REGULAR MEETING OF THE MILPITAS
CITY COUNCIL
April 05, 2022 Milpitas City Council Agenda Page 1
AG E N D A
TUESDAY, APRIL 5, 2022
CITY COUNCIL CHAMBERS, 455 E CALAVERAS BLVD, MILPITAS, CA 5:30 PM (CLOSED SESSION)
7:00 PM (PUBLIC BUSINESS)
For assistance in the following languages, you may call:
Đối với Việt Nam, gọi 408-586-3122
Para sa Tagalog, tumawag sa 408-586-3051
Para español, llame 408-586-3232
The City Council meeting is held in the City Council Chamber at City Hall, 455 E. Calaveras Blvd., Milpitas and via teleconference/Zoom webinar.
You may watch the Council meeting without providing public comment by accessing it via links here.
Meeting shall be livestreamed - Go to:
Facebook: https://www.facebook.com/CityofMilpitas/
YouTube: https://www.ci.milpitas.ca.gov/youtube
Web Streaming: https://www.ci.milpitas.ca.gov/webstreaming
PUBLIC COMMENT INSTRUCTIONS
Oral public comments may be provided live during the City Council meeting in person or by registering for the zoom meeting in advance. To register you will need to provide an email address (not disclosed) and a name. To minimize technical difficulties, please make sure that you have the latest version of the Zoom Application. Below is the link to register for this meeting only:
https://ci-milpitas-ca-gov.zoom.us/webinar/register/WN_FsmEOemASEa5vf3fEvXm8A After you register a link will be sent to you to join the City Council meeting in order to give your comments.
All registered meeting attendees who wish to speak must click on the “raise hand” icon when the Mayor calls for public comments. If participating by calling in on your phone, dial *9 to use the “raise hand” feature, and when you are called upon, hit *6 to unmute your phone. Your phone number will be displayed in the live meeting. The Mayor will call the speakers to begin.
All comments provided shall be limited to three minutes or less as determined by the Mayor. All members of the public will be limited to one comment per agenda item, and one comment for non-agenda items.
MILPITAS CITY COUNCIL CODE OF CONDUCT
Be respectful and courteous (words, tone, and body language). Model civility.
Avoid surprises.
Praise publicly and criticize privately.
Focus on the issue, not the person.
Refrain from using electronic devices while on the Council dais. Disclose conflicts of interest and affiliations related to agenda items. Separate governing from campaigning.
The Council speaks with one voice after making policy on issues. Respect the line between policy and administration.
Council will hold one another accountable to comply with this Code of Conduct.
1 April 05, 2022 Milpitas City Council Agenda Page 2
CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk (5:30 PM)
ADJOURN TO CLOSED SESSION
(a) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(2)
City as Defendant - See document attached
(b) CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency designated representative: Jeannine Seher, Human Resources Director Bargaining unit: IAFF
(c) PUBLIC EMPLOYEE APPOINTMENT/HIRING
Pursuant to California Government Code Section 54957
Position: City Attorney
(d) CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency Designated Representative: Jeannine Seher, Human Resources Director Unrepresented Employee: City Attorney
(e) PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to California Government Code Section 54957
Position: City Manager
CLOSED SESSION ANNOUNCEMENT: (7:00 PM)
Report on action taken in Closed Session, if required per Government Code Section 54957.1, including the vote or abstention of each member present.
PLEDGE OF ALLEGIANCE
INVOCATION (Councilmember Chua)
PRESENTATIONS (7:05 PM)
Vietnamese-American Heritage Month (Proclamation)
National Public Safety Telecommunications Week (Proclamation) Fair Housing Month (Proclamation)
PUBLIC FORUM (7:10 PM)
Those in the audience and via Zoom are invited to address City Council on any subject not on tonight’s agenda. In-person speakers wishing to address the Council are requested, but not required to complete a Speaker Card and submit it to the Mayor. In-person speakers will then be asked to come up to the podium and state their name for the record. Those interested in speaking via Zoom may do so by following the instructions on page one (1) of the agenda. Comments may be limited to three (3) minutes or less at the Mayor’s discretion. As an item not listed on the agenda, no response is required from City staff or the Council and no action can be taken. The City Council may instruct the City Manager to place the item on a future meeting agenda.
