percent of respondents to the Consolidated Plan Community Survey responded they’d like to see improvements to non-profit community services, 59% responded that homeless services are very important and should receive more consideration for funding.
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Consolidated Plan MILPITAS 50
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Housing Market Analysis
MA-05 Overview
Housing Market Analysis Overview:

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MA-10 Number of Housing Units – 91.210(a)&(b)(2)
Introduction
Milpitas is predominantly a single-family based community with 75% of the housing stock being single-family attached and detached homes. The remaining housing stock are multi-family units with 14 of the remaining 25% of those units being a property type of 20 or more units.

All residential properties by number of units
Property Type Number %
1-unit detached structure 12,200 54%
1-unit, attached structure 4,814 21%
2-4 units 1,210 5%
5-19 units 1,035 5%
20 or more units 3,075 14%
Mobile Home, boat, RV, van, etc 440 2%
Total 22,774 100%
Table 26 – Residential Properties by Unit Number
Data Source: 2013-2017 ACS

Unit Size by Tenure
Owners Renters
Number % Number %
No bedroom 75 1% 250 3%
1 bedroom 90 1% 1,425 18%
2 bedrooms 1,814 13% 3,075 39%
3 or more bedrooms 12,145 86% 3,045 39%
Total 14,124 101% 7,795 99%
Table 27 – Unit Size by Tenure
Data Source: 2013-2017 ACS

Describe the number and targeting (income level/type of family served) of units assisted with federal, state, and local programs.
• Sunnyhills Apartments, a 171-unit apartment complex with 149 project based rental assistance units
• Terrace Gardens, a 149-unit apartment complex for seniors under 50% AMI Provide an assessment of units expected to be lost from the affordable housing inventory for any reason, such as expiration of Section 8 contracts.
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The Sunnyhills apartments project based rental assistance contract is set to expire in 2023. At this time the owner has not expressed an interest in renewing their contract with HUD. The Santa Clara County Housing Authority and the City have been in communication with the tenants to provide resources and information to the group to ensure they are aware of their rights and protections should the contract not be renewed.

City and Housing Authority staff has also been in communication with the ownership group to ensure they follow all applicable state and federal laws pertaining to the termination of an affordable unit or development to a market rate one.

Does the availability of housing units meet the needs of the population? As noted during the citizen participation process, there is a significant lack of housing available to lower income populations. At this time, the demand for affordable housing is greater than the availability of the units.

Describe the need for specific types of housing:

Affordable rental housing is needed for all income levels but mostly for below 50% AMI.

Additionally, housing units specifically geared toward seniors, people with disabilities, homeless individuals, and people at-risk of homelessness will assist in providing the most vulnerable with housing opportunities currently unafforded to them.

Discussion
See above
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Consolidated Plan MILPITAS 53
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MA-15 Housing Market Analysis: Cost of Housing - 91.210(a) Introduction
The City of Milpitas continues to see a sharp increase in the cost of housing, along with the region in general. From 2009 to 2017, the median contract rent in Milpitas increased 43%.

Cost of Housing
Base Year: 2009 Most Recent Year: 2017 % Change
Median Home Value 619,600 704,300 14%
Median Contract Rent 1,405 2,016 43%
Table 28 – Cost of Housing

Data Source: 2000 Census (Base Year), 2013-2017 ACS (Most Recent Year)

Rent Paid Number %
Less than $500
$500-999
$1,000-1,499
$1,500-1,999
$2,000 or more
Table 29 - Rent Paid
Data Source: 2013-2017 ACS

Housing Affordability
% Units affordable to Households
earning
Renter Owner
30% HAMFI 400 No Data
50% HAMFI 1,000 240
80% HAMFI 2,705 413
100% HAMFI No Data 847
Total 4,105 1,500
Table 30 – Housing Affordability
Data Source: 2013-2017 CHAS

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Monthly Rent
Monthly Rent ($) Efficiency (no
bedroom)
1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom
Fair Market Rent 2145 2418 2868 3687 4213
High HOME Rent n/a n/a n/a n/a n/a
Low HOME Rent n/a n/a n/a n/a n/a
Table 31 – Monthly Rent
Data Source: HUD FMR and HOME Rents

Is there sufficient housing for households at all income levels? The data presented above is limited but the narrative from our resident survey and our citizen participation continues to express that there is an insufficient amount of housing for households at all income levels.

How is affordability of housing likely to change considering changes to home values and/or rents?
Housing affordability will continue to decline as home values and/or rent costs increase. The State of California has implemented AB 1584, which limited rent increases on applicable units to 5% plus CPI. However, as noted above, Milpitas is 75% single-family homes, which are not applicable to AB 1584. The other thing to note is that the CPI the past two years will allow rent increases of 8+% each year. This compounding effect on the rent impacts lower income populations the greatest. But the lack of an effective control on rents on single-family homes also impacts larger households disproportionately since there’s no limit on rent increases on those units.

How do HOME rents / Fair Market Rent compare to Area Median Rent? How might this impact your strategy to produce or preserve affordable housing? Fair market rents compare favorably to moderate income area median rent level. In order to achieve affordability at the 2BR rent level, a household must earn approximately $115,000 per year. Presently, the need for extremely low, very low, and low-income housing is in high demand. The challenges to create these housing opportunities are multi-faceted. High land and development costs, ongoing maintenance and repairs, and the ability of a development to provide a positive return while collecting on the lower end rents. Without further subsidy, it makes deeply affordable developments very challenging to develop.

Discussion
See above
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Consolidated Plan MILPITAS 55
OMB Control No: 2506-0117 (exp. 07/31/2015)
MA-20 Housing Market Analysis: Condition of Housing – 91.210(a) Introduction
This section analyzes the condition of housing and the risks of lead based paint.

Definitions
HUD defines “condition” as: 1) Lack of complete plumbing; 2) Lack of kitchen facilities; 3) More than one person per room; and, 4) Housing cost burden greater than 30 percent.

Condition of Units
Condition of Units Owner-Occupied Renter-Occupied
Number % Number %
With one selected Condition 4,375 31% 3,510 45%
With two selected Conditions 215 2% 690 9%
With three selected Conditions 0 0% 15 0%
With four selected Conditions 0 0% 0 0%
No selected Conditions 9,535 68% 3,580 46%
Total 14,125 101% 7,795 100%
Table 32 - Condition of Units
Data Source: 2013-2017 ACS

Year Unit Built
Year Unit Built Owner-Occupied Renter-Occupied
Number % Number %
2000 or later 2,419 17% 2,160 28%
1980-1999 4,060 29% 2,805 36%
1950-1979 7,420 53% 2,720 35%
Before 1950 229 2% 115 1%
Total 14,128 101% 7,800 100%
Table 33 – Year Unit Built
Data Source: 2013-2017 CHAS

Risk of Lead-Based Paint Hazard
Risk of Lead-Based Paint Hazard Owner-Occupied Renter-Occupied Number % Number %
Total Number of Units Built Before 1980 7,649 54% 2,835 36% Housing Units build before 1980 with children present 2,833 20% 1,428 18% Table 34 – Risk of Lead-Based Paint
Data Source: 2013-2017 ACS (Total Units) 2013-2017 CHAS (Units with Children present)

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Vacant Units
Suitable for
Rehabilitation
Not Suitable for
Rehabilitation
Total
Vacant Units
Abandoned Vacant Units
REO Properties
Abandoned REO Properties
Table 35 - Vacant Units

Need for Owner and Rental Rehabilitation
Fifty-three percent of Milpitas owner occupied homes were built from 1950-1979. These homes are now 50-70+ years old and in need of deferred maintenance to ensure they maintain a standard of habitability. Long time owners of these homes are often house rich and cash poor.

Meaning, the majority of their wealth is stored in the substantial increase in equity created from owning their home, but they do not currently earn large incomes to continue supporting the cost of owning a home.

Rebuilding Together Silicon Valley has been working with low-moderate income owners in Milpitas to homes in our community are safe and habitable. Milpitas currently supports their mission with CDBG funding.

Estimated Number of Housing Units Occupied by Low- or Moderate-Income Families with LBP Hazards
The data is not clear as to the number of units occupied by low- or moderate-income families with LBP hazards but again a predominant amount of owner and renter occupied households were built prior to 1979. Therefore, we can estimate that there are still homes in Milpitas that could have occupants at risk of LBP.

Discussion
See above

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Consolidated Plan MILPITAS 57
OMB Control No: 2506-0117 (exp. 07/31/2015)
MA-25 Public and Assisted Housing – 91.210(b)
Introduction
Totals Number of Units
Program Type
Certificate Mod-
Rehab
Public
Housing
Vouchers
Total Project -
based
Tenant -
based

Special Purpose Voucher
Veterans
Affairs
Supportive
Housing
Family
Unification
Program
Disabled
*
# of units
vouchers
available 0 48 20 10,635 815 9,820 1,964 0 465
# of
accessible
units
*includes Non-Elderly Disabled, Mainstream One-Year, Mainstream Five-year, and Nursing Home Transition Table 36 – Total Number of Units by Program Type
Data
Source:

PIC (PIH Information Center)

Describe the supply of public housing developments:
n/a
Describe the number and physical condition of public housing units in the jurisdiction, including those that are participating in an approved Public Housing Agency Plan:
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n/a
Public Housing Condition
Public Housing Development Average Inspection Score

Table 37 - Public Housing Condition

Describe the restoration and revitalization needs of public housing units in the jurisdiction:
n/a
Describe the public housing agency's strategy for improving the living environment of low- and moderate-income families residing in public housing:
n/a
Discussion:
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n/a
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Consolidated Plan MILPITAS 60
OMB Control No: 2506-0117 (exp. 07/31/2015)
MA-30 Homeless Facilities and Services – 91.210(c)
Introduction
This section discusses homeless facilities and services available for the homeless population.

Facilities and Housing Targeted to Homeless Households
Emergency Shelter Beds Transitional
Housing Beds
Permanent Supportive
Housing Beds
Year Round
Beds
(Current &
New)
Voucher /
Seasonal /
Overflow
Beds
Current &
New
Current &
New
Under
Development
Households with
Adult(s) and Child(ren)

Households with Only
Adults

Chronically Homeless
Households

Veterans
Unaccompanied Youth
Table 38 - Facilities and Housing Targeted to Homeless Households

Describe mainstream services, such as health, mental health, and employment services to the extent those services are use to complement services targeted to homeless persons Mainstream services that compliment services targeted to homeless persons include:
• The Valley Homeless Healthcare Program (VHHP) is part of the Santa Clara Valley Medical Center and provides medical services to homeless individuals, including primary care and urgent care. VHHP also manages a Medical Respite program for homeless individuals discharged from hospitals as well as a Backpack Homeless Health Care Program for those in encampments. 21
• The County Social Services Agency has expedited the review process of homeless household CalFresh applications so that they may receive benefits within three days. • The County Behavioral Health Services Department (BHS) has multiple programs to connect homeless individuals with housing or shelter assistance. BHS also treats those going through behavioral health crises.
• The County Reentry Resource Center (RRC) provides services to those who have been previously incarcerated and to individuals who are homeless upon release. Services include referrals to drug treatment, housing assistance, food assistance, counseling, and other benefits.
• The County Office of Supportive Housing (OSH) mission is to increase the supply of housing and supportive housing that is affordable and available to extremely low income and /or special needs households. OSH supports the County mission of promoting a healthy, safe, and prosperous community by ending and preventing homelessness.
• Other mainstream services include:
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• Non-Employment Income: Social Security, Social Security Disability, General Assistance, Cash Aid, CALWORKS, Veterans Benefits, Tribal TANF, and CAPI. • Food Related Assistance: CalFresh, SNAP, and WIC.
• Legal Services: Bay Area Legal Aid and Law Foundation of Silicon Valley. • Medical: Medicaid, Medicare, Covered California, and Valley Homeless Healthcare Program (VHHP).
• Employment Training Opportunities: Living Wage Employment Initiative. The area Continuum of Care provides a Living Wage Employment Initiative, which is a program that engages previously homeless program participants in job training, holds jobs fairs, and connects them with living-wage employment leading to careers in high growth industries.22
• Transportation: CalWorks
• Childcare: Early Childhood Providers and CalWorks
List and describe services and facilities that meet the needs of homeless persons, particularly chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth. If the services and facilities are listed on screen SP-40 Institutional Delivery Structure or screen MA-35 Special Needs Facilities and Services, describe how these facilities and services specifically address the needs of these populations.

There are currently no facilities that meet the needs of the homeless or chronically homeless in Milpitas.

The services provided to meet the needs of the homeless are:
• Project WeHope - Mobile shower and laundry services
• Homeless Engagement and Assessment Team – In partnership with the County, the County HEAT team contracts with ABODE Services to provide outreach and engagement with the homeless population, to provide VI-SPIDAT assessments and enter these individuals into the community queue for housing opportunities. 450
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Consolidated Plan MILPITAS 62
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MA-35 Special Needs Facilities and Services – 91.210(d) Introduction
This section describes facilities and services for the special needs communities Including the elderly, frail elderly, persons with disabilities (mental, physical, developmental), persons with alcohol or other drug addictions, persons with HIV/AIDS and their families, public housing residents and any other categories the jurisdiction may specify, and describe their supportive housing needs
Elderly, Frail Elderly, and Persons with Disabilities
Elderly, frail elderly, and persons with disabilities have a range of housing needs, including maintaining affordability as rents continue to rise and fixed incomes do not keep pace. Another major factor will be retrofitting housing to accommodate their induvial needs. Additional resources to combat social isolation, depression, and food insecurity are all areas of concern for these special needs communities.

Describe programs for ensuring that persons returning from mental and physical health institutions receive appropriate supportive housing
n/a
Specify the activities that the jurisdiction plans to undertake during the next year to address the housing and supportive services needs identified in accordance with 91.215(e) with respect to persons who are not homeless but have other special needs. Link to one-year goals. 91.315(e)
[Insert paragraph with final City Council allocations]
For entitlement/consortia grantees: Specify the activities that the jurisdiction plans to undertake during the next year to address the housing and supportive services needs identified in accordance with 91.215(e) with respect to persons who are not homeless but have other special needs. Link to one-year goals. (91.220(2)) See above
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Consolidated Plan MILPITAS 63
OMB Control No: 2506-0117 (exp. 07/31/2015)
MA-40 Barriers to Affordable Housing – 91.210(e)
Negative Effects of Public Policies on Affordable Housing and Residential Investment • High cost of land and development of housing in general • Lack of local, state, and federal resources to promote more affordable housing • Lack of available, developable land throughout the city • Lack of appetite for more affordable housing from key stakeholders • General political opposition preventing affordable housing

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Consolidated Plan MILPITAS 64
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MA-45 Non-Housing Community Development Assets – 91.215 (f) Introduction
This section describes the non-housing community development assets that are unique to the city of Milpitas.

Economic Development Market Analysis
Business Activity
Business by Sector Number of
Workers
Number of
Jobs
Share of
Workers
%
Share of
Jobs
%
Jobs less
workers
%
Agriculture, Mining, Oil & Gas Extraction 213 4 1 0 -1
Arts, Entertainment, Accommodations 3,583 5,383 10 11 1 Construction 1,353 3,052 4 6 3
Education and Health Care Services 5,603 4,179 15 8 -7
Finance, Insurance, and Real Estate 1,384 965 4 2 -2
Information 2,375 889 6 2 -5
Manufacturing 7,740 14,423 21 29 8
Other Services 1,079 1,595 3 3 0
Professional, Scientific, Management
Services 6,445 8,931 17 18 1
Public Administration 0 0 0 0 0
Retail Trade 2,778 4,832 7 10 2
Transportation and Warehousing 712 776 2 2 0
Wholesale Trade 1,557 2,298 4 5 0
Total 34,822 47,327 -- -- --
Table 39 - Business Activity
Data
Source:
2013-2017 ACS (Workers), 2017 Longitudinal Employer-Household Dynamics (Jobs)

Labor Force
Total Population in the Civilian Labor Force 40,160
Civilian Employed Population 16 years and
over 37,800
Unemployment Rate 5.90
Unemployment Rate for Ages 16-24 12.15
Unemployment Rate for Ages 25-65 4.34
Table 40 - Labor Force
Data Source: 2013-2017 ACS

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Occupations by Sector Number of People
Management, business and financial 14,225
Farming, fisheries and forestry occupations 1,830
Service 3,829
Sales and office 6,774
Construction, extraction, maintenance and
repair 1,735
Production, transportation and material
moving 2,460
Table 41 – Occupations by Sector
Data Source: 2013-2017 ACS

Travel Time
Travel Time Number Percentage
< 30 Minutes 18,498 58%
30-59 Minutes 11,123 35%
60 or More Minutes 2,539 8%
Total 32,160 100%
Table 42 - Travel Time
Data Source: 2013-2017 ACS

Education:

Educational Attainment by Employment Status (Population 16 and Older) Educational Attainment In Labor Force
Civilian Employed Unemployed Not in Labor
Force
Less than high school graduate 2,000 210 1,905
High school graduate (includes
equivalency) 5,180 330 1,615
Some college or Associate's degree 7,895 610 2,304
Bachelor's degree or higher 18,240 770 3,174
Table 43 - Educational Attainment by Employment Status
Data Source: 2013-2017 ACS

Educational Attainment by Age
Age
18–24 yrs 25–34 yrs 35–44 yrs 45–65 yrs 65+ yrs
Less than 9th grade 55 240 400 1,140 1,690
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Consolidated Plan MILPITAS 66
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Age
18–24 yrs 25–34 yrs 35–44 yrs 45–65 yrs 65+ yrs
9th to 12th grade, no diploma 515 405 515 1,414 625
High school graduate, GED, or
alternative 1,535 1,720 1,445 3,980 1,800
Some college, no degree 2,305 1,690 1,785 3,388 1,650
Associate's degree 250 880 1,040 2,020 684
Bachelor's degree 1,189 4,709 3,639 4,844 1,740
Graduate or professional degree 200 3,853 2,634 2,504 728 Table 44 - Educational Attainment by Age
Data Source: 2013-2017 ACS

Educational Attainment – Median Earnings in the Past 12 Months Educational Attainment Median Earnings in the Past 12 Months Less than high school graduate
High school graduate (includes equivalency)
Some college or Associate’s degree
Bachelor’s degree
Graduate or professional degree
Table 45 – Median Earnings in the Past 12 Months
Data Source: 2013-2017 ACS

Based on the Business Activity table above, what are the major employment sectors within your jurisdiction?
Describe the workforce and infrastructure needs of the business community:

Describe any major changes that may have an economic impact, such as planned local or regional public or private sector investments or initiatives that have affected or may affect job and business growth opportunities during the planning period. Describe any needs for workforce development, business support or infrastructure these changes may create.

How do the skills and education of the current workforce correspond to employment opportunities in the jurisdiction?
Describe any current workforce training initiatives, including those supported by Workforce Investment Boards, community colleges and other organizations. Describe how these efforts will support the jurisdiction's Consolidated Plan.

Does your jurisdiction participate in a Comprehensive Economic Development Strategy (CEDS)?
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Consolidated Plan MILPITAS 67
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If so, what economic development initiatives are you undertaking that may be coordinated with the Consolidated Plan? If not, describe other local/regional plans or initiatives that impact economic growth.

Discussion

456
Item # 14.

Consolidated Plan MILPITAS 68
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MA-50 Needs and Market Analysis Discussion
Are there areas where households with multiple housing problems are concentrated? (include a definition of "concentration")
There are currently no predominately low and moderate income census tracts in the city.

Are there any areas in the jurisdiction where racial or ethnic minorities or low-income families are concentrated? (include a definition of "concentration") Minority concentration is defined as census tracts where the percentage of individuals of a particular racial or ethnic minority group is at least 20 percentage points higher than the citywide average. LMI concentration is defined as census tracts where the median household income is 80% or less than the jurisdiction as a whole.

Because of the high percentage of minorities in the city, there are no areas that meet the definition of concentration. As for LMI concentration, there are areas of LMI concentration.

Those areas are primarily in Census Tract 5044.18 (the Selwyn Dr./Edsel Dr. neighborhood) and the Census Tract 5044.12 (E. Calaveras apartments).

What are the characteristics of the market in these areas/neighborhoods? These areas are multi-family, generally higher density, residential neighborhoods.

Are there any community assets in these areas/neighborhoods? n/a
Are there other strategic opportunities in any of these areas? 457
Item # 14.

Consolidated Plan MILPITAS 69
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The city will continue to explore strategic opportunities for our lower income residents. 458
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Consolidated Plan MILPITAS 70
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MA-60 Broadband Needs of Housing occupied by Low- and Moderate-Income Households - 91.210(a)(4), 91.310(a)(2)

Describe the need for broadband wiring and connections for households, including low- and moderate-income households and neighborhoods.

Access to technology is fundamental for low- and moderate-income households and neighborhoods. The need to adopt to modern technology is rooted in one’s ability to be connected. Lack of broadband creates a distinct disadvantage in a world where every day tasks continue to be migrated online. These disparities are worsened in terms of access to health care, education, employment, civic participation, commerce, and inclusion in society.3 Describe the need for increased competition by having more than one broadband Internet service provider serve the jurisdiction.

Per HUD guidance, all Consolidated Plan submitted after January 1, 2018, must address broadband needs within the jurisdiction. Below is a map outlining mobile and the region’s access to providers offering broadband services. According to the Federal Communications Commission Fixed Broadband Deployment Map, 100% of the City of Milpitas residents have access to broadband.

The majority of the City of Milpitas has access to 3-5 internet service providers. Data was obtained from the Federal Communications Commission’s Fixed Broadband Deployment website.

3 https://www.fcc.gov/sites/default/files/bdac-low-income-communities-approved-rec-12172020.pdf 459
Item # 14.

Consolidated Plan MILPITAS 71
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460
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Consolidated Plan MILPITAS 72
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461
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Consolidated Plan MILPITAS 73
OMB Control No: 2506-0117 (exp. 07/31/2015)
MA-65 Hazard Mitigation - 91.210(a)(5), 91.310(a)(3)

Describe the jurisdiction’s increased natural hazard risks associated with climate change.

Per HUD guidance, all Consolidated Plan submitted after January 1, 2018, must assess risks of natural hazard associated with climate change to low-and moderate-income residents. As part of the 2017 County of Santa Clara’s Operational Area Hazard Mitigation Plan – a county wide plan that identifies risks from natural and manmade disasters and how to minimize damage – the City of Milpitas has reviewed and evaluated a set of potential natural hazards to help identify the top hazards threatening the area. The table below summarizes the analysis.

Hazard Type Exposed
Population
# of buildings
exposed
Total Value
(in order of risk) Exposed
Earthquake All 18,242 $19,146,882,365
Flood (1% Annual
Chance area) 17,998 4,373 $3,326,581,303
Flood (.2% Annual
Chance area) 45,594 11,241 $15,779,588,420
Severe weather N/A N/A $19,146,882,365
Dam Fail
(Anderson) 4,406 1,065 $1,370,025,538
Dam Fail
(Lexington) 0 0 $0
High Risk Landslide
Areas N/A N/A $376,962,365
Estimated
Population Residing
in Sea Level Rise
Inundation Areas
2,691 635 $854,962,309

Describe the vulnerability to these risks of housing occupied by low- and moderate-income households based on an analysis of data, findings, and methods.

Vulnerable populations such as the elderly and disabled communities are adversely affected by natural hazards. Low- and moderate-income populations are also disproportionately affected by natural disasters as, on average, they lack the resources to adequately deal with the financial burden a natural disaster may impose.
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Consolidated Plan MILPITAS 74
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Strategic Plan
SP-05 Overview
Strategic Plan Overview
The Consolidated Plan for the City of Milpitas represents the needs of the community and goals to help address the needs which are outl ined in the three-year Housing and Community Development Strategy. The list below will help allocate resources, identify strategies, and prioritize funding to implement the Consolidated Plan.

The following are the City’s housing and community development goals:

1. Available resources to implement the proposed strategies

2. Affordable housing needs

3. Homeless needs and objectives

4. Other special groups needs

5. Anti-poverty strategy

6. Fair housing and services needs

7. Youth needs and services

8. Lead-Based paint reduction strategy

9. Institutional structure for implementing strategies

10. Reduction of barriers to affordable housing

11. Housing Authority

12. Community and economic development needs

13. Coordination among various agencies

14. Support activities that provide interim assistance to low- and moderate-income households at risk of being evicted due to a COVID-19-related hardship.

15. Support activities that provide loans to microenterprises experiencing hardships due to COVID-19.

Support activities that provide loans to small businesses experiencing hardships due to COVID-19.

The Milpitas Housing and Community Development Strategy Plan identify activities that will be funded with the Community Development Block Grant entitlement funds. Whenever appropriate, Milpitas will use other funding sources (local funds, housing authority funds, outside grants, housing trust fund, leveraging, etc.) to address the needs that will be discussed in this chapter to provide a comprehensive assessment of the City’s overall housing and community development strategy.
463
Item # 14.

Consolidated Plan MILPITAS 75
OMB Control No: 2506-0117 (exp. 07/31/2015)
SP-10 Geographic Priorities – 91.215 (a)(1)
Geographic Area
This is not applicable to the City of Milpitas. The City does not target specific geographic areas to focus CDBG funds. The City attempts to fund programs that target low to moderate income households only.

Table 46 - Geographic Priority Areas

General Allocation Priorities
The City receives only CDBG which is not geographically prioritized but the City does have funding priorities for its CDBG Public Service and Capital activities.

Describe the basis for allocating investments geographically within the jurisdiction (or within the EMSA for HOPWA)
The city does not receive HOPWA funds. It does receive CDBG funds which are allocated to benefit low- and moderate-income persons throughout the city.

464
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Consolidated Plan MILPITAS 76
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SP-25 Priority Needs - 91.215(a)(2)
Priority Needs
Table 47 – Priority Needs Summary
Priority Need Priority
Level Description Population or
Geographic Area Goal Basis for
Relative Priority
Affordable
Housing
Development
and Preservation
High Develop and
preserve affordable
housing and owner
housing which
includes
rehabilitation and
new construction.

Targeted towards
low to moderate
income persons.

No geographic
areas targeted.

New Affordable
Housing

Maintain and
Preserve
Existing
Housing

Affordable
Housing Rental
Rehabilitation
Feedback from
Consolidated
Plan Community
survey and
stakeholder
meetings.

Community
Services
High Greater provision of
community services
for those who are
homeless or who
have urgent housing
instability.

Extremely low,
very low, low- and
moderate-income
individuals,
veterans,
emancipated
youth.

No geographic
areas targeted.

Community
Funding/Public
Services
Feedback from
Consolidated
Plan Community
survey and
stakeholder
meetings.

Community
Services
High Greater provision of
community social
services for low- and
moderate-income
families with
children, youth and
emancipated youth
Low- and
moderate-income
families with
children, youth,
emancipated
youth, and victims
of domestic
violence,

No geographic
areas targeted.

Public Services
for Children and
Youth
Feedback from
Consolidated
Plan Community
survey and
stakeholder
meetings.

Community
Services
High Greater provision of
community services
for seniors
Low- and
moderate-income
seniors.

No geographic
areas targeted.

Public Services
for Seniors
Feedback from
Consolidated
Plan Community
survey and
stakeholder
meetings.

Community
Services
High Greater provision of
community services
including fair
housing,
landlord/tenant
mediation, and legal
services
Low- and
moderate-income
renters and
landlords.

No geographic
areas targeted.

Community
Funding/Public
Services

Fair Housing
Feedback from
Consolidated
Plan Community
survey and
stakeholder
meetings.
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Community,
Public, and
Neighborhood
Sustainability
Low Preservation,
revitalizing, and
maintenance of
neighborhoods.

All geographic
areas are
targeted.

Public
Improvements
Feedback from
Consolidated
Plan Community
survey and
stakeholder
meetings.

Economic
Development
High Create and retain
jobs and encourage
businesses etc. to
provide educational
and job readiness.

People of low to
moderate income,
microenterprises
and small
businesses
Community
Funding/Public
Services
Feedback from
Consolidated
Plan Community
survey and
stakeholder
meetings.

Narrative (Optional)
466
Item # 14.

Consolidated Plan MILPITAS 78
OMB Control No: 2506-0117 (exp. 07/31/2015)
SP-30 Influence of Market Conditions – 91.215 (b)
Influence of Market Conditions
Affordable
Housing Type
Market Characteristics that will influence
the use of funds available for housing type
Tenant Based
Rental Assistance
(TBRA)
As per the Needs Assessment, 12 percent of households in the city are severely cost burdened and pay more than 50 percent of their income toward housing costs.

TBRA for Non-
Homeless Special
Needs
Housing costs in the region continue to increase and be more burdensome for those with special needs. Housing affordability can help minimize the burden held by persons with special needs along with greater availability for supportive housing.

New Unit
Production
The State of California’s Housing and Community Development Department has established the current Regional Housing Needs Assessment (RHNA) for the City of Milpitas for the years 2014-2023. The city was allocated 3,290 units, of which 1,004 units for very-low income households, 570 to low income, 565 units to moderate and 1,151 units to above moderate-income households. This number is expected to close to 10,000 units in the next RHNA cycle.

Rehabilitation Over 60% of the housing stock in Milpitas was built before 1970, in which many will be due for repairs and rehabilitation work. The city’s CDBG funds will continue to fund organizations that complete repairs and rehabilitation for low and very low-income households.

Acquisition,
including
preservation
With a lack of vacant land and funding for new development, acquisition and preservation of the current housing stock is important to maintain the affordable housing stock.

Table 48 – Influence of Market Conditions

SP-35 Anticipated Resources - 91.215(a)(4), 91.220(c)(1,2) Introduction
467
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Consolidated Plan MILPITAS 79
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Anticipated Resources
Program Source of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder of
ConPlan

Narrative
Description Annual
Allocation
Program
Income
Prior Year
Resources
Total
CDBG public -
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public Services
$600,000 $8,959 $85,839.74 $694,798.74 $1,105,201.26
Table 49 - Anticipated Resources

Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied Not applicable, the City does not match federal funds.

If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan There are two parcels controlled by the City. One parcel, located at 1432 S. Main Street, is owned by Milpitas Housing Authority and is approximately 0.9 acres in size. Currently the parcel is occupied by commercial tenants, but the land is zoned as high-density multi-family residential. The other parcel, approximately 1.7 acres, is located adjacent to the Milpitas Housing Authority property and is owned by the City of Milpitas. That City parcel is also occupied by commercial business but is also zoned for multi- family residential use. In January 2022, the City Council directed staff to sell the parcel owned by the Milpitas Housing Authority with the intent that the buyer will develop affordable housing.

Discussion
See above
SP-40 Institutional Delivery Structure – 91.215(k)
Explain the institutional structure through which the jurisdiction will carry out its consolidated plan including private industry, non-profit organizations, and public institutions.

Responsible Entity Responsible
Entity Type
Role Geographic
Area Served
468
Item # 14.

Consolidated Plan MILPITAS 80
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City of Milpitas Government
Economic Development, Homelessness, Non-
homeless, special needs, Ownership, Planning,
Rental Neighborhood improvements, Public
facilities, Public Services
Jurisdiction
County of Santa Clara Office
of Supportive Housing
Continuum
of Care
Homelessness, Non-homeless, Special Needs,
Planning Region
Project Sentinel Non-profit Planning, Rental Region
SCCHA PHA Ownership, Public Housing Rental Region
The Health Trust Non-profit Public Services Region
SV Independ. Living Center Non-profit Public Services Region Catholic Charities Non-profit Public Services Region
Rebuilding Together SV Non-profit Public Services Region Abode Services, Inc. Non-profit Homelessness Region
Next Door Solutions to DV Non-profit Public Services Region YWCA Non-profit Public Services Region

Assess of Strengths and Gaps in the Institutional Delivery System The delivery structure is established to provide social services to the community. Current strengths of the system include its ability to reach seniors, children and youth, and victims of domestic violence. The system has gaps in assisting the homeless and those most at-risk of homelessness. Currently, there are no homeless shelters located within the City limits. The closest shelter is more than 10 miles away in downtown San Jose. The system also lacks in providing adequate resources for those most at risk of experiencing homelessness. While the city has made strides to enhance that section of the delivery system, a substantial investment must be made to prevent those most at risk of homelessness from experiencing homelessness.

Availability of services targeted to homeless persons and persons with HIV and mainstream services
Homelessness Prevention
Services
Available in the
Community
Targeted to
Homeless
Targeted to People
with HIV
Homelessness Prevention Services
Counseling/Advocacy X X
Legal Assistance
Mortgage Assistance
Rental Assistance
Utilities Assistance
Street Outreach Services
Law Enforcement X X
Mobile Clinics X X
Other Street Outreach Services X X
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Supportive Services
Alcohol & Drug Abuse
Child Care
Education
Employment and Employment
Training

Healthcare

HIV/AIDS
Life Skills
Mental Health Counseling X X
Transportation
Other
Other
Table 50 - Homeless Prevention Services Summary

Describe how the service delivery system including, but not limited to, the services listed above meet the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) Currently, there are no homeless shelters located within the City limits. The closest shelter is more than 10 miles away in downtown San Jose. The system also lacks in providing adequate resources for those most at risk of experiencing homelessness. While the city has made strides to enhance that section of the delivery system, a substantial investment must be made to prevent those most at risk of homelessness from experiencing homelessness.

The City contracts with the County of Santa Clara’s Office of Supportive Housing to secure services from its Homeless Engagement and Assessment Team (HEAT). HEAT focuses on providing direct outreach services to Milpitas’ unhoused residents. The outreach results in the placement of our unhoused residents into the community queue for transitional housing opportunities in the long term and counseling, mental health, and other resources in the short term.

Describe the strengths and gaps of the service delivery system for special needs population and persons experiencing homelessness, including, but not limited to, the services listed above
Current strengths of the system include its ability to reach seniors, children and youth, and victims of domestic violence. The system has gaps in assisting the homeless and those most at-risk of homelessness. Currently, there are no homeless shelters located within the City limits. The closest shelter is more than 10 miles away in downtown San Jose. The system also lacks in providing adequate resources for those most at risk of experiencing homelessness. While the city has made strides to enhance that section of the delivery system, a substantial investment must be made to prevent those most at risk of homelessness from experiencing homelessness. 470
Item # 14.

Consolidated Plan MILPITAS 82
OMB Control No: 2506-0117 (exp. 07/31/2015)
Provide a summary of the strategy for overcoming gaps in the institutional structure and service delivery system for carrying out a strategy to address priority needs The City endeavors to connect with new service providers that can aid in filling gaps in the delivery system. However, the greatest need is to provide affordable housing opportunities. These opportunities are very few and far between. The 2020 County plan to end homelessness addresses the region’s strategy to house the unhoused population. As a regional approach, the County plan identifies a three part strategy: (1) Address the root causes of homelessness through system and policy change; (2) Expand homelessness prevention and housing programs to meet the need; and (3) Improve quality of life for unsheltered individuals and create healthy neighborhoods for all. With this strategy, the county estimates a 30% reduction in the annual inflow of people becoming homeless.

SP-45 Goals Summary – 91.215(a)(4)
Goals Summary Information
Sort
Order Goal Name Start
Year
End
Year Category Geographic
Area Needs Addressed Funding Goal Outcome
Indicator
1 Maintain and
Preserve Existing
Housing
2022 2025
Affordable
Housing Citywide
Affordable Housing
Development and
Preservation
N/A N/A Non-Homeless
Special Needs
2 New Affordable
Housing 2022 2025 Affordable
Housing Citywide
Affordable Housing
Development and
Preservation

N/A N/A
3 Affordable Housing
Rental
Rehabilitation
2022 2025
Non-Housing
Community
Development
Citywide
Affordable Housing
Development and
Preservation

N/A N/A
4 Community
Funding/Public
Services
2022 2025
Homeless
Citywide Community Services N/A N/A Non-Homeless
Special Needs
5 Public services for
low- and
moderate-income
residents at risk of
eviction
2022 2025
Homeless
Citywide Community Services N/A N/A
Non-Homeless
Special Needs
6 Fair Housing 2022 2025
Affordable
Housing Citywide Community Services N/A N/A Non-Homeless Special Needs
7 Public Services for
Children and Youth 2022 2025
Non-Homeless
Special Needs
Citywide Community Services N/A N/A Non-Housing
Community
Development
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Consolidated Plan MILPITAS 83
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8 Public Services for
Seniors 2022 2025
Non-Homeless
Special Needs
Citywide Community Services N/A N/A Non-Housing
Community
Development
9 Public Services for
Domestic Violence
support
2022 2025 Non-Homeless
Special Needs Citywide Community Services N/A N/A
10 Public
Improvements
including
accessibility and
improving public
facilities
2022 2025
Non-Housing
Community
Development
Citywide
Community, Public, and
Neighborhood
Sustainability

N/A N/A
11 Assist
Microenterprises
and Small
Businesses
2022 2025
Non-Housing
Community
Development
Citywide
Economic Development N/A N/A
12 Explore the use of
HUD Section 108
Loan Guarantee
Program
2022 2025
Affordable
Housing
Citywide
Community Services
N/A N/A Non-Housing
Community
Development
Economic Development
Table 51 – Goals Summary

Goal Descriptions
1 Goal Name Maintain and Preserve Existing Housing
Goal
Description N/A
2 Goal Name New Affordable Housing
Goal
Description Availability/Accessibility
3 Goal Name Affordable Housing Rental Rehabilitation
Goal
Description N/A
4 Goal Name Community Funding/Public Services
Goal
Description N/A
5 Goal Name Public services for low- and moderate-income residents at risk of eviction Goal
Description N/A
6 Goal Name Fair Housing
Goal
Description N/A
7 Goal Name Public Services for Children and Youth
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Consolidated Plan MILPITAS 84
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Goal
Description N/A
8 Goal Name Public Services for Seniors
Goal
Description N/A
9 Goal Name Public Services for Domestic Violence support Goal
Description N/A
10 Goal Name Public Improvements including accessibility and improving public facilities Goal
Description N/A
11 Goal Name Assist Microenterprises and Small Businesses Goal
Description N/A
12 Goal Name Explore the use of HUD Section 108 Loan Guarantee Program Goal
Description
Support activities that assist in addressing the Affordable Housing Development and Preservation& Economic Development goals with the use of Section 108 funds.

Estimate the number of extremely low-income, low-income, and moderate-income families to whom the jurisdiction will provide affordable housing as defined by HOME 91.315(b)(2) The City currently has approximately 300 affordable units in the development pipeline that are expected to be made available to lower income residents in Milpitas over the next 3-5 years.

473
Item # 14.

Consolidated Plan MILPITAS 85
OMB Control No: 2506-0117 (exp. 07/31/2015)
SP-50 Public Housing Accessibility and Involvement – 91.215(c) Need to Increase the Number of Accessible Units (if Required by a Section 504 Voluntary Compliance Agreement)
n/a
Activities to Increase Resident Involvements
n/a
Is the public housing agency designated as troubled under 24 CFR part 902? no
Plan to remove the ‘troubled’ designation
n/a

474
Item # 14.

Consolidated Plan MILPITAS 86
OMB Control No: 2506-0117 (exp. 07/31/2015)
SP-55 Barriers to affordable housing – 91.215(h)
Barriers to Affordable Housing
Along with other jurisdictions in Santa Clara County, the City of Milpitas is facing many obstacles in creating more affordable housing. The many constraints that the City is facing is the limited amount of developable land, government constraints, infrastructure and public facilities constraints, environmental, housing for persons with disabilities, and financing and construction costs.

Strategy to Remove or Ameliorate the Barriers to Affordable Housing Resolution No. 8523
The City adopted Resolution No. 8523 on February 2, 2016, which recognizes homelessness as a crucial problem in the County and will help contribute to future affordable housing projects that will house homeless.

Affordable Housing Ordinance
On June 12, 2018, the City Council adopted Affordable Housing Ordinance No. 297 which requires that any new development with 10 or more units must include 15% of the units these units as affordable.

The ordinance applies to both rental and ownership developments. In January 2022, Council approved changes to the Affordable Housing Ordinance to encourage more on-site affordable housing production.

Council also adopted changes to add clarity and consistency throughout the ordinance.

Density Bonus Ordinance
To attract developers to build affordable units, the Density Bonus Ordinance will allow developers the ability to build above their permitted densities in permitted zoning districts in exchange for the construction of affordable units.

Below Market Rate Ownership
The City manages a Below Market Rate (BMR) Ownership program for first-time, income-qualified homebuyers. Once a unit from the current BMR housing stock becomes available, a qualified applicant from the waiting list will have the ability to purchase a home in Milpitas at one of the various developments throughout the City. For qualified households, the City also provides a loan of up to $50,000.

Fair Housing
Milpitas provides CDBG funds to Project Sentinel. Project Sentinel is a reputable organization that provides expertise in fair housing and tenant-landlord dispute. Services include information, referrals, 475
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community outreach and education in several languages other than English, investigation, and resolving fair housing complaints. In addition, they provide education and outreach to property owners, and property management to become proactive in their housing policies.

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SP-60 Homelessness Strategy – 91.215(d)
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
In October 2020, the City Council endorsed the 2020-2025 Santa Clara County Plan to End Homelessness. On November 10, 2020, the City Council approved and authorized staff to enter into an agreement for homeless outreach, assessment, and street-based case management services with Santa Clara County. In December 2020, the City Council authorized staff to contract with Project WeHope to provide mobile shower and laundry services in Milpitas. The City Council also established a Homelessness Task Force, who will be responsible for providing low cost homeless response suggestions to the City Council. The City’s Building Safety and Housing team will continue to explore resources that can further benefit the homeless population in Milpitas.

The Santa Clara Office of Supportive Housing surveys homeless individuals every two years and writes strategic plans every five years, which involves extensive community engagement.

Addressing the emergency and transitional housing needs of homeless persons The City of Milpitas will address emergency shelter and transitional housing needs of homeless persons by continuing to coordinate services between the City’s Police, Building Safety & Housing, and Public Works Departments and our local service providers, such as LifeMoves.

CDBG Funded
• Next Door Solutions to Domestic Violence: Next Door Solutions to Domestic Violence provides client-centered, community-based supportive services for victims of domestic violence and his/her children. The organization also provides undisclosed emergency shelter when requested and needed by the individual and/or family.
• YWCA Silicon Valley (YWCA): YWCA Silicon Valley empowers women and her children to end racism and violence through offering supportive services for self-improvement and undisclosed emergency shelter for short-term to a longer amount of time if needed. YWCA also provides clients referrals to permanent housing if possible, and available.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again.

On November 10, 2020, the City Council approved and authorized staff to enter into an agreement for 477
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homeless outreach, assessment, and street-based case management services with Santa Clara County.

The assessment will place our residents in the Santa Clary County community queue, which is the pathway towards being placed in rapid rehousing, transitional or permeant affordable housing. On March 16, 2022, the City Council approved allocating $100,000 from the Federal American Rescue Plan Act funding to extend the homeless outreach, assessment, and street-based case management services contract for an additional year.

Help low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families who are likely to become homeless after being discharged from a publicly funded institution or system of care, or who are receiving assistance from public and private agencies that address housing, health, social services, employment, education or youth needs
As mentioned in the previous paragraph of CDBG funded programs related to emergency shelter, the City also funds organizations that take proactive measures in helping individuals in need of legal help, youth needs and concerns and fair housing so that he/she can become informed of his or her rights before the individual is forced into homelessness.

CDBG and City Local Funds
• Rent Relief Program: The Silicon Valley Independent Living Center has been administering the City’s Rent Relief Program, which offers low- and moderate-income residents no more than 3 months of rental assistance to prevent eviction, avoid community displacement, and to remain housed.
• Child Advocates of Silicon Valley: Child Advocates connect court appointed special advocates (CASAs) to foster children. These volunteers must make a commitment to the children for a long-term, many for his or her entire life. The consistent support of the CASA is often the only adult who has steadily remained with the child, providing crucial mentorship. • Seniors Adults Legal Assistance (SALA): SALA is committed to providing free-legal services to seniors. Legal services that SALA provides ranges from: public benefits, long-term care, alternatives to institutionalization, elder abuse, long-term care insurance, incapacity planning, probate, simple wills and housing – related to Landlord-Tenant issues. Often, many seniors do not know his or her housing rights or sign over the will of their house without knowing, and with fixed income, many are unable to provide legal help. SALA provides legal help free of charge for these low to extremely low-income seniors.

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SP-65 Lead based paint Hazards – 91.215(i)
Actions to address LBP hazards and increase access to housing without LBP hazards The County of Santa Clara has received funding from State’s Department of Health Service and Federal Government for Center for Disease Control to implement a Childhood Lead Poisoning Prevention Program. The funded programs include community outreach screen, case management and public education to inform low-to-moderate income and older communities. The project will then follow up with environmental testing, lead-based education, blood-lead testing for children, hazard reduction grants and follow up with monitoring and testing.

Milpitas has adopted a Lead-Based Paint Management Plan which complies with HUD Based Paint regulations, which outlines the required states of abatement and remediation for rehabilitation projects. In addition, the City publicize and identifies lead-based hazards and older residential projects through its Code Enforcement Division and Building Department. In addition, projects undergoing rehabilitation, under the City’s Rehabilitation, provides technical assistance and abatement of lead- based paints.

How are the actions listed above related to the extent of lead poisoning and hazards? Fifty-five percent of owner-occupied homes in Milpitas were built prior to 1970, the period of time identified as using lead-based paint.

How are the actions listed above integrated into housing policies and procedures? Milpitas has adopted a Lead-Based Paint Management Plan which complies with HUD Based Paint regulations, which outlines the required states of abatement and remediation for rehabilitation projects.

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SP-70 Anti-Poverty Strategy – 91.215(j)
Jurisdiction Goals, Programs and Policies for reducing the number of Poverty-Level Families The City of Milpitas will follow these actions:
• Work with non-profit housing developers to fund and provide more affordable housing opportunities to address the homeless problem and needs of very low and low-income households.
• Provide funding and supportive services to prevent very low-income persons and families from becoming homeless and assist them in ending the cycle of homelessness. • Address the employment and income needs of individuals and families who are economically disadvantaged, including persons who are homeless, who have disabilities, and those who are participating in the County of Santa Clara Welfare-to-Work Programs. • Provide funding for a variety of services and referrals to assist people in obtaining access to public assistance to prevent poverty.
• Per Section 3, if there are HUD funded projects that can create direct economic opportunities must take every effort to recruit, target and directed towards low and very low-income residents and businesses.

How are the Jurisdiction poverty reducing goals, programs, and policies coordinated with this affordable housing plan
Many of the organizations the City contracts with regionally work to reduce poverty within the City. Our respective plan and missions are very well aligned to confront poverty. 480
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SP-80 Monitoring – 91.230
Describe the standards and procedures that the jurisdiction will use to monitor activities carried out in furtherance of the plan and will use to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements

The City enters into a subrecipient agreement with each subgrantee. The terms and conditions are in compliance with HUD regulations and approved by our City Attorney. Once per quarter, each subgrantee is to report their activities to the City. This has allowed the City to maintain a high integrity level with regards to monitoring our subgrantees and reporting our progress to HUD. 481
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City of Milpitas

ANNUAL ACTION PLAN
Fiscal Year 2022-2023

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Executive Summary
AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b)

1. Introduction
As of this writing, the City of Milpitas has yet to receive an initial Community Development Block Grant (CDBG) entitlement allocation. On December 24, 2021, the City announced that the application period for FY22-23 applications would be open from January 3, 2022 through February 18, 2022. Staff also designed a simplified application to streamline and increase efficiency of the process. Twenty-three (23) simplified applications with requests totaling over $2,500,000 were received during the application period. A full breakdown of these simplified applications is provided in the analysis section below.

Staff held two public outreach meetings during CAC meetings to provide a forum for the community to come provide feedback on their desired priorities for the Con Plan. On December 1, 2021, the CAC received a staff presentation on the results of the CDBG Consolidated Plan survey. On March 2, 2022, the CAC received a staff presentation on, as well an overview of, the 23 simplified applications received for CDBG funding. The Commission heard 19 comments from the applicants. Each Commissioner then provided their feedback on priorities and goals the Council should consider funding with CDBG funds.

Staff will conduct two public hearings with the community and City Council on April 5 and May 3, 2022.

2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan.

The objectives and outcomes identified in this Consolidated Plan to allocate CDBG funds and action taken by Annual Action Plan will be directed towards accomplishing the following priority housing and community development needs in Milpitas:
• Maintain and Preserve Existing Housing
• New Affordable Housing
• Affordable Housing Rental Rehabilitation
• Community Funding/Public Services
• Public services for low- and moderate-income residents at risk of eviction • Fair Housing
• Public Services for Children and Youth
• Public Services for Seniors
• Public Services for Domestic Violence support
• Public Improvements including accessibility and improving public facilities 483
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• Assist Microenterprises and Small Businesses
• Explore the use of HUD Section 108 Loan Guarantee Program

3. Evaluation of past performance
City of Milpitas has had successful implementation of all projects included in the plan. The projects have met all timeliness deadlines and have benefitted low- and moderate-income residents.

4. Summary of Citizen Participation Process and consultation process The City held a public meeting with the Community Advisory Commission (CAC) on March 2, 2022 to review applications and hear applicant presentations. The CAC made their recommendations for funding to the City Council. Nineteen (19) public comments were heard from prospective applicants summarizing their proposed activities and how their activities would benefit Milpitas residents.

On March 4, 2022, the City placed an advertisement in the Milpitas post for the April 5 and May 3, 2022 City Council meetings. The notice of public hearing is to review funding applications for the FY22-25 Consolidated Plan and FY22-23 CDBG funding year.

On April 1, 2022, the City posted the draft FY22-25 Consolidated Plan and draft FY22-23 Annual Action Plan on its website to provide opportunities for public comment. The documents were posted at this url:
http://www.ci.milpitas.ca.gov/milpitas/departments/federalprogram-community-development-block- grant-cdbg/

5. Summary of public comments
At the December 1, 2021 Community Advisory Commission meeting, staff provided a brief presentation on the fiscal year 2022-2025 CDBG Consolidated Plan process, including an overview of the results of the Consolidated Plan Community Survey, and a timeline of events for the upcoming fiscal year. Seven consultants from various public and private agencies that provide housing, health services, and other social services provided comments to the Commission. One member of the community provided public comment to the Commission in support of the services discussed during the meeting.

On March 2, 2022, the CAC received a staff presentation on, as well an overview of, the 23 simplified applications received for CDBG funding. The Commission heard 19 comments from the applicants. Each Commissioner then provided their feedback on priorities and goals the Council should consider funding with CDBG funds.

6. Summary of comments or views not accepted and the reasons for not accepting them N/A
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7. Summary
Following the requirements of the Citizen Participation Plan, the CAC made their recommendations for priority areas to be funded to the City Council on March 2, 2022. The City held public hearings on April 5 and May 3, 2022. A summary of public comments will be added at the conclusion of the hearings.

On April 1, 2022, the City posted the draft FY22-25 Consolidated Plan and the draft FY22-23 Annual Action Plan on its website to provide opportunities for public comment. The documents were posted at this url: http://www.ci.milpitas.ca.gov/milpitas/departments/federalprogram-community-development- block-grant-cdbg/
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PR-05 Lead & Responsible Agencies – 91.200(b)

1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source.

Agency Role Name Department/Agency

CDBG Administrator MILPITAS Building Safety & Housing
Table 1 – Responsible Agencies

Narrative (optional)
The City of Milpitas – Building Safety & Housing Department is the lead agency for the United States Department of Housing and Urban Development (HUD) entitlement program, Community Development Block Grant (CDBG).

Pursuant to the Department of Housing and Urban Development (HUD) funding requirements and in conformance with 24 CFR Part 91, Consolidated Submission for Community Planning and Development Programs, City of Milpitas has prepared and adopted the 2022-2023 Annual Action Plan. The Action Plan is submitted annually and describes the eligible programs, projects and activities to be undertaken with funds that are expected to be made available during the fiscal year 2022-2023 and their relationship to the City’s priorities and needs for housing, homelessness and community development laid out in the three-Year Consolidated Plan. The 2022-2023 Annual Action Plan will be the first year action plan under the new three year Consolidated Plan.

The City of Milpitas will submit its three-year Consolidated Plan (2022-2025) to HUD. The Consolidated Plan identifies the long-term goals and objectives achieved and consistent with the annual Action Plan Report. Included with the submission of the Action Plan is the Standard Form 424, Proposed Projects and Certifications as required the by Community Development Block Grant (CDBG) Program regulations.

The goals and objectives identified in the Milpitas Action Plan are in full compliance with the approved and adopted policies and procedures outlined in the Milpitas CDBG Citizen Participation Plan.

The public review and comments period for the Draft Annual Action Plan is April 1 – May 3, 2022.

The City of Milpitas has updated its Analysis of Impediments (AI) to Fair Housing Choice Report in 2016 in anticipation of the preparation for the future Consolidated Plan (2018-2023). The previous AI Report was adopted in 2011.

In May 2015, City of Milpitas General Plan Housing Element (2015-2023) was certified by State of California Department of Housing and Community Development (HCD). The Milpitas City Council reviewed and adopted its Housing Element on April 28, 2015. 486
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Consolidated Plan Public Contact Information
Robert Musallam, Housing Authority Administrator
City of Milpitas
455 E. Calaveras Blvd.

Milpitas, CA 95035
(408) 586-3275
[email protected]

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AP-10 Consultation – 91.100, 91.200(b), 91.215(l)

1. Introduction
The City of Milpitas requested a number of consultations with a multitude of stakeholders in the development of the Annual Action Plan. The City of Milpitas solicited comments and public input for 30 days for the draft Annual Action Plan. In addition, the City posted the public hearing notice on its website, sent an email to all CDBG applicants, the Community Advisory Commission, and other agencies or individuals who can further Citizen Participation. Public notices were sent out notifying the public hearings for the funding recommendations discussion to be held at the two scheduled City Council meetings. Additionally, an advertisement was posted in the Milpitas Post.

Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l))
The City participates in a weekly meeting with all local jurisdictions, which often includes the Housing Authority and HUD, to discuss housing cooperation. City staff continues to maintain dialogue with all service providers, public and private to enhance services or if the City can connect service providers for better coordination of service deliveries.

Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness.

The Santa Clara County Continuum of Care (CoC) is a multi-sector group of stakeholders guiding the implementation of the County’s housing and service system to meet the need and prevent and end homelessness. The CoC includes: 1) permanent housing, 2) emergency shelter with outreach and assessment services, 3) transitional housing with support services, and 4) prevention services. In 2020, the City of Milpitas participated in the preparation of the Community Plan to End Homelessness in Santa Clara County. The Plan identifies strategies to address the needs of homeless persons in the county. On October 6, 2020, the City Council endorsed the 2020-2025 Santa Clara County Community Plan to End Homelessness.

Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City of Milpitas does not receive Emergency Shelter Grant (ESG) funding however the City participates with the CoC to address homeless issues.
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2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities
Table 2 – Agencies, groups, organizations who participated

1 Agency/Group/Organization Project Sentinel
Agency/Group/Organization Type Service-Fair Housing
What section of the Plan was
addressed by Consultation?
Housing Need Assessment
Fair Housing
Briefly describe how the
Agency/Group/Organization was
consulted. What are the anticipated
outcomes of the consultation or
areas for improved coordination?
The surrounding organizations were contacted via email, Milpitas Post and City's website. A staff member from
Project Sentinel attended a community meeting to voice the needs on behalf the community and seek continued support for fair housing and tenant landlord mitigation services. The City will continue to support fair housing services.
2 Agency/Group/Organization Catholic Charities of Santa Clara County Long Term Care Ombudsman Program
Agency/Group/Organization Type Services-Elderly Persons What section of the Plan was
addressed by Consultation?
Housing Need Assessment
Non-Homeless Special Needs
Briefly describe how the
Agency/Group/Organization was
consulted. What are the anticipated
outcomes of the consultation or
areas for improved coordination?
The surrounding organizations were contacted via email, Milpitas Post and City's website. A staff member from
Catholic Charities attended to voice the need for those living in long term care.
3 Agency/Group/Organization Child Advocates of Silicon Valley Agency/Group/Organization Type Services-Children
What section of the Plan was
addressed by Consultation?
Non-Homeless Special Needs
Briefly describe how the
Agency/Group/Organization was
consulted. What are the anticipated
outcomes of the consultation or
areas for improved coordination?
The surrounding organizations were contacted via email, Milpitas Post and City's website. A staff member from Child Advocates attended to voice the need for the children in the foster care system.
4 Agency/Group/Organization Next Door Solutions to Domestic Violence Agency/Group/Organization Type Services - Victims
What section of the Plan was
addressed by Consultation?
Non-Homeless Special Needs
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Briefly describe how the
Agency/Group/Organization was
consulted. What are the anticipated
outcomes of the consultation or
areas for improved coordination?
The surrounding organizations were contacted via email, Milpitas Post and City's website. A staff member from Next Door Solutions to Domestic Violence attended to voice the need for services for family’s experience abuse.
5 Agency/Group/Organization Senior Adults Legal Assistance (SALA) Agency/Group/Organization Type Services-Elderly Persons What section of the Plan was
addressed by Consultation?
Non-Homeless Special Needs
Briefly describe how the
Agency/Group/Organization was
consulted. What are the anticipated
outcomes of the consultation or
areas for improved coordination?
The surrounding organizations were contacted via email, Milpitas Post and City's website. A staff member from SALA attended to voice the need for continuing legal services for senior persons.
6 Agency/Group/Organization Silicon Valley Independent Living Center Agency/Group/Organization Type Housing
Services – Interim Assistance (Rent Relief)
Services – Elderly Person
Services – Persons with Disabilities
Services – Homeless
What section of the Plan was
addressed by Consultation?
Housing Need Assessment
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Disproportionately Greater Need: Housing Cost Burdens
Briefly describe how the
Agency/Group/Organization was
consulted. What are the anticipated
outcomes of the consultation or
areas for improved coordination?
The surrounding organizations were contacted via email, Milpitas Post and City's website. A staff member from SVILC attended to voice the need for providing additional rent relief services as well as other housing needs and referrals to partner organizations.
7 Agency/Group/Organization YWCA
Agency/Group/Organization Type Services - Children
What section of the Plan was
addressed by Consultation?
Non-Homeless Special Needs
Briefly describe how the
Agency/Group/Organization was
consulted. What are the anticipated
outcomes of the consultation or
areas for improved coordination?
The surrounding organizations were contacted via email, Milpitas Post and City's website. A staff member from YWCA attended to voice the need for continued services for persons experiencing domestic abuse.
8 Agency/Group/Organization Rebuilding Together Silicon Valley Agency/Group/Organization Type Services - Housing
What section of the Plan was
addressed by Consultation?
Housing Need Assessment
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Briefly describe how the
Agency/Group/Organization was
consulted. What are the anticipated
outcomes of the consultation or
areas for improved coordination?
The surrounding organizations were contacted via email, Milpitas Post and City's website. A staff member from
Rebuilding Together Silicon Valley attended to voice the need for continued services for low-income home repairs.
9 Agency/Group/Organization Terrace Gardens Senior Housing, Inc.

Agency/Group/Organization Type Housing
Services - Housing
Services-Elderly Persons
What section of the Plan was
addressed by Consultation?
Non-Homeless Special Needs
Briefly describe how the
Agency/Group/Organization was
consulted. What are the anticipated
outcomes of the consultation or
areas for improved coordination?
The surrounding organizations were contacted via email, Milpitas Post and City's website. A staff member from
Terrace Gardens attended to voice the need for services for senior person(s).
10 Agency/Group/Organization LifeMoves
Agency/Group/Organization Type Housing
Services - Housing
Services - Homeless housing need assessment
What section of the Plan was
addressed by Consultation?
Homeless Needs - Chronically homeless
Homeless Needs - Families with children
Homeless Needs - Veterans
Briefly describe how the
Agency/Group/Organization was
consulted. What are the anticipated
outcomes of the consultation or
areas for improved coordination?
The surrounding organizations were contacted via email, Milpitas Post and City's website. A staff member from
LifeMoves attended to voice the need for continued services for the homeless populations they serve.

Identify any Agency Types not consulted and provide rationale for not consulting The City did not consult with nearby correctional facility or child welfare entities. The organization has various partnerships with the County and the City works with those organizations indirectly through the several partnerships through the County and sub-recipients funded and outlined in this Action Plan.

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Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan?
Continuum of
Care Regional Continuum of Care Council
The Continuum of Care works to alleviate the impact of
homelessness in the community through the
cooperation and collaboration of social service
providers. This effort aligns with the Strategic Plan's goal to support activities to prevent and end homelessness.

City of Milpitas
Housing Element City of Milpitas
The Housing Element serves as a policy guide to help the City meet its existing and future housing needs. This
effort aligns with the Strategic Plan's goal to assist in the creation and preservation of affordable housing.

Table 3 – Other local / regional / federal planning efforts

Narrative (optional)

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AP-12 Participation – 91.105, 91.200(c)

1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal setting The citizen participation process includes holding several public community meetings and workshops for maximum citizen participation. City staff worked closely with the City’s Community Advisory Commission (CAC) holding two public meetings for the Commission and community to understand and participate in the CDBG process. The CAC held public meetings on December 1, 2022 and March 2, 2022 to discuss the priorities and goals for the FY22-25 Consolidated Plan and funding allocations for the FY22-23 Annual Action Plan.

The City conducted 5 total meetings to discuss CDBG allocations, 2 of which were public hearings.

Noticing for the public hearings were done in accordance with the Citizen Participation Plan, which has been amended in accordance with HUD guidelines.

At the December 1, 2021 Community Advisory Commission meeting, staff provided a brief presentation on the fiscal year 2022-2025 CDBG Consolidated Plan process, including an overview of the results of the Consolidated Plan Community Survey, and a timeline of events for the upcoming fiscal year. Seven consultants from various public and private agencies that provide housing, health services, and other social services provided comments to the Commission. One member of the community provided public comment to the Commission in support of the services discussed during the meeting.

On March 2, 2022, the CAC received a staff presentation on, as well an overview of, the 23 simplified applications received for CDBG funding. The Commission heard 19 comments from the applicants. Each Commissioner then provided their feedback on priorities and goals the Council should consider funding with CDBG funds. One public comment requested consideration for disabled individuals when considering upgrades to the City’s parks.

On April 1, 2022, the City posted the draft FY22-25 Consolidated Plan and the draft FY22-23 Annual Action Plan on its website to provide opportunities for public comment. The documents were posted at this url: http://www.ci.milpitas.ca.gov/milpitas/departments/federalprogram-community-development- block-grant-cdbg/

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Citizen Participation Outreach
Sort Order Mode of
Outreach
Target of
Outreach
Summary of
response/
attendance
Summary of
comments
received
Summary of
comments
not
accepted
and reasons
URL (If applicable)
1 News-paper ad Non-targeted/broad
community
Opening the
application
period
No comments were
received n/a
2 Internet/Social
Media Outreach
Broad community 32 responses The City created a
Consolidated Plan
community survey to
obtain citizen and
stakeholder input and
comments for the
development of the
Consolidated Plan. A total
of 32 responses were
received.
https://www.ci.milpitas.
ca.gov/wp-
content/uploads/2021/1
2/2022-2025-
community-
development-block-
grant_results.pdf

3 Public Meeting
(CAC)
Non-targeted/broad
community 20 Attendees
Seven consultants from
various public and private
agencies that provide
housing, health services,
and other social services
provided comments to
the Commission. One
member of the
community provided
public comment to the
Commission in support of
the services discussed
during the meeting.
n/a
4 Public Meeting
(CAC)
Non-targeted/broad
community 10 Attendees No comments were
received n/a
5 Public Meeting
(CAC)
Non-targeted/broad
community 30 Attendees
The Commission heard 19
comments from the
applicants. Each
Commissioner then
provided their feedback
on priorities and goals the
Council should consider
funding with CDBG funds.

One public comment
requested consideration
for disabled individuals
when considering
upgrades to the City’s
parks.
n/a
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Sort Order Mode of
Outreach
Target of
Outreach
Summary of
response/
attendance
Summary of
comments
received
Summary of
comments
not
accepted
and reasons
URL (If applicable)
6 News-paper
ad/website
Non-targeted/broad
community
Public Hearing
Notice for City
Council
Meetings
No comments were
received
n/a

7 City Council
Meeting
Public Hearing
Non-targeted/broad
community n/a n/a n/a
8 Website Non-targeted/Broad
community Draft AAP n/a n/a
9 City Council
Meeting
Public Hearing
Non-targeted/broad
community n/a n/a n/a

Table 4 – Citizen Participation Outreach

Expected Resources
AP-15 Expected Resources – 91.220(c)(1,2)
Introduction
The City of Milpitas will receive $682,977 for Program Year 2021 in CDBG funds.

Anticipated Resources
Program Source of
Funds
Uses of Funds Expected Amount Available Year 1 Expected Amount
Available
Remainder of
ConPlan

Narrative
Description Annual
Allocation
Program
Income
Prior Year
Resources
Total
CDBG public -
federal
Acquisition
Admin and
Planning
Economic
Development
Housing
Public
Improvements
Public Services
$600,000 $8,959 $85,839.74 $694,798.74 $1,105,201.26

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Table 5 - Expected Resources – Priority Table

Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied Not applicable, the City does not match federal funds.

If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan There are two parcels controlled by the City. One parcel, located at 1432 S. Main Street, is owned by Milpitas Housing Authority and is approximately 0.9 acres in size. Currently the parcel is occupied by commercial tenants, but the land is zoned as high-density multi-family residential. The other parcel, approximately 1.7 acres, is located adjacent to the Milpitas Housing Authority property and is owned by the City of Milpitas. That City parcel is also occupied by commercial business but is also zoned for multi- family residential use. In January 2022, the City Council directed staff to sell the parcel owned by the Milpitas Housing Authority with the intent that the buyer will develop affordable housing.

Discussion
Please see discussion above.
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Annual Goals and Objectives

AP-20 Annual Goals and Objectives
Goals Summary Information
Sort
Order Goal Name Start
Year
End
Year Category Geographic
Area Needs Addressed Funding Goal Outcome
Indicator
1 Maintain and
Preserve Existing
Housing
2022 2025
Affordable
Housing Citywide
Affordable Housing
Development and
Preservation
N/A N/A Non-Homeless
Special Needs
2 New Affordable
Housing 2022 2025 Affordable
Housing Citywide
Affordable Housing
Development and
Preservation

N/A N/A
3 Affordable Housing
Rental
Rehabilitation
2022 2025
Non-Housing
Community
Development
Citywide
Affordable Housing
Development and
Preservation

N/A N/A
4 Community
Funding/Public
Services
2022 2025
Homeless
Citywide Community Services N/A N/A Non-Homeless
Special Needs
5 Public services for
low- and
moderate-income
residents at risk of
eviction
2022 2025
Homeless
Citywide Community Services N/A N/A
Non-Homeless
Special Needs
6 Fair Housing 2022 2025
Affordable
Housing Citywide Community Services N/A N/A Non-Homeless Special Needs
7 Public Services for
Children and Youth 2022 2025
Non-Homeless
Special Needs
Citywide Community Services N/A N/A Non-Housing
Community
Development
8 Public Services for
Seniors 2022 2025
Non-Homeless
Special Needs
Citywide Community Services N/A N/A Non-Housing
Community
Development
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9 Public Services for
Domestic Violence
support
2022 2025 Non-Homeless
Special Needs Citywide Community Services N/A N/A
10 Public
Improvements
including
accessibility and
improving public
facilities
2022 2025
Non-Housing
Community
Development
Citywide
Community, Public, and
Neighborhood
Sustainability

N/A N/A
11 Assist
Microenterprises
and Small
Businesses
2022 2025
Non-Housing
Community
Development
Citywide
Economic Development N/A N/A
12 Explore the use of
HUD Section 108
Loan Guarantee
Program
2022 2025
Affordable
Housing
Citywide
Community Services
N/A N/A Non-Housing
Community
Development
Economic Development

Table 6 – Goals Summary

Goal Descriptions
1 Goal Name Maintain and Preserve Existing Housing
Goal
Description N/A
2 Goal Name New Affordable Housing
Goal
Description Availability/Accessibility
3 Goal Name Affordable Housing Rental Rehabilitation
Goal
Description N/A
4 Goal Name Community Funding/Public Services
Goal
Description N/A
5 Goal Name Public services for low- and moderate-income residents at risk of eviction Goal
Description N/A
6 Goal Name Fair Housing
Goal
Description N/A
7 Goal Name Public Services for Children and Youth
Goal
Description N/A
8 Goal Name Public Services for Seniors
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Goal
Description N/A
9 Goal Name Public Services for Domestic Violence support Goal
Description N/A
10 Goal Name Public Improvements including accessibility and improving public facilities Goal
Description N/A
11 Goal Name Assist Microenterprises and Small Businesses Goal
Description N/A
12 Goal Name Explore the use of HUD Section 108 Loan Guarantee Program Goal
Description
Support activities that assist in addressing the Affordable Housing Development and Preservation& Economic Development goals with the use of Section 108 funds.

Projects
AP-35 Projects – 91.220(d)
Introduction
The City of Milpitas only receives Community Development Block Grant (CDBG) funding. If available and recommended in certain circumstances, the City Council may also augment the funds and contribute from local funds, such as the Community Promotion Fund (CPF). All the funds mentioned, are in efforts to serve and improve the lives of low- and moderate-income persons in Milpitas.

Projects
# Project Name
1 Catholic Charities of Santa Clara County
2 Child Advocates of Silicon Valley
3 City of Milpitas (Technology for Seniors Program)
4 Hope for the Unhoused
5 Lighthouse of Hope Counseling Center
6 M.A.C.A
7 Next Door Solutions to Domestic Violence
8 PRAGNYA
9 Senior Adults Legal Assistance (SALA)
10 Silicon Valley Independent Living Center – Rent Relief 11 Silicon Valley Independent Living Center – Housing Search 12 Terrace Gardens Senior Housing - Capital
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13 YWCA Golden Gate Silicon Valley – DV Services
14 Rebuilding Together Silicon Valley - Capital
15 YWCA Golden Gate Silicon Valley – MUSD Partnership
16 LifeMoves - Capital
17 Milpitas Recreation and Community Services - Capital 18 Filipino American Chamber of Commerce Silicon Valley 19 Terrace Gardens Senior Housing - Senior Nutrition
20 Sourcewise
21 The Health Trust
22 City of Milpitas (Senior Nutrition Program)
23 Project Sentinel
24 Program Administration

Table 7 - Project Information

Describe the reasons for allocation priorities and any obstacles to addressing underserved needs
Allocation priorities are derived through qualitative research such as surveys, public meetings, public hearings and other avenues of resident input. The research has impacted the priority needs that address the most vulnerable population in our communities and the City Council has established the priorities to address those underserved needs. The main obstacle is the lack of available funding and lack of flexibility in CDBG funding. As only 15% of the grant is available for public service activities, this severely limits the use of funds on addressing high priority needs.

AP-38 Project Summary
Project Summary Information
1 Project Name Catholic Charities of Santa Clara County Target Area Citywide
Goals
Supported
Public Services for Seniors
Needs
Addressed
Community Services
Funding CDBG: $20,500
Description Investigate and resolve complaints for seniors and disabled adults in long term care facilities.

Target Date 6/30/2023
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Item # 14.

Annual Action Plan
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Estimate the
number and
type of
families that
will benefit
from the
proposed
activities
40 Location
Description
All long term care facilities in Milpitas.

Planned
Activities
Site visits to long term care facilities and nursing homes and provide with case management for those clients with open cases.
2 Project Name Child Advocates of Silicon Valley
Target Area Citywide
Goals
Supported
Public Services for Children and Youth
Needs
Addressed
Community Services
Funding CDBG: $14,000
Description Provides court appointed youths with volunteers to maintain life-long mentorship and guidance.

Target Date 6/30/2023
Estimate the
number and
type of
families that
will benefit
from the
proposed
activities
16 Location
Description
Milpitas, CA
Planned
Activities
Organization will recruit, train more volunteers and providing essential mentor and guidance for youth.
3 Project Name City of Milpitas (Technology for Seniors Program) Target Area Citywide
Goals
Supported
Public Services for Seniors
Needs
Addressed
Community Services
Funding CDBG: $10,000
Description The Technology for Seniors program will target seniors age 62+ who are needing continued support and education on technology such as Chromebooks, as a means to counter social isolation, and as a result, stay better "connected" to family, friends and Milpitas community-based activities, services and resources.

Target Date 6/30/2023
501
Item # 14.

Annual Action Plan
2022
20 OMB Control No: 2506-0117 (exp. 06/30/2018)
Estimate the
number and
type of
families that
will benefit
from the
proposed
activities
35 Location
Description
Milpitas Senior Center
Planned
Activities
Technology support for Seniors
4 Project Name Hope for the Unhoused
Target Area Citywide
Goals
Supported
Community Funding/Public Services
Needs
Addressed
Community Services
Funding CDBG: $15,000
Description The first program, Emergency Shelter Fund, would provide up to 100 nights for unhoused in critical need. The second program, our Clean-Up Fund, would provide for the costs associated with helping encampments cleanup their areas, by providing vehicles to transport garbage to the dump.

Target Date 6/30/2023
Estimate the
number and
type of
families that
will benefit
from the
proposed
activities
100
Location
Description
Citywide
Planned
Activities
Providing support for the homeless community
5 Project Name Lighthouse of Hope Counseling Center
Target Area Citywide
Goals
Supported
Community Funding/Public Services
Needs
Addressed
Community Services
Funding CDBG: $5,000
Description Lighthouse of Hope provides counseling, psychological support, and education to the entire community: families, homeless, adolescent fathers, and high school students onsite in their schools.

Target Date 6/30/2023
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Estimate the
number and
type of
families that
will benefit
from the
proposed
activities
23 Location
Description
Citywide
Planned
Activities
Psychological support, and education to the entire community: families, homeless, adolescent fathers, and high school students onsite in their schools. 6 Project Name M.A.C.A
Target Area Citywide
Goals
Supported
Community Funding/Public Services
Needs
Addressed
Community Services
Funding CDBG: $50,000
Description To foster and promote substance abuse prevention education to first, second, and third graders in the Milpitas Unified School District or Children Developmental Centers.

Target Date 6/30/2023
Estimate the
number and
type of
families that
will benefit
from the
proposed
activities
300
Location
Description
Citywide
Planned
Activities
To foster and promote substance abuse prevention education to first, second, and third graders in the Milpitas Unified School District or Children Developmental Centers. 7 Project Name Next Door Solutions to Domestic Violence Target Area Citywide
Goals
Supported
Community Funding/Public Services
Needs
Addressed
Public Services for Domestic Violence support
Funding CDBG: $28,120
Description Next Door Solutions to Domestic Violence is a nonprofit, multi-cultural agency dedicated to providing proactive and progressive solutions to domestic violence. Next Door Solutions provides peer counseling, advocacy, legal help and support groups.

Additionally, Next Door Solutions to Domestic Violence provides safe emergency shelter to victims of domestic violence and their children within a confidential and protected environment.
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Target Date 6/30/2023
Estimate the
number and
type of
families that
will benefit
from the
proposed
activities
58 Location
Description
The office is located in San Jose.

Planned
Activities
Domestic violence services
8 Project Name Pragnya
Target Area Citywide
Goals
Supported
Community Funding/Public Services
Needs
Addressed
Community Services
Funding CDBG: $50,000
Description The Pragnya Enrichment program caters to children, youth and adults with developmental and intellectual disabilities(ID/DD).

Target Date 6/30/2023
Estimate the
number and
type of
families that
will benefit
from the
proposed
activities
200
Location
Description
Citywide
Planned
Activities
Support children, youth and adults from the Special Needs community 9 Project Name Senior Adults Legal Assistance (SALA)
Target Area Citywide
Goals
Supported
Public Services for Seniors
Needs
Addressed
Community Services
Funding CDBG: $12,600
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Description Legal services in the form of advice/referrals, consultations/brief service, and legal representation will be provided to Milpitas elders in areas of law common to SALA’s target population including, but not limited to, the following: Public Benefits (Social Security, SSI, Medicare, and Medi-Cal); Nursing Homes and Alternatives to Institutionalization (including Advance Directives); Elder Abuse; Housing Law, Consumer Problems; and Personal Affairs (including Simple Wills through SALA's No Fee Wills Panel). SALA will provide services through on-site appointments scheduled at intake days at least once a month at the Barbara Lee (Milpitas) Senior Center. Home visits will be made to elders in Milpitas who are homebound or who reside in nursing homes. Milpitas residents with urgent problems will also be served on an emergency basis by telephone.

Milpitas residents who appear at SALA intake sites in other cities will also be served.

SALA will also conduct one community education presentation annually for the participants at the Milpitas Senior Center. All services described herein will be provided by one of the attorneys on SALA’s staff, a pro bono (volunteer) attorney, or a paralegal (either paid staff or volunteer).

Target Date 6/30/2023
Estimate the
number and
type of
families that
will benefit
from the
proposed
activities
20 Location
Description
At their San Jose office, Milpitas Senior Center and Milpitas Library.

Planned
Activities
Legal assistance, including advising and counseling on basic rights. Facilitation access to public benefits to meet basic life needs and legal planning. 10 Project Name Silicon Valley Independent Living Center - Rent Relief Target Area Citywide
Goals
Supported
Public services for low and moderate income residents at risk of eviction Needs
Addressed
Community Services
Funding $300,000.00
Description Direct aid to the Rent Relief Program
Target Date 6/30/2023
Estimate the
number and
type of
families that
will benefit
from the
proposed
activities
230
Location
Description
Throughout Milpitas
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Annual Action Plan
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Planned
Activities
Providing rental assistance to LMC Milpitas residents at risk of eviction due to COVID-19. 11 Project Name Silicon Valley Independent Living Center - Housing Search Target Area Citywide
Goals
Supported
Community Funding/Public Services
Needs
Addressed
Community Services
Funding $300,000.00
Description The Housing & Support Services for Persons with Disabilities & Older Adults program is the most utilized service with over 75% of consumers requesting and receiving housing assistance, rent relief, and/or other emergency services.

Target Date 6/30/2023
Estimate the
number and
type of
families that
will benefit
from the
proposed
activities
60 Location
Description
Housing search assistance for Milpitas residents
Planned
Activities
Providing rental assistance to LMC Milpitas residents at risk of eviction due to COVID-19. 12 Project Name Terrace Gardens Senior Housing - Capital Target Area Citywide
Goals
Supported
Affordable Housing Rental Rehabilitation
Needs
Addressed
Affordable Housing Rental Rehabilitation
Funding CDBG: $20,000
Description Rehab the existing trellis at Terrace Gardens.

Target Date 6/30/2023
Estimate the
number and
type of
families that
will benefit
from the
proposed
activities
184
Location
Description
186 Beresford Court
Planned
Activities
Funding will be used to rehab the existing trellis at Terrace Gardens. 13 Project Name YWCA Silicon Valley
Target Area Citywide
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Item # 14.

Annual Action Plan
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Goals
Supported
Public Services for Domestic Violence support
Needs
Addressed
Community Services
Funding CDBG: $26,000
Description Provide residents of the City of Milpitas domestic violence supportive services.

Target Date 6/30/2023
Estimate the
number and
type of
families that
will benefit
from the
proposed
activities
65 Location
Description
YWCA Office in San Jose
Planned
Activities
Activities include emergency shelter, basic needs, including food and clothing, case management, and safety.
14 Project Name Rebuilding Together Silicon Valley
Target Area Citywide
Goals
Supported
Maintain and Preserve Existing Housing
Needs
Addressed
Affordable Housing Development and Preservation
Funding CDBG: $280,462.75
Description Funding to providing home repairs, rehabilitation, accessibility and mobility services work to low-income homeowners in Milpitas.

Target Date 6/30/2023
Estimate the
number and
type of
families that
will benefit
from the
proposed
activities
50 Location
Description
Throughout Milpitas
Planned
Activities
Funding to providing home repairs, rehabilitation, accessibility and mobility services work to low-income homeowners in Milpitas.
15 Project Name YWCA Silicon Valley - MUSD Partnership
Target Area Citywide
Goals
Supported
Public Services for Domestic Violence support
Needs
Addressed
Community Services
Funding CDBG: $44,000
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Annual Action Plan
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Description YWCA Silicon Valley will provide intimate partner violence prevention and sexual assault prevention education to students.

Target Date 6/30/2023
Estimate the
number and
type of
families that
will benefit
from the
proposed
activities
500
Location
Description
At an MUSD campus identified as having students from predominantly LMI households.

Planned
Activities
Activities include education, workshops, and awareness events 16 Project Name LifeMoves - Capital
Target Area Citywide
Goals
Supported
Public Improvements including accessibility and improving public facilities Needs
Addressed
Community Services
Funding CDBG: $400,000
Description Performing repairs to Julian Street Inn Shelter.

Target Date 6/30/2023
Estimate the
number and
type of
families that
will benefit
from the
proposed
activities
105
Location
Description
The shelter is located in San Jose
Planned
Activities
Performing repairs to Julian Street Inn Shelter.
17 Project Name Milpitas Recreation & Community Services - Capital Target Area Citywide
Goals
Supported
Public Improvements including accessibility and improving public facilities Needs
Addressed
Community Services
Funding CDBG: $1,000,000
Description City park improvements are needed for public safety and ADA accessibility Target Date 6/30/2023
508
Item # 14.

Annual Action Plan
2022
27 OMB Control No: 2506-0117 (exp. 06/30/2018)
Estimate the
number and
type of
families that
will benefit
from the
proposed
activities
2000
Location
Description
Citywide
Planned
Activities
Performing upgrades to the City's Parks
18 Project Name Filipino American Chamber of Commerce
Target Area Citywide
Goals
Supported
Assist Microenterprises and Small Businesses
Needs
Addressed
Economic Development
Funding CDBG: $20,000
Description Provide hands on training for microenterprise owners on how to create and/or revamp their websites and create marketing strategies.

Target Date 6/30/2023
Estimate the
number and
type of
families that
will benefit
from the
proposed
activities
20 Location
Description
Filipino American Chamber of Commerce
Planned
Activities
Provide hands on training for small business owners on how to create and/or revamp their websites and create marketing strategies.
19 Project Name Terrace Gardens Senior Housing - Senior Nutrition Target Area Citywide
Goals
Supported
Public Services for Seniors
Needs
Addressed
Community Services
Funding CDBG: $42,000
Description The project proposed will provide meal delivery to residents, rather than dinner being held in the dining room. Additionally, cleaning supplies and PPE will be purchased to keep up with necessary sanitation practices for our at-risk seniors Target Date 6/30/2023
509
Item # 14.

Annual Action Plan
2022
28 OMB Control No: 2506-0117 (exp. 06/30/2018)
Estimate the
number and
type of
families that
will benefit
from the
proposed
activities
184
Location
Description
186 Beresford Court
Planned
Activities
Funding will be used for meal delivery to residents, rather than dinner being held in the dining room, to keep proper social distancing.
20 Project Name Sourcewise - Meals on Wheels
Target Area Citywide
Goals
Supported
Public Services for Seniors
Needs
Addressed
Community Services
Funding CDBG: $39,000
Description Provide vulnerable seniors age 60 and older who have been impacted by the pandemic nutritious home‐delivered meals.

Target Date 6/30/2023
Estimate the
number and
type of
families that
will benefit
from the
proposed
activities
50 Location
Description
At each of the client's home.

Planned
Activities
Provide seniors with daily healthy, hot meals.
21 Project Name The Health Trust
Target Area Citywide
Goals
Supported
Public Services for Seniors
Needs
Addressed
Community Services
Funding CDBG: $60,000
Description The Health Trust Meals on Wheels program serves physically challenged, home-bound individuals, whether they are elderly, are recuperating after a recent hospitalization, or have disabilities confining them to a wheelchair. Trained drivers, most of whom are volunteers, deliver hot, nutritious meals five days a week along with frozen meals for preparation over the weekend. Drivers also provide daily wellness checks, making sure that clients are safe, alert and cared for. This service provides peace of mind not only to the clients, but also to their families.
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Item # 14.

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Target Date 6/30/2023
Estimate the
number and
type of
families that
will benefit
from the
proposed
activities
35 Location
Description
At each of the client's home.

Planned
Activities
Provide seniors with daily healthy, hot meals.
22 Project Name City of Milpitas (Senior Nutrition Program) Target Area Citywide
Goals
Supported
Public Services for Seniors
Needs
Addressed
Community Services
Funding CDBG: $61,900
Description Request for funding to support excess senior meals to Milpitas seniors (over the budgeted 77 average per day) as a result of the increased food security need related to the pandemic.

Target Date 6/30/2023
Estimate the
number and
type of
families that
will benefit
from the
proposed
activities
200
Location
Description
Milpitas Senior Center
Planned
Activities
Provide seniors with daily healthy, hot meals.
23 Project Name Project Sentinel (Fair Housing)
Target Area Citywide
Goals
Supported
Fair Housing
Needs
Addressed
Community Services
Funding CDBG: $56,290
511
Item # 14.

Annual Action Plan
2022
30 OMB Control No: 2506-0117 (exp. 06/30/2018)
Description Project Sentinel is a private nonprofit agency providing fair housing, tenant-landlord counseling and dispute resolution services to the City of Milpitas. In addition to counseling and case intake, education and outreach activities will be ongoing. Outreach activity includes: the publication of Rent Watch, a rental housing advice column; distribution of brochures, radio public service announcements and public presentations and workshops. Presentations and workshops are provided to a wide spectrum of the community: ESL classes at local schools; civic groups like the Rotary and Lions; social service agencies like Catholic Charities and Next Door Solutions; municipal offices such as the Senior Center and Community Center; housing provider associations such as the Apartment Owners Association (AOA). Program services are delivered by designated staff in the agency's Fremont office using a local Milpitas phone line and by staff in the agency's main office at 1490 El Camino Real, Santa Clara. Office hours for counseling and case intake are from 9:00 am to 4:00 pm, Monday through Friday. Evening and week-end appointments are provided when necessary. Tenant-Landlord counseling/Dispute Resolution includes all areas of concern in rental housing; however, evictions and substandard housing complaints receive priority attention. Mediations and conciliations are conducted by trained staff and volunteers. Services are delivered in a neutral, unbiased manner to all parties engaged in the rental housing relationship. Fair Housing services of community education, and complaint investigation are provided from the corporate office and other public facilities within the City of Milpitas (library, community center). HUD-certified mortgage default counseling and First Time Homebuyer workshops are open to Milpitas residents. These services are provided from Project Sentinel's office at the Milpitas Sobrato Center.

Target Date 6/30/2023
Estimate the
number and
type of
families that
will benefit
from the
proposed
activities
320
Location
Description
At various venues in Milpitas and also their Santa Clara office.

Planned
Activities
Provide educational presentations, outreach, and brochures at a variety of venues.

Provide information and referral services and investigate cases of alleged discrimination. 24 Project Name Program Administration
Target Area Citywide
Goals
Supported
Program Administration
Needs
Addressed
Program Administration
Funding CDBG: $TBD
Description Program Administration
Target Date 6/30/2023
512
Item # 14.

Annual Action Plan
2022
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Estimate the
number and
type of
families that
will benefit
from the
proposed
activities
Program Administration
Location
Description
Milpitas, CA
Planned
Activities
Program Administration

513
Item # 14.

Annual Action Plan
2022
32 OMB Control No: 2506-0117 (exp. 06/30/2018)
AP-50 Geographic Distribution – 91.220(f)
Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed Not applicable. The City of Milpitas does not set geographic concentration areas for assistance. Instead the City helps fund organizations that provide supportive services to low- and moderate-income individuals throughout the City.

Geographic Distribution
Target Area Percentage of Funds

Table 8 - Geographic Distribution

Rationale for the priorities for allocating investments geographically Not applicable

Discussion
Not applicable

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Annual Action Plan
2022
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Affordable Housing
AP-55 Affordable Housing – 91.220(g)
Introduction
The City adopted Affordable Housing Ordinance No. 297 on June 12, 2018. The Affordable Housing Ordinance requires that all new developments over 10 units requires 15% affordable units. On March 5, 2019, the City established residential and non-residential affordable housing fees. In January 2022, Council approved changes to the Affordable Housing Ordinance to encourage more on-site affordable housing production. Council also adopted changes to add clarity and consistency throughout the ordinance.

One Year Goals for the Number of Households to be Supported Homeless 50
Non-Homeless 200
Special-Needs 1,000
Total 1,250
Table 9 - One Year Goals for Affordable Housing by Support Requirement

One Year Goals for the Number of Households Supported Through Rental Assistance 50
The Production of New Units 0
Rehab of Existing Units 42
Acquisition of Existing Units 0
Total 92
Table 10 - One Year Goals for Affordable Housing by Support Type Discussion
The City estimates that over 300 affordable units are currently in the development pipeline. These will be built as stand-alone affordable housing and as mixed-income housing in compliance with the City's Affordable Housing Ordinance.

515
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AP-60 Public Housing – 91.220(h)
Introduction
The City of Milpitas currently does not have any public housing. However, there is one Project-based Section 8 property in the City, the Sunnyhills Apartments. The Sunnyhills Apartments is a 171-unit development in which 149 units receive project-based Section 8 vouchers. The Project-based Section 8 vouchers provides rental assistance for each unit between the Department of Housing and Urban Development (HUD) established Fair Market Rent (FMR) for the area and what the tenant can afford to pay. Its aim is to be competitive with the local market thus incentivizing the owner to rent to low income households.

Actions planned during the next year to address the needs to public housing This is not applicable to the City of Milpitas as there are no public housing units owned or managed by the Housing Authority of the County of Santa Clara in the City.

Actions to encourage public housing residents to become more involved in management and participate in homeownership
Not applicable. There are no public housing units in the City of Milpitas.

If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance
Not applicable.

Discussion
Not applicable.

516
Item # 14.

Annual Action Plan
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AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction
The County of Santa Clara and the City have designated homelessness as a critical issue. Although the total homeless population is declining as a whole, there still remains 7,394 homeless persons. In Santa Clara County’s 2019 Point-in-Time Census & Survey Comprehensive Report, the survey identified a total of 125 unsheltered homeless persons in Milpitas. Notably, there was an 89% increase in unsheltered homeless persons in Milpitas. Given the complexity of homelessness, interagency and interregional collaboration is crucial in solving the homeless issue.

Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
In October 2020, the City Council endorsed the 2020-2025 Santa Clara County Plan to End Homelessness. On November 10, 2020, the City Council approved and authorized staff to enter into an agreement for homeless outreach, assessment, and street-based case management services with Santa Clara County. In December 2020, the City Council authorized staff to contract with Project WeHope to provide mobile shower and laundry services in Milpitas. The City Council also established a Homelessness Task Force, who will be responsible for providing low cost homeless response suggestions to the City Council. The City’s Building Safety and Housing team will continue to explore resources that can further benefit the homeless population in Milpitas.

Addressing the emergency shelter and transitional housing needs of homeless persons The City of Milpitas will address emergency shelter and transitional housing needs of homeless persons by continuing to coordinate services between the City’s Police, Building Safety & Housing, and Public Works Departments and our local service providers, such as LifeMoves.

CDBG Funded
• Next Door Solutions to Domestic Violence: Next Door Solutions to Domestic Violence provides client-centered, community-based supportive services for victims of domestic violence and his/her children. The organization also provides undisclosed emergency shelter when requested and needed by the individual and/or family.
• YWCA Silicon Valley (YWCA): YWCA Silicon Valley empowers women and her children to end racism and violence through offering supportive services for self-improvement and undisclosed emergency shelter for short-term to a longer amount of time if needed. YWCA also provides clients referrals to permanent housing if possible, and available.

Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent 517
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housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
On November 10, 2020, the City Council approved and authorized staff to enter into an agreement for homeless outreach, assessment, and street-based case management services with Santa Clara County.

The assessment will place our residents in the Santa Clary County community queue, which is the pathway towards being placed in rapid rehousing, transitional or permeant affordable housing. On March 16, 2022, the City Council approved allocating $100,000 from the Federal American Rescue Plan Act funding to extend the homeless outreach, assessment, and street-based case management services contract for an additional year.

Helping low-income individuals and families avoid becoming homeless, especially extremely low- income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs.

As mentioned in the previous paragraph of CDBG funded programs related to emergency shelter, the City also funds organizations that take proactive measures in helping individuals in need of legal help, youth needs and concerns and fair housing so that he/she can become informed of his or her rights before the individual is forced into homelessness.

CDBG and City Local Funds
• Rent Relief Program: The Silicon Valley Independent Living Center has been administering the City’s Rent Relief Program, which offers low- and moderate-income residents no more than 3 months of rental assistance to prevent eviction, avoid community displacement, and to remain housed.
• Child Advocates of Silicon Valley: Child Advocates connect court appointed special advocates (CASAs) to foster children. These volunteers must make a commitment to the children for a long-term, many for his or her entire life. The consistent support of the CASA is often the only adult who has steadily remained with the child, providing crucial mentorship. • Seniors Adults Legal Assistance (SALA): SALA is committed to providing free-legal services to seniors. Legal services that SALA provides ranges from: public benefits, long-term care, alternatives to institutionalization, elder abuse, long-term care insurance, incapacity planning, probate, simple wills and housing – related to Landlord-Tenant issues. Often, many seniors do not know his or her housing rights or sign over the will of their house without knowing, and with fixed income, many are unable to provide legal help. SALA provides legal help free of charge for 518
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these low to extremely low-income seniors.

Discussion
Please see discussion above.

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AP-75 Barriers to affordable housing – 91.220(j)
Introduction:

Along with other jurisdictions in Santa Clara County, the City of Milpitas is facing many obstacles in creating more affordable housing. The many constraints that the City is facing is the limited amount of developable land, government constraints, infrastructure and public facilities constraints, environmental, housing for persons with disabilities, and financing and construction costs.

Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment
Resolution No. 8523
The City adopted Resolution No. 8523 on February 2, 2016, which recognizes homelessness as a crucial problem in the County and will help contribute to future affordable housing projects that will house homeless.

Affordable Housing Ordinance
On June 12, 2018, the City Council adopted Affordable Housing Ordinance No. 297 which requires that any new development with 10 or more units must include 15% of the units these units as affordable.

The ordinance applies to both rental and ownership developments. In January 2022, Council approved changes to the Affordable Housing Ordinance to encourage more on-site affordable housing production.

Council also adopted changes to add clarity and consistency throughout the ordinance.

Density Bonus Ordinance
To attract developers to build affordable units, the Density Bonus Ordinance will allow developers the ability to build above their permitted densities in permitted zoning districts in exchange for the construction of affordable units.

Below Market Rate Ownership
The City manages a Below Market Rate (BMR) Ownership program for first-time, income-qualified homebuyers. Once a unit from the current BMR housing stock becomes available, a qualified applicant from the waiting list will have the ability to purchase a home in Milpitas at one of the various developments throughout the City. For qualified households, the City also provides a loan of up to 520
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$50,000.

Fair Housing
Milpitas provides CDBG funds to Project Sentinel. Project Sentinel is a reputable organization that provides expertise in fair housing and tenant-landlord dispute. Services include information, referrals, community outreach and education in several languages other than English, investigation, and resolving fair housing complaints. In addition, they provide education and outreach to property owners, and property management to become proactive in their housing policies.

Discussion:

Please see discussion above.
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AP-85 Other Actions – 91.220(k)
Introduction:

The most significant obstacle to addressing the underserved needs for fiscal year 2022-2023 is the lack of sufficient federal, state, and local funds to carry out all the necessary programs, activities and projects.

Actions planned to address obstacles to meeting underserved needs The diminishing amount of funds continues to be the most significant obstacle to addressing the needs of underserved populations. To address this, the City supplements its CDBG funding with other resources and funds, such as:
• The City of Milpitas Affordable Housing Fund – Used primarily to increase the number of new affordable housing units. It is funded through fees collected from developers in accordance with Affordable Housing Ordinance 297. As an example, the City used these funds to initially fund the Pilot Rent Relief Program the City established in November 2019. • The City’s provides loans on an ongoing, as qualified basis for BMR applicants to qualify for purchasing an available BMR unit.
• Measure A Affordable Housing Bond was approved by voters in November 2016 that approved $950 million dollars for the County to address housing needs for the most vulnerable residents, those in the extremely low-income households.

Actions planned to foster and maintain affordable housing The City has taken proactive steps to help decrease the barriers in affordable housing through the following ordinances:

Resolution No. 8523
The City adopted Resolution No. 8523 on February 2, 2016, which recognizes homelessness as a crucial problem in the County and will consider contributing to future affordable housing projects that will house the homeless. The City is in discussion to create its first 100% permanent supporting housing project in Milpitas.

Affordable Housing Ordinance
On June 12, 2018, the City Council adopted Affordable Housing Ordinance No. 297 which requires that any new development with 10 or more units must include 15% of the units these units as affordable.

The ordinance applies to both rental and ownership developments. In January 2022, Council approved changes to the Affordable Housing Ordinance to encourage more on-site affordable housing production. 522
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Council also adopted changes to add clarity and consistency throughout the ordinance.

Density Bonus Ordinance
To attract developers to build affordable units, the Density Bonus Ordinance will allow developers the ability to build above their permitted densities in permitted zoning districts in exchange for the provision of affordable units in the development.

Below Market Rate Ownership
The City manages a Below Market Rate (BMR) Ownership program for first-time, income-qualified homebuyers. Once a unit from the current BMR housing stock becomes available, the homebuyer will have the ability to purchase a home in Milpitas at one of the various developments throughout the City. For qualified households, the City also provides a loan of up to $50,000.

Fair Housing
Milpitas provides CDBG funds to Project Sentinel. Project Sentinel is a reputable organization that provides expertise in fair housing and tenant-landlord dispute. Services include information, referrals, community outreach and education in several languages other than English, investigation, and resolving fair housing complaints. In addition, they provide education and outreach to property owners, and property management to become proactive in their housing policies.

Actions planned to reduce lead-based paint hazards
The County of Santa Clara has received funding from State’s Department of Health Service and Federal Government for Center for Disease Control to implement a Childhood Lead Poisoning Prevention Program. The funded programs include community outreach screen, case management and public education to inform low-to-moderate income and older communities. The project will then follow up with environmental testing, lead-based education, blood-lead testing for children, hazard reduction grants and follow up with monitoring and testing.

Milpitas has adopted a Lead-Based Paint Management Plan which complies with HUD Based Paint regulations, which outlines the required states of abatement and remediation for rehabilitation projects. In addition, the City publicize and identifies lead-based hazards and older residential projects through its Code Enforcement Division and Building Department. In addition, projects undergoing rehabilitation, under the City’s Rehabilitation, provides technical assistance and abatement of lead- 523
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based paints.

Actions planned to reduce the number of poverty-level families The City of Milpitas will follow these actions:
• Work with non-profit housing developers to fund and provide more affordable housing opportunities to address the homeless problem and needs of very low and low-income households.
• Provide funding and supportive services to prevent very low-income persons and families from becoming homeless and assist them in ending the cycle of homelessness. • Address the employment and income needs of individuals and families who are economically disadvantaged, including persons who are homeless, who have disabilities, and those who are participating in the County of Santa Clara Welfare-to-Work Programs. • Provide funding for a variety of services and referrals to assist people in obtaining access to public assistance to prevent poverty.
• Per Section 3, if there are HUD funded projects that can create direct economic opportunities must take every effort to recruit, target and directed towards low and very low-income residents and businesses.

Actions planned to develop institutional structure
The City is striving to improve intergovernmental and private sector cooperation to synergize efforts and resources and develop new revenues for community service needs and the production of affordable housing. Collaborative efforts include:
• Regular quarterly meetings between entitlement jurisdictions at the CDBG Coordinators Meeting and Regional Housing Working Group
• Joint jurisdiction Request for Proposals and project review committees • Coordination on project management for projects funded by multiple jurisdictions. Recent examples include the effort by the County to create a regional affordable housing fund, using former redevelopment funds that could be returned to the County to use for affordable housing. Another effort underway involves the possible use of former redevelopment funds to create a countywide pool for homeless shelters and transitional housing. These interactions among agencies generate cohesive discussion and forums for bridging funding and service gaps 524
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on a regional scale.

Actions planned to enhance coordination between public and private housing and social service agencies
The City benefits from a strong jurisdiction and region-wide network of housing and community development partners, such as the County and the CoC. To improve intergovernmental and private sector cooperation, the City will continue to participate with other local jurisdictions and developers in sharing information and resources.

Discussion:

Please see discussion above.
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Program Specific Requirements
AP-90 Program Specific Requirements – 91.220(l) (1, 2, 4) Introduction:

The City of Milpitas only receives CDBG funds and will receive the following program income for FY22-

23. Community Development Block Grant Program (CDBG)
Reference 24 CFR 91.220(l)(1)

Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out.

1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed $8,959

2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0

3. The amount of surplus funds from urban renewal settlements 0

4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0

5. The amount of income from float-funded activities 0
Total Program Income: $8,959

Other CDBG Requirements

1. The amount of urgent need activities 0

2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 90.00%

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CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Receive a Presentation and Provide Direction to Staff on a Draft Zoning Ordinance Amendment amending Sections of Title V, Chapter 100, and Title XI, Chapter 10, of the Milpitas Municipal Code Relating to Mobile Food Vending (Food Trucks) (Staff Contact: Ned Thomas, Planning Director, 408-586-3273 and Avery Stark, Associate Planner, 408-586-3288)
Category: Community Development
Meeting Date: 3/15/2022
Recommendation: (1) Receive a presentation from staff; and (2) Provide direction to staff on a draft Zoning Ordinance Amendment setting forth regulations related to mobile food vending.

Background:

Mobile food vehicles, commonly known as food trucks, have become increasingly popular and prevalent as part of the food and beverage industry over the past decade. Food trucks are extremely popular with consumers due to the convenience and novelty of being located in different places at different times (often at festivals or special food truck events), the creativity and liveliness of the food truck movement, the unique types of cuisine served, and the affordability of the food. They are also beneficial for local economic development, since they provide low-cost and low-barrier business opportunities for food entrepreneurs, bring diverse dining options to areas that may have few or no brick-and-mortar restaurants, and generate foot traffic and customers who may also support other nearby local businesses.

The growing popularity of food trucks across the nation, in large cities and small towns alike, has created the need for local regulations that address public health and safety issues while also encouraging and supporting a thriving food truck industry. While food safety and health standards for food trucks are regulated at the county level – in the case of Milpitas, by the Santa Clara County Department of Environmental Health – the process of setting standards and requirements for location, site design, signage, and operating characteristics (e.g. hours of operation, noise, trash management) for food trucks falls within the purview of city government.

With the growing prevalence of food trucks, Planning staff has recognized the need to adopt a thorough, comprehensive set of standards to regulate food trucks operating in Milpitas. The Planning Department currently has a written set of guidelines for owners and operators of food trucks; however, they are not codified in the City’s zoning regulations and are therefore not legally enforceable. The only existing reference to mobile food vending in the City’s Municipal Code is found in Title V–Public Health, Safety and Welfare; Chapter 100–Traffic; Subsection V-100-10.11–Unlawful Parking–Peddlers, Vendors. This section of the code currently states that vehicles selling any type of goods or merchandise (including food) are prohibited from stopping or parking on any city street for a period exceeding 10 minutes.

Since the summer of 2020, staff has been working on developing draft citywide regulations for mobile food vending. This effort was initiated in part in response to the submittal in 2018 of an application for a mobile food service area (“food truck park”) at 25 South Abbott Avenue. Due to the lack of a specific land use classification for mobile food truck facilities in the City’s zoning ordinance or other regulations in the Milpitas Municipal Code pertaining to food trucks, the Planning Director determined that the proposed mobile food park at 25 South Abbott Avenue was similar in nature to a restaurant with outdoor seating and referred the 527
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application to the Planning Commission for a decision. The application, which included a request for a Site Development Permit and Conditional Use Permit for the proposed mobile food park, was approved by the Planning Commission on May 27, 2020.

Through the review process for 25 South Abbott Ave., Planning staff concluded that it would be beneficial to prepare and adopt specific regulations for mobile food vending throughout the city, in order to clarify for both City staff and food truck operators what are the zoning requirements, review process, and other rules that apply to such uses. The draft regulations are intended to allow a balance between freedom and opportunity for these small businesses and protection of public safety and welfare.

The Planning Commission considered the draft mobile food vending regulations at a public hearing on February 24, 2021. Members of the Commission generally supported the draft ordinance and voted unanimously (7-0) to recommend approval, with a few specific modifications included in the motion. Staff has subsequently revised the draft ordinance according to the recommendations received from the Planning Commission and is now bringing the proposed regulations to the City Council for review and discussion.

Further detail on the Planning Commissioners’ comments and the specific changes made to the ordinance is provided below on page 6.

Proposed Zoning Ordinance Amendments
The proposed Zoning Ordinance amendment establishes new regulations for mobile food vehicles by adding a new section (Section 13.18–Mobile Food Vending) to Chapter 10 of Title XI (Zoning, Planning and Annexation) of the Milpitas Municipal Code. These draft regulations for mobile food vending have been crafted and vetted to minimize regulatory barriers and to make it as easy as possible for food truck operators to establish business in Milpitas, while at the same time providing necessary rules to avoid potential impacts from food trucks, especially in residential areas.

The ordinance would include new definitions related to mobile food vending and related facilities such as commissaries (i.e. commercial kitchens where food to be sold off-site from mobile food vehicles is stored and prepared).1 Mobile food vending and related uses would be added to the use tables for residential, commercial, mixed-use, industrial, institutional, and public open space zoning districts, allowing mobile food vending either by-right or conditionally in these zones. Minor amendments are also proposed to Section 15 (Special Events and Activities) of the Zoning Code and Subsection 10.11 (Unlawful Parking– Peddlers, Vendors) of Municipal Code Title V, Chapter 100–Traffic to ensure consistency with the new mobile food vending regulations.

The proposed regulations would allow mobile food vehicles to operate on private property and within the public right-of-way (i.e. parked on public streets) in most non-residential areas of the city. Mobile food vending would also be allowed, subject to certain limitations and restrictions, in residential zones.

The table on the following page summarizes the proposed mobile food vending regulations by zoning district.

1 The Santa Clara County Department of Environmental Health requires food served from mobile food trucks to be prepared in an approved commissary facility. 528
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Table 1: Summary of Proposed Mobile Food Vending Regulations

Zoning District Summary of Regulations
Low- and Medium-Density
Residential Zones (R1, R2, R3)

High-Density Residential Zones
(R4, R5)

Public Right-of-Way: May be permitted only as part of a special event (with Special Event permit).

Private Property: Individual food truck permitted only on a parcel with a museum, hospital, school, or place of religious assembly and worship.

Public Right-of-Way: Permitted
Private Property: Individual food truck permitted on a parcel with a museum, hospital, school, or place of religious assembly and worship; individual food truck on a parcel with multi-family residential use may be permitted only as part of a special event (with Special Event permit).

Mobile food parks* prohibited in all residential zones.

All Commercial Zones Individual food trucks permitted on private parcels and in public rights-of-way.

Mobile food parks* conditionally permitted in all commercial zones.

Mixed Use Zones –
MXD, MXD3

MXD2

Individual food trucks permitted on private parcels and in public rights-of-way.

Mobile food parks* conditionally permitted.

Individual food trucks permitted on private parcels and in public rights-of-way.

Mobile food parks* prohibited.

All Industrial Zones

Individual food trucks permitted on private parcels and in public rights-of-way.

Mobile food parks* prohibited in all industrial zones.

Institutional Zone Individual food trucks permitted on private parcels and in public rights-of-way. Two or more food trucks may be permitted through a Special Event permit.

Mobile food parks* prohibited.

Park and Public Open Space
Zone
Individual food trucks permitted.

Mobile food parks* prohibited.

Citywide, all zoning districts Two or more food trucks on a private parcel or in a public park/open space may be permitted through a Special Event permit (operating for seven consecutive days or less).
* Mobile food parks are defined as sites with two or more mobile food vehicles operating together on the same parcel for a period of more than seven consecutive days.

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Commissaries generally would not be permitted in residential districts (unless part of a civic or community use such as a church or social club, in which case they could be allowed through the Conditional Use Permit process). Commissaries and catering establishments would be permitted by right in the C1, C2, and HS commercial zones and the M1 and MP industrial zones. They would be conditionally permitted in the CO and TC commercial zones, MXD and MXD-3 mixed-use zones and Institutional zone.

Review and approval procedures for mobile food vending are outlined in the draft ordinance and are based on the use regulations for the applicable zoning district, the number of food trucks operating on the site, and the duration of operations at that site.

For mobile food vending on private property (when permitted under use regulations for the applicable zone) and in public parks:

Duration of Operations
Seven (7) consecutive
days or less
More than seven (7)
consecutive days
Number of mobile food
vehicles on property One (1) Minor Site Development Permit (Staff Review)
Two (2)
or more Special Event Permit
(Mobile Food Park)
Conditional Use Permit
or Not Permitted (as
indicated in use
regulations by zone)

For mobile food vending in the public right-of-way (on City streets):

Planning staff, in consultation with other City departments including Traffic Engineering, Fire, and the City Attorney, considered what would be the appropriate review process for mobile food vending in the public right-of-way. Because the Zoning Code regulates land uses on private and publicly owned parcels, but not on City streets, review and permitting of mobile food vending within the public right-of-way does not fall within the authority of the Zoning Code.

Thus, in all areas of the city except low- and medium-density residential zones – R1, R2 and R3, a mobile food vehicle proposing to operate in the public right-of-way would be required to obtain a City business license but would not require any other City permits or approvals. At the time of application for a business license to operate a food truck in the public right-of-way, Planning staff would advise the applicant as to the rules and regulations that apply to mobile food vending on city streets. Per the draft ordinance, mobile food vehicles operating in the public right-of-way are required to comply with all local regulations, state laws, and posted restrictions pertaining to traffic and parking.

As described above, mobile food vending in the public right-of-way in R1, R2, and R3 areas would require a Special Event Permit. This provision would allow a single food truck to operate in the public right-of-way in conjunction with a private event.

Location and Siting Requirements
The proposed regulations specify location and siting requirements for mobile food vending. The Planning Director would have discretion to waive or reduce operational and siting standards where appropriate, based on site-specific conditions and subject to required findings for approval.

For vending on private property, a mobile food vehicle operator must obtain written permission from the property owner. The draft regulations stipulate that the vehicle must be parked on a paved surface, clear of fire 530
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lanes and loading zones, and at least 15 feet from a driveway or curb cut. The siting of a mobile food vehicle must not reduce the number of parking spaces that are required by the zoning code for the existing use or uses on the lot.

For vending in public parks, approval of location and siting would be required from the City of Milpitas Recreation Services Department (through the Minor Site Development Permit or Special Event Permit review process) and a vehicle must be parked legally on a paved surface while in operation. For vending in the public right-of-way, as noted above, mobile food vehicles must be parked in a legal parking space while in operation and must comply with all parking rules and restrictions, including time limits and payment at metered parking spaces. Customers may be served only from the sidewalk or curb side of the vehicle.

In addition, mobile food vehicles must maintain a minimum distance of 150 feet from existing restaurants and freeway on/off ramps.

Site Design Standards
Off-street parking is not required for mobile food vending uses (since they do not typically function as a primary use on a lot), except in the case of mobile food parks, where two or more vehicles are operating on a site for more than seven consecutive days. For mobile food parks, the same off-street parking requirement applies as for restaurants offering takeout service, which is one space per 2.5 seats provided on site for customers plus one space per 60 square feet of lot area dedicated to the mobile food operations. The operation of mobile food vehicles must not impede safe movement of, and clear lines of sight for, vehicles, bicycles, and pedestrians. Vehicles must not obstruct access to sidewalks or alleys or interfere with circulation through a parking lot.

Seating areas and related amenities such as tables, chairs, and canopies for mobile food vending on private property (both individual food trucks and mobile food parks) would be subject to review and discretion through the Minor Site Development Permit or Conditional Use Permit process. For any mobile food vending operation requiring a Special Event Permit, seating and dining areas would be subject to the rules and requirements for special events in Section 15 of the Zoning Code. Seating areas for on-site dining would not be allowed for food trucks in public rights-of- way.

Restrooms would not be required for individual mobile food vehicle on private property or in parks, or for mobile food vehicles in the public right-of-way. For mobile food parks, a single restroom (gender neutral) would be required for every five vehicles operating on the site. The restroom requirements for Special Event Permits apply to any mobile food vending operation requiring such a permit.

Operational Standards
Standard proposed hours of operation for all mobile food vending activities in the city are 7:00 am to 10:00 pm.

Extended hours may be allowed at the Planning Director’s discretion or pursuant to a Special Event Permit.

Mobile food vehicles may not be parked on the site or in the public right-of-way outside of these hours, overnight, or while not in active operation.

Noise associated with mobile food vending operations is regulated by the Noise Abatement ordinance of the Milpitas Municipal Code (Title V, Chapter 213) and food truck operators must comply with this ordinance.

Any signage advertising mobile food vending operations would be limited to signs permanently attached to or painted on the vehicle. The standards and requirements of the Signs chapter of the Zoning Code (Section XI- 10-24) apply.

Trash management requirements and procedures would apply to mobile food vending operations. For all mobile food uses other than those requiring a Special Event Permit, the operator must provide receptacles for trash, recycling, and organic waste (if collection services are available). Operators must also keep the area within a 25-foot radius of the vehicle or site clean and free of trash generated by the mobile food vending use. Trash management requirements for Special Event Permits apply to mobile food operations that require such a permit. In addition, polystyrene (styrofoam) food wares would be prohibited for all mobile 531
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food vending operations, and any disposable f o o d service packaging or serving items must be recyclable or compostable.

Finally, mobile food vehicles would not be allowed to connect to temporary or permanent on-site utilities such as water, gas, electricity, telephone, or cable.

Other Required Permits
All mobile food vehicles operating in Milpitas would be required to have a valid City business license and all applicable permits required by the Santa Clara County Health Department.

Minor Amendments to Subsection V-100-10.11–Unlawful Parking–Peddlers, Vendors In addition to the amendments to the Zoning Code described above, the proposed ordinance includes minor changes to the “Unlawful Parking–Peddlers, Vendors” section of the Traffic Code (Title V, Chapter 100 of the Municipal Code) for consistency between this section and the new mobile food vending regulations. Currently the regulations for parking or stopping for peddlers and vendors apply to “any vehicle, wagon or push-cart from which goods, wares, merchandise, fruits, vegetables or foodstuffs are sold, displayed, solicited or offered for sale or bartered or exchanged.” The proposed ordinance includes language clarifying that the provisions of Subsection V-100-10.11 do not apply to mobile food vehicles as defined in the Zoning Code.

This eliminates a conflict between the provisions of the Traffic Code and the new mobile food regulations in the Zoning Code.

Minor Amendments to Subsection XI-10-15.04 – Special Events and Activities - Definitions The proposed ordinance also includes minor changes in the “Definitions” section of the Special Events and Activities section of the Zoning Code. This section currently includes the following definition: “Food Truck Event” means an event where more than three food trucks gather in one location.” This definition would be deleted and a new definition for “Mobile Food Vending Event” would be added to include events where two or more vehicles gather in a location for seven consecutive days or less, consistent with the provisions of the new mobile food regulations.

Planning Commission Comments and Direction:

At its meeting on February 24, 2021, the Planning Commission requested that staff revise the draft regulations to allow more flexibility for mobile food vending in residential areas for occasions such as block parties or other special events, subject to City review and approval. The draft ordinance originally prohibited food trucks from operating in all residential zones and included a requirement for a food truck to maintain a 150-foot separation from residentially zoned properties – standards which are typical and common for cities where specific mobile food vending regulations are included in the municipal code. The Commission also recommended allowing flexibility in the regulations, at discretion of the Planning Director, to reduce or waive any of the siting or operational standards based on site-specific conditions (for example, the requirement for a food truck in operation to be located at least 15 feet from a driveway or curb cut).

Following the Planning Commission hearing, staff conducted additional background research on mobile food vending regulations in other cities in the Bay Area as well as around the U.S., focusing on zoning provisions that apply to mobile food vending in residential areas. Based on this research, and to better align the proposed regulations with the Commission’s guidance, staff amended the draft ordinance to allow more flexibility for food trucks to operate in residential areas during events such as block parties, National Night Out, or other private events. These changes are reflected in the current version of the proposed regulations, as summarized above in Table 1.

Policy Alternatives:

This is an informational item for Council feedback and direction on the draft ordinance. A specific policy proposal and alternatives will be brought before the Council for consideration and a vote at a later date.

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Fiscal Impact:

This is an informational item for Council feedback and direction on the draft ordinance. As such, there is no fiscal impact.

California Environmental Quality Act:

This report represents ongoing work on updates to the City of Milpitas Zoning Ordinance (Milpitas Municipal Code Title XI, Chapter 10). It is anticipated that the draft ordinance for mobile food vending regulations that is brought forward for City Council consideration will be exempt from environmental review pursuant to CEQA Guidelines Section 15061(b)(3) (common sense exemption), which states that CEQA only applies to projects which have the potential for causing a significant effect on the environment.

Recommendations:

1. Receive a presentation from staff.

2. Discuss the presentation and provide direction to staff on key issues outlined in this report.

Attachments:

1. Draft Ordinance, Mobile Food Vending Regulations

2. Summary of Mobile Food Vending Regulations in Other Cities 533
Item # 15.
1 New Section to be added to Zoning Ordinance:

XI-10-13.18 – Mobile Food Vending

A. Purpose and Intent

The purpose of this section is to allow mobile food vendors to operate in appropriate areas of the city and to protect and maintain public safety, health and welfare while providing opportunities for small businesses, adding vibrancy and activity to streetscapes and neighborhoods, and expanding food access in areas underserved by brick and mortar restaurants.

B. Definitions

“Catering establishment” means an establishment in which the principal use is the preparation of food and meals on the premises, and where such food and meals are delivered to another location for serving and consumption.

“Commissary” means a fixed-location kitchen where food is stored and prepared for off-site vending from mobile food vehicles. Commissaries serving mobile food vendors may include shared-use commercial kitchens, private commercial kitchens, restaurant kitchens, and kitchens associated with civic and community organizations such as churches or social clubs; but do not include catering service establishments.

“Mobile Food Park” means a site with two or more mobile food vehicles located together on the same parcel and operating at the same time for more than seven consecutive days.

“Mobile Food Vehicle” means a motorized, wheeled vehicle or towed vehicle designed and equipped to store, prepare, serve and sell food, but which does not include mobile food vending wagons or push-carts as regulated in Milpitas Municipal Code Section V-100-10-11.

“Mobile Food Vending” means the selling or offering to sell products from a mobile food vehicle.

C. Mobile Food Vending Review Procedures

1. On Private Property

a. One mobile food vehicle operating on a parcel, when permitted under the use regulations for the applicable zone, may be approved subject to approval of a Minor Site Development Permit (Staff Review) pursuant to Subsection XI-10-57.03(B)(2) of this Chapter.

b. A mobile food park operating for more than seven consecutive days may be approved subject to a Minor Conditional Use Permit (Zoning Administrator Review) pursuant to Subsection XI-10-57.04(E)(2)(a) of this Chapter.

c. Two or more mobile food vehicles operating on a parcel for a period of seven consecutive days or less shall require a Special Event Permit pursuant to Section 15 of this Chapter.

2. In Public Parks and Open Spaces
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2 a. One mobile food vehicle operating within a public park or open space may be approved subject to approval of a Minor Site Development Permit (Staff Review) pursuant to Subsection XI-10-57.03(B)(2) of this Chapter.

b. Two or more mobile food vehicles operating together within a public park or open space for a period of seven consecutive days or less shall require a Special Event Permit pursuant to Section 15 of this Chapter.

c. Mobile food parks shall not be permitted within public parks and open spaces.

3. In Public Right-of-Way

a. Mobile food vending in the public right-of-way is permitted subject to the review and approval of the Milpitas Planning Department, as follows:

i. In low- and medium-density residential zoning districts R1, R2, and R3, mobile food vending in the public right-of-way may be permitted as part of a special event for which a Special Event Permit has been issued pursuant to Subsection XI-10-15.07 of this Chapter, or as part of another official event authorized by the City (e.g., National Night Out).

ii. In high-density residential zoning districts R4 and R5; all commercial, industrial, mixed-use, and institutional zoning districts; and within the Midtown and Transit Area Specific Plan areas; mobile food vending in the public right-of-way is permitted upon issuance of all required permits per Section XI-10-13.18(H).

D. Location and Siting Requirements

1. On Private Property

a. The operator of a mobile food vehicle operating on a privately owned parcel shall obtain prior written permission from the property owner and shall have an original signed copy of such permission available at all times while the mobile food vehicle is in operation on the property.

b. A mobile food vehicle shall be parked on a paved surface outside any designated fire lane and outside any parking or loading space that is required for the principal use on the property.

i. Mobile food vending operations shall not reduce the available parking on the property below the minimum number of parking spaces required to serve the existing use(s) on the lot.

ii. For a property that is nonconforming with respect to parking, mobile food vending operations shall not reduce the total existing amount of parking on the lot.

c. Unless otherwise approved pursuant to Section XI-10-13.18(G)(1), a mobile food vehicle shall maintain a minimum setback of 15 feet from all driveway curb cuts while in operation.

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3 2. In Public Right-of-Way

a. A mobile food vehicle operating in the public right-of-way shall be parked in a legal parking space and comply with all City parking regulations while in operation.

b. A mobile food vehicle may only serve customers from an adjacent sidewalk or the side of the vehicle closest to the curb and shall not serve customers from the side of the vehicle closest to the motorized travel lanes of the street.

3. In Public Parks and Open Spaces

a. The location and siting of mobile food vending operations within a public park or open space shall be subject to the approval of the City of Milpitas Recreation and Community Services Department, through the Minor Site Development Permit or Special Event Permit process as required per Section XI-10-13.18(C)(2)(a) or (b).

b. A mobile food vehicle operating within a public park shall be parked in a legal parking space on a paved surface outside any designated fire lane.

4. Separation from Other Uses.

a. A mobile food vehicle in operation shall be located a minimum of 150 feet from any existing restaurant.

b. A mobile food vehicle in operation shall be located a minimum of 150 feet from a freeway on- or off-ramp.

E. Site Design Standards

1. Parking

a. For one mobile food vehicle operating on private property or in a public park, no parking shall be required to serve the mobile food vending use. The mobile food vehicle shall comply with Subsection XI-10-13.18(D)(1)(b) with respect to parking for other existing uses on a lot.

b. For mobile food parks, one parking space shall be required per 2.5 seats provided on site for customers, plus one parking space per 60 square feet of lot area dedicated to the mobile food vending operation (see Table 53.09-1). Such parking shall be provided in addition to any required parking serving other existing uses on the lot.

2. Access and Circulation

a. All mobile food vending operations shall be located so as not to impede safe movement of vehicular, bicycle or pedestrian traffic, and to maintain a clear line of sight for vehicles, bicycles and pedestrians.

b. No mobile food vehicle shall obstruct access to or circulation through any parking lot access to any public sidewalk or alley.

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4 3. Seating Areas

a. For mobile food vehicles operating in the public right-of-way, on-site seating (including tables, chairs, canopies, umbrellas, or similar amenities) shall not be permitted.

b. For one mobile food vehicle operating on private property, the site plan submitted for Minor Site Development Permit review per Subsection XI-10-13.18(C)(1)(a) shall show all proposed temporary amenities and structures for on-site seating and dining.

For mobile food parks, the site plan submitted for Minor Conditional Use Permit review per Subsection XI-10-13.18(C)(1)(b) shall show all proposed temporary and permanent amenities and structures for on-site seating and dining.

c. Mobile food vending operations requiring a Special Event Permit shall be subject to the requirements and procedures in Section 15 of this Chapter for seating, dining areas and similar amenities.

4. Restrooms

a. For one mobile food vehicle operating on private property or for mobile food vehicles operating in the public right-of-way, no restrooms shall be required.

b. For mobile food parks, one single-stall, gender-neutral restroom shall be provided for every five mobile food vehicles operating on the site. In calculating the restroom requirement, fractional numbers shall be rounded down to the nearest whole number.

c. Mobile food vending operations requiring a Special Event Permit shall be subject to the requirements and procedures in Section 15 of this Chapter for restrooms.

F. Operational Standards and Requirements

1. Mobility of operations. Mobile food vehicles shall not connect to temporary or permanent on-site water, gas, electricity, telephone or cable sources.

2. Hours of operation. Unless otherwise approved pursuant to Section XI-10-13.18(G)(1), hours of operation for mobile food vending shall be between 7:00 am and 10:00 pm.

3. Parking and storage of mobile food vehicles. Outside of hours of active operations mobile food vehicles shall be removed from the operating site, whether on private property or in the public right-of-way. Mobile vehicles shall not be parked overnight at the location of operation.

4. Noise. Mobile food vending operations shall comply with the provisions of Milpitas Municipal Code Title V, Chapter 213 – Noise Abatement.

5. Signage. Any signage advertising the products and services of a mobile food vehicle must be permanently attached to or painted on the vehicle. All such signs shall be subject to the provisions of Section XI-10-24 of this chapter. No signs or banners that are separate from the mobile food vehicle shall be placed at the operating site or within the public right-of-way.
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Item # 15.
5 6. Trash management and disposal.

a. For one mobile food vehicle operating on private property or in the public right-of- way, and for mobile food parks:

i. All mobile food vending operations shall provide separate and clearly marked receptacles for trash, recycling and/or compost, according to the collection services available, at the operating site. Operators of mobile food vehicles shall properly dispose of all trash, recycling and/or compost generated by their operations daily.

ii. The operator of a mobile food vehicle shall keep the area within a 25-foot radius of the vehicle, including private property, sidewalks, and roadways, clean and free of paper, food waste and other refuse generated by the operation.

b. Mobile food vending operations requiring a Special Event Permit shall be subject to the requirements and procedures in Section 15 of this Chapter for trash management and disposal.

c. Mobile food vending operations, if using disposable food service ware for packaging and serving, shall use products that are recyclable or compostable. Use of polystyrene foam food service ware is prohibited per Milpitas Municipal Code Title III, Chapter 8 – Prohibition of Expanded Polystyrene (EPS) Foam Food Service Ware.

G. Exceptions to Standards and Requirements

1. Exceptions or reductions to the Location and Siting Requirements, Site Design Standards, and Operational and Standards in Subsections XI-10-13.18(D) through (F) may be granted at the discretion of the Planning Director and the Fire Marshal based on site-specific conditions and subject to the following findings:

a. The proposed number, configuration, and operation of mobile food vehicles is generally consistent with the overall intent of these regulations; b. The proposed mobile food vending activity will not be detrimental or injurious to property or improvements in the vicinity nor to the public health, safety, and general welfare.

H. Other Permits and Licenses Required

1. Mobile food vehicles operating within the City of Milpitas must obtain a permit for mobile food facilities from the Santa Clara County Dept. of Environmental Health. The County health permit shall be displayed on the vehicle in a location visible to the public.

2. All mobile food vehicles operating within the boundaries of the City of Milpitas shall obtain a current City of Milpitas business license prior to establishing a vending location on public or private property or setting up operations. The license shall at all times be displayed on the vehicle in a location visible to the public.

3. All mobile food vehicles shall clearly display current and valid vehicle registration on their license plates while vending at the operating site or in the public right-of-way. 538
Item # 15.
6 Amendments to Use Tables in the Zoning Ordinance:

XI-10-4.02 - Residential Use Regulations

Table XI-10-4.02-1
Residential Zone Uses
Use R1 R2 R3 R4 R5

1. Commercial
Commercial services 1,2 NP NP C C C

2. Professional Offices and related uses
Offices 1,2 NP NP C C C

3. Public/Quasi-Public and Institutional Uses
Child care center C C C C P
Nursing home 3 NP C C C C
Park, playground or community center (non-profit) C C C C C Parking lots C C C C C
School (not trade or vocational) C C C C C
Places of Assembly C C C C C

4. Residential Uses
Condominiums and condo conversions NP
SFR: C
Duplex:

C

C C C
Duplex (Two dwellings) NP P NP NP NP
Group dwelling NP NP NP C C
Guest house C NP NP NP NP
Manufactured home 4 P P NP NP NP
Multi-family dwellings (Three or more units) NP NP P P P Planned unit development 5 P P P P P
Accessory dwelling unit 6 P
SFR: P
Duplex:

P

P P P
Single-family dwelling P P NP NP NP
Single-room occupancy residences 7 NP NP C C C
Transitional and supportive housing P 8 P 8 P 9 P 9 P 9

5. Restaurants or Food Service
Restaurants 1,2 NP NP C P/C P/C
Catering Establishment 10 NP NP NP NP NP
Mobile Food Vending (individual vehicle) 11 P12, 13,14 P12, 13,14 P12, 13, 14 P12, 13, 14 P12, 13, 14 Mobile Food Park NP NP NP NP NP
Commissary 10 NP NP NP NP NP

6. Unclassified Uses
Agriculture 15 P P P NP NP
Boarding house (three or more persons) NP C C C C
539
Item # 15.
7 Use R1 R2 R3 R4 R5
Golf course 16 C C C NP NP
Live work units 17 NP NP C C C
Model home complex 18 P P P P P
Short-Term Rentals 19 P P P P P

1 Refer to Subsection XI -10-4.03(A), Residential Zone Special Uses, of this Chapter, for standards. 2 Refer to Subsection XI -10-4.03(B), Residential Zone Special Uses, of this Chapter, for standards. 3 Licensed nursing home serving more than six persons, except when used primarily for contagious sickness, mental or drug alcohol addict cases.
4 Refer to Subsection XI-10-13.07, Manufactured Homes, of this Chapter, for standards. 5 Refer to Subsection XI -10-54.07, Planned Unit Developments, of this Title, for standards. 6 In conjunction with existing or proposed legal single -family, duplex, or multi -family dwellings. Refer to Subsection XI-10-13.08, Accessory Dwelling Units, of this Chapter, for standards. 7 Refer to XI-10-13.13, Special Uses, Single Room Occupancy Residen ces, of this Chapter. 8 Permitted only in single family dwellings.
9 Permitted only in multi -family dwellings.
10 May be permitted with approval of a Conditional Use Permit for kitchens associated with a civic or community organization, such as a church or social club.
11 Refer to Subsection XI-10-13.18, Mobile Food Vending, of this Chapter. 12 Mobile food vending in the R1, R2, and R3 zones may be permitted in the public right-of-way as part of an approved special event. See Subsection XI-10-13.18(C)(3)(a)(i). Mobile food vending in the R4 and R5 zones is permitted in the public right-of-way upon issuance of all required City and County permits (see Subsection XI-10-13.18(H). 13 In all residential zones, mobile food vending on private property may be permitted on a parcel having a current certificate of use and occupancy as a museum, hospital, school, or place of religious assembly and worship, provided that the mobile food vending use shall not operate more frequently than once per week and for no longer than three consecutive days.
14 In the R1, R2, and R3 residential zones, mobile food vending shall not be permitted on a private property having a residential use. In the R4 and R5 residential zones, mobile food vending on private property having residential use may be permitted as part of an approved special event. See Subsection XI-10-13.18(C)(3)(a)(i). 15 Except for the raising of animals or fowl for commercial purposes, or the sale of any products at retail on the premises.
16 Except for driving tee or range, miniature course and similar uses operated for commercial purposes. 17Allowed commercial uses to be specified through the Conditional Use Permit process. 18 Refer to Subsection XI -10-13.11€, Model Home Complexes and Sales Offices, of this Chapter for temporary tract offices.
19 Subject to the requirements of Subsection XI -10-13.16, Short -Term Rentals, of this Chapter.

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Item # 15.
8 XI-10-5.02 – Commercial Use Regulations
Table XI-10-5.02-1
Commercial Zone Uses
Use CO C1 C2 HS TC

1. Commercial Uses
Alcoholic beverage sales C 6 C C NP C
Art/photography studio or gallery NP P P P P
Bookstore NP P P P P
Commercial services 1 P P P NP P
Funeral home or mortician NP NP C C NP
Furniture sales NP P P P P
Grocery store (supermarkets)
Within 1,000 ft. of residential zone NP C C C C
Not within 1,000 ft. of residential zone NP P P P P Head/smoke/tobacco shop NP C C NP C
Home improvement (hardware, blinds, interior
decorating, etc.) NP P P C P
Not fully enclosed operation NP C C C C
Household appliance store 7 NP NP P P NP
Small appliance repair NP NP MCS P NP
Large appliance repair NP NP NP P NP
Janitorial services NP NP P P NP
Newsstand
Indoor P P P NP P
Outdoor C C C NP C
Nursery (flower or plant)
Indoor NP NP P 2 P P
Outdoor NP NP C P NP
Office supply sales (stationery, equipment) P P P P P Paint and wallpaper stores NP NP P P P
Pawnshops NP NP C NP NP
Pet stores NP NP P P P
Printing (newspaper, publishing) NP NP P P P
Rentals (medical supplies, costumes, party
equipment, office equipment) NP NP P P P
Retail stores, general merchandise NP P P NP P
Tanning salon NP NP P NP P
Thrift store 3 NP C P P P
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Item # 15.
9 Use CO C1 C2 HS TC

2. Entertainment and Recreation
Adult business 4 NP NP NP P NP
Bowling alley NP NP P P P
Commercial athletic facilities
Indoor NP C P P P
Outdoor NP NP NP C NP
Motion picture theater (See 7 below)
Recreation or entertainment facility NP C C C C
Shooting range, indoor NP NP NP C NP

3. Health and Veterinarian Uses
Animal grooming (no boarding) NP P P P P
Hospital C NP C C C
Kennel NP NP C NP NP
Massage establishment 15 NP NP MC MC MC
Massage establishment, accessory 15 NP NP MCS MCS MCS Medical and dental office P P P NP P
Medical and dental clinic P C C NP P
Medical support laboratories P C C C C
Optician and optometrist shop P P P NP P
Pharmacy or drug store NP P P P P
Sauna and steam bath NP NP NP P NP
Veterinary clinic NP NP P P P

4. Industrial Uses 5
Assembly from pre-processed materials NP NP C NP NP Commercial fueling facility NP NP NP C NP
Commercial laboratory NP NP C P NP
Contractor’s yards and offices NP NP C C NP
Disinfection and extermination business NP NP C P NP Dry cleaning plant NP NP NP P NP
Food storage locker NP NP NP P NP
Landscape contractor NP NP C P NP
Lumberyards NP NP C C NP
Mini-storage complex NP NP C C NP
Plumbing, metalworking, glassworking or
woodworking NP NP C C NP
Research & development NP NP C NP NP
Sign sales and fabrication (Electric and neon sign,
sign painting) NP NP C P NP
Warehousing and wholesale NP NP C NP NP

5. Lodging
Hotel and motel NP NP C C C

6. Professional Offices, Financial Institutions and Related Uses 542
Item # 15.
10 Use CO C1 C2 HS TC
Automatic teller machines (freestanding) 6 NP P P P P Financial institutions (banks, savings and loans,
etc.) P P P P P
General offices (administrative and business
services, real estate, travel agencies, etc.) P P P P P

7. Public, Quasi-Public and Assembly Uses
Auction hall NP NP C C C
Child care
Child care center C C C C C
Day care school C C C C C
Large family child care home NP NP NP NP C
Small family child care home NP NP NP NP C
Places of assembly C C C C C
Cultural center NP NP C C C
Educational institutions
Schools, private (elementary, middle, high) NP NP C NP C Trade and vocational school C NP P P C
Farmer’s market (not including flea market) NP C C C C Instruction
Group 8 MCS MCS MCS MCS MCS
Private P P P P P
Motion picture theater
Indoor NP C C C C
Outdoor NP NP NP C NP
Parking facility, storage garage NP P P C C
Public utilities C C C C C
Transportation facility (taxi, limousine, etc.) NP NP C C C

8. Restaurants or Food Service
Banquet hall NP NP C C C
Bar or nightclub NP NP C C C
Catering establishment C NP P P P
Restaurants C 7 P P P P
With live entertainment/dancing NP NP C C C
With drive-in or drive-through NP C C C C
With ancillary on-premise beer & wine with no
separate bar NP MC PMC MC MC
Mobile Food Vending (individual vehicle) 16 P P P P P
Mobile Food Park 16 MC MC MC MC MC
Commissary MC P P P MC

9. Residential Uses
Caretaker (in conjunction with contractor's yard or
mini-storage complex) NP NP C C NP
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Item # 15.
11 Use CO C1 C2 HS TC
Emergency shelters 9 NP NP NP P/C NP
Single-room occupancy residences 10 NP NP NP C NP

10. Vehicle Related Uses
Auto repair (tire, oil change, smog check, etc.) NP NP C C NP Auto sales and rental, outdoor (new and used cars,
RV and truck) NP NP C C NP
Auto broker (wholesale, no vehicles on site) MCS MCS MCS MCS MCS Car wash NP NP C C NP
Service stations (with or without repair or retail) 11 C C C C C Drive through uses (restaurants, pharmacies, etc.) NP C C C C

11. Unclassified Uses
Accessory structures 12 P P P P P
Model home complex 13 NP NP NP NP P
Mortuary or crematory NP NP NP C NP
Radio or television station NP NP C P NP
Temporary seasonal sales 14 NP P P P P

Refer to the definition for "Commercial Services" in Section 2, Definitions, of this Chapter. 2 Provided that all incidental equipment and supplies, including fertilizer and empty cans, are kept within a building.
3 Refer to XI-10-5.04, Commercial Zone Special Development Standards, of this Chapter. 4 In accordance with the Title III, Chapter 4, Adult Business Ordinance, and Subsection 13.04, Adult Businesses, of this Chapter.
5 For conditionally permitted uses, refer to Subsection 57.04(C) (9), Certain Industrial Uses within Commercial Districts, of this Chapter.
6 Refer to Subsection 57.03, Site Development Permits and Minor Site Development Permits, of this Chapter. 7 When intended to serve the occupants and patrons of the permitted use (office, etc.) and conducted and entered from within the building and provided there is no exterior disp lay of advertising. 8 Refer to Subsection 5.02 -1, Commercial Zone Special Uses, of this Section. 9 Refer to XI-10-13.14, Special Uses, Emergency Shelters, of this Chapter. 10 Refer to XI-10-13.13, Special Uses, Single Room Occupancy Residences, of this Chapter. 11 Refer to Subsection XI -10-6.02-2, Special Uses, of this Chapter, for standards. Service stations shall follow the "General development policy: Gasoline service stat ions, and automotive service centers" adopted by the City Council on December 19, 1995.
12 Not including warehouses on the same site as the permitted use. 13 No tract sign shall be permitted within 600 feet of a Santa Clara County Expressway. 14 Refer to Section 13.11, Temporary Uses and Structures, of this Chapter. 544
Item # 15.
12 15 Massage establishments are subject to Title III, Chapter 6 of the Milpitas Municipal Code and Subsection XI -10-

13.16 of this title. Refer to Subsection XI -10-13.16, of this Title, for special provisions for massage establishments. 16 Refer to Subsection XI-10-13.18, Mobile Food Vending, of this Chapter.