NOTE: If a member of the public wishes to share any presentation materials for Council consideration, they must be submitted to the Clerk’s Office by email to [email protected] by 12:00 p.m. on the day of the meeting. No presentations will be accepted in person in the Council Chambers.
ANNOUNCEMENTS AND FUTURE AGENDA ITEMS (7:15 PM)
Members of the City Council or City Manager may make brief announcements at this time. Members of the City Council may also suggest future agenda items at this time. For future agenda items, the City Council shall not debate the topic or engage 2 April 05, 2022 Milpitas City Council Agenda Page 3
in discussion but shall simply state a “yes” or “no” as to whether to direct the City Manager to place the item on a future meeting agenda. If a majority of the City Council agrees to place an item on a future meeting agenda, the City Manager shall place the item on a future agenda for City Council discussion.
ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS
READING OF THE CITY COUNCIL CODE OF CONDUCT
APPROVAL OF AGENDA
CONSENT CALENDAR (7:25 PM)
Consent calendar items are considered to be routine and will be considered for adoption by one motion. There will be no separate discussion of these items unless a City Councilmember, member of the audience or staff requests the Council to remove an item from (or be added to) the consent calendar. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar.
C1. Receive the City Council Calendar of Meetings for April 2022 (Staff Contact: Wendy Wood, City Clerk, 408-586-3001)
Recommendation: Receive the City Council Calendar of Meetings for April 2022.
C2. Approve the City Council Regular Meeting Minutes of March 15, 2022 (Staff Contact: Wendy Wood, City Clerk, 408-586-3001)
Recommendation: Approved the City Council Regular Meeting minutes of March 15, 2022.
C3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Wendy Wood, City Clerk, 408-586-3001)
Recommendation: Receive the list of anticipated agenda items for the next regular City Council meeting.
C4. Receive and Review the List of Agenda Items Requested by City Councilmembers (Contact:
Mayor and City Councilmembers, 408-586-3000)
Recommendation: Review the list of items that have been requested by City Councilmembers and provide direction to staff as necessary. No substantive discussion about any specific item shall occur and the City Council shall hold all debate about the item until it is scheduled as a full agenda item.
C5. Adopt a Resolution Granting an Easement to Pacific Gas and Electric Company and Authorizing the City Manager to Execute the Grant of Easement, and Any and All Necessary Documents, in a Form Approved by the City Attorney, For the Access, Construction, and Maintenance of PG&E Owned Electric Facilities Infrastructure to Serve the Fire Station No. 2 Property (Staff Contact:
Steve Erickson, Engineering Director/City Engineer, 408-586-3301) Recommendation: Adopt a resolution granting an easement to Pacific Gas and Electric Company and authorizing the City Manager to execute the Grant of Easement, and any and all necessary property related documents, in a form approved by the City Attorney, for the access, construction, and maintenance of PG&E owned electric facilities infrastructure to serve the Fire Station No. 2 property.
C6. Receive an Update on the Repair of Pump No. 3 at the Main Lift Sewer Pump Station and Determine that the Condition Continues to Constitute an Emergency (Staff Contact: Tony Ndah, Public Works Director, 408-586-2602)
Recommendation: (1) Receive an update on the emergency repair of pump no. 3 at the Main Lift Sewer Pump Station; and (2) Determine by a four-fifths vote that the condition continues to constitute an emergency.
3 April 05, 2022 Milpitas City Council Agenda Page 4
C7. Approve and Authorize the City Manager to Execute a Funding Agreement with the Santa Clara Valley Transportation Authority (VTA) for the 2016 Measure B Innovative Transit Service Models Program; Approve New Fiscal Year 2021-22 Capital Improvement Program Project No. 3493 Milpitas OnDemand; Approve a Budget Appropriation of $1,355,916.00 including Measure B Innovative Transit Service Models Program Funds ($1,084,732.00), developer contributions ($200,000.00), and General Government CIP Fund ($71,184.00) into Project No. 3493; and Adopt a Resolution to Approve and Authorize the City Manager to Execute a Subscription and Services Agreement with RideCo in a Not-to-Exceed Amount of $1,355,916.00 for Consultant Services Related to Milpitas OnDemand and Making Sole Source Findings and Findings that the Procurement is in the Best Interest of the City (Staff Contact: Ned Thomas, Planning Director, 408-586-3273 and Jay Lee, Principal Planner, 408-586-3077) Recommendation: (1) Approve and authorize the City Manager to execute a funding agreement with the Santa Clara Valley Transportation Authority (VTA) for the 2016 Measure B Innovative Transit Service Models Program; (2) Approve New Fiscal Year 2021-22 Capital Improvement Program Project No. 3493 Milpitas OnDemand; (3) Approve a budget appropriation of $1,355,916.00 including Measure B Innovative Transit Service Models Program Funds ($1,084,732.00), developer contributions ($200,000.00), and General Government CIP Fund ($71,184.00) into Project No. 3493; and (4) Adopt a resolution to approve and authorize the City Manager to execute a subscription and services agreement with RideCo in a not-to-exceed amount of $1,355,916.00 for consultant services related to Milpitas OnDemand and making sole source findings and findings that the procurement is in the best interest of the City.