XI-10-6.02 - Mixed Use Regulations

Table XI-10-6.02-1
Mixed Use Zone Uses
Use MXD
MXD2
MXD3 Ground Level
(Facing Retail
street)
Upper
Floor

1. Commercial Uses
Alcohol beverage sales C C C C
Commercial services 1 MCS MCS MCS MCS
Grocery stores (supermarkets) C C C C
Pawnshops 2 C C C C
Pet shops C NP NP NP
Retail stores, general merchandise 3 MCS MCS MCS MCS Tanning salons P P P P
Thrift shops (used merchandise)
Retail P P P P
With collections C C C C

2. Entertainment and Recreation
Commercial athletic facilities P P P P
Motion picture theater (see 6 below)
Recreation or entertainment facility C C C C

3. Health and Veterinarian Uses
Animal grooming (no boarding) P P NP P
Hospitals or sanitariums 4 C C C C
Massage establishment 17 MC MC MC MC
Massage establishment, accessory 17 MCS MCS MCS MCS Medical or dental offices and clinics P NP P P
Medical support laboratories P P P P
Optician and optometrist shop P P P P
Pharmacy or drug store P P P P
Veterinarian clinic P P P P

4. Lodging
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Item # 15.
13 Bed and breakfast P P NP NP
Boarding houses (3 or more persons) C C C C
Group dwellings C C C C
Hotels C P P P
Motels C C C C

5. Professional Offices, Financial Institutions and Related Uses4 Financial institutions (banks, savings and loans, etc.) MCS NP MCS P Offices 3 MCS NP MCS P

6. Public/Quasi Public and Assembly Uses
Child care
Child care center C P C P
Day care school C C C
Large family child care home P P C P
Small family child care home P P P P
Instruction
Group 13 P NP NP NP
Private P P P P
Park, playground or community center 5 O O O O
Places of assembly 4 C C C C
Public utilities C C C C
Schools, private (elementary, middle and high) 4 C C C C Theaters (Indoor) C C C C
Trade and vocational schools 4 C C C C
Transportation facilities 2 C C C C

7. Residential Uses
Multi-family housing 7 P NP P P
Transitional and supportive housing 7 P NP P P
Accessory Dwelling Unit 19 P NP P P

8. Restaurants or Food Service
Bar or nightclub C C C C
Brewery/Eateries 10 MCS MCS NP MCS
Catering establishments C C C C
Restaurants 2 P/C P/C NP P/C
With dancing and entertainment C C C C
With ancillary on-premise beer & wine with no separate
bar P P P P
Mobile Food Vending (individual vehicle) 20 P P NP P
Mobile Food Park 20 MC NP NP MC
Commissary MC NP NP MC

9. Unclassified Uses
Artisan Studios & Live-work units, woodworking or
glassworking, plumbing or metalworking and sign shops 2 MCS MCS MCS MCS Lobbies and entries for upper floor uses P P NP P
546
Item # 15.
14 Model home complex 11 P P P P
Mixed use developments 12 P P P P
Planned Unit Development 13 P P P P
Temporary seasonal sales 14 P P P P
Short-Term Rentals 18 P NP P P

10. Vehicle-Related Repair, Sales and Services
Auto sales and rental 15 C C C C
Auto broker (wholesale, no vehicles on site) 2 MCS MCS MCS MCS Vehicle service uses 16 C NP NP C

1 Refer to Subsection XI -10-6.02-1(B), Performance standards for certain uses, of this Chapter, for standards. 2 Refer to Subsection XI -10-6.02-1, Special Uses, of this Chapter, for standards. 3 Refer to Subsection XI -10-6.02-1(B) Performance standards for certain uses, of this Chapter. 4 Refer to Subsection XI -10-6.02-2, Quasi-Public Uses, of this Chapter, for sta ndards. 5 For parks, playgrounds or community center owned and operated by a government agency or a nonprofit community organization.
6 Refer to XI-10-13.14, Special Uses, Emergency Shelters, of this Chapter. 7 Ground level residential is prohibited in the Ground Level Commercial Area as shown on the Midtown Specific Plan Land Use Map, Figure 3.1.
8 Refer to XI-10-13.13, Special Uses, Single Room Occupancy Residences, of this Chapter. 9 Uses serving upper -floor residential uses, such as common gatherin g space, lobby, and resident services, may be allowed as ground floor uses where residential uses would otherwise not be permitted. 10 Reserved.
11 Refer to Subsection XI -10-13.11(E), Model Home Complexes and Sales Offices, of this Chapter for temporary tract offices.
12 Which include only permitted uses.
13 Refer to Section XI -10-54.07, Planned Unit Developments, of this Chapter, for standards. 14 Refer to Section XI -10-13.11(D), Temporary Seasonal Sales, of this Chapter. 15 New and used auto, recrea tional vehicle and boat sales, excluding commercial vehicles, trucks, buses, vans, and farm equipment, with accessory repairs and services, only allowed if fully enclosed within a building. Bicycle and auto rental agency, excluding commercial vehicles, tru cks, buses, vans, boats and RV rentals, only if fully enclosed within a building.
16 Refer to Subsection XI -10-6.02-2, Special Uses, of this Chapter, for standards. Service stations shall follow the "General development policy: Gasoline service stations, and automotive service centers" adopted by the City Council on December 19, 1995.
17 Massage establishments are subject to Title III, Chapter 6 of the Milpitas Municipal Code and Subsection XI -10-

13.16 of this title. Refer to Subsection XI -10-13.16, of th is Title, for special provisions for massage establishments. 547
Item # 15.
15 18 Only allowed within a dwelling unit, subject to the requirements of Subsection XI -10-13.17, Short -Term Rentals, of this Chapter.
19 Only allowed within multi -family dwellings, subject to the requirements of Subsection XI -10-13.08, Accessory Dwelling Units, of this Chapter.
20 Refer to Subsection XI-10-13.18, Mobile Food Vending, of this Chapter.

XI-10-7.02 - Industrial Use Regulations

Table XI-10-7.02-1
Industrial Zone Uses
Use M1 M2 MP

1. Commercial Uses
Adult Businesses 1 P NP NP
Business support services P NP P
Commercial services P NP P
Janitorial services P NP P
Office supplies C NP C
Printing (newspaper, blueprint, publishing) P NP C
Retail stores, general merchandise 2 C NP C

2. Entertainment and Recreation Uses
Billiards C NP C
Commercial athletic facilities C NP C

3. Health and Veterinarian Uses
Hospitals NP NP C
Kennel P NP NP
Medical support laboratories P NP P
Medical and dental offices and clinics 2 P NP P
Veterinarian hospital P NP P

4. Industrial Uses
Assembly from pre-processed materials 3 P P P
Auto assembly facility NP P NP
Bottling facility P P NP
Building material sales (equipment rental) 4 NP C NP Commercial fueling facility C C NP
Commercial laboratory P P P
Contractor's yard and offices 4 NP C NP
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16 Use M1 M2 MP
Distribution facility P P P
Freight and trucking yard 4 NP P NP
Mini-storage complex C C NP
Plumbing, metalworking, glassworking or woodworking P P NP Plant or facility (research & development, assembly,
manufacturing, packaging, processing, repairing, etc. or materials, merchandise or products)

P P P
Pottery or tile manufacturing P P NP
Recycling processing facility C C NP
Warehousing and wholesale P P P

5. Lodging Uses
Hotels/motels C NP C

6. Professional Office Uses
Administrative, professional or research 2 P NP P
Financial institutions (banks, savings and loans, etc.) C NP P

7. Public, Quasi-Public and Assembly Uses
Auditorium 5 NP NP C
Conference center 5 NP NP C
Vocational school C NP C
Farmer's market (not including flea market) 6 NP NP C Public utilities 7 P P P
Transportation facility (taxi, parcel service, armored car, etc.) 4 NP P NP Temporary Public Safety Uses 8 C C C
Places of assembly 12 C NP C

8. Residential Uses
Caretaker's residence C C NP

9. Restaurants or Food Service Uses
Catering establishment P NP P
Restaurants
With on-site service of alcohol C NP C
Without on-site service of alcohol C NP C
With live entertainment/dancing NP NP NP
Drive-in or drive-thru C NP C
Mobile Food Vending (individual vehicle) 13 P P P
Mobile Food Park NP NP NP
Commissary P NP P

10. Vehicle Related Uses
Auto junk yard 4 NP C NP
Auto repair (tire, oil change, smog check, etc.) 9 C P C 10 Service stations (with or without repair or retail) 9 C C C With car wash NP C C
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17 Use M1 M2 MP
Vehicle sales and rental (auto, RV and truck-new and used in operable condition) 11 C C C 10
Auto broker (wholesale, no vehicles on site) 12 MCS MCS MCS

1 In accordance with the Title III, Chapter 4, Adult Business Ordinance and Subsection XI -10-13.04, Adult Businesses, of this Chapter.
2 When found necessary to serve and appropriate to the industrial area. 3 Assembling, packaging, or distribution from previously prepared materials, such as cloth, plastic, paper, leather, precious or semi -precious metals or stones, electric or electronic instruments and devices such as television, radios, and pharmaceutical pro ducts.
4 When conducted wholly within a completely enclosed building or within an area enclosed on all sides with a solid wall or fence (e.g. chain link with slats) not less than eight feet in height. 5 Shall be ancillary to the primary use or associat ed with business or industrial uses. 6 Refer to Subsection XI -10-13.10, Farmers Markets, of this Chapter. 7 Includes service facilities, electric transmission and distribution substations and public utility service centers. 8 See Subsection XI -10-13.11(I), Temporary Public Safety Uses. 9 Entrances to the services bays shall not be open to the street, but shall be so designed to face the rear or interior side property line.
10 Within MP zones, rental and repair may be considered only when ancillary to new auto dealerships. 11 Within MP zones, boat and camper sales are prohibited. Dealerships shall be on property at least three acres or greater in area.
12 See Subsection XI -10-7.04(A)(1), Industrial Zone Special Development and Performance Standa rds. 13 Refer to Subsection XI-10-13.18, Mobile Food Vending, of this Chapter.

XI-10-10.02 - Institutional Use Regulations

Table 10.02-1
Institutional Zone Uses
Use Institutional Zone
Correctional facility C
Educational institutions: 1
Public colleges or universities O
Private colleges or universities C
Public schools O
Farmer's market (not including flea market) C
Government offices and related facilities (Federal, State and Local) C Hospital or sanitarium (Public) 1 C
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18 Use Institutional Zone
Library (Public) C
Medical clinic or offices (Public) C
Catering establishment C
Mobile Food Vending (individual vehicle) 3 P
Mobile Food Park NP
Commissary MC
Museum C
Parks C
Public safety uses C
Public service uses C
Public utilities C
Temporary seasonal sales 2 P
Transportation facility C
1 State has authority over permitting process regarding public facilities. 2 Refer to Section XI -10-13.11(D), Temporary Seasonal Sales, of this Chapter. 3 Refer to Subsection XI-10-13.18, Mobile Food Vending, of this Chapter.

Section 39 – POS Park and Public Open Space District
XI-10-39.02 – Uses Permitted
The following are the principal permitted uses in a POS District:

39.02-1 Public parks and recreational facilities, with the exception of public community centers and public indoor sports centers.

39.02-2 Public trails.

39.02-3 Public community gardens.

The following are permitted as accessory uses in a POS District:

39.02-4 One mobile food vehicle, subject to approval of a Minor Site Development Permit pursuant to Subsection XI -10-57.03(B)(2) of this Chapter. See also Subsection XI -10-13.18.

39.02-5 Two or more mobile food vehicles operating together for a period of seven consecutive days or less, subject to approval of a Special Event Permit pursuant to Section 15 of this Chapter. See also Subsection XI -10-13.18.

XI-10-39.03 – Conditional Uses
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19 The following uses may also be permitted if their location is first approved by the Planning Commission, as provided for in Section 57, after considering a recommendation from the Parks, Recreation, and Cultural Resources Commission:

39.03-1 Public community centers and public indoor sports centers.

39.03-2 Day care centers.

39.03-3 Public utility facilities.

39.03-4 Radio or television transmitters.

Amend:

Section V-100-10.11 – Unlawful Parking – Peddlers, Vendors

10.11-1 Except as otherwise provided in this section, no person shall stand or park any vehicle, wagon or push -cart from which goods, wares, mer chandise, fruits, vegetables or foodstuffs are sold, displayed, solicited or offered for sale or bartered or exchanged, or any lunch wagon or eating car or vehicle, on any portion of any street within this City, except that such vehicles, wagons or push -carts may stand or park only at the request of a bona fide purchaser for a period of time not to exceed ten (10) minutes at any one place. The provisions of this Subsection shall not apply to persons delivering such articles upon order of, or by agreement with a customer from a store or other fixed place of business or distribution.

10.11-2 Deleted by Ord. 43.139.

10.11-3 Deleted by Ord. 43.139.

10.11-4 Deleted by Ord. 43.139.

10.11-5 It shall be unlawful to sell, display, solicit or offer for sale, barter or exchange or otherwise peddle or vend any goods, wares or merchandise (including, but not limited to wearing apparel, flowers or foodstuffs) from the sidewalk, curb or street (and whether on foot or from any vehicle, wagon or cart, or otherwise) at any o f the following locations within the City of Milpitas:

1. Abbott Avenue from Spence Avenue to Calaveras Boulevard

2. Abel Street (Entire)

3. Calaveras Boulevard/SR -237 from and including the western City Limit to Coyote Creek to and including its intersection wi th Carnegie Drive

4. Capitol Avenue from Abel Street to the south City Limits

5. Dixon Landing Road (Entire)

6. Dixon Road from Milpitas Boulevard to Arizona Avenue

7. Jacklin Road from Milpitas Boulevard to and including Park Victoria Drive 552
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20 8. Landess Avenue those portions within the City of Milpitas

9. Main Street from Curtis Avenue to south City Limits

10. McCarthy Boulevard (Entire)

11. Milpitas Boulevard (Entire)

12. Montague Expressway (Entire)

13. Park Victoria Drive from Ayer Street to south City Limits

14. Serra Way (Entire)

10.11-6 Application

(a) The provisions of V -100-10.11-5 shall be applicable to any vehicle, wagon or push - cart, to which V-100-10.11-1 applies.
(b) The provisions of this Section V -100-10.11 shall not apply to mobile food vehicles as defined in Section XI -10-13.18(B).
(c) The provisions of V -100-10.11-5 shall be applicable to any wagon or push -cart to which V-100-10.11-1 applies.

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21 Amendments to existing regulations in the Zoning Ordinance:

Section 15 - Special Events and Activities

XI-10-15.04 - Definitions
The definitions set forth in this part shall govern the application and interpretation of this Section.

1. "Amplified Sound" means any sound created by the use of sound amplification equipment and/or performance with electric or acoustic instruments asso ciated with a special event.

2. "Athletic Events" means a physical or endurance activity that includes but is not limited to races, runs, walkathons, bicycle tours and the like.

3. "Block Party" means a party for all the residents of a block or neighbo rhood, typically held on a temporarily closed City street.

4. "Business day" means any day except Saturday, Sunday and holidays observed by the City of Milpitas.

5. "Business License" means a permit issued by the City of Milpitas that allows individuals, companies, or other entities to transact and conduct business within the City limits.

6. "City Official" means an authorized officer of the City of Milpitas as appointed by the City Manager or City Council.

7. "Director" means the Director or head of the department(s) designated to issue Special Event Permits, or such other person or persons designated by the Director to fulfill the responsibilities identified as the Director's responsibilities herein.

8. "Downtown" means the main business or comme rcial areas within the Specific Plan districts and the Town Center Zoning District.

9. "First Amendment Event" means conduct, the sole or principal object of which is the expression, dissemination or communication by verbal, visual, literary, or auditory means of opinion, views or ideas. Expressive activity includes, but is not limited to, public oratory and distribution of literature.
10 "Indigent Natural Person" includes, but is not limited to, a person enrolled or participating in a federal or state government assistance program for low -income or indigent persons such as general assistance, CalWORKS, Medi -Cal, food stamps, Supplemental Security Income (SSI), Women, Infants and Children (WIC), U.S.

Department of Housing and Urban Development (HUD) Section 8 rental housing subsidy, and other subsidized or public housing.

11. "Indoor/Outdoor Facility Rental Agreement" means a rental agreement issued by the Recreation Services Department to conduct a special event in a park.

12. “Mobile Food Vending Event” means an event where two or more mobile food vehicles gather in one location for a period of seven consecutive days or less.

13. "Outside Agency" means any local, state or federal regulatory agency responsible for administering permits to allow certain activities within their purview. Outside agencies includes but not limited to other City jurisdictions, Santa Clara Valley Water District (SCVWD), Santa Clara Valley Transportation Authority (VTA), California Department of 554
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22 Transportation (Caltrans), California Department of Alcoholic Beverage Control, Santa Clara Country Department of Environmental Health and Santa Clara County Roads and Airports.

14. "Parade" means an organized group marching in procession on a street. Parades do not include races, runs or other athletic events.

15. "Park", for purposes of this Section, means all outdoor areas managed by the Recreation Services Department, which are identified as a City park by the City, made available for use by the public as a park for recreation or open space purposes, and over which the City has the right of use for such purposes. The term "park" does not include outdoor areas adjacent to community centers not otherwise located within a City park, or property owned by school di stricts even if the property is used by the City for recreational purposes.

16. "Paseo" means a mall designed and used for pedestrian passage between two or more parallel streets and which is owned or controlled by the City. The definition of "paseo" includes any adjacent sidewalks.

17. "Permittee" means a person, company, corporation or entity that is given a permit or permission to hold a Special Event.

18. "Permit Applicant" means a person, company, corporation or entity that applies for a permit.

19. "Plaza" means a public square or similar open area in the downtown which is owned or controlled by the City. The definition of "plaza" includes any adjacent sidewalks.

20. "Public Right-of-Way" means any street, alley, or similar parcel of land, which is deeded, dedicated, or otherwise permanently appropriated to the public for public use.

21. "Regulations" means the policies, rules and regulations mandated by the City which govern the Special Event Permit and use of City sidewalks, streets, plazas, paseos, and parks.

22. "Simple Assembly" means a gathering of persons at a park, plaza or paseo that does not include any of the following:
a) The placement or erection of equipment or temporary structures other than one portable table and two chairs; or
b) Activities referenced in Section XI-10-15.04(23)(c) of this Code. c) For purposes of illustration, a simple assembly can be a large gathering of 150 persons; no equipment or structures (other than a table and two chairs) are placed or erected; and the other activities (i.e., cooking, sale or public distribution of food and commercial merchandise) are not involved. Nothing herein prevents the use of handheld equipment, including a loudspeaker, and handheld signs at a simple assembly.

23. "Special Event" means an outdoor event that consists of any of the following:
a) A parade or assembly consisting of persons, animals, vehicles, or any combination thereof, which is to intended to assemble or travel in unison on any street and which does not comply with applicable traffic regulations, laws, or controls; b) An organized assemblage of 150 or more persons at a plaza or park, or 75 or more persons on a paseo, or any assemblage that exceeds the maximum capacity of 555
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23 the plaza, park or paseo facility gathered for a common purpose under the direction or control of a person or organization; or
c) An activity or event on a public right-of-way, plaza, paseo, park or private property which involves:
i. The placement or erection of equipment or temporary structure s other than one portable table and two chairs, including but not limited to a booth, tent, canopy, stage, barricade, fencing, generator, heating equipment, sound amplifier, vehicle or float;
ii. The use of live animals, fireworks, pyrotechnics, electric al power and/or cabling, or equipment or materials that can create a risk of damage to public or private property or injury to persons;
iii. Cooking or the sale, preparation for sale or commercial distribution of food or beverages;
iv. The sale of commercial merchandise.
d) An activity which involves blocking off a street or other use of a street which obstructs the normal traffic thereon.
e) Examples of Special Events include, but are not limited to, concerts, parades, carnivals, fairs, festivals, block parties, public dances, street fairs, community events, sporting or athletic events, parties, meals, mobile food vending events, celebrations and receptions.
f) For definitions of "Major" or "Minor" Special Events, see Table XI -10-15.03-1:

Review Requirements for Special Events.

24. "Special Event Permit" means a permit issued pursuant to this Section, which authorizes the holder to conduct a Special Event at a Special Event Venue in accordance with its terms and conditions. A Special Event Permit includes a Temporary Street Closure Permit, Temporary Assembly Permit, Business License, and any outside agency regulatory perm its that may be required for the operations and activities for the aforementioned Special Event.

25. "Special Event Venue" means the outdoor area (i.e., private property, street, park, paseo, or plaza) for which a Special Event Permit has been issued.

26. "Street" means a public or private right -of-way used for vehicular traffic that is owned, controlled or maintained by the City. The definition of "street" includes the entire street right-of-way inclusive of any and all adjacent sidewalks.

27. "Temporary Street Closure Permit" means a permit issued by the Chief of Police of the Milpitas Police Department or designee to conduct a special event on a public street.

28. "Temporary Assembly Permit" means a permit that is issued by the City of Milpitas Fire Marshal for the temporary assembly of 50 or more people associated with a Special Event.

29. "Temporary Collection Service Agreement" means an agreement between the Permittee and City's public service provider for the trash and recycling collection.

30. "Written Request" means written, typed or email correspondence submitted by the applicant to the Director or Designee. Text messages are not included.

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1 Summary of Research on Mobile Food Vending Regulations

1. GENERAL TRENDS AND OBSERVATIONS

Defining Different Types of Mobile Food Vending

Many cities only include a general definition for food trucks (or mobile food vehicles) and don’t get into other, more specific categories.

However, some cities differentiate food trucks from other mobile food vending types, such as ice cream trucks (which have historically not been restricted in residential areas, and which primarily vend in these areas) and smaller food carts (which, if allowed, usually have a separate set of requirements and a different approval process).

Zoning Districts Where Permitted

Nearly all cities allow food trucks in commercial and industrial zones and prohibit them in residential zones (see also section on “Mobile Food Vending Regulations for Residential Zones” below on pages 4-5).

Some cities don’t allow food trucks in office zones but do allow them in general commercial or neighborhood commercial zones. Some cities, typically larger ones, restrict mobile food vendors from operating in their downtowns or centrally located historic districts.

Most cities allow food trucks in mixed-use zones.

For public parks, regulations vary greatly from city to city. Some allow food trucks in parks with a zoning or other City permit, while others are silent on this point in their regulations (which likely means it would not be permitted). Some allow mobile food vending in parks only by special approval (e.g. City Manager authorization, only in connection with an organized event).

Number of mobile food vending vehicles permitted

Many cities don’t address this in their mobile food vending regulations.

Examples of cities that do:

Denver, CO – No more than one food truck per parcel, unless part of a special event (festival, carnival, bazaar, etc.)

Raleigh, NC – Parcels less than 0.5 acre – only one food truck Parcels between 0.5 acre and 1 acre – up to two food trucks Parcels over 1 acre – up to three food trucks

Oakland, CA - Regulations include categories and different requirements for individual food trucks and “group sites” (2 or more food trucks).

Review and approval process

There is significant variation in terms of the review and approval process for mobile food vending in different cities. Some cities allow food truck operations through approval of an 557
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2 existing permit type – typically a ‘temporary use,’ ‘special use,’ or ‘special event’ or similar.

Other cities establish a new, specific permit type for food truck operations, e.g. a ‘mobile food truck permit.’ Some cities adopt regulations and standards for mobile food vending and define where (i.e. which zoning districts) it is permitted and prohibited, but do not require the approval of a planning or land use permit (business licenses and health permits are typically required in all cases).

Other Permits/Licenses Required

Many cities require that food truck operators: (1) obtain a City business license, and (2) maintain a valid permit for mobile food facilities from the County health department and display this permit in a location visible to the public.

Location/Siting Requirements

On private property

Many cities require than a food truck operator must obtain prior written permission from property owner and must have an original copy of this permission at all times while the food truck is onsite or in operation.

Many cities require that a food truck be parked on a paved surface outside any designated fire lane and outside any parking or loading space that is required for the principal use on the property.

In public right-of-way

Many cities require that a food truck be parked in a legal parking space and comply with all City and State traffic and parking restrictions.

Site design criteria

Parking

Most cities do not include specific parking requirements for food trucks, since in most cases they are considered a temporary use or an accessory use. Many cities require site plans for food trucks operating on private property to show parking spaces, but there is usually no prescribed parking requirement.

Some cities state that food trucks on private property may not park in required spaces (i.e. parking spaces that are required to serve the principal use on the lot).

Parking requirements for food trucks are most relevant for group vending sites.

Access, circulation

Some cities include requirements for mobile food vending operations related to access and circulation, e.g. that they must not impede safe movement of vehicular or pedestrian traffic, parking lot circulation or access to any public alley or sidewalk; or that they must maintain a clear line of sight for vehicles, bicyclists, and pedestrians.

For food trucks in public right-of-way, some cities state that vehicles may only serve customers from an adjacent sidewalk or the curbside of the vehicle. 558
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3 Separation from restaurants and other uses:

Most cities include a minimum required separation from restaurants. Requirements for minimum distance from food trucks to restaurants vary from 150 to 500 feet. Some cities allow the minimum distance from restaurants to be reduced or waived with Planning Director approval, or with written consent from all restaurant owners within a certain number of feet.

Some cities also include separation requirements from other types of land uses (e.g. residential uses, typically around 150 feet; and schools, typically 200-300 feet).

Space for dining

Most cities do not address this in their regulations, unless it is to say that tables, chairs, canopies, etc., are not allowed.

Standards, allowances, or restrictions for dining areas are most relevant for group vending sites.

For individual food trucks, it seems to be assumed that food will be purchased for take-away to be eaten somewhere else.

Restrooms

Most cities do not address this in their regulations.

Standards or requirements for restrooms are most relevant for group vending sites.

Operational characteristics

Hours

Most cities allow mobile food trucks to operate from 7am to 9pm, or 7am to 10pm. Some allow late night operation until 3am (usually restricted to certain locations e.g. downtown, in commercial zones or at a certain distance from residential zones; may also be restricted to Friday and Saturday only).

Duration

Most cities do not address this in their regulations, but some include restrictions such as: No more than X calendar days per year, no more than X consecutive days in a specific location, or no more than X consecutive hours at a specific location.

Noise

Some cities state that no amplified music is allowed. Many cities cite the jurisdiction’s noise ordinance and require food trucks to adhere to these rules.

Advertising

Many cities state that no signs/banners for mobile food vendors are allowed in the public right- of-way or across roadways. Some cities state that food truck signs must be permanently attached to or painted on the vehicle.

Trash disposal

Many cities require that mobile food vending operators provide separate and clearly marked receptacles for trash/recycling. Some go further to state that operators must properly dispose of 559
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4 all trash and recycling generated by the use on a daily basis. Some cities use language to the effect that operators must keep sidewalks, roadways, and other spaces adjacent to the operating site clean and free of paper, food waste, and other refuse generated from the mobile food vending operation. Some cities provide a specific distance within which the food truck operator is responsible for picking up litter and keeping the area clean (e.g. 25 feet).

Commissaries

Most cities do not address this in their regulations.

Note: County Health Departments typically require food sold by mobile food vehicles to be prepared in an approved commissary or commercial kitchen.

Night parking of food trucks

Many cities do not address this in their regulations. Some state that food trucks may not be parked overnight in the public right-of-way or on the private lot where they are operating.

2. MOBILE FOOD VENDING REGULATIONS FOR RESIDENTIAL ZONES

Examples from Bay Area Cities

San Leandro, CA (pop. 90,000)

 Mobile food vending prohibited in all residential zones; no exceptions

Santa Rosa, CA (pop. 180,000)

 Mobile food vending prohibited in all residential zones; no exceptions

Mountain View, CA (pop. 81,600)
Note: mobile food vending regulations are not in the zoning code; they have their own chapter in the municipal code.

 Private property – mobile food vending not permitted on lots used for single-family home or duplex, or on vacant lots (otherwise permitted – on lots with multi-family residential)  Public property – certain streets are named where mobile food vending is not allowed (otherwise permitted, including in all residential zones)

Examples from other U.S. cities

Louisville, CO (Denver/Boulder area, pop. 21,000)

 Mobile food vending prohibited in all residential zones; no exceptions

Aurora, CO (suburb of Denver, pop. 386,000)

 Mobile food vending prohibited in all residential zones; no exceptions

Boulder, CO (pop. 330,000)

 On private property – mobile food vending prohibited in all residential zones 560
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5  In public right-of-way – mobile food vending conditionally permitted in R-1 (low-density residential), and prohibited in other residential zones

Austin, TX (pop. 961,855)

 Mobile food vending prohibited in all residential zones; no exceptions

Miami-Dade County, FL (pop. 2,700,000)

 Residential zones (all) - Mobile food vending permitted only on properties having a current certificate of use and occupancy as a museum, hospital, school, or church, provided such use does not operate more frequently than once per week and no longer than three consecutive days

San Diego, CA (pop. 1,386,000)

 Low density residential zones – mobile food vending prohibited; no exceptions  Multi-family residential zones – mobile food vending permitted by right only where accessory to a development with at least 16 dwelling units, and where food and beverage service is limited to residents and their guests

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Item # 15.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Review the Proposed Streets, Parks and Facilities Naming Policy, the current City Naming Lists, Authorize the Process for naming McCandless Park and Provide Feedback to Staff (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409)
Category: Community Services and Sustainable Infrastructure Meeting Date: 4/05/2022
Recommendation: (1) Review the Proposed Streets, Parks and Facilities Naming Policy and Provide Feedback to Staff; (2) Review City Naming Lists and Provide Feedback to Staff; and (3) Authorize Staff to begin process for naming McCandless Park.

Background:

On April 21, 2006, the City Council adopted Standard Operating Procedures (SOP) for naming City streets, parks and facilities through Council Subcommittee recommendation and Council action. After naming several streets and facilities, the Council at that time discontinued the subcommittee. On January 7, 2016, the then City Council established a Streets, Parks and Facilities Naming S ubcommittee that made recommendations to the existing Naming Policy, the Naming Lists, and naming several City streets, parks and facilities. This Subcommittee met through November 8, 2017.

On February 26, 2019, City Council sunset the Streets, Parks and Facilities Naming Subcommittee and directed staff to assign naming recommendations for streets to the Planning Commission and for parks and facilities to the Parks, Recreation and Cultural Resources Commission. Based on the City Council direction and the input from the previous Naming Subcommittee, staff is bringing forward an updated policy in the new City Council Policy format for naming streets, parks and facilities.

Analysis:

This staff report provides a summary of the attached draft City Streets, Parks and Facilities Naming Policy (Policy), discusses the current naming list and provides the information regarding the naming of McCandless Park.

Draft Policy Summary
Below, please find highlights of the Policy from the Purpose, Policy, and Procedure sections.

The Purpose of the Policy is to establish the guidelines, criteria and processes for naming City streets, parks and other facilities.

For naming of facilities, the draft Policy requires that

- The Planning Commission shall evaluate names of City streets and shall make recommendations to the City Council.
- The Parks, Recreation and Cultural Resources Commission shall evaluate names of City parks and facilities and shall make recommendations to the City Council. - Naming recommendations are made from City established and City Council approved Naming Lists. - The Policy does not prohibit the duplicative use of a name on a street, park or facility, but does not allow duplication within an asset type such as street, park or facility.

The draft Policy also allows for the consideration to rename a City asset per the policy statement as follows:

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A deliberative process by City staff will be conducted to ensure that renaming of a street, park and facility will not diminish the original justification for the name or the prior contributors. Parks and facilities named after individuals shall not be changed unless it is found that because of the individual’s character the continued use of their name would not be in the best interest of the community. Parks that have been named by deed restriction shall not be considered for renaming.

Further, the policy recommends that when naming parks and facilities near schools that the naming effort is coordinated with the Milpitas Unified School District when possible.

The draft Policy identifies criteria and guiding factors for naming or renaming a street, park or facility as follows:

1. Neighborhood or geographical identification, such as street, school, or other descriptive names;

2. Natural or geological features of the area;

3. Historical or cultural significance: the name of a historical figure can be considered if the figure had a significant and extraordinary historical influence on the area, state, national or international level;

4. The name of any person or family that has made a significant impact in the community and/or in development of the street, park, facility;

5. An individual or organization that contributed significantly to the acquisition or development of the park or facility to be named. This can include either a deed or substantial monetary contribution, or contribution toward acquisition and/or development of the park or facility. (Naming rights are not guaranteed if the donation is a dedication as required by the subdivision.

6. The articulated preference of residents of the neighborhood surrounding the street, park, facility;

7. A name should represent community values and consider future generations and ethnic diversity; If the name of an individual or family is to be considered, the use of such name shall have the approval of the individual (or his/her surviving family) or family when reasonably possible.

8. Avoid confusing or similar sounding names. (Public Safety Dispatch test)

9. Avoid changing street names along any continuous alignment. (Continuity test)

The draft Policy procedures implement the policy statements such as maintaining Naming Lists, the recommendation process from the Planning and Parks and Recreation and Cultural Resources Commission, and the steps for renaming streets, parks or facilities.

Naming Lists
The City currently has three (3) naming lists (attached) covering three naming categories with approved naming areas (streets, parks and/or facilities). Those lists are:

Naming List Category Approved Naming Area
California Native Plants, Flowers, Trees Streets
U.S. Presidents Streets, Parks
Influential People Streets, Parks
Milpitas Historical Names Streets, Parks, Facilities

Naming lists were last updated in 2017. Feedback from the City Council on the lists is requested, including new names to add to the existing lists or creating additional lists through new Naming criteria genres.

Naming of McCandless Park
The new City park on McCandless Drive is anticipated to have a partial opening of its playgrounds, picnic areas, and community garden in late summer or early fall of 2022. This 4-acre park, adjacent to the new Mabel Mattos Elementary School, will also have in later park development phases, dog park areas, and lit field for sports use.

This park is not currently named. Signage for the park requires ordering by early spring 2022 so that it can be installed before the park opens.

To keep with the park project timeline, staff is seeking the approval of City Council to move forward with the process to name the park based on the Naming Policy feedback received at this meeting.

Next Steps
After receiving Council input, staff will return with a final Policy no later than the first Council meeting in May.

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Fiscal Impact:

There is no fiscal impact associated with this item.

California Environmental Quality Act:

By the definition provided in the CEQA Guidelines Section 15378, this action does not qualify as a “project” for the purpose of CEQA as this action has no potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

Recommendation:

1. Review the Proposed Streets, Parks and Facilities Naming Policy and Provide Feedback to Staff.

2. Review City Naming Lists and Provide Feedback to Staff.

3. Authorize Staff to begin process for naming McCandless Park.

Attachments:

1. Proposed Streets, Parks, and Facilities Naming Policy

2. City Naming Lists – President List

3. City Naming Lists – Milpitas Historical Names

4. City Naming Lists – California Native Plant, Flower, Tree 564
Item # 16.

CITY OF MILPITAS
Revision Date
Original 04/21/2006

CITY COUNCIL POLICY

1. PURPOSE

1.1. This Policy establishes the guidelines, criteria, and processes for naming City streets, parks, and other facilities.

1.2. This Policy is consistent with Milpitas Municipal Code, Title XI-1000 and Government Code Section 34093.

2. POLICY

2.1. The City shall have the sole authority and the City Council shall have the final authority to approve names of City Streets, Parks, and other Facilities.

2.2. The Planning Commission shall evaluate names of City streets, and shall make recommendations to the City Council.

2.3. The Parks, Recreation, and Cultural Resources Commission shall evaluate names of City parks and facilities, and shall make recommendations to the City Council.

2.4. Although the City will have full control and final decision-making authority on any names selected, public input will be received, and other names may be raised and requested to be considered by the City Council.

2.5. From time to time, the City Council shall approve names to be added to a list(s) of names suitable for streets, parks, and facilities.

2.6. No duplication of names within an asset type (i.e., park, facility, plaza) will be approved.

2.7. A deliberative process by City staff will be conducted to ensure that renaming of a street, park, and facility will not diminish the original justification for the name of the prior contributors. Parks and facilities named after individuals shall not be changed unless it is found that because of the individual’s character the continued use of their name would not be in the best interest of the community. Parks that have been named by deed restriction shall not be considered for renaming.

2.8. The following criteria and factors shall be considered with naming or renaming a street, park, or facility:

2.8.1. Neighborhood or geographical identification, such as street, school, or other descriptive names;

2.8.2. Natural or geological features of the area;
Policy No:

Click or tap here to enter
text.

CITY STREETS, PARKS AND

FACILITIES NAMING POLICY
Effective Date:
2/15/2022
Revision No:
1 Policy Administrator:

Recreation and Community Services

Next Review Due:

As needed
Related Policies and
Procedures:

Incorporates and
replaces SOP 1.3
Approved by:

Click or tap here to enter text.

Council meeting date, agenda item #, and
vote

Date Approved:
2/15/2022
565
Item # 16.

CITY OF MILPITAS
Revision Date
Original 04/21/2006

CITY STREETS, PARKS, AND FACILITIES NAMING POLICY / POLICY #

2.8.3. Historical or cultural significance: the name of a historical figure can be considered, if the figure had a significant and extraordinary historical influence on the area, state, national, or international level;

2.8.4. The name of any person or family that has made a significant impact in the community and/or in development of the street, park, or facility;

2.8.5. An individual or organization that contributed significantly to the acquisition or development of the park or facility to be named. This can include either a deed or substantial monetary contribution, or contribution toward the acquisition, and/or development of the park of facility. (Naming rights are not guaranteed if the donation is a dedication as required by the subdivision.)

2.8.6. The articulated preference of residents of the neighborhood surrounding the street, park, facility;

2.8.7. A name should represent community values and consider future generations and ethnic diversity;

2.8.8. If the name of an individual or family is to be considered, the use of such name shall have the approval of the individual (or his/her surviving family) or family when reasonably possible;

2.8.9. Avoid confusing or similar sounding names (Public Safety Dispatch test);

2.8.10. Avoid changing street names along any continuous alignment (Continuity test).

2.9. Naming of parks and facilities near schools shall be coordinated with the Milpitas Unified School District as much as possible.

2.10. All naming and/or renaming of a park or facility will be set forth by a Council Resolution.

2.11. Should policy conflict with any City Ordinance, Code or other laws and regulations, the respective City Ordinance, Code or other laws and regulations shall prevail.

3. PROCEDURE

3.1. Maintaining a List of Names for Naming Streets, Parks, and Facilities.

3.1.1. The Recreation and Community Services Department shall maintain a List of Names for Naming Streets, Parks, and Facilities.

3.1.2. As needed, the Director of Recreation and Community Services shall bring additions to the List of Names for Naming Streets, Parks, and Facilities to Council for approval at any regular or special meeting.

3.2. Naming of Streets, Parks, and Facilities

3.2.1. City street naming recommendations shall be brought to the Planning Commission for recommendation to the City Council and may be considered at any regular or special meeting.

3.2.2. City park and facility naming recommendations shall be brought to the Parks, Recreation, and Cultural Resources Commission for recommendation to the City Council and may be considered at any regular or special meeting.

3.2.3. Naming recommendations shall be from the City Council approved List of Names available from the Director of Recreation and Community Services. 566
Item # 16.

CITY OF MILPITAS
Revision Date
Original 04/21/2006

CITY STREETS, PARKS, AND FACILITIES NAMING POLICY / POLICY #

3.3. Proposed names for new City streets, parks, and facilities should be considered during the entitlement process prior to the final map approval.

3.4. Names being considered for streets shall be reviewed by the City and County emergency services dispatch and Post Office to discourage names that are too similar or confusing that may hinder emergency response; or are otherwise inappropriate for public safety purposes.

3.5. The following City Departments will contribute to the establishment and maintenance of databases for named streets, parks, and facilities:

3.5.1. Information and Technology Department – Maintain database of all City assets (streets, parks, and facilities)

3.5.2. Recreation and Community Services Department – Maintain Naming Lists, information about historical references, person’s full names, ancestry, dates of birth and death, and other information of interest about the person or group, and the significance of their name to Milpitas’ history and/or to that particular named asset.

3.5.3. Planning Department – Coordinate Street Naming related to new development, prepare, and maintain GIS databases for mapping of new facilities.

3.6. Renaming of a street, park, or facility

3.6.1. The renaming of a street, park, or facility may be initiated by City Council, City Commission, City staff, a group, or individuals.

3.6.2. The initiation of renaming by non-City organizations or individuals shall be made by participating during Public Forum at the appropriate advisory City Commission or City Council meeting.

3.6.3. The City Commission may place the request on the agenda for review of the proposed name(s), taking of public comment, and discussion of the renaming proposal consistent with this Policy.

3.6.4. When a City Commission considers the renaming proposal of a street, park, or facility, staff shall notify the surrounding neighborhood in a ¼ mile radius.

3.6.5. If the City Commission supports the renaming proposal, it will make a recommendation to the City Council for Council consideration.

3.7. The name of a park or facility that is sold, transferred to non-city ownership, or otherwise deemed to no longer be a City of Milpitas property, should be transferred to another location eligible for naming. Should there not be an appropriate location, the name shall be added to the appropriate Naming List for future use.

567
Item # 16.

City of Milpitas
Facilities, Streets & Park Naming Subcommittee
Naming List – US Presidents
Approved for: Streets & Parks

PRESIDENT EXISTING STREET LOCATION

1. George Washington Washington Dr./N. Milpitas Blvd.

2. John Adams Adams Ave./N. Temple

3. Thomas Jefferson

4. James Madison

5. James Monroe

6. John Quincy Adams Adams Ave./N. Temple

7. Martin Van Buren

8. William Henry Harrison

9. John Tyler

10. James K. Polk

11. Zachary Taylor Taylor Dr./Conway St.

12. Millard Fillmore

13. Franklin Pierce

14. James Buchanan

15. Abraham Lincoln

16. Andrew Johnson

17. Ulysses S. Grant

18. Rutherford B. Hayes

568
Item # 16.

PRESIDENT EXISTING STREET LOCATION

19. James A. Garfield

20. Chester Arthur

21. Grover Cleveland

22. Benjamin Harrison

23. Grover Cleveland

24. William McKinley

25. Theodore Roosevelt

26. William Howard Taft

27. Woodrow Wilson Wilson Way/N. Milpitas Blvd.

28. Warren G. Harding

29. Calvin Coolidge

30. Herbert Hoover

31. Franklin D. Roosevelt

32. Harry S Truman

33. Dwight D. Eisenhower

34. John F. Kennedy Kennedy Dr./Fanyon St.

35. Lyndon B. Johnson

36. Gerald Ford

37. Jimmy Carter

38. Ronald Reagan

39. George Bush

569
Item # 16.

PRESIDENT EXISTING STREET LOCATION

40. Bill Clinton

41. George W. Bush

42. Barack Obama

570
Item # 16.

City of Milpitas

Facilities, Streets & Park Naming Subcommittee

Naming List
–

Milpitas Historical Names

Approved for: Streets
, Parks, Facilities

NAME

SUGGESTED

BY

DEDICATION LOCATION

19 th

CENTURY

1. Charles Beverson

Commission: PRCRC

Milpitas Cattle Rancher/Dairy Farmer

2. Alfred Doten

Commission: PRCRC

Milpitas literary figure/author

3. Alfred French

Commission: PRCRC

Ran first hotel that brought tourism to Milpitas

4. JW Johnson

Commission: PRCRC

First Town
Constable

5. Augustus Rathbone

Commission: PRCRC

Augustus Rathbone Park

First Storekeeper

20 th

CENTURY

6. Chew Family

Naming Subcommittee

Part of Milpitas’ early agricultural history, the

Chew’s had 15 acres where they ran their Flower

Farm business

7. Albert Currlin

Commission: PRCRC

Dedication Plaque: Valley Health Center

One of the first Doctors in Milpitas

571
Item # 16.

NAME

SUGGESTED BY DEDICATION LOCATION

8. Sal Cracolice

Naming Subcommittee

Sal Cracolice Building (through June 2016)

Ran Milpitas’ first Pharmacy, started first Youth Center

9. E
rnestina Garcia

Commission: PRCRC

Civil Rights Activist

10. Joe House

Commission: PRCRC

Mayor (1974
–

1976)

11. Bob McGuire

Commission: PRCRC

Dedication Plaque: Comm
.

Center Amphitheater

Fir
st Parks and Recreation Director

Bob McGuire Park

12. Ray Madruga

Commission: PRCRC

Early Ironworker, invented “Milpitas Plow”

13. Mabel Mattos

NA

Street: Mattos Dr./Edsel

Bench/Farm Equipment: Alviso Adobe

14. Ford

Naming Subcommittee

15. Dick Delong

Commission: PRCRC

Street: Delong Dr./Tradezone Blvd.

16. Joe Smith

Commission: PRCRC

Street: Smith Ln./Pimentel Cir.

17. Rogers Family (Ben, Jim)

NA

Ben Rogers Park

18. Weller Family (Joseph, Abraham)

NA

Street: Weller Ln./N. Main St.
/
We
ller Elementary

19. Denny Weisgerber

NA

Denny

Weisgerber Community Room: Senior Center

21 st

CENTURY

20. Larry Voellger

Naming Subcommittee

Public Art Project Dedication: Higuera Adobe Park

Started Milpitas’ first Public art
Program (Art in Your Park)/

Long Serving
Arts Commissioner

572
Item # 16.

21. Jimmy Chamoures

Naming Subcommittee

Instrumental in the rebuilding of the Milpitas Post Newspaper in the mid 90’s/Started Milpitas Yellow Pages

573
Item # 16.

City of Milpitas
Facilities, Streets & Park Naming Subcommittee
Naming List – California Native Plants, Flowers, Trees
Approved for: Streets

1. Maple Maple Ave./N. Abbott Ave.

2. Paprika

3. Pomegranate

4. Terracotta Terracotta Ct./Dogwood Ct.

5. Beacon Beacon Dr./Canton Dr.

6. Chamise

7. Fern Family
a. Fernleaf Dr. Fernleaf Dr./ Sandisk Dr.

8. Snapdragon

9. Manzanita Manzanita Court/Blue Spruce Way

10. Poppy Family
a. Poppy Lane Poppy Ln./E. Calaveras Blvd.
b. Poppy Court Poppy Ct./Poppy Ln.

11. Sagebrush Sage Brush St./Milkweed

12. Finnis

13. Milkweed

14. Butterfly Weed

15. California Aster

16. Pacific Aster

17. Desert Holly

18. Coyote Brush

19. Chuparosa

20. Barberry

21. Goldenstar

22. Lily Family

23. Camas

24. Harebell

25. Berkeley Sedge

26. Anemone

27. Purple Owls Clover

28. Lilac

29. Redbud

30. Willow Willow Ave./N. Abbott Ave.

31. Rabbit Brush

32. Thistle Thistle Pl./Clover Cir.

33. Clarkia

34. Chinese Houses

35. Dogwood Dogwood Ct./Terracotta Ct.

NAME EXISTING STREET LOCATION
574
Item # 16.

36. Sacred Thorn

37. Dichondra

38. Shooting Star

39. Bleeding Heart

40. Candleholder

41. Lance Leaf

42. Cactus

43. Canyon Prince

44. Desert Tea

45. Stream Orchid

46. Rabbit Brush

47. Yerba Santa

48. Buckwheat

49. St. Catherine's Lace

50. Golden Yarrow

51. Lizard Tail

52. Fremontea

53. Bush Family

54. Bedstraw

55. Snapdragon

56. Sunrose Sunrose Ct./Joshu Tree Ct.

57. Toyon

58. Coral Bells

59. Alumroot

60. Cardinal

61. Bridget Bloom

62. Wooly Rose

63. Desert Lavender – “Lavender” Lavender Loop/Currant Rd.

64. Iris

65. Scarlet Gilia

66. Walnut Walnut Dr./N. Abbott Ave.

67. Chuparosa

68. Goldfields

69. Mallow Family

70. Tidy Tips

71. El Tigre

72. Sage Sage Ct/Tarob Ct.

73. Tiger Lily Tiger Lily St./Sunflower Ln.

74. Western Flax

75. Bitterroot

76. Cardinal Flower

77. Honeysuckle

78. Water Primrose

79. Lupine

NAME EXISTING STREET LOCATION
575
Item # 16.

80. Chamisso Bush

81. Catalina Ironwood

82. Laurel

83. Blazing Star

84. Wishbone Bush

85. Mustang Mint – “Mint” Mint Way/Cherry Cir.

86. Myrtle Myrtle Ln./Clover Cir.

87. Needlegrass

88. Beavertail

89. Pricklypear

90. Cactus

91. Clover Clover Cir/Myrtle Ln.

92. Redwood Sorrel

93. Palo Verde

94. Peony

95. Scarlet Bugler

96. Desert Bluebell

97. Fiesta Flower

98. Pine
a. Pinewood Way Pinewood Way/Fallen Leaf Dr.
b. Pinewood Court Pinewood Way/Pinewood Ct.
c. Pinehurst Court Pinehurst Ct./Tularcitos Dr.

99. Sycamore Sycamore Dr./Barber Ln.
100. Cottonwood Cottonwood Dr./Barber Ln.
101. Desert Peach
102. Desert Almond
103. Cherry Cherry Cir./Mint Way
104. Coffee Berry Coffee Berry Ln./Wild Rose Ln.
105. Red Berry Red Berry Ln./Sunflower Ln.
106. Lemonade Berry
107. Sugar Bush
108. Currant Family
a. Currant Currant Rd./Lavender Loop
109. Matilija Poppy
110. Wild Rose
111. Baja Rose
112. Chia
113. Sage Family
a. Sagemeadow Court Sagemeadow Ct./ Beresford Ct.
114. Mexican Elderberry
115. Checker
116. Catchfly
117. Grass Family

NAME EXISTING STREET LOCATION
576
Item # 16.

118. Goldenrod
119. La Luna
120. Aster Family
121. Clover Clover Cir & Clover Ct.
122. Southern Cattail
123. Sunflower Sunflower Ln./S. Main St.
124. Wild Grape
125. Joshua Tree Joshua Tree Cir./Lundy Rd.
126. Nightshade Nightshade Rd./Garden St.
127. Oak
a. Oakhurst Way Oakhurst Way/Sandhurst Way
b. Oak Ridge Road Oak Ridge Rd./Calaveras Blvd.

NAME EXISTING STREET LOCATION
577
Item # 16.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Receive a Presentation on Responses to Council Inquiries and Other Matters Related to the Proposed 2023-2027 Capital Improvement Program and Provide Feedback to Staff (Staff Contact: Michael Silveira, CIP Manager, 408-586-3303) Category: Community Services and Sustainable Infrastructure

Meeting
Date:
4/5/2021
Recommendation: Receive a presentation on responses to Council Inquiries and other matters related to the proposed 2023-2027 Capital Improvement Program and provide feedback to staff.

Background:

The City plans and budgets for its capital improvement projects through a five-year Capital Improvement Program (CIP). The projects in the first year of any proposed Five-Year CIP are funded while projects in the subsequent four years may be partially funded or not funded at all. The City Council is required to consider and adopt a five-year Capital Improvement Program before June 30, 2022.

On February 8, staff presented the proposed 2023-27 Capital Improvement Program, Fiscal Year 2022-23 CIP Workplan, Referrals, and the Engineering Department position requests to the City Council for review and consideration. The Council provided feedback to staff on referrals and requested staff bring additional information back on several items for Council consideration. On March 15, the City Council requested that staff bring forward as part of the adoption of the 2023-2027 CIP, a Sports Center Visitor Bleacher project for potential inclusion in the 2023-2027 Adopted CIP.

Analysis:

Based on Council discussion at the 2023-2027 CIP Study Session on February 8 and CIP related inquiries at the March 15 City Council meeting, staff is providing requested information, confirming Council’s intent related to certain projects, seeking Council direction for including certain projects into the 2023-2027 CIP and presenting the additional staffing complement and related Engineering project plan to deliver the Council’s highest priority projects during the next three years given currently anticipated funding.

Informational Items:

During the February 8th CIP Study Session and staff presentation, the Council asked questions on the various items presented and requested staff return with addition details on the following:

 Fire Station 1 Ambulance Personal Quarters
In preparation for the deployment of the ambulance, staff executed a contract with Ron Paris Construction (RPC) for the installation of a window at Fire Station #1 to improve sleeping quarters for the future ambulance staff in January 2021. Due to supply chain delays and contractor error, the shipment of the window was delayed significantly, which prompted staff to let the contract with RPC expire and contract with Tucker Construction. Tucker Construction had successfully completed several projects previously for the City and has the appropriate experience for the project at Fire Station #1.

The contract with Tucker Construction was executed on September 28, 2021 and is for the not-to- exceed amount of $41,159.00. Work is expected to be completed by June 30, 2022.

 McCandless & Curtis Well Improvement
578
Item # 17.

The western United States has experienced a historic dry period during the last few decades, and we have been in a drought for several years. In response to the drought, on August 5, 2021, the City Council adopted an urgency ordinance relating to the Water Shortage Contingency Plan due to mandatory and voluntary water consumption reduction targets required by the City’s water wholesalers.

Given the insufficient precipitation this winter, drought conditions will continue for the foreseeable future, which may result in reduction of water availability from our wholesalers. The construction of wells expands the City’s water supply portfolio which will allow the City to supplement water supply cutbacks during drought conditions.

Currently, the City does not use groundwater to meet customer potable water demand under normal conditions. The City has one existing fully developed well, Pinewood Well, which is dedicated to meet emergency water supply needs, and Curtis Well and McCandless Well will supplement emergency need once completed.

Capital Improvement Program Project No. 7076 provides for the design and construction of McCandless and Curtis potable water wells and related infrastructure as recommended by the Water Supply Augmentation Feasibility Report, March 2015. These projects are currently underway; however, staff has had to pause work due to new Council directed priorities. However, work will need to resume in order to meet future water demand.

Based on the projected water demand through 2040, the City would need a 6 million gallon above ground storage reservoir to meet storage requirements. With the use of the McCandless well, the above ground storage requirement is reduced to 2 million gallons.

Therefore, staff recommends that work on McCandless and Curtis wells continue in order to complete the project and bring these wells on-line as quickly as possible.

 Metro Police Substation
The Council requested additional information on the history and significance of the Metro Police Substation project (Project, No. 2011)
The project was first added to the Capital Improvement Program in 2019 as part of the adopted 2019- 2024 CIP. The Project provides funding to construct tenant improvements to convert a commercial building space within the Metro area into a 1,500 square foot police substation. The Project is funded through TASP fees and the total estimated cost is $1M.

It is anticipated that a new substation located in the Metro Specific Plan area will mitigate future traffic congestion impacts and help maintain police response times and police presence due to anticipated increased call volume from new residential developments, entertainment zone, and the Milpitas Transit Station.

There is an existing police substation within The Great Mall of the Bay Area, however the station is small and inadequate. There’s also increased risk and response delay because of pedestrians and vehicle traffic when responding to emergencies from the mall substation, so this location is not desirable.

With the build-out of the Metro Specific Plan area, estimated by 2050, and the development of City owned parcels, staff will bring forward potential sites for a Police Substation for Council consideration in the next few years.
 Dempsey Water Line Project
The Mayor asked what the project cost and schedule would be for a reduced project length between Selwyn Drive to Yosemite in order to repair a highly degraded road.

The Dempsey Water Line Project, No. 7118 provides for the design and construction for the replacement of 4,000 linear feet of 12" diameter cast iron pipe along Dempsey Road from North Park 579
Item # 17.

Victory Drive to Yosemite Drive. The pipe segment was installed in the 1950s and has reached the end of its service life. The estimated Project cost for the water line phase is $7.8M, however, a lack of Engineering resources and work on existing Council requested projects has prevented the Dempsey Water Line Project from moving forward.

In response to Council inquiry, the length of pipe segment between Selwyn Drive to Yosemite Drive is approximately 2,500 feet, and the estimated cost to replace this segment of water line is estimated at $4.8M. While a reduction in linear footage of pipeline replacement does correlate to a reduction in project cost, it does not equate to a reduction in City staff time required to start and administer the project as the same effort is required to administer the project regardless of length of pipe replacement.

Staff does not recommend a reduction in the length of pipe to be replaced. Rather, in order to resurface Dempsey Road as soon as possible, staff recommends including Dempsey Road in the resurfacing project schedule for construction summer of 2023 at an estimated cost of $2.5 million and start the water line project in FY 2024-25 with construction to occur about two years later. In order to mitigate the delay of the water line project and potential service interruptions, staff will proactively monitor critical sections of the water line for leaks and breaks.

City Council Referrals:

At the February 8 , 2022, proposed 2023-2027 CIP Study Session, the Council provided feedback on several Council Referrals. Staff seeks confirmation of Council’s intent regarding inclusion of the discussed referrals. It is important to note that on March 15, the City Council approved the Pickleball pilot and requested that staff bring forward as part of the adoption of the 2023-2027 CIP, a Sports Center Visitor Bleacher project for potential inclusion in the 2023-2027 Adopted CIP. The scheduled project start date is dependent on the addition of two positions in Engineering and filling of authorized positions and completion of current Council priorities underway.

Referrals to be included in the 2023-2027 CIP
 Gateway Signage
This unfunded project will be added to unfunded project list of the CIP to allow time for staff to research potential grant funding and outreach to local business and service clubs.

 Landmark Policy - Historic Resource Master Plan Update and Marker Program ($200,000) This project, which will be scheduled to begin in FY 2022-23, funds a study to assess the City’s historic structures.

 Police Substation
The Police Substation Project will remain as a funded project in the CIP, and staff will continue to look for suitable locations within the Metro area as noted above.

 Railroad Quiet Zone Study ($300,000)
This project, which will be scheduled to begin in FY 2024-25 depending on staff resources, funds a study and assessment for the implementation of Quiet Zones at the City’s 11 railroad crossings. The study will include a determination if the crossings meet established Quiet Zone criteria and will provide an analysis of crossing and street improvements required for Quiet Zone implementation.

Improvements may include permanent roadway and sidewalk closure, roadway undergrounding, or surface and rail gate improvements. Future crossing improvements required to support a Rail Quiet Zone petition, which are estimated to cost $2.4M to $10.1M per crossing, are not funded at this time.

No Federal, State, or County grant funding source is currently available to implement mitigations for Quiet Zones. A local municipality is financially responsible for these mitigation costs. However, jurisdictions such as City of San Jose through legislative advocacy was successful in obtaining State funding allocation for mitigations toward establishment of some Quiet Zones. Milpitas would need to take similar legislative advocacy effort to pursue outside funding for the desired Quiet Zones.

580
Item # 17.

 Rose Garden with Children’s Memorial ($300,000)
This project, which will be scheduled to begin in FY 2024-25 depending on staff resources, funds design and construction of the garden and memorial. Ongoing City maintenance costs, including utilities, is estimated at $10,000 annually. Potential community volunteers may help reduce the anticipated annual maintenance cost.

Referrals Not Scheduled to be Included in the 2023-2027 CIP  Pavement Marker Pilot Program
Staff understands a majority of Council was not in favor of proceeding with the pavement marker pilot program. Staff will continue with current traffic calming and assessment programs and will start two new projects in the current fiscal year related to traffic calming: Citywide Traffic Safety Assessment (Project No. 4293) and a Citywide Traffic Modeling (Project No. 4297).

New Projects or Projects with additional Information
On March 15, the City Council requested that staff bring forward as part of the adoption of the 2023-2027 CIP, a Sports Center Visitor Bleacher project for potential inclusion in the 2023-2027 Adopted CIP. Therefore, staff requests that the City Council provide feedback regarding the Sports Center Visitor Bleacher project for incorporation into the 2023-27 CIP. Further, staff is providing additional information regarding the Council Chamber Audio Visual System Replacement project and the criticality for advancing the project as soon as possible. The S. Milpitas Blvd. Vehicle Bridge at Penitencia project is included in this staff report to update the public regarding the $3 million allocation of federal funds.  Sports Center Visitor Bleacher
In 2016, the expansion and improvement of the bleachers at the Sports Center main field was completed as part of the installation of the synthetic turf fields. The work included the expansion of the existing “Home” bleacher and the addition of two 8-foot x 21-foot “Visitor” bleacher units on the opposite side of the field with a seating capacity up to 52 people per unit for a total of 104. Bleacher improvements were completed in conformance with the requirements of the Americans with Disabilities (ADA).

The “Visitor” bleacher units are approximately 8-foot by 21-foot, and the estimated cost to increase bleacher capacity by 50%, or an additional 52 seats, by adding one unit is $275,000, and the cost to increase capacity by 100%, or an additional 104 seats, by adding two additional units is estimated at $300,000.

Staff seeks Council direction regarding adding this project, and if affirmative, whether to expand the capacity by 50% or 100%, and the criticality of project completion. If the Council approves adding this project, it would be funded from the General Government CIP fund and given the current set of priorities, proposed and actual staffing levels, this project would be scheduled to start in FY 2026-27.

 Council Chamber Audio Visual System Replacement
Staff understands Council direction on February 8 was to not fund Project construction next fiscal year (FY 2022-23), however staff recommends at least proceeding with an assessment of the Council Chambers’ Audio Visual (AV) system and to align the City’s equipment needs with new available technology.

This is a proposed new Project for the replacement of the AV system in the Council Chambers, used to support City Council Meetings, Planning Commission Meetings, and other public events. The existing AV equipment is almost 10 years old and has reached the end of its service life where it has technical obsolescence and suffers frequent breakdowns. Since August of 2021, when the City Council meetings transitioned to a hybrid format, staff has needed to troubleshoot and develop multiple workaround solutions in order to enable the hybrid City Council meetings on at least five occasions. The breakdowns have included failure of hardware and associated power supply (UPS), as well as 581
Item # 17.

malfunctioning of video switching functions, audio functions, display screens, and the centralized control system itself. Staff has had to shut down and re-start the system multiple times and have managed to get the system functioning just minutes before the meeting start. Staff is currently developing a temporary solution as a back-up however this will not allow seamless integration and smooth streaming of the City Council meetings.

Furthermore, the current system was intended to be used for the purposes of television broadcasting.

The system now needs to interface with Zoom and live streaming media; thus, the proposed new equipment is desired to effectively handle web-streaming capabilities. Although the current legislation allows some flexibility for Council to attend the meetings virtually in the event of a failure of the Council Chambers’ AV system, this will likely change in the near future once the local state of emergency has ended. The project, once funded, will take at least several months to complete which is why staff is recommending proceeding with an assessment and a conceptual design.

The recommended assessment and design Phase proposed for (FY 2022-23) would include a recommended scope of work for system replacement that would be used by a future contractor. The assessment and design work is anticipated to cost $200K, which is recommended to be funded in FY2022-23. The Project is currently proposed to be funded through General Government CIP fund and the estimated cost is $1.3M. The construction phase of the Project is currently proposed for FY2023-24 and listed in the CIP document as unfunded. However, based on the assessment and any additional breakdown of equipment, staff may bring forward recommendations ahead of the subsequent five-year CIP, with potential funding proposed from the $2 million technology reserve fund.

 S. Milpitas Blvd. Vehicle Bridge at Penitencia (Project No. 2016)

This project provides for the design and construction of a vehicular bridge over Penitencia Creek at the end of the new S. Milpitas Blvd. Extension. The vehicular bridge is part of the Metro Area Specific Plan circulation infrastructure plan to provide vehicular, bicycle and pedestrian connectivity between Metro developments, Milpitas BART Station, Great Mall and surrounding residential developments.

The City of Milpitas was just awarded $3 million in Federal Community Project Funding for this project as part of the federal appropriations package signed by the President on March 11, 2022, which will augment the project budget from $12.7 million to $15.7 million. This increase in funding will be incorporated in the 2023-2027 Adopted Budget scheduled for Council approval on May 3rd, 2022.

Engineering Staffing and Project Delivery
On February 8 th, staff discussed the staff shortage within the Engineering Department and the need to add positions to address the current workload as well as Council’s capital improvement priorities. Staff proposed the addition of 4 new positions, which appeared to have City Council support.

Given recent geo-political impacts to the global, national and regional economy, staff projects less General Fund revenue. To better align the request for new positions with General Fund resources, the proposed FY 2022-23 Budget will include the addition of only two positions in Engineering. Pending a recovery of the economy during the next 12 months, staff intends to bring forward an additional two positions. The two engineering positions recommended to be added as part of the FY 2022-23 proposed Budget are a Principal Civil Engineer and a Junior/Assistant Engineer. The total cost for these 2 new positions is $476,500 and funded 30% by General Fund ($142,950) and 70% by the CIP ($333,550).

If the two additional positions are provided, the engineering department would complete its existing workload, and start up to 6 new projects: Cardoza Fields (currently only funding for design is allocated for this project) and Fire Station 1 Modular Building (design work would start in FY 2022 -23) as well as McCandless Street Bridge, Dempsey Road Water Line, the Rose Garden and Children’s Memorial and Railroad Quiet Zone Study (design work would start in FY 2023-24). If the City Council prefers to advance the Sports Center Visitor Bleacher, one of the six projects would have to be delayed.
582
Item # 17.

Currently, the Department is working to complete Council requested projects including the replacement of Fire Station 2 (bond funded); McCandless Park (grant funded); McCandless Well (water funded); Calaveras Bridge Widening (Measure B funded); ADA Compliance Review (grant funded); Alviso Adobe renovation ; and we anticipate starting ARPA funded park improvements and a required project for the renovation of the two Lighting Landscape Maintenance Assessment Districts (LLMD).

Staff is also working on a project to extend South Milpitas Boulevard across Capitol Avenue and Penitencia Creek and construct a vehicle/pedestrian bridge over Penitencia Creek, and a road to connect Sango and Tarob Court. As stated above, t he City was awa rded $3M in Federal Community Project Funding . Due to the requirements and deadline for use of this federal funding, staff is now required to focus additional time to this project and ensure it is completed in accordance with requirements for use of the funding.

The Engineering Department work schedule provided for the start of new projects assumes the prompt filling of new positions. It should be understood there is a current labor shortage making it difficult to fill positions and to obtain contract staffing. It may require 6 to 12 months to fill any new approved positions, which will delay starting new projects until the positions are filled.

Next Steps

Staff will incorporate Council feedback into the proposed 2023-27 CIP document. Staff anticipates presenting the Proposed 2023-2027 CIP document, as revised, to the City Council for consideration on May 3, 2022.

Proposed funding actions for the first year of the 2023-2027 CIP document will be presented for Council consideration as part of the approval of the FY2022-23 Adopted Budget scheduled for June 7, 2022.

Fiscal Impact:

As reported on February 8, 2022, t he proposed Capital Improvement Program includes funding recommendations for 38 projects in the amount of $ 29.6 million for FY2022-23 for repairs and improvements to City infrastructure. Based on direction from the April 5, 2022 City Council meeting, the Proposed 2023-2027 CIP will be updated, as necessary, including the total amount of all funding recommendations.

California Environmental Quality Act:

The City Council’s receipt of a presentation is not a discretionary action subject to the California Environmental Quality Act (CEQA). Further, even if this action was deemed to be a discretionary action, the City Council’s action in receiving the report is exempt from CEQA pursuant to CEQA Guideline 15061(b)(3) as it can be seen with certainty that the City Council’s input on the CIP does not have the potential to cause a significant effect on the environment as it does not involve the approval of any CIP project. Further, this action is also exempt pursuant to CEQA Guideline 15378(b)(4) as a governmental fiscal activity which does involve any commitment to any specific project. Although the CIP does include various projects, the City is not mandated to move forward with any project, and at the time of any project approval, CEQA review will be conducted at that time.

Recommendation:

Receive a Presentation on Responses to Council Inquiries and other Matters related to the Proposed 2023- 2027 Capital Improvement Program and provide feedback to staff.

Attachment:

NONE

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Item # 17.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Receive a Presentation on the Draft Climate Action Plan Update and Provide Direction to Staff (Staff Contact: Elaine Marshall, Deputy Public Works Director, 408- 586-2603)
Category: Community Services and Sustainable Infrastructure Meeting
Date:
4/5/2022
Recommendation: Receive a Presentation on the Draft Climate Action Plan Update and provide direction to Staff.

Background:

The City’s Climate Action Plan (CAP) was adopted in May 2013 and was intended to serve as a roadmap to meeting the State’s 2020 greenhouse gas (GHG) emissions reduction target (15% below 2005 baseline emissions). The CAP was designed to streamline environmental review of future development projects in the City of Milpitas and its planning horizon only went are far as 2020.

Since 2013, new studies and reports are showing that climate change is happening faster than anticipated.

Many communities, including some nearby, are experiencing extreme weather events such as flooding, prolonged drought, and wildfires. New state targets have been adopted that call for longer term GHG reductions including the most recent Executive Order B-55-18 (signed in September 2018) which sets a goal for the State to achieve carbon neutrality by 2045. Additionally, there are new requirements to increase organics diversion and ensure water is used efficiently.

Immediately after the August 2021 release of the Intergovernmental Panel on Climate Change (IPCC) Sixth Assessment Report—the IPCC’s most recent, comprehensive report outlining the scientific community’s latest information on climate change, its causes, and potential impacts—the United Nations Secretary-General António Guterres issued a statement. For his opening remark, he declared, "[the] Report is a code red for humanity. The alarm bells are deafening, and the evidence is irrefutable: greenhouse gas emissions from fossil fuel burning and deforestation are choking our planet and putting billions of people at immediate risk. Global heating is affecting every region on Earth, with many of the changes becoming irreversible." As California continues to experience rising average temperatures, more severe storms, and intense drought, it has become evident that the effects of global climate change are already occurring. Climate change poses an imminent threat to the city and the world at large, but it is not too late for the global community to put the brakes on climate change and ensure a livable, healthy, and prosperous planet for generations to come.

While climate change is a global issue, local governments have an important role to play in reducing GHG emissions and preparing for the impacts of climate change in their communities. To help achieve these objectives, public agencies develop Climate Action Plans (CAPs), which serve as long-term strategic planning frameworks that outline specific strategies, measures, and actions an agency can take to mitigate GHG emissions and strengthen resilience to climate change. CAPs also contain specific guidance for governments to effectively implement emissions reduction and adaptation measures and monitor progress over time.

City Council approved CIP #3416 to update the CAP as part of the adoption of the 2019-2025 Capital Improvement Program. After a competitive RFP process, on August 4, 2020, the City Council approved a contract with Ascent Environmental Consultants to provide technical support for the CAP Update. 584
Item # 18.

Analysis:

Through the development and implementation of its CAP Update, the City is joining hundreds of other communities across the nation in tackling the challenges posed by climate change. The update process began in fall 2020 with multiple community engagement points throughout 2021 including an online survey, virtual community workshop in May 2020, workshops with Milpitas High school students, and multiple meetings with the Energy and Environmental Sustainability Commission, and City’s Executive Steering Committee. The CAP Update aims to meet these long term targets as approved by the State and sets a path for the City to achieve carbon neutrality by 2045. This CAP Update is primarily focused on achieving the 2030 target and aims to make substantial progress in achieving the longer-term 2040 and 2045 targets.

In order to develop a path for carbon neutrality, the attached draft CAP Update establishes the current Community Green House Gas (GHG) Emmissions Inventoy. Based on the inventory, the GHGs are forecasted, which determines the gap of GHG emissions vs. the goal of carbon neutrality by 2045. Then, key strategies are recommended for Council consideration to close the gap and set the City on a path of achieving carbon neutrality.

Community Green House Gas Emissions Inventory
The critical first step in the overall climate action planning process is to prepare a GHG emissions inventory. To develop and implement a CAP that will effectively reduce GHG emissions, local governments must first have a comprehensive understanding of the emissions that are generated by activities within their jurisdictions. The standard GHG emissions inventory used in the climate action planning process, known as a “production- based” inventory, estimates GHG emissions generated within a defined geographic boundary during a single year. It identifies the sources, activities, and sectors that are producing these emissions and the relative contribution of each, while also providing a baseline used to forecast emissions trends into the future. This information is used to set reduction targets that are consistent with State objectives and then to create solutions for reducing GHG emissions locally through the creation of a CAP.

Based on the modeling conducted for the revised baseline inventory, community activities in the city generated approximately 547,972 MTCO2e in 2005. The largest emissions-generating sectors included on-road transportation, nonresidential building energy, and residential building energy. In preparation of the CAP Update, the City developed an updated baseline inventory, which evaluated community emissions in 2019 using the same seven emissions sectors in the revised 2005 inventory.

Comparison of Milpitas Community Greenhouse Gas Emissions Inventories Emissions Sector Revised 2005
Inventory (MTCO2e)
2015 Inventory
(MTCO2e)
2019 Inventory
(MTCO2e)
Percent
Change
2005 – 2019
On-Road Transportation 252,864 278,061 259,627 +3%
Nonresidential Building Energy 183,424 202,368 98,319 -46% Residential Building Energy 64,108 57,581 42,218 -34%
Solid Waste 26,998 28,984 23,566 -13%
Off-Road Vehicles and
Equipment 15,034 16,511 15,554 +3%
Wastewater Treatment 1,078 1,935 1,578 46%
Water Supply 4,466 2,974 694 -84%
Total 547,972 588,414 441,557 -19%
Notes: Totals may not sum exactly due to independent rounding. MTCO2e = metric tons of carbon dioxide.

Source: Ascent Environmental 2021.

In 2019, community GHG emissions decreased by approximately 19 percent below the revised 2005 baseline.

Although Milpitas’ population and employment continued to rise in 2019, a larger portion of the reduction in emissions between the revised 2005 inventory and the 2019 inventory can be explained by:
 improvements in vehicle and equipment fuel efficiency due to State and federal regulations,  reductions in the carbon intensity of grid electricity due to State regulations, and 585
Item # 18.

 the supply of near-zero-emissions grid electricity from SVCE to the Milpitas homes, businesses, and city facilities starting in 2018.

Community GHG Emissions Forecast
GHG emissions forecasts provide a modeled estimate of future emissions levels based on a continuation of current trends in activity, population, and job growth, while also accounting for known regulatory actions by State and federal agencies (i.e., “legislative” actions) that are expected to reduce emissions in the future.

These legislative actions account for the difference between the estimated Business as Usual (BAU) projection shown in the black line on graph below and the estimated emissions forecast from local emissions sources.

Emissions forecasts provide insights into the scale of local reductions needed to achieve GHG emissions reduction targets after applying anticipated reductions from regulatory actions.

Milpitas Community Legislative-Adjusted Business-as-Usual Greenhouse Gas Emissions Forecasts

Source: Ascent Environmental 2021.

The emissions reduction targets in this CAP Update have been established to be consistent with statewide GHG emissions targets. As directed in SB 32, EO B-55-18, and EO S-3-05, the State aims to reduce annual GHG emissions to:
 40 percent below 1990 levels by 2030;
 80 percent below 1990 levels by 2050; and
 carbon neutrality by 2045

State and federal regulations alone will not be sufficient to achieve the City’s GHG emissions reduction targets.

The City needs to implement additional actions to close the remaining “local emissions gap” and achieve its reduction targets.

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Item # 18.

Milpitas Community Local Emissions Gap

Source: Ascent Environmental 2021.

This CAP Update is primarily focused on achieving the 2030 target and aims to make substantial progress in achieving the longer-term 2040 and 2045 targets. Achievement of the 2030 target and the longer-term 2040 and 2045 targets will require the implementation of locally enacted GHG reduction measures, along with updates to CARB’s Scoping Plan and future State and federal actions.

Key Strategies
The CAP Update will identify strategies, measures, and actions that the City will implement to reduce GHG emissions to achieve its emissions reduction targets. These locally based initiatives are organized under six emissions sectors and include descriptions of actions that can be taken for implementation, GHG reduction potential, and associated co-benefits.

The proposed strategies, measures, and actions proposed for inclusion in the CAP Update were developed based on a combination of factors, including the results of the City’s GHG emissions inventories and forecasts, robust engagement with the public and stakeholders, feedback from City staff and elected officials, and the best available climate action planning guidance. Ten key strategies have been identified to address the key sources of GHG emissions in our community. The Key Strategies are:

Strategy Emission Source/Sector
Shift to Clean and Reliable Energy Building Energy
Maximize Building Decarbonization and Efficiency Building Energy Facilitate Sustainable Transportation and Land Use Planning Transportation Decarbonize Vehicles Transportation
Increase Active and Public Transportation Use Transportation Achieve Zero Waste Solid Waste
Shift to Clean Off Road Equipment and Vehicles Other Sources Promote Resilient Water Supply, Water Use, and Water Resources Water and Wastewater Resilient Infrastructure and Healthy Urban Forest and Natural Systems Carbon Sequestration Foster Green Economic Opportunities and Support Circular Economy Policies
All
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Item # 18.

2022-2025 Actions
Under each Key Strategy are specific measures and actions that define the activities, programs, policies, or projects that the City will implement or support to achieve the CAP Update’s goals. This CAP Update identifies ten (10) Key Strategies (see table above), forty-five (45) Measures, and more than 130 potential actions for reducing community GHG emissions. An evaluation process was applied to the extensive list to help prioritize actions for near term implementation. These criteria included GHG emissions reduction potential, cost- effectiveness, technological/implementation feasibility, consistency with existing policies or programs, jurisdictional control, timeframe of implementation, and associated co-benefits, to generate a prioritization score.

Based on the assessment approach described above, the maximum prioritization score for each action was 29.

To enable the City to focus on and feasibly implement high-priority actions, a minimum score of 18 was chosen as the threshold for the inclusion of an action in the CAP Update as near-term actions for implementation in the next five years. The 34 actions with prioritization scores equal to or greater than 18 are included in the summarized prioritization matrix in Attachment 1. For example, for the strategy titled “Decarbonize Vehicles,” one of the recommended measures is to “Increase Electric Vehicle (EV) Charging Infrastructure” with the related actions to “work with SVCE and other partners to provide incentives and increase EV charging stations” and ”adopt updated EV charging station standards for all new development through the City's reach codes that go beyond State requirements (require at least 50% of parking spaces in new development to be EV- ready/EVSE installed by 2030).”

The implementation of these 34 actions, which includes actions related to municipal operations, requires a significant dedication of staff time and funds and existing resources may not be sufficient depending on Council input to the draft plan. Further, in order to achieve the 2030 GHG emission reduction goal, the Council will have to exhibit significant resolve. For instance, if this plan is adopted, staff would bring forward an updated reach code for the 2022 code cycle that prohibits the installation of natural gas infrastructure in new development and resources would have to be dedicated to develop a comprehensive energy retrofit program starting with education and incentives.

Municipal Operations
The 2013 CAP focused on community GHG emissions reduction actions and did not include a separate assessment of emission from City municipal operations. In addition to taking action at the community-level, the City is furthering its commitment to addressing climate change for this CAP Update through climate action planning for its municipal operations. Local governments have an important role to play in influencing GHG reductions throughout their communities, and by taking steps to reduce contributions to climate change from its municipal operations, the City is demonstrating its commitment and setting an example for the community at large.

588
Item # 18.

Milpitas 2019 Municipal Operations Greenhouse Gas Emissions Inventory Source: Ascent Environmental 2021.

Following established protocols for conducting municipal operations inventories, the City’s municipal operations were estimated to generate approximately 5,019 MTCO2e in 2015 and 3,252 MTCO2e in 2019.

Major emissions sectors included buildings and facilities, employee commute, and vehicle fleet. Attachment 1 lists the key Municipal Operations measures and actions to reduce overall GHG emissions.

Next Steps

Incorporate Council Feedback into Final CAP Update Apr 2022 Complete Environmental Review (CEQA) Apr/May 2022
Energy and Environmental Sustainability Commission
Presentation and Public Workshop
Apr/May 2022
City Council Adoption June 21, 2022

Fiscal Impact:

This is an information item for Council review and comment with no fiscal impact. Additional information and implementation costs will be brought forward with the CAP adoption and/or considered as part of City’s annual budget processes as appropriate.

California Environmental Quality Act:

This report represents an initial review of potential strategies, measures, and actions to include in the City’s Climate Action Plan Update; a CEQA analysis will be prepared for consideration and certification prior to the City Council adoption of the Climate Action Plan Update.

Recommendation:

Receive a Presentation on the Draft Climate Action Plan Update and Provide Direction to Staff

Attachments:

1. CAP Update Near Term GHG Reduction Actions
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Item # 18.

Attachment 1.

March 2022
DRAFT Near-Term GHG Reduction Actions
To enable the City to focus on and feasibly implement high-priority actions, a prioritization assessment was applied to a comprehensive list of actions identified through the stakeholder engagement and benchmarking efforts. A maximum prioritization score for each action was

29. a minimum score of 18 was chosen as the threshold for the inclusion of an action for near-term (within next 3-5 years or sooner) in the CAP Update. The 34 actions with prioritization scores equal to or greater than 18 are included in the summarized prioritization matrix below, which presents each action’s overall prioritization score and the City department(s) responsible for implementation. The full prioritization matrix with all factor scores will be included in the final CAP Update report.

Measure Action Prioritization
Score
Implementing
Department

BUILDING ENERGY
STRATEGY BE-1. SHIFT TO CLEAN AND RELIABLE ENERGY
Measure BE-1.1:

Achieve 100 percent
carbon-free electricity
by 2030 in all existing
and new
development.

Action BE-1.1.1: Require new development to install on-site renewable energy and storage systems capable of meeting anticipated building energy consumption, or participate in a group-buy solar and storage program, or opt-in to SVCE.
22 BSH
Action BE-1.1.2: Review zoning regulations for opportunities to simplify and encourage renewable energy systems. 20 BSH/PL
Action BE-1.1.3: Conduct outreach to residents and business owners to increase awareness of SVCE’s carbon-free electricity supply. 18 PW/SVCE Action BE-1.1.4: Work with utility partners (PG&E, SVCE) and state regulators to improve electricity grid reliability 18 CMO/PW Measure BE-1.3:

Strengthen community
awareness of energy
efficiency, energy
conservation,
Action BE-1.3.1: Work with regional partner agencies and utilities, such as BAAQMD, PG&E, and SVCE, to promote State rebates and other incentives and funding opportunities for renewable energy.
18 PW
Action BE-1.3.2: Develop and implement a comprehensive energy efficiency, energy conservation, electrification, and clean energy outreach and 18 PW 590
Item # 18.

Attachment 1.

March 2022
Measure Action Prioritization
Score
Implementing
Department
electrification, and
clean energy.
education campaign to support emissions reductions from building energy use (in collaboration with SVCE or Bay Area Regional Energy Network).

STRATEGY BE-2. MAXIMIZE BUILDING DECARBONIZATION AND EFFICIENCY Measure BE-2.1: Adopt
updated “reach”
building codes with
each building and
energy code cycle to
accelerate all-electric
new development.

Action BE-2.1.1: Adopt an updated reach code for the 2022 code cycle that prohibits the installation of natural gas infrastructure in new development.

Include a ban on the installation of fossil fuel-powered backup energy sources in new development by 2030.
20 BSH
Measure BE-2.3:

Expand the City’s
Green Building
Program.

Action BE-2.3.1: Develop additional incentives, above and beyond expedited building permit processing, for projects that incorporate sustainable design approaches and/or elements that exceed local, regional, and State requirements.
18 PL/BSH
Measure BE-2.4: Retrofit
existing residential and
nonresidential buildings
and municipal facilities
to improve energy
efficiency and
facilitate fuel switching.

Action BE-2.4.1: Develop a comprehensive energy retrofit program to transition existing residential buildings to all-electric by 2045. Begin program providing education and incentives, with future transition to point-of-sale and replace retrofit requirements.
23 PW/BSH
Action BE-2.4.2: Connect building owners to funding resources and financing options, such as Energy Upgrade California, for energy efficiency retrofits and improvement projects.
18 PW/BSH/ED

TRANSPORTATION AND LAND USE
STRATEGY TR-1. FACILITATE SUSTAINABLE TRANSPORTATION AND LAND USE PLANNING Measure TR-1.1:

Reduce VMT from new
development.

Action TR-1.1.1: Enforce the City's requirements for SB 743, which mandate a 15% reduction in new project-generated VMT. Continuously Update VMT Policy and Implementation Tools to further reduce VMT
20 PL
591
Item # 18.

Attachment 1.

March 2022
Measure Action Prioritization
Score
Implementing
Department
Measure TR-1.2:

Reduce VMT from
existing development.

Action TR-1.2.1: Work with local employers to provide subsidies to employees for using transit or active transportation to commute to work, and encourage flexible work schedules (e.g., 9/80s and 4/10s) as well as tele- commuting.
20 PL/ED
Action TR-1.2.2: Partner with local businesses to provide discounts or rewards programs to incentivize using transit or active transportation to travel to businesses.
20 PL/ED
Action TR-1.2.6: Support Redevelopment of older commercial or gateway areas (Main Street and Calaveras) to intensify development and a mix of uses along major transit corridor
19 PL
Measure TR-1.3:

Continue to implement
and adopt policies
that support high-
density, mixed-use,
transit-oriented
development and
housing near jobs.

Action TR-1.3.1: Incorporate Sustainable Design Measures into the City's new Zoning Ordinance Update 19 PL
Action TR-1.3.2: Facilitate the development of complete streets and neighborhoods. 19 PL/ENG
STRATEGY 2. DECARBONIZE VEHICLES
Measure TR-2.1:

Increase EV charging
infrastructure.

Action TR-2.1.1: Work with SVCE and other partners to provide incentives and increase EV charging stations in visible, accessible, shared locations such as mixed-use development or accessible to multi-family renters. 21 PW
Action TR-2.1.2: With each Title 24 and CALGreen code cycle, adopt updated EV charging station standards for all new development through the City's reach codes that go beyond State requirements. Require at least 50% of parking spaces in new development to be EV-ready/EVSE installed by 2030. 20 BSH
592
Item # 18.

Attachment 1.

March 2022
Measure Action Prioritization
Score
Implementing
Department
Measure TR-2.2:

Increase EV and low-
carbon vehicle
adoption.

Action TR-2.2.1: Improve awareness of local, regional, and State incentives for low- and zero-emission vehicles and increase EV purchases in Milpitas through events and resource promotion such as through Climate Action Milpitas Dashboard.
18 PW
STRATEGY 3. INCREASE PUBLIC TRANSIT AND ACTIVE TRANSPORTION USE Measure TR-3.1:

Enhance and expand
transit facilities and
infrastructure.

Action TR-3.1.1: Implement the Milpitas OnDemand "hub-and-spoke" micro- transit pilot program, including on-demand shuttle service for first- and last- mile connections to existing transit hubs such as the BART station and VTA light rail stops.
22 PL
Action TR-3.1.2: Ensure a pedestrian-friendly environment around the BART and light rail transit stations. 19 PL
Measure TR-3.2:

Increase transit
ridership.

Action TR-3.2.1: Work with transit agencies to provide free or subsidized transit to low-income residents, expanding to all residents by 2030. 21 CMO Measure TR-3.3:

Improve active
transportation options.