C8. Adopt a Resolution Releasing Unclaimed Funds with a Value less than $15 amounting to $171.82 (Staff Contact: Lauren Lai, Finance Director/Risk Manager, 408-586-3111) Recommendation: Adopt a resolution releasing Unclaimed Funds with a value less than $15 Amounting to $171.82.
C9. Consider the Request Received by the City Clerk and Approve Fee Waiver of $1,500.00 for the Milpitas Community Educational Endowment & Samuel Ayer Alumni Association for an Event on September 30, 2022, and Approve a Fee Waiver of $420.00 for the Christian Worship Center for a Community Easter Egg Hunt on April 16, 2022. (Staff Contact: Wendy Wood, City Clerk, 408-586-3001)
Recommendation: Approve Fee Waiver of $1,500.00 for the Milpitas Community Educational Endowment & Samuel Ayer Alumni Association for an event on September 30, 2022, and approve a Fee Waiver of $420.00 for the Christian Worship Center Community Easter Egg Hunt on April 16, 2022.
C10. Accept Committee Member and Commissioner Resignations (Staff Contact: Wendy Wood, City Clerk, 408-586-3001)
Recommendation: Accept the resignation of Committee Member Dhanwant Dhaliwal from the Measure F Oversight Committee, accept the resignation of Sukhpreet Badesha from the Arts Commission, and direct the City Clerk to post the notices of the unscheduled vacancies.
C11. Adopt a Resolution Approving the Application for $224,543 Per Capita Grant Funds from the State Department of Parks and Recreation and Designating the City Manager as the Authorized Signer on the Grant Agreement with the State of California (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409) Recommendation: Adopt a resolution approving the submittal of an application for Per Capita Grant Funds from the State Department of Parks and Recreation and Designating the City Manager as the authorized signer on the grant agreement with the State of California. 4 April 05, 2022 Milpitas City Council Agenda Page 5
C12. Accept the Report for Key 2021 Approved State Laws Impacting Municipal Operations (Staff Contact: Walter C. Rossmann, Deputy City Manager, 408-586- 3012) Recommendation: Accept the report for Key 2021 approved State Laws impacting municipal operations.
C13. Consider the Recommendation from Mayor Tran for the Appointment to a City Commission (Contact: Mayor Tran, 408- 586-3029)
Recommendation: Receive Mayor Tran’s recommendation and approve the appointment to the Energy and Environmental Sustainability Commission for a non-voting student member.
PUBLIC HEARINGS (7:30 PM)
Members of the public may be allotted up to three (3) minutes or less at the Mayor’s discretion, to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of ten (10) minutes for opening statements and up to a total of five (5) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.
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 (Staff Contact: Sharon Goei, Building Safety and Housing Director, 408-586-3260) Recommendation: (1) Open the public hearing, hear testimony, then move to close the public hearing; and (2) Provide direction on the FY2022-25 Consolidated Plan goals and funding allocations for FY2022-23 Community Development Block Grant and corresponding Annual Action Plan.
COMMUNITY DEVELOPMENT (8:00 PM)
15. 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) 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.
COMMUNITY SERVICES AND SUSTAINABLE INFRASTRUCTURE (8:30 PM)
16. Review the Proposed Streets, Parks and Facilities Naming Policy and Provide Feedback to Staff (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409) 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.
17. 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)
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.
18. 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) Recommendation: Receive a presentation on the Draft Climate Action Plan Update and provide direction to staff.