ACTION tr-3.3.5: Implement the updated Trail, Pedestrian, and Bicycle Master Plan to enhance and expand bicycle and pedestrian infrastructure and networks.
19 EN

SOLID WASTE
STRATEGY 1. ACHIEVE ZERO WASTE
Measure SW-1.1:

Eliminate the disposal
of organic waste at
landfills.

Action SW-1.1.1: Implement and enforce the requirements of SB 1383 and eliminate disposal of compostable organic materials to landfills. 18 PW 593
Item # 18.

Attachment 1.

March 2022
Measure Action Prioritization
Score
Implementing
Department

WATER AND WASTEWATER
STRATEGY WA-1. PROMOTE RESILIENT WATER SUPPLY, WATER USE, AND WATER RESOURCES Measure WA-1.2:

Reduce water
consumption for
irrigation and
landscaping.

Action WA-1.2.1: Continue to fund and operate the City's Water Conservation Program in conjunction with resources provided by Valley Water and BAWSCA, including the Irrigation Equipment Upgrades Rebate Program, Landscape Conversion Rebate Program, Water Wise Survey Program, and Water Efficient Gardening workshops.
18 PW
Measure WA-1.3:

Increase the use of
recycled water and
support efforts to
drought proof our
water supply.

Action WA-2.3.1: Support use of recycled water as drought proof water supply including potential indirect potable recharge (in collaboration with regional water supply agencies)
18 PW

CARBON SINKS
STRATEGY CS-1. RESILIENT INFRASTRUCTURE AND HEALTHY FOREST AND NATURAL SYSTEMS Measure CS-1.1:

Protect native trees
and vegetation and
enhance carbon
sequestration.

Action CS-1.1.1: Based on the recommendations from the City's Urban Forestry Management Plan, implement a tree planting program to expand the city's urban forest canopy.
18 PW
Action CS-1.1.2: Develop and implement a street tree planting program for residential neighborhoods. 18 PW
Measure CS-3.1:

Increase the use of
green infrastructure.

Action CS-3.1.1: Develop and implement a green infrastructure program for the installation and maintenance of projects and existing public resources, such as the parks system and other open spaces.
18 EN/PW

CIRCULAR AND GREEN ECONOMY
STRATEGY GE-1. FOSTER GREEN AND SUSTAINABLE ECONOMIC DEVELOPMENT OPPORTUNITIES 594
Item # 18.

Attachment 1.

March 2022
Measure Action Prioritization
Score
Implementing
Department
Measure GE-1.1:

Support and attract
clean technology
businesses and jobs in
Milpitas.

Action GE-1.1.1: Partner with local and regional agencies and educational institutions to offer courses/training that prepare students/workers for green jobs, such as the Milpitas Adult School Program, South Bay Consortium for Adult Education, Center for Employment Training in San Jose and PG&E's on-demand energy trainings.
18 ED
Action GE-1.1.2: Incentivize and promote green business practices 18 ED Action GE-1.1.3: Explore opportunities to work with key stakeholders to incorporate an Eco-Innovation District in conjunction with local Specific Planning efforts
18 ED
Measure GE-1.2:

Support circular
economy policies.

Action GE-1.2.1: Support Circular Economy policymaking at Federal/State/local level 18 CMO/PW
Action GE-1.2.2: Support policies that reduce single use disposable items and increase sustainable product purchasing 18 PW/FD
Notes: BAAQMD = Bay Area Air Quality Management District; BART = Bay Area Rapid Transit; BAWSCA = Bay Area Water Supply and Conservation Agency; BSH = Building Safety and Housing Department; CALGreen = California Green Building Standards; CMO = City Manager’s Office; ED = Economic Development Department; EN = Engineering Department; EV = electric vehicle; FTE = Full-time equivalent; PG&E = Pacific Gas & Electric; PL = Planning Department; PW = Public Works Department; Valley Water= Santa Clara Valley Water District; SVCE = Silicon Valley Clean Energy; VTA = Santa Clara Valley Transportation Authority.

595
Item # 18.

Attachment 1.

March 2022
Municipal Operations Actions
Municipal operations actions were not evaluated using the prioritization matrix. Action development for municipal operations relied heavily on existing and planned policies, programs, and other initiatives, as well as recommendations from previous efforts to identify GHG reduction opportunities. Therefore, the actions presented below only identify the suggested timing of implementation. Timing of implementation was assigned to each action using a scale of immediate, near-term, or mid-term. This rating was determined based on the magnitude of GHG emissions reductions associated with the action, the amount of time and effort required for the action to be operational, and the presence or absence of existing traction or support for each action.

Measure Action Timing Implementing
Department

EMPLOYEE COMMUTE
STRATEGY MEC-1. SUSTAINABLE EMPLOYEE COMMUTES
Measure MEC-1.1:

Reduce employee
commute VMT and
support low-carbon
alternatives.

Action MEC-1.1.1: Provide preferential parking, EV charging, and/or other benefits for City employee carpool and EVs and alternative fuel vehicles at City facilities.

Near-term PW
Action MEC-1.1.2: Provide secure bicycle parking, showers, lockers and other amenities at City facilities. Near-Term PW
Action MEC-1.1.3: Expand and improve existing incentives for City employees to choose alternatives to single-occupant auto commuting, such as flexible work schedules, telecommuting, transit incentives and subsidies, and ridesharing and carpooling services and subsidies.

Immediate CMO/HR

VEHICLE FLEET
STRATEGY MVF-1. ZERO- AND LOW-EMISSION FLEET VEHICLES AND EQUIPMENT Measure MVF-1.1:

Convert the City's fleet
vehicles and
equipment to all-
electric or alternative
Action MVF-1.1.1: Install EV charging and alternative fuel stations at appropriate sites throughout the city, including the Senior Center, Sports Center, City Hall, and Public Works, to service the fleet's alternative fuel vehicles.

Mid-term PW
Action MVF-1.1.2: Where practical, utilize bicycles and low- or zero- emissions vehicles for City employees traveling between facilities and for park maintenance and operations (e.g., electric golf carts).

Immediate PW
596
Item # 18.

Attachment 1.

March 2022
Measure Action Timing Implementing
Department
fuels, such as
renewable diesel.

Action MVF-1.1.3: Update the City’s Green Fleet Policy to convert the City’s non-specialized fleet to all electric and identify alternative fuel options for other vehicles and equipment.

Immediate PW

BUILDINGS AND PUBLIC LIGHTING
STRATEGY MBL-1. CLEAN ENERGY
Measure MBL-1.1:

Continue to use SVCE-
supplied 100 percent
renewable electricity.

Action MBL-1.1.1: Continue to participate in SVCE whereby City-owned facilities, parks, and streetlights will be supplied by renewable electricity. Immediate PW Measure MBL-1.2:

Transition to 100
percent clean energy
for municipal
operations.

Action MBL-1.2.1: Implement solar photovoltaic installations at the Senior Center; Community Center; Sports Center. Pursue funding to expand to Public Works Administration Building/Corp Yard and Police Department, and other City facilities such as fire stations.

Immediate to
Mid-term PW
Action MBL-1.2.2: Install battery electric storage microgrid systems at Senior Center and Community Center. Pursue funding to expand to Public Works Administration Building/Corp Yard and Police Department, and other City facilities such as fire stations. .

Immediate to
Mid-term PW
STRATEGY MBL-2. ENERGY EFFICIENCY AND CONSERVATION
Measure MBL-2.1:

Reduce lighting-
related energy
consumption.

Action MBL-2.1.1: Retrofit all municipal facility lighting with LEDs (or other high-efficacy lighting where LEDs are infeasible) by 2025. Near-term PW Action MBL-2.1.2: Require all new municipal facility lighting to be LEDs (or other high-efficacy lighting where LEDs are infeasible). Immediate PW Action MBL-2.1.4: Retrofit all City-owned streetlights to LEDs. Near-term PW Action MBL-2.1.5: Retrofit lighting at City sports facilities and parks with LEDs. Near-term PW
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Item # 18.

Attachment 1.

March 2022
Measure Action Timing Implementing
Department
Measure MBL-2.2:

Increase energy
efficiency.

Action MBL-2.2.2: Replace outdated electricity transformers with new, high- efficiency models at the Sports Center, Police Department, Public Works, and City Hall. Mid-term PW
Action MBL-2.2.3: Replace current Energy Management Systems at municipal buildings with Automated Logic building management/automation systems.

Near-term PW
Action MBL-2.2.4: Replace outdated HVAC equipment at municipal facilities. Mid-Term PW Measure MBL-2.3:

Implement
conservation best
practices to reduce
energy use.

Action MBL-2.3.1: Develop and enforce energy conservation guidelines for municipal employees to implement at facilities and in day-to-day operations.

Near-term PW
STRATEGY MBL-3. ELECTRIFICATION
Measure MBL-3.1:

Transition municipal
buildings and facilities
to be all-electric.

Action MBL-3.1.1: Require new municipal development to be all-electric by 2030. Mid-term PW
Action MBL-3.1.2: Inventory and develop strategy to retrofit existing municipal buildings and facilities to be all-electric by 2045. Mid-term PW Action MBL-3.1.3: Eliminate fossil-fuel powered backup generator usage by 2040 and replace with zero-emission alternatives to ensure energy resilience at municipal facilities.

Mid-term PW

SOLID WASTE
STRATEGY MSW-1. ZERO WASTE
Measure MSW-1.1:

Increase waste
Action MSW-1.1.1: Increase the amount of recycling and organics diversion/composting at City facilities to achieve a 95 percent diversion rate by 2030.

Near-term PW
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Item # 18.

Attachment 1.

March 2022
Measure Action Timing Implementing
Department
diversion and achieve
zero waste by 2030.

Action MSW-1.1.2: Require 75 percent of construction and demolition debris to be recycled and reused from municipal projects by 2030. Mid-term PW Action MSW-1.1.3: Require that contractors use best management practices to maximize diversion of waste from the landfill by including a provision in requests for services and City agreements.

Immediate ENG/PW
STRATEGY MSW-2. RESPONSIBLE CONSUMPTION
Measure MSW-2.1:

Implement an
environmentally
preferable purchasing
policy.

Action MSW-2.1.1: Use resource-efficient landscaping techniques in new or renovated medians and parks. Immediate PW
Action MSW-2.1.2: Continue to increase the percentage of recycled content in purchases made through City purchasing policies and other efforts, such as 100 percent recycled content paper, other office supplies, and transportation supplies.

Near-term FD
Action MSW-2.1.3: Enhance and expand waste reduction policies and programs for City facilities, such as the environmentally preferable purchasing policy.

Near-term PW/FD
WATER
STRATEGY MWA-1. WATER EFFICIENCY AND CONSERVATION
Measure MWA-1.1:

Reduce municipal
water consumption.

Action MWA-1.1.1: Implement the water fixture and water meter upgrades Near-term PW Action MWA-1.1.2: Develop and implement a "water neutrality program" that requires new municipal development not increase the City's total municipal water demand.

Mid-term PW
Action MWA-1.1.3: Ensure that all of the City's irrigation systems in parks and other spaces are controlled by computer systems that tie watering cycles to soil moisture.

Near-Term PW
Notes: CMO = City Manager’s Office; ED = Economic Development Department; EV = electric vehicle; FD = Finance Department; FTE = Full-time equivalent; HVAC = heating, ventilation, and air conditioning; LED = light-emitting diode; PL = Planning Department; PW = Public Works Department

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Item # 18.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Receive Report on Community Odor Monitoring Pilot Program Results (Staff Contact:

Tony Ndah, Public Works Director, 408-586-2602)
Category: Community Services and Sustainable Infrastructure Meeting
Date:
4/5/2022
Recommendation: Receive a report on the Community Odor Monitoring Pilot Program Results and provide direction to Staff.

Background:

On February 26, 2019, the City Council approved funding for City staff to implement a Community Odor Monitoring Pilot Program which was to be conducted in collaboration with the Bay Area Air Quality Management District’s (BAAQMD) South Bay Odor Attribution Study. The City’s study was to focus on assessing the characteristics of the odors impacting the community, while the BAAQMD study focused on identifying the types and quantity of odors from targeted facilities (and their processes) in and around the City.

In June 2019, Public Works staff executed a consultant agreement with Jacobs Engineering Group (Jacobs) to provide technical support with the development of the City’s approach, monitoring plan, and ongoing technical support including staff training and data analysis for the pilot community odor monitoring program. Based on their review of historic odor data, Jacobs developed a Monitoring Plan which included two main monitoring approaches: (1) weekly point in time monitoring events where staff visit specific monitoring locations and collect data related to weather, wind, and odor conditions; and (2) odor sample collection events where air samples are gathered and sent to UCLA laboratory for analysis.

Staff participated in training sessions led by Jacobs to gain knowledge on how to properly use the odor monitoring equipment and how to categorize odors in the field. The odor monitoring equipment used by staff included a Scentroid SM1000 field-olfactometer, weather monitoring equipment, and Teflon bags for sampling.

With the odor monitoring equipment, staff were able to detect odorous conditions based on what humans would naturally smell.

Staff conducted weekly field odor monitoring activities beginning November 2019 through July 2021. Each week staff visited 11 key locations to characterize point-in-time odor impacts. This was accomplished by setting up monitoring equipment, collecting data at that point in time, and moving the equipment to the next location to repeat the process. The locations are located relative to areas of historic concentration of odor complaints and from downwind of presumed odor sources. The presumed odor sources include Newby Island Landfill, Zero Waste Energy Development (ZWED), San Jose-Santa Clara Regional Wastewater Facility (RWF), and the City’s Main Lift Pump Station.

There was a gap in data collection from March 2020 through June 2020 due to Covid 19 Shelter-In-Place order. Additionally, there was an additional gap in data collection due to poor air quality as a result of the summer 2020 wildfires. The pilot odor study was completed in Summer 2021 when staff collected additional seasonal data that was missed during 2020.

Additionally, staff worked with Jacobs Engineering Group to conduct the sample collection on October 22, 2020, March 4, 2021, and May 20, 2021. The collected samples were sent to UCLA for analysis. 600
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Analysis:

This section summarizes the attached Community Odor Monitoring Study with laying out the study’s goals, highlighting key results, and seeking Council input on consultant recommendations.

Community Odor Monitoring Pilot Program Goals
The City’s Community Monitoring Pilot Program focused on assessing and documenting the characteristics and intensity of the odors observed impacting the Milpitas community. The pilot program did not have access to odor source facilities and was not designed to determine odor sources. By contrast, the BAAQMD South Bay Odor Attribution Study focused on identifying the relative contribution and variability of odor causing compounds from targeted source facilities (and their processes) in and around the City. The BAAQMD Study utilized measurement technology that can measure at parts per trillion levels over an extremely large range of compounds in order to aid the community in potentially identifying sources.

Community Odor Monitoring Pilot Program Results
Field odor assessments were conducted using a field olfactometer to measure the odor strength and describe the odors observed (character, intensity and hedonic tone). A total of fifty field odor monitoring assessments were undertaken at eleven discrete locations in the community between November 2019 and July 2021. On average, two field assessments were undertaken every three weeks on random days of the week and a random time of the day, resulting in a total of 580 field observations. See Attachment 1 for City of Milpitas Phase 1 Community Odor Study Report prepared by Jacobs summarizing the results, findings, and recommendations. A summary of the report follows.

The frequency of odors present, the odor intensity, the odor strength (Dilution/Threshold or D/T) and the hedonic tone of the odors observed at the discrete locations in the community have been established.

One of the key assessments taken at each monitoring event is the odor strength which is measured in units known as Dilution/Threshold or D/T. The Dilution/Threshold is defined as the number of times a sample must be diluted to reach the odor detection threshold. The field olfactometer draws in sample air and dilutes it with odorless air from a compressed air tank, starting at a high dilution, and slowly adjusts the dial to incrementally increase the sample dose (lower dilution) until the odor is detected. The sampler then records the dial setting and uses the instrument specific calibration certificate to determine the D/T.

The following table shows the average odor strength detected at each of the monitoring locations over the course of the pilot. The odor strength at the discrete locations inside the community were typically faint (D/T around 5) and unpleasant, which may lead to nuisance and complaints depending on the sensitivity of the locality and nature of the odor (i.e., frequency, duration, and offensiveness). The odor strength was occasionally distinct (D/T > 10) and revolting at the Milmont Drive, Tramway Drive, and Marylinn Drive survey locations, which makes the likelihood of odor nuisance and complaints highly likely. 601
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Noticeable odors were consistently observed directly downwind of the following facilities:
 Newby Island Resource Recovery Park (NIRRP), comprised of Newby Island Landfill (NISL), Material Recovery Facility (MRF), and NIRRP composting facility;  San José-Santa Clara Regional Wastewater Facility (RWF);  Zero Waste Energy Development (ZWED), a dry anaerobic organic waste processing facility; and  Main Lift Station, which is the main collection point of the sewage that is transferred to the RWF.

These odors were always strong and often extremely strong. The odor strength downwind of the NIRRP, RWF and ZWED facilities was on average greater than 50 D/T and described as ‘revolting’, which makes the likelihood of odor nuisance and complaints almost certain in these locations.

Odors were observed during each season and no significant differences were observed between the odor strength and odor character emitted in the Winter-Spring 2019/2020 period (before COVID-19 restrictions) and in the Winter-Spring 2020/2021 period (during COVID-19 restrictions).

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The odor character downwind of the three main odor-emitting facilities are relatively unique and have mostly been described by different field assessors as follows:
 RWF facility: Sewage, Septic, Fecal or Urine
 Newby facility: Garbage, Sweet or Rotten Vegetables
 ZWED facility: Rancid, Putrid, Manure, Rotten Vegetables or Pungent

These relatively unique odor descriptors have been used to assess the origin of the odors that are experienced in the community. All three main odor-emitting facilities contribute to odors frequently observed in the community. Although the odors emitted from ZWED are by far the most intense and the most unpleasant, their reach is mostly limited to only the first locations in the west and south-west areas of the City. Odors emitted from the NIRRP facility contribute to a large extent to the odors observed at most of the discrete survey locations, while odors emitted from the RWF contribute to a lesser extent at most of the discrete survey locations and more to the further away location in the east and south-east of the community (Mt Shasta Avenue).

Sample Analysis by UCLA
Bag samples were taken three times and submitted for lab odor analyses at UCLA by trained panelists to identify the multiple dominant odor characters in a single sample and their respective intensities at different dilutions. The obtained results were consistent with the observations in the community during the field assessments.

Consultant Recommendations
Based on the analysis of the data collected during the pilot, Jacobs has identified two recommendations for ongoing data monitoring and community odor reporting that could be forwarded to BAAQMD for implementation as the BAAQMD is able to use such data to better regulate odor emitting facilities, measure progress, and implement enforcement. Based on Council feedback, these recommendations could be championed with BAAQMD by Vice Mayor Montano, who serves as the BAAQMD Board Member, Mayor Tran, who is a member of the South Bay Odor Stakeholder’s Group, and/or staff.

Consultant Recommendation #1: Purchase four Instrumental Odor Monitoring Systems (IOMS) with automatic air samplers.

Instrumental odor monitoring systems (IOMS) are intelligent electronic multi-sensing tools with multiple sensors for which the primary application is indicating odors as perceived by human observers. An IOMS can alert the BAAQMD or can initiate an air bag sample, allowing inspectors to capture transient odors within the community. The auto air bag sampler takes a sample of the air and stores it, enabling detailed analyses later by a mobile lab for origin determination. Jacobs recommends installing IOMS with auto air bag samplers near each of the following survey locations as a minimum: Milmont Drive, Tramway Drive, Marylinn Drive, and Murphy Ranch.

These units should be purchased and installed by the BAAQMD in partnership with the City to provide broader understanding of odor impacts and to measure progress on future odor reduction actions. Purchase of four IOMS with auto samplers and the required software is estimated to be $176,256. The ongoing subscription cost of the software platform would be $3,700 per year after the first year. Each bag sample analysis is estimated to cost $695. As an example, the analysis cost of 80 samples over a one-year period is estimated to cost $55,600.

Consultant Recommendation #2: Develop a dedicated mobile app or enable mobile odor complaint reporting in an existing app for the community to provide improved feedback on the odors observed and to support public outreach efforts. Reporting should include key odor characteristics identified by Jacobs and used in the monitoring pilot program for improved response. This improves on existing odor reporting systems which provide only generic information on the odor occurrence.

This information could help the BAAQMD to better understand the areas suffering from odor nuisance, which may help to optimize the regulatory framework and may help to enforce remedial actions to address the 603
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nuisance more effectively. Online submission of odor complaints would aid in tracking complaints more quickly and provide more detailed information for improved response. This could also allow complaints to be forwarded to plant operators/supervisors at the main odor emitting facilities immediately for interpretation and response.

The cost of introducing a mobile app for odor complaints is estimated to be minimal but would require staff time to tailor the app and advertise it to the community.

Policy Alternatives:

Alternative 1: Direct staff to implement the Consultant recommended actions.

Pros: City would gain improved understanding of the odor impacts and be able to measure progress on future odor reduction actions taken by others.

Cons: City would have to fund the recommendations; there would also be staffing impacts for ongoing operations and management of the odor monitoring stations.

Reason not recommended: City does not have enforcement authority over the odor contributing facilities and is not in a position to take any action based on collected data. Any ongoing data collection systems/program would best be maintained by the BAAQMD who can use the data to monitor facility emissions and take enforcement measures if needed.

Fiscal Impact:

This is an informational item for Council review and comment.

California Environmental Quality Act:

The City Council’s action in providing direction is not an action subject to the California Environmental Quality as it is more akin to information collection which is exempt from environmental review pursuant to CEQA Guideline 15306. It is also exempt pursuant to CEQA Guideline 15303 as the construction of small structures which may occur with the instrumental odor monitoring systems installation.

Recommendation:

Receive report on Community Odor Monitoring Pilot Program results and provide direction to staff.

Attachments:

1. City of Milpitas Phase 1 Community Odor Study Report 604
Item # 19.

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Community Odor Study
Document No. | rev 2
October 21, 2021
City of Milpitas
Client Reference
Document Title
C
i
t
y
o
f
M
i
l
p
i
t
a
s

Document history and status

Revision Date Description Author Checked Reviewed Approved 0 9/11/21 first draft BK
1 10/21/21 final draft BK SC SC / ML ML
2 12/6/2021 Updated final draft BK SC SC / ML ML

Distribution of copies

Revision Issue
approved
Date
issued
Issued to Comments
1 ML 10/21/21 City of Milpitas Final draft for client review 2 ML 12/17/21 City of Milpitas Updated final draft for client review 3 BK 03/21/22 City of Milpitas Final report
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City of Milpitas Phase 1 Community Odor Study

Document No. W8Y01700-1_rev 1 i
Phase 1 Community Odor Study
Project No: W8Y01700
Document Title: City of Milpitas Phase 1 Community Odor Study Document No.: Document No. W8Y01700-1_rev 3
Revision: rev 3
Document Status: Final
Date: March 21, 2022
Client Name: City of Milpitas
File Name: City of Milpitas Odor Study Report_updated draft

Jacobs Consultants Inc.
4 Embarcadero Center
Suite 3800
San Francisco, CA 94111
United States
T +1.415.356.2040
F +1.415.356.2055
www.jacobs.com

© Copyright 2021 Jacobs Consultants, Inc. . The concepts and information contained in this document are the property of Jacobs. Use or copying of this document in whole or in part without the written permission of Jacobs constitutes an infringement of copyright.

Limitation: This document has been prepared on behalf of, and for the exclusive use of Jacobs’ client, and is subject to, and issued in accordance with, the provisions of the contract between Jacobs and the client. Jacobs accepts no liability or responsibility whatsoever for, or in respect of, any use of, or reliance upon, this document by any third party.

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City of Milpitas Phase 1 Community Odor Study

Document No. W8Y01700-1_rev 1 ii
Contents
Executive Summary ....................................................................................................................................................... 3

1. Introduction ...................................................................................................................................................... 8

1.1 Background ........................................................................................................................................................................ 8

1.2 Study Objectives and Scope ........................................................................................................................................ 8

1.3 Description of Receptor Areas ................................................................................................................................. 10

1.4 Climate and Prevailing Wind Direction ................................................................................................................ 11

1.5 Description of Odor-Emitting Facilities of Focus ............................................................................................. 12

1.5.1 Newby Island Resource Recovery Park ................................................................................................................. 13

1.5.2 San José-Santa Clara Regional Wastewater Facility ....................................................................................... 14

1.5.3 Zero Waste Energy Development Facility ........................................................................................................... 15

2. Community Odor Assessment Methodology ......................................................................................... 17

2.1 Field Odor Assessments ............................................................................................................................................. 17

2.2 Laboratory Odor Analysis .......................................................................................................................................... 18

3. Results and Discussion ................................................................................................................................ 21

3.1 Frequency of Odors Observed ................................................................................................................................. 21

3.2 Odor Intensity ................................................................................................................................................................. 21

3.3 Hedonic Tone ................................................................................................................................................................. 22

3.4 Odor Strength (D/T) .................................................................................................................................................... 23

3.5 Likelihood of Odor Complaints ............................................................................................................................... 23

3.6 Seasonal Influences on Odors Observed ............................................................................................................. 24

3.7 Odor Character Downwind of Facilities ................................................................................................................ 25

3.8 Odor Character in the Community ......................................................................................................................... 26

3.9 Odor Profile Method Results .................................................................................................................................... 28

4. Conclusions .................................................................................................................................................... 31

5. Recommendations for Ongoing Odor Monitoring ................................................................................ 32

5.1 Recommendation #1 ................................................................................................................................................... 32

5.2 Recommendation #2 ................................................................................................................................................... 32

Appendix A. Field Log Sheet
Appendix B. Odor Characterization Wheel
Appendix C. Data Base Results Field Odor Assessments
Appendix D. Odor Descriptors Used at the Community Locations Appendix E. Example of an Instrumental Odor Monitoring System Appendix F. Example of Auto-Bag Sampler
Appendix G. Example of Community Engagement App
Appendix H. Indicative Costs of Recommendations

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3 Executive Summary
Odor has been an issue in Milpitas for decades. Over the years, various odor mitigation approaches have been undertaken with varying degrees of success. While the number of odor complaints from residents has decreased in recent years, the high number of complaints indicates a persistent and ongoing odor issue. The City of Milpitas does not have jurisdiction over most of the odor emitting sites but is a key stakeholder as its community has been adversely affected by fugitive odors in the area due to its position southeast and generally downwind of key odor sources.

An Odor Study (Phase 1) has been undertaken by the City of Milpitas to gather data about the potential sources of the odors impacting the community and to determine how these odors are affecting the City’s residents. The study is being done in collaboration with the BAAQMD, the agency in charge of enforcing remedial actions. Based on data collected, recommendations for next steps include continuous odor monitoring stations, which could be strategically installed at odor-sensitive locations within Milpitas to inform future actions to reduce odors, provide better understanding of odor trending in terms of diurnal or seasonal or transient affects, to better understand the key odor sources and to establish methods to measure progress on future odor reduction actions.

Field odor assessments were conducted using a field olfactometer and a portable weather station to measure the odor strength in dilution to threshold (D/T) and describe the odors observed (character, intensity, and hedonic tone) under the wind conditions. A total of fifty field odor assessments were undertaken at eleven discrete locations in the community of the City of Milpitas by multiple field assessors between November 2019 and July 2021. On average, two field assessments were undertaken every three weeks on random days of the week and a random time of the day, resulting in a total of 580 field observations.

Findings
Field Observations
This Study has determined the frequency of odors present, the odor intensity, the odor strength (D/T) and the hedonic tone of the odors observed at the discrete locations in the community during the field assessments. The odor strength at the discrete locations within City boundaries were typically faint (D/T around 5) and unpleasant, which may lead to nuisance and complaints depending on the sensitivity of the locality and nature of the odor (i.e., frequency, duration, and offensiveness). The odor strength was occasionally distinct (D/T > 10) and revolting at Milmont Drive, Tramway Drive, and Marylinn Drive, which makes the likelihood of odor nuisance and complaints highly likely.

Table. The Odor Intensity of the Odors Observed at Discrete Locations within the Milpitas Community .

Survey Location Odor Intensity1
average maximum Downwind ZWED 5.8 Extremely Strong/Very Strong 6 Extremely Strong Downwind RWF 4.1 Strong 6 Extremely Strong
Downwind NIRRP 3.8 Strong/Distinct 6 Extremely Strong
Downwind Lift Station 3.0 Distinct 5 Very Strong
Wilson Way 2.2 Weak/Distinct 3 Distinct
Milmont Drive 2.1 Weak 4 Strong
Tramway Drive 1.8 Weak/Very Weak 3 Distinct
Marylinn Drive 1.7 Weak/Very Weak 3 Distinct
Murphy Ranch Road 1.6 Weak/Very Weak 4 Strong
Mt Shasta Avenue 1.4 Very Weak/Weak 1 Very Weak
Alvarez Court 1.3 Very Weak/Weak 2 Weak
Los Coches Street 1.1 Very Weak 2 Weak
1) Scale: Not Detectable (0), Very Weak (1), Weak (2), Distinct (3), Strong (4), Very Strong (5), Extremely Strong (6).

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4 Table. The Degree to Which Observed Odors were Perceived as Pleasant or Unpleasant (Hedonic Tone).

Survey Location Hedonic Tone1
average maximum
Downwind ZWED -2.7 Nauseating/Revolting -3 Nauseating
Downwind NIRRP -1.7 Revolting/Unpleasant -3 Nauseating
Downwind RWF -1.7 Revolting/Unpleasant -3 Nauseating
Downwind Lift Station -1.2 Unpleasant/Revolting -2 Revolting Milmont Drive -1.1 Unpleasant -2 Revolting
Tramway Drive -1.0 Unpleasant -1 Unpleasant
Marylinn Drive -1.0 Unpleasant -1 Unpleasant
Los Coches Street -1.0 Unpleasant -1 Unpleasant
Wilson Way -1.0 Unpleasant -1 Unpleasant
Murphy Ranch Road -0.8 Unpleasant/Neutral -1 Unpleasant Alvarez Court -0.7 Unpleasant/Neutral -1 Unpleasant
Mt Shasta Avenue -0.3 Neutral/Unpleasant -1 Unpleasant
1) Scale: Pleasant (1), Neutral (0), unpleasant (-1), revolting (-2), nauseating (-3).

Noticeable odors were consistently observed directly downwind of the following facilities:
• Newby Island Resource Recovery Park (NIRRP), comprised of Newby Island Landfill (NISL), Material Recovery Facility (MRF), and NIRRP composting facility; • San José-Santa Clara Regional Wastewater Facility (RWF); • Zero Waste Energy Development (ZWED) facility which is a dry anaerobic organic waste processing facility; and
• Milpitas’ Main Sewer Lift Station, which is the main collection point of the sewage that is transferred to the RWF.

These odors were always strong in odor intensity or often extremely strong. The odor strength downwind of the odor emitting facilities was on average greater than 50 D/T and described as ‘revolting’, which makes the likelihood of odor nuisance and complaints almost certain in these locations.

Odors were observed during each season and no significant differences were observed between the odor strength and odor character emitted in the Winter-Spring 2019/2020 period (before COVID-19 restrictions) and in the Winter-Spring 2020/2021 period (during COVID-19 restrictions).

The odor character downwind of the odor-emitting facilities are relatively unique and have mostly been described by different field assessors as follows:
• RWF facility and Main Lift Station: Sewage, Septic, Fecal or Urine • Newby facility: Garbage, Sweet or Rotten Vegetables
• ZWED facility: Rancid, Putrid, Manure, Rotten Vegetables or Pungent These relatively unique odor descriptors have been used to assess the origin of the odors that are experienced in the community. A high-level visual representation BLOB map has been created to illustrate where the odors observed in the community during the odor study most likely originate d from. All three main odor-emitting facilities contribute to odors frequently observed in the community. Although the odors emitted from ZWED are by far the most intense and the most unpleasant, their reach is mostly limited to only the first locations west and south-west of the community in the City of Milpitas. Odors emitted from the NIRRP facility contribute to a large extent to the odors observed at most of the discrete survey locations, while odors emitted from the RWF contribute to a lesser extent at most of the discrete survey locations and more to the further away location in the east and south-east of the community (Mt Shasta Avenue). 610
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5 Figure: High-level Visual Representation (BLOB map) that Illustrates Most Likely Origination of Odors Observed in the Community, with the Size of the Circles a Measure of the Average Odor Intensity Observed.

Odor Characteristic Analysis
Bag samples were also taken downwind of the facilities for lab odor analyses at University of California at Los Angeles (UCLA) by a panel of trained panelists to identify the multiple dominant odor characters in a single sample and their respective intensities at different dilutions (aka Odor Profile Method). Persistency curves were developed to understand how odor impacts the communities when traveling from the odor sources into the community. The results were consistent with the observations in the community during the field assessments.

Recommended Next Steps
An ongoing odor monitoring system may assist stakeholders to understand the extent of the odor impact. A public complaint is considered unconfirmed until and unless an inspector can confirm it by smelling it with the complainant and then tracing its source. Confirming an odor complaint is often difficult because the time for an inspector to arrive at the complainant site is typically too long to properly assess the odor complain t and trace its source. This is due to the transient nature of odors, with changes in wind direction and speed or process changes at the odor source. A real-time odor monitoring system would be required that uses multiple sensors to provide a generic response from the different odorous compounds emitted in the community. Instrumental odor monitoring systems (IOMS) are intelligent electronic multi-sensing tools for which the primary application is the generation of indicators of odor as perceived by human observers.

Jacobs recommends installing an IOMS with auto air bag samplers at specific locations within the community. 611
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6 An IOMS can alert stakeholders including BAAQMD and City of Milpitas staff or can initiate an air bag sampler, enabling the fast collection of air within the community and preventing the ineffectiveness associated with time delays when an inspector arrives at the complainant site . Auto samplers can also be initiated remotely on-demand by staff of the City of Milpitas or BAAQMD at any moment after receiving odor complaints. The auto air bag sampler takes a sample of the air and stores it in a bag and enables specific detailed analyses.

Jacobs also recommends the introduction of a mobile app for the community to provide improved feedback on the odors observed in the community and to support public outreach efforts. This information could help regulatory agency BAAQMD to better understand the areas suffering from odor nuisance, which may help to optimize the regulatory framework and may help to enforce remedial actions to address the nuisance more effectively. Online submission of odor complaints would aid in tracking complaints more quickly and provide more detailed information for improved response. This could also allow complaints to be forwarded to plant operators/supervisors at the main odor emitting facilities immediately for interpretation and response.

The continuous odor monitoring stations (using an IOMS) together with an improved public engagement (through a mobile app) would assist stakeholders such as the odor emitting facilities and the BAAQMD to understand the odor impacts, would better inform future actions to reduce odors and would establish a method to measure progress on future odor reduction actions.

It is recommended that BAAQMD as the enforcement agency would take the lead in implementing these recommendations in close cooperation with the City of Milpitas.

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7 Acronyms and Abbreviations
oF degrees Fahrenheit
BAAQMD Bay Area Air Quality Management District
City City of Milpitas
D/T dilutions to threshold
EN European norm
EPA U.S. Environmental Protection Agency
FPA Flavor Profile Analysis
Hedonic Tone
IOMS
Degree to which an odor was perceived as pleasant or unpleasant Industrial odor monitoring system
Jacobs Jacobs Engineering Group
MRF Material Recovery Facility
MSW municipal solid waste
NIRRP Newby Island Resource Recovery Park
NISL Newby Island Landfill
OPM odor profile method
PTR-MS proton transfer reaction – mass spectrometer
QA quality assurance
QC quality control
RWF San Jose-Santa Clara Regional Wastewater Facility
SM100 Scentroid SM100 field olfactometer
Study City of Milpitas Phase 1 Community Odor Study
UCLA University of California at Los Angeles
VOC volatile organic compound
ZWED Zero Waste Energy Development facility

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8 1. Introduction

1.1 Background
Odor has been an issue in Milpitas for decades. Over the years, various odor mitigation approaches have been undertaken with varying degrees of success. While the number of odor complaints from residents has decreased in recent years from a peak of 3,500 in 2015, the high number of complaints (1,500) reporte d for 2018 indicates a persistent and ongoing odor issue (BAAQMD, 2019; San Jose Mercury News, 2019).

It is understood that the odors originate primarily from multiple potential sources located outside of the city (Figure 1-1), including:
• Newby Island Resource Recovery Park (NIRRP), operated by Republic Services • San Jose-Santa Clara Regional Wastewater Facility (RWF), operated by the City of San Jose • Zero Waste Energy Development (ZWED)’s anaerobic digestion facility, operated by Zanker Recycling • Main Lift Station, operated by the City of Milpitas
• San Francisco Bay Estuary
The City of Milpitas has contracted with Jacobs Engineering Group Inc. (Jacobs) to conduct a n Odor Study (Study) to gather data about the sources of the odors impacting their community to assist them in understanding better how these odors are affecting the City’s residents. Based on data collected, recommendations were made for continuous odor monitoring stations that could be strategically installed at odor-sensitive locations in Milpitas.

1.2 Study Objectives and Scope
The objectives of the Study are to:
• quantify ambient odor impacts and validate odor complaints • identify and confirm the main sources that are a concern regarding odor • train City staff on odor sampling best practices
• recommend an ambient odor monitoring strategy.

The scope of work was to develop a Sample Plan for field odor assessments and to train the City’s staff on odor sampling best practices, while providing ongoing support during the field sampling campaigns which were undertaken by the City.

The field sampling assessed all significant sources that may impact the residents of City of Milpitas. Odor data was gathered regularly at different locations in the community by City staff using field olfactometers.

The survey locations were primarily based on historical odor complaint data and safe access considerations.

These field odor assessments characterized and quantified odors affecting the City. Also, vacuum chambers were used to collect bag samples three times downwind of the facilities for lab odor analysis to understand how odors from the key facilities change in odor intensity and odor character as the odors travels into the community.

Based on the field assessment results, recommendations have been made herein on the type of sensors and strategic locations for continuous ambient air odor monitoring stations targeting the specific odors of concern for Milpitas.

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9 Figure 1-1. A Map of the Study Area
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10 1.3 Description of Receptor Areas
The community of the City of Milpitas has been adversely affected by fugitive odors in the area due to its position southeast and generally downwind of key potential odor sources. Figure 2-2 illustrates a summary of complaints plotted by approximate location within the Milpitas area. These initial odor complaint records were recorded from September 2012 to September 2015 when 3,412 complaints were logged by BAAQMD. Complaint data is based on block data and no real addresses or names are reflected in the data.

Figure 2-2. Milpitas Historical Complaint Locations (2012 to 2015)

To provide context on how this compares to other communities: between December 2014 and March 2016, 4,810 odor complaints were received from the greater Milpitas area. This number represents approximately 65 percent of the total 7,394 odor complaints received by the BAAQMD within its nine-county jurisdiction during that same period. Table 2-1 shows complaints were as high as 3,306 in 2015 and dropped as low as 827 in 2019. Similar trends can be seen in the cities of Fremont and San José.

Table 2-1. BAAQMD Received Odor Complaints, South Bay (2015 to 2019) City 2015 2016 2017 2018 2019
Fremont 546 255 152 83 53
Milpitas 3,306 2,782 1,756 1,707 827
San José 70 43 22 15 9
Based on complaint information provided by BAAQMD, the top complaint areas between 2017 and 2019 in Fremont, Milpitas, and San José are summarized in Table 2-2. These locations account for the majority of the complaints received in the respective year, in comparison to other locations within that city. 616
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11 Table 2-2. Locations of Highest Number of Complaints (2017 to 2019) City 2017 2018 2019
Fremont 5500 Simm Ct
Fremont Blvd
200 Mayten Way
500 Pistache Terrace
48900 Rusty Leaf Terrace
42400 Osgood Rd
48800 Sauvignon Ct
48900 Air Fern Common
3600 Main Street
Milpitas 1300 Elkwood Dr
1400 Platt Ave
200 Ontario Rd
Aspen Ridge Dr
0 Butero Ln
200 Tram Wy
500 maple Ave
0 Berylwood Ln
100 Beaumere Wy
1300 Elkwood Dr
1300 Beaumere Wy
1500 Platt Ave
1900 Baderwood Ln
1300 Elkwood Dr
1500 Hidden creek Ln
1100 California Cir
100 Beaumere Wy
800 N Abbott Ave
100 Sudbury Dr
San José 100 Descanso Dr
4200 Sophia Wy
400 Mill River Ln
400 Camille Cir
4000 Biscotti Pl
4000 Biscotti Pl
300 River Oaks Pkwy
Note: Complaint data is based on block data and no real addresses or names are reflected in the data.

1.4 Climate and Prevailing Wind Direction
The climate can be categorized as Mediterranean, with mostly sunny weather and devoid of extreme temperature changes. Winter months are cooler ranging from 31 degrees Fahrenheit (oF) to 59 oF. Rainfall occurs periodically with an average of 15 inches (in) falling annually in the City. The transition to spring brings warmer weather and sparse rain. Summer months are dry and warm with temperatures averaging in the mid to high 80s OF. While it is typically infrequent, temperatures can exceed 100 oF. Autumn brings cooler temperatures; however, it tends to remain dry and sunny into late October.

Wind speeds vary in the area. Typically, during winter, winds are calm (remaining between 5 and 10 mile s per hour). During summer, winds are calm during the morning hours and increase gradually during the day to greater than 10 miles per hour along the San Francisco Bay. Wind direction is predominantly from the west between February and October and from the north between November and January. Even so, wind direction can shift between morning hours and afternoon hours in the summer months. The prevailing wind directions in 2019 are shown in the wind rose shown below (Figure 2-2) with wind typically coming from the south-east in the early mornings and coming from the north-west in the late afternoons and in the diurnal wind graphic below (Figure 2-3). The circular format of the wind rose shows the direction the winds typically blow from and the length of each "spoke" around the circle shows how often the wind blew from that direction. 617
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12 Figure 2-2: Prevailing Wind Direction and Speed as Measured about 6 Miles South of the Study Area (San Jose Airport).

Figure 2-3: Typical Diurnal Wind Direction as Measured about 6 Miles South of the Study Area (San Jose Airport).

1.5 Description of Odor-Emitting Facilities of Focus
Three facilities have been identified as the primary odor emitters of concern based on reviews of the BAAQMD and South Bay community’s odor complaint logs and historical records: the NIRRP, the RWF, and the ZWED facility. They are in close proximity to one another (see Figure 1-1), typically upwind of the impacted communities during seasonal and/or operational periods that have the highest po tential for odor impacts, and their odor emission plumes are often mixed together before reaching the receptors. In addition to off-site wastes, the three facilities also receive, process, and discharge waste streams to and from each other. For example, 618
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13 stabilized and dried biosolids from the RWF is transported in late summer or early fall and stockpiled at the Newby Island Landfill (NISL) for use as alternate daily cover for landfill operations. NISL leachate is delivered to the RWF for treatment. Green waste and food waste are delivered to the NIRRP composting area. The nonbiodegradable wastes, or “overs”, from the ZWED operation are transported to NISL.

Besides these three facilities, two other potential odor-emitting sources have been identified:
• A lift station collects wastewater streams and pumps it to the RWF for treatment. This main lift station is located east of the lagoons of the RWF and has been identified as one of the primary odor emitters. • Bay mud may potentially be considered a significant non-facility odor source, creating background odors that can either mask or worsen odor impacts from odor emitting facilities. Furthermore, tidal variation can impact bay mud odor emissions. During low tide, decaying organics may be exposed and can produce odor.

The subsequent sections provide a general description of the three primary odor emitting facilities.

1.5.1 Newby Island Resource Recovery Park
The NIRRP is operated by Republic Services, Inc. The facility consists of the NISL, the Material Recovery Facility (MRF), and a covered aerated static pile (ASP) organic composting facility. It is located on the northern boundary of the City of San José, with Milpitas generally located to the east ( Figure 1-1). The Fremont industrial area lies immediately north and northeast of the facility boundary, with Fremont residential areas located further to the north and east. The main residential areas of San José and Santa Clara are to the south and southwest of the facility, respectively.

The facility accepts and processes a wide variety of municipal, recyclable, and industrial waste from the surrounding communities. These wastes can include green waste, limited food waste (such as spoiled milk solids and other food waste comingled with green waste delivered to the composting facility), commercial waste, residential waste, and biosolids material. According to Newby Island staff ( BAAQMD, 2021), overall, the amount of waste initially received is 13.9 percent lower than pre-COVID-19 (prior to business closures and travel restrictions resulting from local shelter-in-place orders that went into effect in mid-March 2020). Late summer the profiled waste such as sludge and soils returned to pre-COVID-19 levels. Municipal solid waste (MSW) was down 9 percent while other types also remain slightly down from pre-COVID-19 levels.

There are six process areas for processing the wastes entering the facility: MRF, working face of the landfill, green waste receiving and grinding area, composting area, biosolids stockpiling area, and the landfill gas collection area (Figure 2-4). Typically, the wastes enter the facility from the east via trucks and are dumped at various locations throughout the site for further processing, depending upon the types of waste.

The NIRRP has eight odor neutralizing systems placed strategically onsite. Each system consists of multiple nozzles. The system serving the fence line is approximately 1,300 feet in length. When biosolids are delivered in October, the NIRRP rents a large misting system. Misting is operated until 11:00 pm at landfill locations. All others are operated 24 hours.
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14 Gas systems and liquids systems are operated 24 hours per day, seven days per week while the working face is open until 11:00 pm. Leachate from the landfill is temporarily stored in a leachate storage system before being pumped to the RWF for treatment.

Figure 2-4. Newby Island Resource Recovery Park Facility Map, Milpitas, California (source: Google Earth)

1.5.2 San José-Santa Clara Regional Wastewater Facility The RWF is located in the City of San José at 700 Los Esteros Road. It is a tertiary publicly owned wastewater treatment plant, which includes pretreatment, primary treatment, sludge digestion, secondary treatment, and tertiary treatment. Built in 1956 and expanded several times since, the RWF treats an average of 110 million gallons per day (mgd) of wastewater and has the design capacity to treat 167 mgd. It is jointly owned by the cities of San José and Santa Clara and is managed and operated by the City of San José’s Environmental Services Department. The RWF also serves several tributary cities or agencies including Milpitas and Fremont. Figure 2-5 illustrates the overall RWF site plan excluding lagoons and sludge drying beds. 620
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15 Figure 2-5. San José-Santa Clara RWF Overview (CH2M Hill 2012) The RWF is located on 2,600 acres along the southern shoreline of the San Francisco Bay and includes a 175-acre wastewater processing area, a 750-acre sludge-drying area, and an 850-acre former salt production pond that has been restored to a tidal marsh. The remaining acreage is open land that buffers adjacent communities from RWF operations. The RWF 10-year $1.4 billion capital improvements project began in 2014.

Key upgrades include sludge digestion process, piping, structural improvements, a new flare, construction of a third headworks facility, dissolved air flotation thickener (DAFT) improvements, new cogeneration facilities, and a sludge dewatering facility.

Based on feedback from RWF staff (BAAQMD, 2021), there have been minimal impacts on total volume of wastewater received at the RWF during the Study period compared to pre-COVID-19 levels. While the influent flow hasn't changed significantly since the shelter-in-place order was implemented in mid-March 2020, the daily peak flow occurs a bit later in the day. These changes have not affected operations.

Wastewater entering the RWF is divided into two key treatment processes: liquid treatment and solid tre atment, each having unique odor characteristics.

1.5.3 Zero Waste Energy Development Facility
The Zero Waste Energy Development Facility (ZWED) is a dry fermentation anerobic digestion (AD) facility located in the City of San José at 685 Los Esteros Road (Figure 2-6) that produces clean, green renewable energy, while simultaneously producing a feedstock for composting. At approximately 41 acres in area, it is the first large-scale commercial dry fermentation AD technology in the United States and is the largest facil ity of its kind in the world. The facility processes an estimated 90,000 tons per year of “wet” organic waste material that is collected primarily from commercial industries and includes food waste and residential waste (mainly yard trimmings), that would otherwise go to landfill. The facility is primarily contained within a single building where sorting, digestion and in-vessel composting occur.

ZWED sources organic waste (feedstock) from the City of San José and surrounding communities and converts it into biogas through controlled anaerobic conversion of organic materials in large airtight containers (digesters). 621
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16 The biogas is stored onsite and used to power two on-site combined heat and power (CHP) engines. As of May 2020, material is delivered directly to ZWED instead of first being sorted at the Newby Island MRF. At the beginning of the shelter-in-place orders implemented in mid-March 2020 in response to the COVID-19 global pandemic, incoming feedstock slowed to almost nothing. Late summer 2020, the incoming feedstock was approximately 50 percent of normal (BAAQMD, 2021).

Figure 2-6. ZWED Facility Overview
Approximate feedstock source and percent breakdown is as follows (BAAQMD, 2021):
▪ San José; 60 percent by volume. Mostly commercial (Safeway, restaur ants). ▪ Sunnyvale: 10 percent by volume.
▪ Palo Alto: 10 percent by volume. Residential/commercial (residential is mostly green waste). ▪ Mountain View: 10 percent by volume.
▪ Other: 10 percent by volume.

The facility exhibits seasonal variations due to changes in feedstock. For example, ZWED receives more fruit in the summer and more pumpkins in October. Methane generation is greatest in the summer and slows down in the winter.

Approximately 20 to 25 trucks deliver feedstock to the facility daily. Approximately nine to ten trucks leave with finished product daily. Trucks are covered to contain odors. Only three to four trucks deliver on Saturdays, while there are no deliveries on Sundays. Material is delivered to the facility between 3:00 a.m. and 4:00 p.m. dail y, but most deliveries are in the morning between 6:00 a.m. and noon. Facility doors are only opened when trucks deliver or leave.
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17 2. Community Odor Assessment Methodology
Sample collection methodology and analyses conforms to industry best practice and approved U.S.

Environmental Protection Agency (EPA) protocol, as described below.

2.1 Field Odor Assessments
Field odor assessments were undertaken with a field olfactometer, the Scentroid SM100, which measures the odor strength in dilution to threshold (D/T). The dilution to threshold is a measure of the odor strength and is defined the number of times a sample has to be diluted to reach the odor detection threshold as measured by a trained assessor. The field olfactometer draws in sample air and dilutes the air with odorless air from a compressed air tank (scuba dive air). The field sampler begins at a low sample dose (high dilution), and slowly adjusts the sliding valve (dial) to incrementally increase the sample dose (lower dilution). The operator increases the sample dose until the odor is detected. The sampler then records the dial setting and uses the instrument specific calibration certificate to determine the odor strength (D/T).

When using the Scentroid SM100 field olfactometer, a portable weather station, a descriptor guide and a field log sheet were used during the field odor assessments. All field observations were recorded on the Field Log Sheet (Appendix A) including the measured weather conditions and description of t he odors observed directly after the measurement with the field olfactometer. The subjective description of odor sources was undertaken, including the following information:
• The odor character, e.g., earthy, musty, rotten egg, urine, ammonia, sweet, chemical, fishy, burnt, and others. The odor descriptor guide (Odor Characterization Wheel) shown in Appendix B was used as reference.
• The perceived intensity of odor sensation was described as Not Detectable (0), Very Weak (1), Weak (2), Distinct (3), Strong (4), Very Strong (5), Extremely Strong (6). • The hedonic tone, or degree to which an odor was perceived as pleasant or unpleasant, is described as Pleasant (1), Neutral (0), Unpleasant (-1), Revolting (-2), Nauseating (-3).

Figure 3-1. Field Olfactometer (left) and Weather Station (right) used for the Field Odor Assessments.

Field-olfactometry surveys were conducted in the Milpitas community at discrete locations including downwind of the primary odor sources to quantify and characterize odors (see Figure 3-2). The survey locations were primarily based on historical odor complaint data and safe access considerations.

In total, fifty field odor assessments were undertaken at eleven locations over a period of twenty-one months.

The first assessments were made on October 31, 2019, and the last assessment was completed on July 30, 2021.

This equals an average odor assessment frequency of two assessments every three weeks, except for the initial months of the global Covid-19 pandemic (middle of March 2020 till the end of June 2020) when no assessments were undertaken.
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18 Meteorological conditions (i.e., dry/wet conditions, wind speed, and wind direction) during each survey were recorded in detail on a field log sheet. Prior to surveying, wind direction was confirmed to ensure the location of each primary odor source was downwind from the odor-generating facilities. Surveys were undertaken randomly at different times of the day and on different days of the week.

Figure 3-3. Survey Locations in the Milpitas Community for Field-Olfactometric Assessments.

On the day of the field assessments, no perfumes or deodorants were used by the field assessors and no coffee was consumed in the hours before a field odor assessment.

The field odor assessors were tested for their sensitivity to odor. Each field assessor had their olfactory acuity quantified using St. Croix’s Odor Sensitivity Test Kit to test their noses. The n-butanol odorant pen dilution series provides a standard measure of sensitivity typically used in the industry to qualify odor assessors (see also EN13725). The results of the tests are shown in Table 3-1 below and confirm that the sensitivity to odor of three field assessors were comparable and typical for humans.

Table 3-1. Results Quality Control Testing of the Field Odor Assessors.

Assessor Pen Kit Serial Number Result Round 1 Result Round 2 Odor Sensitivity Score1 #1 51548 5 7 6.0
#2 51548 6 5 5.5
#3 51548 6 5 5.5
average 5.7
1 Score can range from 2 to 15 with typical human nose sensitivity threshold level being between 5 to 8.

2.2 Laboratory Odor Analysis
Bag samples were taken on October 22 2020, March 4 2021 and May 20 2021and laboratory odor analyses for the Odor Profile Method (OPM) were completed at the University of California at Los Angeles (UCLA) by a panel of four or more trained panelists. OPM is a modification of Standard Method 2170: the Flavor Profile A nalysis Method (FPA). The panelists identified multiple odor characters in a single sample based upon Odor Wheel s and their respective intensities based upon the seven-point Weber-Fechner scale. The Weber-Fechner scale including 0 (no odor), 1, (threshold) 2, 4, 6, 8, 10, 12 was used for intensity. The OPM panelists associated the intensity of 624
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19 each odor using a surrogate sugar-solution scale used for the FPA Method (Burlingame et al, 1999; Burlingame et al., 2009).

Odor plumes consist of an array of odorants each exhibiting a unique persistency; meaning that each odorant intensity diminishes at a different rate as it becomes diluted. Because of this, coupled with masking effects, a predominant odor may be observed close to the source but as one moves furthe r away that odorant may dilute and diminish in intensity, leaving previously masked odors as most distinguishable. For this reason, persistency curves are believed to be key to understanding how odor impacts the community when traveling from odor sources into the community. Figure 3-3 illustrates a persistency curve in which a sample has been diluted to different dilution ratios and intensities recorded and graphed. As illustrated in Figure 3-2, fecal and sulfur compounds are most dominant with minor dilution while musty odorants becom e most dominant with most dilution. The persistent curve method is also referred to as “peeling of the onion” method.

Figure 3-3. Example of a Persistency Curve to Understand Potential Off-site Odor Impacts from a Wastewater Treatment Plant.

Air samples for OPM analysis were collected using a vacuum chamber conforming to EPA-approved design parameters and sampling methodologies. Odorous air samples were collected and shipped via overnight express for next-day laboratory analysis to UCLA.
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20 Ambient air samples were taken downwind of each of the primary odor sources and closest to the sources (fence- line). Once in the field, wind direction was confirmed
using a portable weather station to ensure samples were collected at a true downwind location.

Ambient air samples were collected using 10-liter (L)
Teflon bags and a vacuum chamber. Teflon bag samples
were collected by connecting the bag to the vacuum
chamber (shown in Figure 3-4) using flexible fittings and 1/4-inch (outside diameter) Teflon tubing, and filling the 10-L bag completely. All sample bags were pre-
conditioned by partially filling, then expelling, the bag contents with the sample prior to taking the final sample.

Following collection, samples were labeled with an
appropriate location description, and the date and the
time of collection. This information is important for
distinguishing sample results and ensuring proper hold
times are not exceeded.

Ambient air samples contained in the 10-L Teflon bags
were handled with care and kept away from excessive
heat that could weaken the material or objects that may impale the bags. Following sample collection Teflon bags were stored in a container (for example a cardboard box) to be kept away from other objects including field equipment and d irect sun light.

Ambient air samples were recorded using a chain-of-custody sheet. A copy of the chain-of-custody was kept with the field samplers, and a copy was shipped to UCLA along with the samples. The UCLA staff reviewed the chain- of-custody, made any necessary annotations, and returned a copy of the chain-of-custody with the reporting of the lab results.

The following is a list of key field quality control items that were followed in the field when collecting bag samples for odor lab analyses:
• Prior to sample collection, inspect each Teflon bag and ensure there are no rips in the bag that may allow the sample to leak out or non-sample air to leak in.
• Prior to sample collection, prime the sample bag by running sample air t hrough the sample line into the sample bag for pre-conditioning by partially filling, then expelling, the bag contents with the sample prior to taking the final sample., and allowing any non-sample air to be removed from the sample line. • Clean sample lines were used specifically for each odor source and each sample line were cleaned after each sampling event. Sampling lines were cleaned by running warm water (no soap to be used) through the sample line for a few minutes and dry the sample line with odor -free air. • Following sample collection, the Teflon bag cap were screwed on tightly to ensure the sample air does not leak out of the bag.
• Prior to shipping the samples, the filled Teflon bag was examined to ensure that the bag was at least half full but not more than ¾ full. The bags will expand in the air when delivered via aircraft due to pressure changes. A bag that is more ¾ full is at risk of popping from over-expansion. • Field log forms were filled out while collecting samples or conducting field-olfactometry surveys, to ensure the proper information is noted. All fields were completed, and where applicable, additional notes were made.
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21 3. Results and Discussion
Field odor assessments were conducted using the field olfactometer, portable weather station, odor descriptor guide and a field log sheet. Field measurements were recorded including the measured weather conditions and description of the odors observed directly after the measurement with the field olfactometer . The results of these surveys are included in Appendix C and summarized here in this section.

3.1 Frequency of Odors Observed
Table 4-1 shows the frequency of odors observed at the eleven assessment locations, which included the locations downwind of the primary odor-emitting facilities. Directly downwind of the primary odor-emitting facilities, noticeable odors were consistently observed. Odors were observed frequently within the community with most frequent observation at Milmont Drive (50% of all field assessments) and least frequent at Mount Shasta Avenue (9% of all field assessments).

Table 4-1. Results Field Odor Assessments_Frequency of Odors Observed.

Survey Location
Odor Present
(% of the time)1
Downwind NIRRP 100
Downwind ZWED 100
Downwind RWF 98
Downwind Lift Station 98
Milmont Drive 50
Tramway Drive 50
Marylinn Drive 30
Alvarez Court 25
Murphy Ranch Road 20
Los Coches Street 16
Mt Shasta Avenue 9
Wilson Way 5
1) The percentage of the fifty field odor assessments in which odors were observed by at least one assessor.

A discrete location at the northern city boundary (Wilson Way) was also assessed between December 21, 2020, and July 30, 2021. Nineteen surveys were undertaken during that period and odors were observed only one time and were characterized as unpleasant but weak.

3.2 Odor Intensity
When odors were observed at the different survey locations, the odor intensity varied from being very weak to extremely strong as illustrated in Table 4-2. Directly downwind of the key odor-emitting facilities, strong odors were noticed consistently and were often extremely strong, with the ZWED downwind location consistently having the strongest odor intensity (average 5.8 on a scale from 0 to 6). The odor intensity at the discrete locations within the community was typically weak while occasionally strong at Milmont Drive and M urphy Ranch.
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22 Table 4-2. Results Field Odor Assessments_The Odor Intensity of the Odors Observed during the 50 Surveys.

Survey Location Odor Intensity1
average2 maximum2 Downwind ZWED 5.8 Extremely Strong/Very Strong 6 Extremely Strong Downwind RWF 4.1 Strong 6 Extremely Strong
Downwind NIRRP 3.8 Strong/Distinct 6 Extremely Strong
Downwind Lift Station 3.0 Distinct 5 Very Strong
Wilson Way 2.2 Weak/Distinct 3 Distinct
Milmont Drive 2.1 Weak 4 Strong
Tramway Drive 1.8 Weak/Very Weak 3 Distinct
Marylinn Drive 1.7 Weak/Very Weak 3 Distinct
Murphy Ranch Road 1.6 Weak/Very Weak 4 Strong
Mt Shasta Avenue 1.4 Very Weak/Weak 1 Very Weak
Alvarez Court 1.3 Very Weak/Weak 2 Weak
Los Coches Street 1.1 Very Weak 2 Weak
1) Odor Intensity scale: Not Detectable (0), Very Weak (1), Weak (2), Distinct (3), Strong (4), Very Strong (5), Extremely Strong (6)
2) Fifty field odor assessments undertaken between October 31, 2019 and July 30, 2021. This equals an average odor assessment frequency of two assessments every three weeks, except for the initial months of the global Covid-19 pandemic (middle of March 2020 till the end of June 2020) when no assessments were undertaken. Wilson Bay was added later and assessed only between December 21, 2020, and July 30, 2021 with nineteen surveys undertaken during that period.

3.3 Hedonic Tone
The (un)pleasantness of the odors (hedonic tone) varied greatly when odors were observed at the different survey locations but was never pleasant, as illustrated in Table 4-3. Directly downwind of the four key odor- emitting facilities, hedonic tone was consistently unpleasant/ revolting, with the ZWED downwind location consistently observed as the most unpleasant (average -2.7 on a scale from -3 to 1). The odor intensity at the discrete locations inside the community was typically unpleasant while occasionally revolting at Milmont Drive.

Table 4-3. Results Field Odor Assessments_ Hedonic Tone of the Odors Observed.

Survey Location Hedonic Tone1
average2 maximum2 Downwind ZWED -2.7 Nauseating/Revolting -3 Nauseating
Downwind NIRRP -1.7 Revolting/Unpleasant -3 Nauseating
Downwind RWF -1.7 Revolting/Unpleasant -3 Nauseating
Downwind Lift Station -1.2 Unpleasant/Revolting -2 Revolting Milmont Drive -1.1 Unpleasant -2 Revolting
Tramway Drive -1.0 Unpleasant -1 Unpleasant
Marylinn Drive -1.0 Unpleasant -1 Unpleasant
Los Coches Street -1.0 Unpleasant -1 Unpleasant
Wilson Way -1.0 Unpleasant -1 Unpleasant
Murphy Ranch Road -0.8 Unpleasant/Neutral -1 Unpleasant Alvarez Court -0.7 Unpleasant/Neutral -1 Unpleasant
Mt Shasta Avenue -0.3 Neutral/Unpleasant -1 Unpleasant
1) Hedonic Tone scale: Pleasant (1), Neutral (0), unpleasant (-1), revolting (-2), nauseating (-3) 628
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23 2) Fifty field odor assessments undertaken between October 31, 2019 and July 30, 2021. This equals an average odor assessment frequency of two assessments every three weeks, except for the initial months of the global Covid pandemic (middle of March 2020 till the end of June 2020) when no assessments were undertaken. Wilson Bay was added later and assessed only between December 21, 2020, and July 30, 2021 with nineteen surveys undertaken during that period.

3.4 Odor Strength (D/T)
When odors were observed at the different survey locations, the odor strength (D/T) varied from weak to distinct as illustrated in Table 4-4. Directly downwind of the key odor-emitting facilities, distinct odors were consistently observed with average values greater than 50 for the three largest facilities (NEWBY, ZWED, and RWF). The odor strength at all discrete locations within the community were faint (D/T around 5) while usually distinct (D/T > 10) at Milmont Drive, Tramway Drive, and Marylinn Drive. This was consistent with the measured odor intensity at the locations.

Table 4-4. Results Field Odor Assessments_ Odor Strength of the Odors Observed.

Survey Location Odor Strength1
average2 maximum2
Downwind ZWED 936 2260
Downwind NIRRP 68 720
Downwind RWF 57 411
Downwind Lift Station 27 259
Milmont Drive 7 39
Marylinn Drive 7 20
Tramway Drive 6 28
Alvarez Court 4 11
Murphy Ranch Road 3 6
Los Coches Street 3 8
Mt Shasta Avenue 3 5
Wilson Way < 2 < 2
1) The odor strength in dilution to threshold (D/T) as measured with the SM100 field olfactometer. 2) Fifty field odor assessments undertaken between October 31, 2019 and July 30, 2021. This equals an average odor assessment frequency of two assessments every three weeks, except for the initial months of the global Covid pandemic (middle of March 2020 till the end of June 2020) when no assessments were undertaken. Wilson Bay was added later and assessed only between December 21, 2020, and July 30, 2021 with nineteen surveys undertaken during that period.

3.5 Likelihood of Odor Complaints
Human responses to odors at varying odor concentrations are dependent upon the sensitivity of the individual person (receptor) and the level of background odor levels. The general correlation between numerical odor concentrations and qualitative odor descriptors (how it smells to people) can generally be described as follows (United Utilities, 2015):
• 1 D/T: A weak odor strength that is not normally detectable outside the controlled environment of an odor laboratory by the majority of the population.
• 5 D/T: A faint odor.
• 10 D/T: A distinct odor.

Annoyance with respect to odor, also called the odor nuisance, is a set of complex reactions that takes place when repeated or continued exposure to that odor takes place. Ultimately, annoyance may lead to a complaint, although the absence of complaints does not necessarily indicate the absence of an odor problem. The annoyance process can be summarized by an odor emission that leads to an exposure at a receptor (person). The receptor detects the odor and experiences a reaction to the odorous substances, potentially creating an impact 629
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24 sufficient to lead to a complaint. The frequency, intensity, duration, offensiveness, and location (or FIDOL factors) of the odors are usually used to evaluate the likelihood of odor nuisance.

The correlation between reported odor complaints and modelled odor impacts in relation to wastewater treatment works with ongoing odor complaints is shown in Table 4-5. This general correlation may be different for foul air from other processes, but the likelihood of odor complaints when exposed to an odor with an odor strength greater than 10 D/T is highly likely and may represent a nuisance that requires action (action level).

Based on this empirical correlation between odor strength at the impacted location and the likelihood of odor complaints, it can be expected that odor complaints occur at Murphy Ranch Roa d, Los Coches Street, and Mt Shasta Avenue and that odor complaints are highly likely at Milmont Drive, Tramway Drive, Marylinn Drive , and Alvarez Court.

Table 4-5. Empirical Correlation Between the Odor Impact (D/T) and the Likelihood of Complaints (CIWEM, 2012).

Odor Impact Criteria1 Likelihood of Complaints
>10 D/T Complaints are highly likely, and odor exposure at these levels represents an actionable nuisance.
>5 D/T Complaints may occur and, depending on the sensitivity of the locality and nature of the odor, this may constitute a nuisance. <3 D/T Complaints are unlikely to occur, and exposure below this level is unlikely to constitute significant detriment to amenity unless the locality is highly sensitive or the odor highly unpleasant in nature. 1) Based on a 1-hour averaging period and 98 percentile compliances.

3.6 Seasonal Influences on Odors Observed
The results of the field odor assessments during different periods are summarized in Table 4-6. On average, between 50 and 60% of the time odors were observed during the fifty field surveys at the eleven sample locations: 100% of the time downwind of the facilities and about 30% of the time in the community. Odors were observed in all seasons, with the average odor intensity ranging from Distinct to Strong (3.1 to 3.6 on a scale from 0 to 6) and hedonic tone ranging from Unpleasant to Revolting (-1.3 to -1.7 on a scale from -3 to 1).

No significant differences were observed between the odors emitted in the Winter-Spring 2019/20 period (before COVID-19 restrictions) and in the same period a year later Winter-Spring 2020/21 period (during COVID-19 restrictions).

Table 4-6. Results Field Odor Assessments_ Odors Observed during Different Periods of the Odor Study.

Period Bay Water1
Temperature
average (ºF)
Field
Observations
(#)
Odor Present
(% of the
time)
Odor
Intensity2
average
Hedonic
Tone3
average
WINTER-SPRING 2019/20 65 185 54 3.1 -1.3
SUMMER-AUTUMN 2020 77 124 55 3.6 -1.6
WINTER-SPRING 2020/21 60 107 59 3.6 -1.7
SPRING - SUMMER 2021 73 144 52 3.2 -1.6

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1) Average water temperature of the Bay
2) Intensity Scale: Not Detectable (0), Very Weak (1), Weak (2), Distinct (3), Strong (4), Very Strong (5), Extremely Strong (6) 3) Hedonic Tone scale: Pleasant (1), Neutral (0), unpleasant (-1), revolting (-2), nauseating (-3) 630
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25 3.7 Odor Character Downwind of Facilities
The odor character as observed directly downwind of the main odor-emitting facilities has been described by different field assessors independently a total of fifty times at different times of the days and different days of the week throughout the study. In more than 75% of these assessments, the odor character downwind of the RWF and Lift Station was described as either Sewage, Septic, Fecal or Urine. These odor descriptors can be considered unique for the RWF and Lift Station as they were not used when describing the odor downwind of the Newby facility and rarely used when describing the odor downwind of the ZWED facility (see Figure 4-1).

Similarly, in nearly 70% of these assessments the odor character downwind of the NIRRP facility was described as either Garbage, Sweet, or Rotten Vegetables. These odor descriptors are also unique for the N IRRP facility as they were not used when describing the odor downwind of the RWF and Lift Station and only Rotten Vegetables was used when describing the odor downwind of the ZWED facility (see Figure 4-1).

Also, in nearly 70% of these assessments the odor character downwind of the ZWED facility was described as either Putrid, Rancid, Manure, Pungent, or Rotten Vegetables. These odor descriptors are unique for th e ZWED facility as they were rarely used when describing the odor downwind of the RWF and Lift Station or the NIRRP facility (see Figure 4-1).

In summary, the odor character downwind of the three main odor-emitting facilities are relatively unique and were mostly described as follows:
• RWF facility: Sewage, Septic, Fecal, or Urine
• Newby facility: Garbage, Sweet, or Rotten Vegetables
• ZWED facility: Rancid, Putrid, Manure, Rotten Vegetables, or Pungent These relatively unique odor descriptors may be used when assessing the origin of the odors that are experience d in the community. The frequency of odor descriptors used to describe the odor character at the discrete survey locations are shown in Appendix D.

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26 Figure 4-1: Frequency an Odor Descriptor is used to Describe Odor Character of Odor Observed Directly Downwind of the Three Main Odor-Emitting Facilities.

3.8 Odor Character in the Community
The relatively unique odor descriptors used to describe the odors emitted from the three main facilities ca n be used to provide a global estimation of the origin of the odor experienced in the community. This estimation has been illustrated using a BLOB (acronym for binary large object) map. A BLOB map is a visual representation of a vague amount of grouped data that lacks definite shape. BLOB is a block of data stored in a database that cannot read the BLOB's structure and only references it by its size and location. Figure 4-3 illustrates the BLOB map which depicts the estimated source of odor emissions pertaining to the odors observed in the community.

All three main odor-emitting facilities contribute to odors frequently observed in the community. Although the odors emitted from ZWED are by far the most intense and the most unpleasant, their reach is mostly limited to only the first locations west and south-west of the community in the City of Milpitas (see Figure 4-3). Odors emitted from the NIRRP facility contribute to a large extent to the odors observed at most of the discrete survey locations, while odors emitted from the RWF contribute to a lesser extent at most of the discrete survey locations and more to the further away location in the east and south-east of the community (Mt Shasta Avenue).

Although this BLOB map is only a high-level visual representation, it can be used as a fairly accurate indication of where impacted odors originate from. This is because the observations have been made over a long period of time (21 months) on multiple individual field assessments (in total 50 assessment on random days of the week and random times of the day) by several assessors (three assessors that showed to have a representative sensitivity for smell as shown; see section 3.2.1).
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27 Figure 4-2: Summary of Odor Assessments Results.
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City of Milpitas Phase 1 Community Odor Study

28 Figure 4-3: High-level Visual Representation (BLOB map) that Illustrates Most Likely Origination of Odors Observed in the Community, with the Size of the Circles a Measure of the Average Odor Intensity Observed.

3.9 Odor Profile Method Results
Lab odor analyses for OPM were completed at UCLA to create persistency curves which helps to understanding how odor impacts in the communities occur from odor sources because they simulate dilution that occurs as one moves further away from a source.

Of the multiple bag samples collected, only certain samples showed high enough odor intensity to generate a persistency curve. The results of the analyses of three samples are illustrated in Figure 4-4 through Figure 4-6.

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29 Figure 4-4: Odor Persistency
Curve for ZWED.

Figure 4-5: Odor Persistency
Curve for NISL at NIIRP.

Figure 4-6: Odor Persistency
Curve for Primaries at RWF.

The figures illustrate how dominant odorant intensities diminish at a different rate as they become diluted and how the odor character changes as the plume travels into the community. The figures also show the 635
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30 required dilution rate of the specific samples for reducing the intensity to a level that the odor cannot be smelled anymore (the threshold level, which equals an intensity level 1 on the Weber-Fechner scale). This dilution would be from the location where the odor samples were collected which is just downwind and typically about 100 feet away from the sources. Note that an intensity level of 3 is synonymous with the recognition threshold, which is equal to the concentration by which the sample is detectable, and the odor character is able to be identified (e.g.; “smells like rotten eggs”). As such, an intensity level of 3 at a receptor location is typically the action level in which some type of mitigation is required to be implemented.

For the odor just downwind of the ZWED facility the required dilution level is about a log 2.5 (about 300 times). Similarly, for the odor just downwind of the landfill working face the required dilution level is about log 2.5 to 3 (about 600 times) while for the odor just downwind of the Primary Settlement Tanks the required dilution level is about log 3 to 3.5 (about 1800). This is consistent with the observations in the community during the field odor assessments where the location furthest away (Mt Shasta Avenue) observed an odor character predominately described with the odor descriptor Sewage. This is the typical odor descriptor used to describe odors emitted from the RWF (see the BLOB map Figure 4-3).

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31 4. Conclusions
Field odor assessments were conducted using a field olfactometer to measure the odor strength and describe the odors observed (character, intensity and hedonic tone). A total of fifty field odor assessments were undertaken at eleven discrete locations in the community of the City of Milpitas by multiple trained field assessors between November 2019 and July 2021. On average, two field assessments were undertaken every three weeks on random days of the week and a random time of the day, resulting in a total of 580 field observations.

The frequency of odors present, the odor intensity, the odor strength (D/T) and the hedonic tone of the odors observed at the discrete locations in the community have been established. The odor strength at the discrete locations inside the community were typically faint (D/T around 5) and unpleasant, which may lead to nuisance and complaints depending on the sensitivity of the locality and nature of the odor (i.e., frequency, duration, and offensiveness). The odor strength was occasionally distinct (D/T > 10) and revolting at Milmont Drive, Tramway Drive, and Marylinn Driv e, which makes the likelihood of odor nuisance and complaints highly likely.

Noticeable odors were consistently observed directly downwind of the following facilities:
• Newby Island Resource Recovery Park (NIRRP), comprised of Newby Island Landfill (NISL), Material Recovery Facility (MRF), and NIRRP composting facility; • San José-Santa Clara Regional Wastewater Facility (RWF); • Zero Waste Energy Development (ZWED) facility which is a dry anaerobic organic waste processing facility; and
• Main Lift Station, which is the main collection point of the sewage that is transferred to the RWF.

These odors were always strong and often extremely strong. The odor strength downwind of the NIRRP, RWF and ZWED facilities was on average greater than 50 D/T and described as ‘r evolting’, which makes the likelihood of odor nuisance and complaints almost certain in these locations.

The odor character downwind of the three main odor-emitting facilities are relatively unique and have mostly been described by different field assessors as follows:
• RWF facility: Sewage, Septic, Fecal or Urine
• Newby facility: Garbage, Sweet or Rotten Vegetables
• ZWED facility: Rancid, Putrid, Manure, Rotten Vegetables or Pungent These relatively unique odor descriptors have been used to assess the origin of the odors that are experienced in the community. A high-level visual representation BLOB map has been created to illustrate where the odors observed in the community during the odor study most likely originated from. All three main odor-emitting facilities contribute to odors frequently observed in the community. Although the odors emitted from ZWED are by far the most intense and the most unpleasant, their reach is mostly limited to only the first locations west and south-west of the community in the City of Milpitas. Odors emitted from the NIRRP facility contribute to a large extent to the odors observed at most of the discrete survey locations, while odors emitted from the RWF contribute to a lesser extent at most of the discrete survey locations and more to the further away location in the east and south-east of the community (Mt Shasta Avenue).

Bag samples were taken three times and taken for lab odor analyses at University of California at Los Angeles (UCLA) by a panel of trained panelists to identify the multiple dominant odor characters in a single sample and their respective intensities at different dilutions. The obtained results were consistent with the observations in the community during the field assessments. 637
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32 5. Recommendations for Ongoing Odor Monitoring
This section discusses recommendations for continuous odor monitoring stations . Continuous odor monitoring stations need to inform future actions to reduce odors, improve understanding of odor transient impacts, and to establish methods to measure progress on future odor reduction actions. It is recommended that BAAQMD as the enforcement agency would take the lead in implementing the recommendations in close cooperation with the City of Milpitas.

5.1 Recommendation #1
Install an IOMS with auto air bag samplers at specific locations within the community.

An ongoing odor monitoring system can assist inspectors in confirming public odor complaints. A public complaint is considered unconfirmed until and unless an inspector can confirm it by smelling it with the complainant and then tracing its source. Confirming an odor complaint is often difficult because the time for an inspector to arrive at the complainant site is typically too long to properly assess the odor complaint and trace its source due to changes in wind direction or process changes at the odor source. Jacobs therefore recommends installation of an instrumental odor monitoring system (IOMS) with auto air bag samplers at specific locations within the community.

An IOMS is a computationally sophisticated multi-sensor device(s) for odor monitoring and consists of non- specific sensor arrays. This means that they do not measure specific odorants but the aggregate of chemical compounds including odorants in th e air responding to a series of electronic sensors. IOMS devices are specifically developed and used to detect concentrations and qualities of odors. Although any IOMS are not very specific to individual compounds , they can classify “unhealthy” or sub -optimum conditions . They continuously log responses and can alert City of Milpitas staff or can initiate an a ir bag sampler for fast collection of air samples within the community for a more enhanced assessment of any odor impact . The auto bag samplers can also be initiated remotely on-demand by staff of the BAAQMD and the City of Milpitas at any moment after receiving odor complaints . The auto air bag sampler takes a sample of the air and stores it in a bag ready for a technician to collect it for shipping to a laboratory in case a detailed analysis is warranted.

The number of IOMS units should be further detailed and is dependent on several factors including historical odor complaints, safe access, costs, and resources available. Jacobs recommends installing an IOMS with auto air bag sampler at the following locations as a minimum: Milmont Drive, Tramway Drive, Marylinn Drive, and Murphy Ranch. The IOMS units with auto bag samplers should be installed in partnership with BAAQMD to provide broader understanding of odor impacts and to measure progress on future odor reduction actions.

An example of an IOMS and a bag sampler system is illustrated in Appendix E and F, respectively. The estimated cost for the bag sampler systems with IOMS is $176,256. - (see further detail in Appendix G). The bag samples can be used by Montrose to fingerprint the odor and determine the main odor source using PTR-TOF MS Analysis with the Principal Component Analysis (PCA) . This would require about $2,672. - for the analyses of four bags each time.

5.2 Recommendation #2
Introduce a mobile app for the community to provide improved feedback on the odors observed.

Unique software applications have been developed specifically for the public to provide information on odors observed in the community. These public consultation software applications are commercially available as mobile app s (and website s). A mobile app specifically for the application at Milpitas and 638
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33 surrounding communities is recommended to be used in the future as par t of public outreach efforts.

Prompt online submission of odor complaints would aid in tracking complaints more quickly and with more detailed information for improved response. It can also allow complaints to be forwarded to plant operators/supervisors of the main odor-emitting facilities immediately for interpretation and response.

Some examples of community odor reporting apps are:
• WBEA Community Odour Monitoring Program
• Ortelium_odour complaint management
• Total Odour Management_TOMS
• D-NOSES_Odour Observatory
Some of these examples also include odor monitoring, odor dispersion modelling and automated reporting.

Community odor reporting could also be included in a n already existing general community engagement mobile app.

The app should as a minimum collect the following information:
• Confirmation that odors are present
• Location of the odor observed1
• Time of the odor observed
• Duration of the odor observed
• Odor Character2
• Odor Intensity3
• Hedonic Tone4
• Wind direction
1 Mobile phone location using GPS may be used automatically. 2 The character of odor , e.g., earthy, musty, rotten egg, urine, ammonia, sweet, chemical, fishy, burnt, and others. The odor descriptor guide (Odor Characterization Wheel) may be used as reference. 3The perceived intensity of odor sensation may be described as Not Detectable (0), Very Weak (1), Weak (2), Distinct (3), Strong (4), Very Strong (5), Extremely Strong (6). 4The degree to which an odor was perce ived as pleasant or unpleasant may be described as Pleasant (1), Neutral (0), Unpleasant (-1), Revolting (-2), Nauseating (-3).

The cost of a mobile app will have to be investigated further as it would include programming efforts to make the app case specific and to include the collection of the above-mentioned information. BAAQMD may probably be best the owner of this system as an improvement to the BAAQMDs existing complaint reporting system.

The continuous odor monitoring stations together with an improved public engagement (through a mobile community odor reporting app) would better inform future actions to reduce odors , provide improved understanding of offsite odor diurnal and seasonal dynamics, and establish a method to measure progress on future odor reduction actions.

It is recommended that BAAQMD as the enforcement agency would take the lead in implementing both recommendations in close cooperation with the City of Milpitas. 639
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34 References:

American Public Health Association (APHA). 2012. “2170 Flavor Profile Analysis.” Standard Methods for the Examination of Water and Wastewater.
https://www.standardmethods.org/doi/abs/10.2105/SMWW.2882.021.

BAAQMD, 2019. Odor Complaint Data.

BAAQMD, 2021. South Bay Odor Attribution Study_draft report, December 2021.

Burlingame, G.A, 1999. Odor profiling of environmental odors. Water Science and Technology, 40(6), 31 -

38. Burlingame, G.A, 2009. A practical framework using odor survey data to prioritize nuisance odors. Water Science & Technology, 59(3).

CIWEM, 2012. Policy Position Statement – Control of Odour. https://www.ciwem.org/assets/pdf/Policy/Policy%20Position%20Statement/Control -of-odour.pdf accessed on September 9th, 2021.

European Committee for Standardization, 2003. Air quality – Determination of odour concentration by dynamic olfactometry, EN 13725. Brussels, Belgium.

San Jose Mercury News, 2019. https://www.mercurynews.com/2019/03/17/sleuths-are-on-the-case-of- milpitas-stinking-problem/. Accessed on October 5, 2021.

United Utilities (2015). Odour Control and Removal Asset Standard, United Utilities UK, 2015. 640
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35 Appendix A. Field Log Sheet

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City of Milpitas Phase 1 Community Odor Study

5-1

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2 Appendix B. Odor Characterization Wheel

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4 Appendix C. Data Base Results Field Odor Assessments

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12 Appendix D. Odor Descriptors Used at the Community Locations

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24 Appendix E. Example of an Instrumental Odor Monitoring System

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29 Appendix F. Example of Auto-Bag Sampler

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37 Appendix G. Example of Community Engagement App

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40 Appendix H. Indicative Costs of Recommendations
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CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Receive Report Regarding Mayoral/Council Term Limits and Provide Direction to Staff on Future Ballot Measures, If Any (Staff Contact: Christopher J. Diaz, City Attorney, 408-586-3040 and Ashwini Kantak, Assistant City Manager, 408-586-3053) Category: Leadership and Support Services
Meeting
Date:
3/15/2022
Recommendation: Receive report regarding Mayor/Council term limits and provide direction to staff on future ballot measures, if any.

BACKGROUND:

At the August 4, 2020, City Council meeting, the City Council voted 3-2 (Councilmembers Phan and Dominguez voted no) to discuss the possibility of the following: pursuing a change to the term limits applicable to the Mayor and/or the City Council. At the March 16, 2021 City Council meeting, the City Council voted 3-1-1 (Councilmember Dominguez abstained, and Councilmember Phan voted no) to agendize a discussion to change the term limits. At March 16, 2021, meeting, Mayor Tran also requested information related to potentially eliminating the position of the directly elected Mayor in favor of a rotational Mayor position amongst all councilmembers.

The position of the directly elected Mayor was established by the voters in the November 2, 1976 Election.

Term limits were also adopted by the voters in May 17, 1996, which added Milpitas Municipal Code section I- 400. The Municipal Code specifies that a person may serve a maximum of three consecutive elective terms as either a City Councilmember or as the Mayor. However, a person can extend out these terms if they are a Councilmember who is elected to Mayor or the Mayor who is elected to a City Council seat. Under this latter scenario, a person can serve a combined total of no more than four consecutive elected terms.

In order to change the position of directly elected Mayor or term limits, a future ballot measure would need to be proposed by the City Council and approved by voters.

ANALYSIS:

Directly Elected Mayor
The position of a directly elected Mayor and how to establish and terminate such a position is governed by California Government Code Section 34902(b) that specifies as follows:
(b) After an office of elective mayor has been established, the city council may subsequently submit to the electors the question of whether or not to eliminate the elective office of mayor, pursuant to the procedures enumerated in this article, and thereby reestablish the procedure of selection of the mayor by the city council. If a majority of the votes cast on the proposition are in favor of the elimination of the office of elective mayor, the office shall be eliminated on the expiration date of the incumbent’s term, and on the date the procedure of selection of the mayor by the city council shall be reestablished
Therefore, if the City Council wishes to eliminate the office of elective mayor, the question will need to be posed to the voters. It is recommended that the ballot measure for this question, if it is adopted, be effective in 2024 so that any individual elected to Mayor in 2022 can serve one full term. 687
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Term Limits

California Government Code section 36502(b) authorizes a general law city, such as the City of Milpitas, to limit the number of terms an elected Mayor and/or City Councilmembers may serve. This State law outlines two principal rules:

 A local term limits measure must be “prospective”. It may only apply to new Mayoral/Council terms that were voted upon at the same election as the measure, or terms voted upon at a later election. For example, a term limits measure passed at the November 8, 2022 General Municipal Election could apply to new terms elected at that same election and to those new terms elected in November 2024, 2026, etc. However, it could not apply to terms elected two years earlier at the November 3, 2020 General Municipal Election. That would make the measure impermissibly “retroactive” rather than “prospective”.

 A local term limits measure requires voter approval. It must be submitted to City of Milpitas voters at a “regularly scheduled election” and obtain majority voter approval. Under case law, a “regularly scheduled election” means (i) a statewide primary election, (ii) a statewide general election or (iii) a general municipal election. The next Statewide General Election will be held on November 8, 2022, which also coincides with the City’s next General Municipal Election. Staff notes that most cities schedule term limits measure elections to coincide with their Council elections. Because term limits measures require voter approval, the State Elections Code for local measures applies. Such a measure may be placed on the ballot by either a citizens’ initiative petition, signed by least 10% of the City’s registered voters, or by City Council majority action to call the measure for election. Once placed on the ballot, the City Attorney will prepare an impartial analysis of the measure and interested persons may submit written arguments for or against the measure, to be included in the voter information guide as provided by State Elections Code.

Beyond these two principal rules, how a term limits measure is ultimately written is left to local policy. There are a number of policy factors to consider:

Length of Term Limits?

California cities typically set either a two- or three-term limit. While one-term and four-term limits are legally permissible, they are rare in California. The current term limits in the City of Milpitas are effectively three consecutive terms with an option for a fourth term if the Mayor is voted into a Council seat, or a Councilmember is voted into the Mayor’s seat.

Lifetime or Consecutive Term Limits?

A lifetime term limit is precisely that. When the elected official reaches the applicable term limit, he or she may no longer serve in that elected office for the remainder of his or her life.

However, in the case of a consecutive term limit, when the elected official reaches the applicable term limit, he or she must step down from the office for a period of time. During this “cooling off” period, the person may not be elected or appointed to serve in that office. State law does not set a specific “cooling off” period. That said, this is typically set by local agencies at either two or four years. After the “cooling off” period expires, the person may again run for that elected office (or be appointed to such office) for additional consecutive terms as allowed under the term limits measure. In the case of the City of Milpitas, the cooling off period is the time period between general municipal elections which is 2 years.

Separate Term Limits for Mayor and Council or Combined Term Limits for Both Offices?

State law allows a term limits measure to set different limits for the elected Mayor and City Councilmembers. It also allows a single term limit to cover both Mayor and Councilmembers combined. The City of Milpitas currently has a single term limit that covers both the Mayor and Councilmembers. The City Council could 688
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retain a single term limit for ease in administration or opt to create different limits for the elected Mayor and City Council, assuming the City retains an elected Mayor.

Based on the above, we will be inquiring with the City Council regarding the following:

 Does the City Council desire to eliminate the directly elected Mayor position? This would mean, if the measure passes, the directly elected Mayoral seat would be eliminated and all seats will be councilmember seats beginning in 2024.

 If not, then the City Council will need to consider whether it wants to provide any direction on the applicable term limits for the Mayor’s position or leave them as-is.  If so, then the City Council could consider options on term limits for all Council seats as further detailed below.

 Does the City Council want to modify the term limits applicable to City Councilmembers? If so, then:

 How many years should constitute a term? Current number of years that constitute a term is 4 years
 How many terms are allowed? Current number of limits allowed for each term is 3 at 4 years each for a total of 12 years.
 Are the term limits consecutive or lifetime? Current term limits are consecutive, not lifetime.

FISCAL IMPACT:

None at this time. However, if a term limits measure and/or a measure eliminating the directly elected Mayor position were placed on the ballot, there would be an estimated expense of $73,000 per ballot measure added to the cost for the Santa Clara County Registrar of Voters to conduct the election.

California Environmental Quality Act (CEQA): The City Council’s action in receiving the report and providing direction is not a project subject to the California Environmental Quality Act (CEQA) as it is more akin to general organizational or administrative activities of the City that will not result in direct or indirect physical changes in the environment pursuant to CEQA Guideline 15378(b)(5).

RECOMMENDATION:

Receive report regarding Mayor/Council term limits and provide direction to staff on future ballot measures, if any.