5 April 05, 2022 Milpitas City Council Agenda Page 6
19. Receive Report on Community Odor Monitoring Pilot Program Results (Staff Contact: Tony Ndah, Public Works Director, 408-586-2602)
Recommendation: Receive a report on the Community Odor Monitoring Pilot Program Results and provide direction to staff.
LEADERSHIP AND SUPPORT SERVICES (10:30 PM)
20. 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)
Recommendation: Receive report regarding Mayor/Council term limits and provide direction to staff on future ballot measures, if any.
ADJOURNMENT (11:00 PM)
KNOW YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE
Government’s duty is to serve the public, reaching its decisions in full view of the public. Commissions and other City agencies exist to conduct the people’s business. This ordinance assures that deliberations are conducted before the people and City operations are open to the people’s review. For more informati on on your rights under the Open Government Ordinance or to report a violation, contact the City Attorney’s office at Milpitas City Hall, 455 E. Calaveras Blvd., Milpitas, CA 95035 e-mail:[email protected] / Phone: 408-586-3040
The Open Government Ordinance is codified in the Milpitas Municipal Code as Title I Chapter 310 and is available online at the City’s website www.ci.milpitas.ca.gov by selecting the Milpitas Municipal Code link.
Materials related to an item on this agenda submitted to the City Council after initial distribution of the agenda packet are available for public inspection at the City Clerk’s office at Milpitas City Hall, 3rd floor 455 E. Calaveras Blvd., Milpitas and on City website. City Council agendas and related materials can be viewed online: www.ci.milpitas.ca.gov/government/council/agenda_minutes.asp (select meeting date)
APPLY TO SERVE ON A CITY COMMISSION
Commission application forms are available online at www.ci.milpitas.ca.gov or at Milpitas City Hall.
Contact the City Clerk’s Office at 408-586-3001 for more information.
If you need assistance, per the Americans with Disabilities Act, for any City of Milpitas public meeting, please call the City Clerk at 408-586-3001 or send an e-mail to [email protected] prior to the meeting. You may request a larger font agenda.
6 7
Item # (a)
8 Item # (a)
9 Item # (a)
Updated 4/1/22
Milpitas City Council Calendar
April 2022
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 10:00 AM-Wastewater Facility
Site Visit (CM)
2 3 4
7:00 PM-Parks, Recreation &
Cultural Resources Commission
(CM)
5 5:30 PM-Closed Session
7:00 PM-City Council
6 2:00 PM-Santa Clara VTA
Monthly Briefing - Northeast
Group (CM)
5:30 PM-Veterans Commission
(RT)
7:00 PM-Community Advisory
Commission (EC)
7 4:30 PM-Milpitas Chamber of
Commerce Board (EC)
5:30 PM-Santa Clara VTA Board
of Directors (CM)
6:00 PM-Community Outreach:
Budget Meeting
8 3:00 PM-City Council
Transportation Subcommittee
(RT/CM)
9 10 11
4:30 PM-Economic Development
and Trade Commission (KD)
12 4:00 PM-Milpitas HOPE Suicide
Prevention Task Force
13 7:00 PM-Silicon Valley Clean
Energy Board of Directors (EC)
7:00 PM-Planning Commission
14 4:00 PM-Treatment Plant
Advisory Committee (CM)
4:00 PM-Santa Clara VTA Policy
Advisory Committee (AP)
7:00 PM-Youth Advisory
Commission (EC)
7:00 PM-Cities Assoc of SCC
(CM)
15 *4:30 PM-City Council Finance
Subcommittee (RT/CM)
16 17 18
7:00 PM-Science, Technology,
and Innovation Commission (RT)
19 ?:00 PM-Closed Session
7:00 PM-City Council
20 6:00 PM-Energy and
Environmental Sustainability
Commission (EC)
21 10:00 AM-Santa Clara VTA
Congestion Mgmt Prog Planning
Comm-CMPP (CM)
6:30 PM-BAWSCA Board of
Directors Mtg (CM)
22 4:00 PM-City/School
Collaborative Subcommittee –
City hosting (RT/CM)
23 24 25 26
1:30 PM-Senior Advisory
Commission (EC)
27 5:30 PM-Cities Assoc. of SCC -
Recycling and Waste Reduction
Commission (AP)