Attachment(s):

None
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April 5, 2022
City Council Meeting
Presentations

Item #14: Conduct a Public Hearing to Discuss the FY2022-25 Consolidated Plan Goals and Funding Allocations for FY2022-23 Community Development Block Grant and Corresponding Annual Action Plan

Item # 15: Discussion on Draft Zoning Regulations for Mobile Food Vending

Item #17: Presentation on Responses to Council Inquiries and other Matters related to the Proposed 2023-2027 Capital Improvement Program

Item #18: Receive a Presentation on the Draft Climate Action Plan Update and Provide Direction to Staff

Item #20: Receive Report Regarding Mayoral/Council Term Limits and Provide Direction to Staff on Future Ballot Measures, If Any
Milpitas City Council
Item #14: Conduct a Public Hearing to Discuss the
FY2022-25 Consolidated Plan Goals and Funding
Allocations for FY2022-23 Community Development
Block Grant and Corresponding Annual Action Plan
April 5, 2022
City of Milpitas
455 E. Calaveras Blvd., Milpitas, CA 95035
www.ci.milpitas.ca.gov 408-586-3000
2 Background
Community Development Block Grant (CDBG) is administered by the Department of Housing and Urban Development (HUD)
Milpitas receives approximately $600,000 each fiscal year to disburse to selected organizations
Final allocation from HUD to be determined
Meeting National Objectives
• Provides a benefit to low- and moderate-income persons; • Eliminates or prevents slum or blight; or
• Meets other community development needs having an urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and other financial resources are not available to meet such needs, often referred to as “urgent need.” 3 Consolidated Plan
The Con Plan is a document, derived from public input, that demonstrates a jurisdiction’s plan to allocate CDBG funding to benefit low- and moderate-income individuals
Con Plan process serves as the framework for a community-wide dialogue to identify housing and community development priority needs and goals • Citizen participation through public outreach meetings, community engagement, and surveys
Con Plan governs the use of funding for FY2022-25
• A 3-year strategic plan for carrying out Community Development goals • An action plan that provides a basis for assessing performance Three-year Con Plan to align with the rest of the County As a part of the proposed FY2022-25 Con Plan is the FY2022-23 Annual Action Plan
4 Consolidated Plan/CDBG Community Outreach
October – November 2021: Consolidated Plan Community Survey December 2021: CAC CDBG Community Meeting
January 2022: Application Period Opens
February 2022: Application Period Closes
March 2022: CAC CDBG Community Meeting
April 2022: City Council Meeting #1
May 2022: City Council Meeting #2
May 17, 2022: In order to facilitate continuity in its program and to provide accountability to citizen, each jurisdiction should submit its consolidated plan to HUD at least 45 days before the start of the program year
5 Consolidated Plan Community Survey Results
Survey yielded 32 responses from the community:
• 72% Improved City facilities
• 50% Create additional affordable housing
• 56% Improved non-profit community services
• 66% Improved housing for special needs populations
• 59% Assist with job training for the homeless
• 63% Public services for people who are disabled
• 53% Homeless, childcare, and mental health facilities • 50% Drop-in center for the homeless
6 Consolidated Plan Goals
Seeking Council feedback
Maintain and preserve existing housing
New affordable housing
Affordable housing rental rehabilitation
Community funding/public services
Public services for low- and moderate-income residents at risk of eviction Fair housing
Public services for children and youth
Public services for seniors
Public services for domestic violence support
Public improvements including accessibility and improving public facilities Assist microenterprises and small businesses
Explore the use of HUD Section 108 Loan Guarantee Program 7 FY2022-23 Annual Action Plan
FY2022-23 CDBG application period: January 3 – February 18, 2022 Extensive outreach to community organizations
22 applications
• 23 received; 1 withdrawn
19 different organizations (a new record)
Total $1,583,167.75 in requests
• 17 public services applications/requests = $796,415
• 3 capital projects applications/requests = $710,462.75 • 1 economic development application/request = $20,000
• 1 program administration application/request = $56,290 8 CAC Commissioner Feedback

9 FY2022-23 Annual Action Plan - Available Funds
Funding Amount Funding Year Action Required Eligible Use Approximate Time to
Receive
Funding
$600,000.00
(Estimate)
FY2022-23 Formula
Funds
Prepare New
FY2022-23 Annual
Action Plan
Awaiting
HUD
guidance
Late 2022
$85,839.74 FY2020-21 Unused
Funds
Allocated Through
FY2022-23 Annual
Action Plan
Awaiting
HUD
guidance
Late 2022
$685,839.74 Total
10 CDBG Funding – Awaiting HUD Guidance
HUD allows a maximum of:
• 15% of total funds for public services
• 65% of total funds for capital projects
• 20% of total funds for program administration
A minimum of $5,000 to be funded
All awarded funds directly service Milpitas residents
HUD has not given the City clear guidance on the funding caps for activity categories or whether they allow COVID-19 related flexibilities
Awaiting HUD guidance on both the formula funding and prior-year unused funding as the prior year flexibilities may apply 11 FY2022-23 Annual Action Plan
Considerations:

American Rescue Plan Act (ARPA) funding: Rent relief, small business assistance, domestic violence, at-risk youth, and mental health have been allocated ARPA funding. CDBG applicants have also requested funding in these areas.

Since these areas have already been funded by ARPA, Council may wish to consider not funding these same areas further with CDBG. This would allow the Council to allocate the CDBG funding across the remaining applications and service areas.
12 FY2022-23 Annual Action Plan
Other considerations
Applicant Grant Experience
• Two new applicants to the City of Milpitas
• M.A.C.A.
• Hope for the Unhoused
Applicant Activity Eligibility
• Process of working with our HUD rep to determine eligibility 13 CDBG Applications – Public Services

14 CDBG Applications – Public Services

15 CDBG Applications – Public Services

16 CDBG Applications – Capital Projects

17 CDBG Applications – Economic Dev,
Program Admin

18 Recommendations
Open the public hearing, hear testimony, then move to close the public hearing.

Provide direction on the FY2022-25 Consolidated Plan goals and funding allocations for FY2022-23 Community
Development Block Grant and corresponding Annual Action Plan.

City of Milpitas
455 E. Calaveras Blvd., Milpitas, CA 95035
www.ci.milpitas.ca.gov 408-586-3000
CDBG Allocation
20 CDBG Allocation
21 CDBG Allocation
22 CDBG Allocation
23 CDBG Allocation
24 Milpitas City Council
Item No. 15: Discussion on
Draft Zoning Regulations for
Mobile Food Vending
April 5, 2022
City of Milpitas
455 E. Calaveras Blvd., Milpitas, CA 95035
www.ci.milpitas.ca.gov 408-586-3000
22 Overview of Proposed
Zoning Amendments
New Section in Zoning Code:

XI-10-13.18 – Mobile Food
Vending
Minor Amendments to Zoning
Code Section XI-10-13.15 –
Special Events
Minor Amendments to Traffic
Code Section V-100-10.11 –
Unlawful Parking-Peddlers,
Vendors
3 Regulations Based on
the Location of Mobile
Food Vendors
• On Private Property
• In Public Parks
• On City Streets
(Public Right-of-Way)
• Food Prep Facilities
Overview of Proposed
Food Truck Regulations
Regulations Based on
Number of Vendors and
Length of Operations
• Individual Food Trucks
• Two or More Food Trucks:
- Seven Days or Less
(Special Event Permit)
- More than Seven Days
(Mobile Food Park)
4 Private Property
• Must be parked on paved surface, outside any
required parking for principal use on lot
• Minimum 15 feet from driveway/curb cut
Public Right-of-Way
• Must be parked in legal parking space and comply
with all parking regulations
• May only serve customers from adjacent sidewalk
(or curb side of vehicle)
Public Parks
• Location/siting subject to approval of Recreation &
Community Services Dept.
• Must be parked in legal space on paved surface
Separation from Other Uses
• Minimum 150 feet from any existing restaurant
• Minimum 150 feet from freeway on- or off-ramp
Location and Siting Requirements

5 Access and Circulation
• Must not impede safe movement of vehicles,
bicycles, pedestrians
• Must not obstruct access through any parking lot or
to any sidewalk or alley
Parking
• Not required for individual food trucks on private
property or for vending in public ROW
• Required for mobile food parks (one space per 2.5
seats + one space per 60 sq. ft. of vending area)
Seating Areas
• Not allowed for vending in public ROW
• Allowed for all other categories of mobile food
vending, subject to review and approval
Restrooms
• Not required for individual food trucks
• Required for mobile food parks – one single-stall
restroom for every five food trucks
• Required for mobile food vending requiring Special
Event Permit
Site Design Standards

6 Hours of Operation
• 7:00 am to 10:00 pm
• No overnight parking permitted at vending site
(whether private property or public ROW)
Noise
• Must comply with Noise Abatement Ordinance
(MMC Section V-213)
Signage
• Only permitted when permanently affixed to or
painted on the vehicle
• May allow one A-frame type sign.

Trash Management and Disposal
• Must provide receptacles for trash, recycling and
compost and dispose of properly on a daily basis
• Must keep area within 25-ft. radius from vehicle
clean and clear of paper, food waste, etc.
• Must use recyclable or compostable food service
wares; polystyrene prohibited
Operational Standards

7 Review and Approval Procedures
Private Property and Public Parks
Duration of Operations
Seven (7) consecutive
days or less
More than seven (7)
consecutive days
Number of mobile
food vehicles on
property
One (1) Minor Site Development Permit
(Staff Review)
Two (2) or more Special Event Permit (Mobile Food Park) Conditional Use Permit
8 Other Permits and
Licenses Required
• Santa Clara County
Department of
Environmental Health
• City of Milpitas Business
License
• Current and Valid Vehicle
Registration
9 Mobile Food Vending – Commercial and
Mixed-Use Zones, Limited in Residential
9 Zoning District Summary of Regulations
All Commercial Zones
Individual food trucks permitted on private parcels and on public rights-of-way.

Mobile food parks* conditionally permitted except MXD2
All Mixed Use Zones
Individual food trucks permitted on private parcels and in public rights-of-way.

Mobile food parks* conditionally permitted except MXD2.

All Residential Zones
Public Right-of-Way: May be permitted only as part of a special event (with Special Event permit).

Private Property: Individual food trucks permitted only on a parcel with a museum, hospital, school, or place of religious assembly and worship.

Mobile food parks* prohibited.
10 Mobile Food Vending – Industrial,
Institutional and Park/Open Space Zones
10 Zoning District Summary of Regulations
All Industrial Zones
Individual food trucks permitted on private parcels and in public rights-of-way.

Mobile food parks* prohibited.

Institutional Zone
Individual food trucks permitted on private parcels and in public rights-of-way. Two or more food trucks may be
permitted through a Special Event permit.

Mobile food parks* prohibited.

Park and Public Open Space
Zone
Individual food trucks permitted.

Mobile food parks* prohibited.
11 Planning Commission Comments
Remove barriers and make it easy for mobile food vendors to operate in Milpitas – the City should encourage these small businesses and not impose overly burdensome requirements Need more flexibility to allow mobile food vending in
residential areas – for occasions such as block parties or other special events
Allow discretion for Planning Director to reduce or waive the location and siting standards on a case-by-case basis, based on site-specific conditions
Questions for City Council Input
• Do the proposed regulations overall provide an appropriate level of oversight and discretion for the City?
• Do the proposed regulations overall provide a reasonable process for mobile food vendors to establish operations in Milpitas?
• Do the proposed regulations strike the right balance between protecting residential areas and allowing mobile food vending under certain circumstances?
City of Milpitas
Planning Department
455 E. Calaveras Blvd., Milpitas, CA 95035
www.ci.milpitas.ca.gov 408-586-3000
BACKUP SLIDES 15 - 18
15 Definitions
“Mobile Food Vending” – the activity of selling or offering to sell products from a mobile food vehicle.
“Mobile Food Vehicle” – a motorized vehicle or trailer designed to store, prepare, and sell food (does not include vending wagons or push-carts) “Mobile Food Park” – a site with two or more mobile food vehicles located together on the same parcel and operating at the same time for more than seven consecutive days.
“Catering Establishment” – an establishment where food and meals are prepared for delivery to another location for serving and consumption. “Commissary” – a fixed-location kitchen where food is stored and prepared for off-site vending from mobile food vehicles. 16 Comparison of Mobile Food Vending
Regulations – Selected South Bay Cities
Where Regulations Located Type of Permit
Required
Mobile food vending in
public right-of-way
San Jose
Zoning Code
Chapter 20.80 – Specific Use
Regulations
Part 10 – Outdoor Vending
Administrative Permit
(Approving Authority –
Planning Director)
Not specifically addressed
(outdoor vending regulations
apply to parcels)
Mountain
View
Municipal Code
Chapter 15 – Food
Establishments, Restaurants,
and Mobile Vendors
Article II – Mobile Vendors
Mobile Vendor Permit
(Approving Authority –
Finance Director)
Addressed in regulations
(mobile food vending
prohibited on certain named
streets, but otherwise allowed
in public rights-of-way
citywide).

Newark
Zoning Code
Chapter 17.26 – Standards for
Specific Uses
Section 260 – Temporary Uses
Minor Use Permit
(Approving Authority –
Planning Director)
Not specifically addressed
1717
Comparison of Mobile Food Vending
Regulations – Selected South Bay Cities
Where mobile food vending is
permitted
Where mobile vending may
be permitted
(discretionary approval)
Where mobile food
vending is prohibited
San Jose
Most commercial zones
Combined Industrial/
Commercial zone
Transit Employment Center zone
All Mixed-use zones
Downtown zones
Pedestrian-oriented zones
Light Industrial Zone
Heavy Industrial Zone
Residential zones
Commercial office zone
Public/Quasi-Public zone
Industrial Park zone
Open Space and Agricultural
zone
Mountain
View
Private property in:

Multi-family residential areas
All commercial, industrial, and
mixed-use areas
Public rights-of-way citywide
(except certain named streets)
With special event permit, may
be allowed in single-family
residential areas, on vacant
lots citywide, and on City-
owned property.

Vacant lots in any zone
Residential lots with single-
family homes or duplexes
Parks and playgrounds
City-owned lots and
buildings
Certain public rights-of-way
named in code
Newark N/A
May be authorized as a
temporary use in any location
citywide, subject to approval of
a Minor Use Permit.

N/A
18 Review and Approval Procedures
City Streets (Public Right-of-Way)
• In all areas of the city other than low- and medium-density residential zones (R1, R2, R3) – City business license
required. Planning staff would be consulted at the time of operator’s application for business license and would advise applicant of applicable rules and regulations. No other City permits or approvals required.
• In R1, R2 and R3 residential zones, mobile food vending only allowed pursuant to approval of a Special Event Permit (City business license also required).
* Proposed amendments to Traffic Code (§V-100-10.11 – Unlawful Parking-Peddlers, Vendors) state that the prohibition on vehicles that sell good or merchandise stopping or parking on any City street for more than 10 minutes does not apply to mobile food vehicles, as defined in Zoning Code (§XI-10-13.18).

Milpitas City Council
Item #17: Presentation on Responses to
Council Inquiries and other Matters
related to the Proposed 2023-2027 Capital
Improvement Program
April 5, 2022
City of Milpitas
455 E. Calaveras Blvd., Milpitas, CA 95035
www.ci.milpitas.ca.gov 408-586-3000
2 Agenda
• Background
• Responses to Council Inquiries
• City Council Referrals
• Projects - New or with Additional information
• Engineering Staffing and Project Delivery
• Next Steps
• Discussion
• Recommendation
3 Background
• February 8, staff presented the proposed 2023-27 Capital Improvement Program, Fiscal year 2022-23 CIP Workplan, Referrals, and the Engineering Department position requests to the City Council for review and consideration.
• The Council provided feedback to staff on referrals and requested staff bring additional information back on several items for Council consideration.
• On March 15, the City Council requested that staff bring forward as part of the adoption of the 2023-2027 CIP, a Sports Center Visitor Bleacher project for potential inclusion in the 2023-2027 Adopted CIP.

Responses to Council
Inquiries
5 Metro Police Substation
• The Project was added to the CIP in 2019 with $1M in funding from TASP fees. • Funds commercial building tenant improvements to construct a 1,500 square foot police substation facility within the Metro area.
• The substation will maintain police response times and presence due to anticipated increased call volume from the new Metro residential developments, entertainment zone, and the Milpitas Transit Station and future increased traffic congestion. • An existing police substation is within The Great Mall of the Bay Area; however, this station is inadequate. This location is not desirable due to pedestrian and vehicle traffic congestion and conflict within the Mall parking lot when responding to calls. • Build-out of the Metro Specific Plan area is estimated at 2050. Staff will bring forward potential police substation sites for Council consideration over the next few years.
• Substation Project will remain as a funded project in the CIP. 6 Fire Station 1 Ambulance
Personnel Quarters
• January 2021, Contract for installation of window at Fire Station 1 for the ambulance personnel quarters was let to Ron Paris Construction.
• Ron Paris Construction was unable to complete the work. • New contract with Tucker Construction was initiated by Public Works last September to complete window installation,
anticipated by the end of June 2022.
7 McCandless & Curtis Well Projects
• August 5, 2021, the Council approved a Water Shortage Contingency Plan in response to water consumption reduction targets required by the City’s water wholesalers and State law.
• A water supply augmentation strategy identified in the Plan is to expand the City’s water supply portfolio by constructing wells to supplement water supply during drought conditions.
• The City’s Pinewood Well is developed and available for emergency water supply. • Once completed, the Curtis and McCandless Well’s will also supplement emergency need.
• Wells will offset State mandated water storage requirements for the new residential developments within the Metro area.
• Staff recommends work on the Well projects resume as quickly as possible. 8 Dempsey Water Line Project
• The Dempsey Water Line Project, No. 7118 provides for the replacement of 4,000 feet of 12” cast iron pipe along Dempsey Road from North Park Victory Drive to Yosemite Drive at an estimated cost of $7.8M.
• Due to insufficient staff capacity and other high priority projects, the Dempsey Water Line Project has not moved forward.
• The Council requested staff provide an estimated cost and schedule for reduced project limits between Selwyn Drive and Yosemite Drive in order speed the repair of the pavement on Dempsey Road. • The reduced length is approximately 2,500 feet, and the estimated cost is $4.8M; however, the reduction in the length of the water line replacement does not impact the schedule nor the administrative costs. • The resurfacing of Dempsey Road will be included in the 2023 resurfacing project at an estimated cost of $2.5M.
• Design of the water line project would then restart in FY 2024-25 and require an estimated 18 months to complete. The start of water line construction is estimated to start in FY 2026-27. • In order to mitigate the delay of the water line project and potential service interruptions, staff will proactively monitor critical sections of the water line for leaks and breaks.

City Council
Referrals
10 Referrals Scheduled to be Included in
the FY 2023-27 CIP
Project Title Estimated Cost and Funding Source Scheduled To Start Railroad Quiet Zone Assessment $300,000; funded by General Gov’t CIP Fund, Impact fees
FY2024-25 by Engineering
Department
Rose Garden with a Children’s
Memorial
$300,000; funded by General Gov’t CIP Fund,
Midtown Park Fund
FY2024-25 by Engineering
Department
Gateway Signs $600,000; no funding source identified TBD Police Substation on City owned
Parcel 2 $1,000,000; funded by TASP Fees TBD
Landmark Policy - Historic
Resources Master Plan Update $200,000; funded by General Gov’t CIP Fund FY2022-23 by Park & Recreation Department
11 Referral Not Scheduled to Be Included
in the FY 2023-27 CIP
Pavement Marker Pilot Program
• Staff understands a majority of Council was not in favor of proceeding with the pavement marker pilot program.
• Staff will continue with current traffic calming and assessment programs currently underway.
• New traffic calming Projects to start this current fiscal year (FY2021-22) include:
oCitywide Traffic Safety Assessment (Project No. 4293)
oCitywide Traffic Modeling (Project No. 4297)
New Projects or
Projects with
additional
Information
13 Sports Center Visitor Bleachers
• On March 15, the City Council requested that staff bring forward information on this project for potential inclusion in the 2023-2027 Adopted CIP • Installation of two “Visitor” bleacher units was completed as part of the Sports Center synthetic turf fields project in 2016.
• “Visitor” bleachers are located on the east side of the field and consist of two 8-foot by 21-foot, 52 seat units with a total capacity of 104 people. The bleachers are Americans with Disabilities (ADA) compatible.
• The estimated cost to increase bleacher capacity by 50%, by adding one unit is $275,000; to increase capacity by 100% by adding two additional units is $300,000. • Project funding would be from the General Government CIP fund. • Staff seeks Council direction regarding adding this project to the CIP. 14 Sports Center Visitor Bleachers

15 South Milpitas Blvd. Vehicle Bridge at
Penitencia Creek
• Project provides for the design and construction of a vehicular bridge over Penitencia Creek at the end of the new South Milpitas Boulevard and connecting to Sango and Tarob Courts.

16 South Milpitas Blvd. Vehicle Bridge at
Penitencia Creek
• The City was just awarded $3M in Federal Community Project Funding for this Project as part of the Federal appropriations package signed by the President on March 11, 2022;
• This additional funding will increase the Project budget from $12.7 million to $15.7 million, which fully funds the project as currently estimated. 17 Council Chamber AV System
Replacement
• The Council Chambers audio and video (AV) system was designed for television broadcasting of Public Meetings and was last renovated over 10 years ago. • In August 2021, the City transitioned to a hybrid meeting format requiring the AV system to interface with zoom and live streaming media. • System has reached the end of its service life is now technologically obsolete and not compatible with its current use.
• Due to the age of the AV system and additional integration requirements, staff has needed to troubleshoot and develop workaround solutions to fix breakdowns on numerous occasions.
• New AV equipment will be required to continue hybrid format and streaming functions in an effective and reliable manner.
18 Council Chamber AV System
Replacement
• On February 8, Council direction was to not fund system replacement this coming fiscal year (FY2022-23).
• Staff recommends proceeding with an assessment and conceptual design of the AV system to provide a scope of work for system replacement. Estimated cost is $200,000 funded through General Government CIP funds.
• Replacement project would be included in the CIP in FY 23-24 at an estimated cost of $1.3M, with funding to be identified in the future.
• Cost estimate is based on cost of original system, staff will explore more cost- effective solutions given technology changes since 2012. • Based on system assessment and ongoing equipment breakdown, staff may bring forward recommendations ahead of the next five-year CIP, with potential funding from the $2 million technology reserve fund.

Engineering Staffing
and Project Delivery
5-Year Workplan with Current
Staffing Levels
20 • At the February 8th, CIP Study Session, the City Council was in support of adding up to 4 positions in the Engineering Department to advance project delivery.
• However, only two additional positions will be recommended in the FY 2022-23 Proposed Budget.
• Due to the geopolitical uncertainty and related spike in commodity prices and inflation, less General Fund revenue is projected for FY 2022-23. • Some projects (e.g.: Cardoza Park) are not fully funded yet • Difficulty in filling authorized vacant positions
• Pending recovery of the economy over the next 12 months, staff intends to bring forward an additional request for the remaining two positions as part of the FY 2023-24 Budget.
5-Year Workplan with Current
Staffing Levels
21 • Two requested additional engineering positions to address workload and Council priorities:
o Principal Civil Engineer or Associate Civil Engineer
o Junior/Assistant Engineer
• Total cost approximately $476,500, funded 30% by General Fund ($142,950) and 70% by the CIP ($333,550).
• Outcome: Continue current workload and start up to 6 new projects:
o FY 2022-23 Design phase: Cardoza Fields (funding for construction not yet identified) and Fire Station 1 Modular Building
o FY 2023-24 Design phase: McCandless Pedestrian Bridge, Dempsey Road Water Line, the Rose Garden and Children’s Memorial and Railroad Quiet Zone Study
o If the Council prefers to advance the Sports Center Visitor Bleacher, one of the six projects above would be delayed.
• Work schedule for new project starts assumes prompt filling of new positions. • Current labor shortage makes it difficult to fill positions and/or obtain contract staffing. • May require 6 to 12 months to fill positions.
22 CIP
Workplan
Design & Construction Section FY22 FY23 FY24 FY25 FY26 FY27 Fire Station No. 2 Replacement (3447) X X X
McCandless Park (5102) Construction Phase 1, Phase 2, Phase 3 X X X X Alviso Adobe Media & Exhibits (5055) X X
ADA Compliance Review & Coordinated Duty (3436) X X X X X X Valley Water Creek Projects (3452) X X X
Montague Pedestrian Overcrossing at Penitencia Construction Phase (2018) X X X X X X McCarthy & Sinclair LLMD Improvements (3402 & 3411) X X X City Bridge Inspection (4290) X
Curtis Well Assessment, Design & Construction Phases (7076) X X X X X X GIST Updates (3427) X X X X X X
Calaveras Blvd Widening Project (4258) X X X X
South Milpitas Blvd. Bridge at Penitencia (2016) X X X X Dempsey Road Resurfacing Project (4306) X X
ARPA Park Rehabilitation – Engineering (3501) X X X
McCandless Well Facility Construction Phase (7076) X X X Cardoza Park Softball Fields Improv. (Proposed Funding FY22/23) Q4 X X X X FS1 Modular Building (Proposed Funding FY22/23) Q4 X X X X McCandless Bridge (2005) Q3 X X X
Dempsey Road Water Line Project (7118) Q3 X X X
Main Lift Station Meter Replacement (6131) X X
City Standard Detail, Guidelines & Specification (3418) X X Light Rail Median Landscaping (2001) X
Rose Garden Memorial X X X X
Railroad Quiet Zone X X X X
X – Projects Underway
X - Projects scheduled
to start with current
staffing level
X – Projects scheduled
to start with 2 additional
positions
23 Next Steps
Date Action
May 3 Staff anticipates presenting the Proposed 2023-2027 CIP document, as revised, to the City Council for consideration.

June 7
Proposed funding actions for the first year of the 2023-2027 CIP document will be presented for Council consideration as part of the approval of the FY2022-23 Adopted Budget.
24 Council Discussion
Staff is seeking Council feedback and input:
• Pavement Marker Pilot Program
• Sports Center Visitor Bleachers
• Council Chamber AV System ​Replacement
25 Recommendation
Receive a Presentation on Responses to Council
Inquiries and other Matters related to the Proposed
2023-2027 Capital Improvement Program and provide
feedback to staff.

Milpitas City Council
Item #18: Receive a Presentation on
the Draft Climate Action Plan Update
and Provide Direction to Staff
April 5, 2022
City of Milpitas
455 E. Calaveras Blvd., Milpitas, CA 95035
www.ci.milpitas.ca.gov 408-586-3000

CAP BACKGROUND
01 Why have a Climate
Action Plan

CAP UPDATE OVERVIEW
02 Greenhouse gas
emissions in Milpitas

KEY STRATEGIES
03 To meet carbon
neutrality

FEEDBACK
04 Direction on pace,
priorities, programs
01 CAP

BACKROUND

CLIMATE ACTION PLAN UPDATE OBJECTIVES

GHG REDUCTION
Align with State goals and
achieve carbon neutrality

CLIMATE RESILIENCE
Integrate climate
adaptation

COMMUNITY
Engage the community
and stakeholders
throughout the process

SUSTAINABILITY
Connect with existing
and developing City
initiatives

COMMUNICATION
Communicate climate
challenges and
opportunities

IMPLEMENTATION
Focus on
implementation and
monitoring

COMPREHENSIVE
UPDATE
Holistic update to
existing CAP

CEQA-QUALIFIED
Opportunity for projects
to streamline GHG
analysis under CEQA
What is a climate action plan?
● A roadmap for reducing GHG
emissions and adapting to climate
change
● Identifies existing and projected GHG
emissions
● Sets GHG reduction targets
● Establishes policies and actions to
meet reduction targets
● Integrates climate adaptation and
resilience strategies
● Engages the community
● Provides an implementation program
What is a climate
action plan?

FEDERAL AND STATE CLIMATE ACTION
Federal
 2030 Target: 50% below 2005 levels
 Funding: ARPA and Infrastructure Bill
State
 2030 Target: 40% below 1990 levels
(SB 32)
 2045 Target: Carbon neutrality (EO B-
55-18)
 Climate adaptation policies (SB 379)
 Funding: State budget and CA Climate
Investments
02 CAP UPDATE

OVERVIEW
CAP
Update
Project
Approved
by Council
with CIP
2019-2024
Council
approves
contract with
Ascent
Environmental
Consultants
Aug 2020
Technical
Analysis: GHG
inventory &
forecasts, action
identification,
and stakeholder
engagement
Sept ‘20 – Aug
‘21
Youth
engagement with
Milpitas High
School and
public workshop
May 2021
City Council
Study Session
Today
CAP Update Timeline

CURRENT EMISSIONS
How much greenhouse gases does
Milpitas currently emit?
Residential
Energy
10%
Nonresidential
Energy
22%
Transportation
62%
Waste
5%
Water &
Wastewater
1%
Electricity
<1%
Natural Gas
10%
Electricity
7%
Natural Gas
15%
Passenger Vehicles
39%
Commercial
Vehicles
20%
Off-Road
Transportation
4%
Solid Waste
Disposal
5%
Water Supply &
Wastewater
Treatment
1%
Milpitas
Greenhouse
Gas Emissions:
2019
Milpitas Greenhouse Gas Emissions: 2019
Emissions Sector GHG Emissions
(MTCO2e)
Residential Building Energy 42,218
Nonresidential Building Energy 98,319
On-Road Transportation 259,627
Off-Road Vehicles and Equipment 15,554
Solid Waste 23,566
Water Supply 694
Wastewater Treatment 1,578
Total MTCO2e 441,557
How does Milpitas compare to nearby cities?

PROJECTED

EMISSIONS
How much greenhouse gases will
Milpitas emit in the future?
MILPITAS: 2019 – 2045
2019 2030 2040 2045
0 100,000
200,000
300,000
400,000
500,000
600,000GHG Emissions (MTCO2e)
On-Road Transportation Off-Road Vehicles and Equipment
Solid Waste Water Supply
Wastewater Treatment Residential Building Energy
Nonresidential Building Energy Axis
No Action
Adopted Federal
+ State
legislation
MILPITAS IN 2045
Residential Natural
Gas
11%
Nonresidential
Natural Gas
20%
On-Road
Transportation
56%
Off-Road Vehicles
and Equipment
6%
Solid Waste
7%

REDUCTION TARGETS
How much greenhouse gas emissions
should Milpitas reduce?
How much do we need to reduce from 2019 levels?
2030 2040 2045
36% 79% 100%
2019 2030 2040 2045
0 50,000
100,000
150,000
200,000
250,000
300,000
350,000
400,000
450,000
500,000GHG Emissions (MTCO2e)
On-Road Transportation Off-Road Vehicles and Equipment
Solid Waste Water Supply
Wastewater Treatment Residential Building Energy
Nonresidential Building Energy Reduction Targets
2030 Target:
36%
Reduction
2040 Target:
79%
Reduction
2045 Target:

Carbon
Neutrality
Close gap
with local
action
03 EMISSION

SOURCES &
KEY

STRATEGIES

STAKEHOLDER ENGAGEMENT
● Energy and Environmental Sustainability Commission (multiple meetings) ● Community Workshop (May 2021)
● Milpitas High School Workshops (March/May 2021)
● Sunnyhills Neighborhood Association Meeting (April/Dec 2021) ● Economic Development Roundtable
● Farmers' Market Pop-up (July 2021)
● Online Survey

Summary of Community Feedback
● Strong support for taking action on climate now
● Strong support for transitioning away from fossil fuels by 2030
○ Building electrification in new construction
○ Education regarding home electrification
○ Incentives before mandates
● Interest in exploring a carbon tax
● Need to address transportation related emission
through alternative mode options
○ Support for public shuttle
● Concern about electric grid reliability

EMISSIONS SOURCES & KEY STRATEGIES
 Building Energy
 On-Road Vehicles
 Circular and Green Economy
 Solid Waste
 Off-Road Vehicles and Equipment
 Water and Wastewater
 Carbon Sinks

BUILDING ENERGY
Maximize
Building
Decarbonization
and Efficiency
 Adopt updated "reach"
building codes with
each building and
energy code cycle to
accelerate all-electric
new development
(100% all-electric
buildings by 2023)
 No new fossil fuel-
powered backup
energy sources by
2030
New Residential &
Nonresidential
 Incentives/program
to retrofit existing
residential buildings
improve energy
efficiency and
facilitate fuel
switching (36% to be
all-electric by 2030)
Existing
Residential
 Promote
incentives/programs
to retrofit existing
nonresidential
buildings improve
energy efficiency and
facilitate fuel
switching (13% to be
all-electric by 2030)
 No new permits for
fossil fuel-powered
backup generators by
2030
Existing
Nonresidential

BUILDING ENERGY
Shift to Clean
and Reliable
Energy
 Achieve 100 percent carbon-free electricity
by 2030 in all existing and new
development (SVCE or onsite renewables)
 Facilitate innovative approaches to energy
generation, distribution, and storage (e.g.,
microgrids)
 Work with utility partners (PG&E, SVCE,
state regulators, etc) to improve electricity
grid reliability
Residential & Nonresidential

ON-ROAD VEHICLES
Decarbonize
Vehicles
 Incentives/programs
to increase EV and
low-carbon vehicle
adoption (36% are
EVs by 2030)
Passenger Vehicles
 Increase EV and
low-carbon vehicle
adoption (26%
increase in EV
usage by 2030)
Commercial Vehicles
 Increase EV charging
infrastructure (50%
of parking in new
development EV-
ready by 2030)
Infrastructure

ON-ROAD VEHICLES
Facilitate
Sustainable
Transportation
& Land Use
 Reduce VMT from new
development in compliance
with SB 743 (15% reduction by
2030 (passenger &
commercial) by enforcing
City’s requirements and
continuously updating VMT
Policy and implementation
tools
 Work with local businesses to
provide incentives for
employees to use transit,
active transportation, or
alternate commute
alternative (teleworking, etc)
Reduce Vehicle Miles Travelled Land Use
 Continue to implement and
adopt policies that support high-
density, mixed-use, and transit-
oriented development and
housing near jobs
 Explore car-free zones or shared
streets in appropriate areas
 Support redevelopment of older
commercial or gateway areas
(Main Street and Calaveras) to
intensify development and a
mix of uses along major transit
corridor

ON-ROAD VEHICLES
Increase
Active &
Public Transit
 Improve active
transportation options
(50 miles of new
bikeways and 25 miles
of new pedestrian paths
by 2030)
 Facilitate development
of complete streets and
neighborhoods
Active Transportation
 Enhance and expand
transit facilities and
infrastructure
 Increase transit ridership
 Implement “On-Demand”
shuttle pilot and other
options for micro-
mobility
 Reduce VMT from
existing development
(22% reduction in by
2030 (passenger only)
Public Transit

CIRCULAR
& GREEN

ECONOMY
 Support and attract clean
technology businesses and
green jobs in Milpitas
 Incentivize and promote green
business practices
 Explore opportunities to work
with key stakeholders to
incorporate an Eco-Innovation
District in conjunction with
local Specific Planning Efforts
Foster Green Economic
Opportunities
 Support Circular Economy
policymaking at
Federal/State/local level
 Support policies that
reduce single use
disposable items and
increase sustainable
product purchasing
Support Circular
Economy Policies
OTHER

SOURCES
Promote
Resilient
Water Supply,
Resource, and
Use
 Reduce indoor water
consumption in buildings
(35% reduction in indoor
water consumption by
2030)
 Reduce water consumption
for irrigation and
landscaping (60% reduction
in outdoor water
consumption by 2030)
 Increase the use of recycled
water and support efforts
to drought-proof our water
supply
New Buildings
 Reduce indoor water
consumption in buildings
(30% reduction in indoor
water consumption by 2030)
 Reduce water consumption
for irrigation and landscaping
(50% reduction in outdoor
water consumption by 2030)
Existing Buildings
OTHER

SOURCES
Resilient
Infrastructure,
Healthy Urban
Forest &
Natural
Systems
 Implement Urban Forest
Management Plan to
protect native trees and
vegetation and enhance
carbon sequestration (50%
increase in tree coverage by
2030)
 Implement tree planting
program
Healthy Urban Forest &
Natural Systems
 Reduce the urban heat island
effect to conserve energy by
requiring new development to
install cool pavement, low-
maintenance and drought
tolerant landscaping, and
plant shade trees
 Increase the use of green
infrastructure
 Use low-carbon and carbon
sequestering construction
materials in new development
Resilient Infrastructure

OTHER SOURCES
Off-Road
Equipment
 Reduce construction-
related emissions (40% of
fossil fuel-powered
construction equipment
uses renewable diesel or
replaced with zero-
emission alternatives by
2030
Construction Equipment
 Reduce landscaping-
related emissions (60%
of fossil fuel-powered
landscape equipment is
replaced with zero-
emission alternatives by
2030)
Landscape Equipment

OTHER SOURCES
Achieve Zero
Waste
 Eliminate the disposal of
organic solid waste in
landfills (75% of waste is
diverted from landfills)
 Increase food recovery
consistent with SB 1383
Organic Waste
 Require increased
recycling and the
diversion of other
inorganic solid waste
 Reduce the generation of
waste from residents and
businesses.
 Reduce the generation of
construction and
demolition waste (75%
diversion of construction
and demolition waste)
Waste Reduction

MUNICIPAL

OPERATIONS
 Continue procurement of 100%
carbon-free electricity
 100% all-electric new City
buildings by 2030
 Develop strategy to transition
existing City buildings to be all-
electric (goal of 40% by 2030)
 Install solar and battery
storage at additional City
facilities
 Eliminate fossil fuel-powered
backup generator usage by
2040
City Building Energy Use
 Update Green Fleet Policy
with 70% of City non-
specialized fleet is zero
emission by 2030
 Expand and improve
incentives for City
employees to choose
alternatives to single-
occupant car commutes
 40% reduction in City
employee commute VMT by
2030
 Where practical, use bikes
or low-/zero-emission
vehicles for City employees
traveling between facilities
City Fleet & Commute

MUNICIPAL
OPERATIONS  Enhance and expand waste
reduction programs and
policies with goal of 75% of
waste is diverted from
landfills by 2030
 75% diversion of
construction and demolition
waste
 3% reduction in water
consumption
 Use resource efficient
landscaping techniques in
new or renovated medians
and parks
City Operations
 Develop a water
neutrality program
 Implement
Environmentally
Preferably Purchasing
Policy
 Use locally produced
compost in new and
redeveloped City
projects for landscaping
and erosion control
Recommended Near Term Action (first 18 months)
Actions
Adopt an updated reach code for all electric new construction and increase EV charging station standards beyond State requirements. (BE-2.1.1 and TR-2.1.2)
Promote benefits and incentives for clean energy, improved energy efficiency, and electrification of existing buildings. (BE-1.3.2 and BE-2.4.1)
Enforce the City's requirements for SB 743 and continuously Update VMT Policy and Implementation Tools to further reduce VMT (TR-1.1.1)
Incorporate Sustainable Design Measures and incentives into the City's new Zoning Ordinance Update (BE-2.3.1 and TR-1.3.1)
Improve awareness of incentives for low- and zero-emission vehicles and increase EV purchases in Milpitas (TR-2.2.1)
Implement the Milpitas OnDemand "hub-and-spoke" micro-transit pilot program (TR-3.1.1) Implement the updated Trail, Pedestrian, and Bicycle Master Plan to enhance and expand bicycle and pedestrian infrastructure and networks (TR-3.3.5)
Implement and enforce the requirements of SB 1383 and eliminate disposal of compostable organic materials to landfills (SW-1.1.1)
Based on the recommendations from the City's Urban Forestry Management Plan, implement a tree planting program to expand the city's urban forest canopy (CS-1.1.1 and CS-1.1.2) Work with partners offer courses/training that prepare students/workers for green jobs (GE-1.1.1) Municipal Operations Actions
Install EV charging and alternative fuel stations at appropriate City sites (MVF-1.1.1) Update the City’s Green Fleet Policy to convert the City’s non-specialized fleet to all electric and identify alternative fuel options for other vehicles and equipment (MVF-1.1.3) Pursue funding to expand solar and back up battery systems to other City facilities such as PW/PD, City Hall, Sports Center (MBL-1.2.2)
Inventory and develop strategy to retrofit existing municipal buildings and facilities to be all- electric (MBL-3.1.2)
Enhance and expand waste reduction policies and programs for City facilities (MSW-1.1.1 and MSW-2.1.3)
Use resource efficient landscaping techniques in new or renovated medians and parks (MWA-1.1.4)
Recommended Near Term Action (first 18 months)
Note: if Council would like to advance with this set of near-term actions, staff will return with funding requests not to exceed $150,000. 2019 2030 2040 2045
0 50,000
100,000
150,000
200,000
250,000
300,000
350,000
400,000
450,000
500,000GHG Emissions (MTCO2e)
Building Energy On-Road Transportation
Off-Road Vehicles Solid Waste
Water Supply and Wastewater Treatment Total with Carbon Sequestration Target Annual Emissions
2030 Target:
36%
Reduction
2040 Target:
79%
Reduction
2045 Target:

Carbon
Neutrality
38% achieved
with local action

CITY COUNCIL FEEDBACK

PRIORITIES
Are the Key
Strategies the right
ones to focus on?

PROGRAMS
Should
actions/programs
change? Are any
missing?
CREDITS: This presentation
template was created by Slidesgo,
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Next Steps
Incorporate Council Feedback into
Final CAP Update
Apr 2022
Complete Environmental Review
(CEQA)
Apr 2022
Energy and Environmental
Sustainability Commission
Presentation and Public Workshop
Apr/May
2022
City Council Adoption June 21,
2022
Recommendation
Receive a presentation on the Draft Climate Action
Plan Update and provide direction to staff.

City of Milpitas
455 E. Calaveras Blvd., Milpitas, CA 95035
www.ci.milpitas.ca.gov 408-586-
3000
Backup Slides
Production
vs.

Consumption
Transportation Food Goods Services Housing
Composting
On-Road
Transportation
Off-Road Vehicles
and Equipment
Nonresidential
Building Energy
Residential
Building Energy
Solid Waste
Water Supply
Wastewater
Treatment
(50,000) 100,000 250,000 400,000 550,000 700,000 850,000 1,000,000 Consumption-Based
Emissions
Production-Based
Emissions
GHG Emissions (MTCO2e/year)
Milpitas
Climate Action Plan Update
City Council | April 5, 2022
Milpitas City Council
Item #20: Receive Report Regarding
Mayoral/Council Term Limits and
Provide Direction to Staff on Future
Ballot Measures, If Any
April 5, 2022
City of Milpitas
455 E. Calaveras Blvd., Milpitas, CA 95035
www.ci.milpitas.ca.gov 408-586-3000
Background and Overview
2 In 2020 and 2021, the City Council discussed
modifying the term limits and discussed potential
exploration of eliminating the directly elected Mayor
Directly elected Mayor
Term Limits
• How Many Years Constitute a Term?
• Length of Term Limits?
• Lifetime or Consecutive?
• Combined Term Limits?
3 Directly Elected Mayor

4 Government Code Section 34902(b)
• (b) After an office of elective mayor has been established, the city council may subsequently submit to the electors the question of whether or not to eliminate the elective office of mayor, pursuant to the procedures enumerated in this article, and thereby reestablish the procedure of selection of the mayor by the city council. If a majority of the votes cast on the proposition are in favor of the elimination of the office of elective mayor, the office shall be eliminated on the expiration date of the incumbent’s term, and on the date the procedure of selection of the mayor by the city council shall be reestablished.

Does the City Council wish to propose to the voters
elimination of the directly elected mayor?
Directly Elected Mayor
5 Term Limits
6 Government Code Section 36502(b) Legal Requirements:
• Must be prospective: Limits cannot apply retroactively • Requires voter approval: City must submit the question to the voters All other options are policy decisions for the City Council Term Limits
7 Term Limits: Combined or Separate
If the City Council opts to keep the directly elected Mayor, the City Council can set combined or separate term limits for the Mayor and Council.

City currently has combined term limits
• Council or Mayor can serve three terms and a fourth term if a Councilmember runs for Mayor or the Mayor runs for Council If separate, the City Council will need to provide direction for the Mayoral seat:
• Number of Years of a Term?
• Length of Term Limits?
• Lifetime or Consecutive?
8 Current Mayoral Term is 2 years – can be
changed to 4 years from 2 years, or remain at 2
years
Current City Council Term is 4 years set by state
law – cannot be changed other than through
Charter
General Municipal Elections are every 2 years
Does the City Council wish to modify the
number of years that constitutes a term for
the Mayoral seat?
Term Limits: How Many
Years Constitute a Term?
9 Term Limits: Length of Terms
Length of Term Limits?
• Most cities set two or three as the term limit
• Current is three terms except where Council runs for
Mayor or Mayor runs for Council which allows for a
four term limit.

Does the City Council wish to modify the current
three term limit to two terms or some other
number?
10 Term Limits: Lifetime or
Consecutive
Lifetime or Consecutive Term Limits?
• Lifetime: Prohibition for life after term limits are
met
• Consecutive: Allows for “cooling off” period.

Member can return after cooling off. City
currently has consecutive term limits in place
Does the City Council wish to modify the term
limits from consecutive to lifetime limits?
City of Milpitas
455 E. Calaveras Blvd., Milpitas, CA 95035
www.ci.milpitas.ca.gov 408-586-3000