7:00 PM-Planning Commission
28 29 30
*Finance Subcommittee will only meet as needed
May 2022
S M T W T F S
1 2 3 4 5 6 7
8 9 10 11 12 13 14
15 16 17 18 19 20 21
22 23 24 25 26 27 28
29 30 31
March 2022
S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
10 Item # C1.
REGULAR MEETING OF THE MILPITAS
CITY COUNCIL
March 15, 2022 Milpitas City Council Agenda Page 1
AG E N D A
TUESDAY, MARCH 15, 2022
CITY COUNCIL CHAMBERS, 455 E CALAVERAS BLVD, MILPITAS, CA 6:00 PM (CLOSED SESSION)
7:00 PM (PUBLIC BUSINESS)
The City Council of the City of Milpitas convened on the regular City Council meeting day of March 15, 2022, in the City Council Chamber at City Hall, 455 E. Calaveras Blvd., Milpitas, and via teleconference/Zoom webinar.
CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk Mayor Tran called the regular City Council meeting to order at 6:00 PM. Roll Call was taken by City Clerk Wood.
PRESENT: Mayor Tran, Vice Mayor Montano, Councilmembers Chua, Dominguez, and Phan ABSENT: None
ADJOURN TO CLOSED SESSION
(a) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
City as Plaintiff
County Sanitation District 2-3, West Valley Sanitation District, Burbank Sanitary District, Cupertino
(b) CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation Pursuant to Government Code Section 54956.9(d)(2)
City as Defendant - see attached letter
(c) PUBLIC EMPLOYEE APPOINTMENT/HIRING
Pursuant to California Government Code Section 54957
Position: City Attorney
CLOSED SESSION ANNOUNCEMENT:
Report on action taken in Closed Session, if required per Government Code Section 54957.1, including the vote or abstention of each member present.
Council reconvened in open session at 8:09 PM.
City Attorney Diaz reported on item B. He stated the City Council gave direction to staff to come back with an open session item to consider an amendment to the Municipal Code to provide tools to deal with the homeless encampment clean-ups. The vote was as follows:
AYES: Councilmember Chua, Vice Mayor Montano, Mayor Tran NOES: Councilmembers Dominguez, Phan
11 Item # C2.
March 15, 2022 Milpitas City Council Agenda Page 2
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Tran.
INVOCATION
Councilmember Dominguez led the invocation and shared a video on cyberbullying.
PRESENTATIONS
Mayor Tran proclaimed March 19, 2022, as Chez the Ice Cream Man Appreciation Day and commented on an event for him on March 19 at Straw Hat Pizza from 12:00 PM to 2:00 PM.
PUBLIC FORUM
Those in the audience and via Zoom are invited to address City Council on any subject not on tonight’s agenda. In-person speakers wishing to address the Council are requested, but not required to complete a Speaker Card and submit it to the Mayor. In-person speakers will then be asked to come up to the podium and state their name for the record. Those interested in speaking via Zoom may do so by following the instructions on page one (1) of the agenda. Comments may be limited to three (3) minutes or less at the Mayor’s discretion. As an item not listed on the agenda, no response is required from City staff or the Council and no action can be taken. The City Council may instruct the City Manager to place the item on a future meeting agenda.
The following people spoke under Public Forum:
1. Voltaire Montemayor
2. Warren Wettenstein
3. Member of the Public
4. Stephen Balsbaugh
5. Michael Flores
ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
Members of the City Council or City Manager may make brief announcements at this time. Members of the City Council may also suggest future agenda items at this time. For future agenda items, the City Council shall not debate the topic or engage in discussion but shall simply state a “yes” or “no” as to whether to direct the City Manager to place the item on a future meeting agenda. If a majority of the City Council agrees to place an item on a future meeting agenda, the City Manager shall place the item on a future agenda for City Council discussion.
City Manager McHarris announced the City received the California of Societies of Municipal Finance Officers (CSMFO) Award and received the Government Finance Officers Associations (GFOA) Distinguished Budget Presentation Award. He also announced the ADU Incentive program and the Safe ADU legalization program will launch this week. There will be an ADU workshop on Wednesday, March 23, from 4:00 PM to 5:00 PM.
Mayor Tran announced the Milpitas Little League opening day ceremony is this Saturday at 9:00 AM and spoke about the Milpitas Softball league opening day. He made the following requests:
1. Include a visitor side bleacher strategy for the Milpitas Knights Pee-Wee football program in the budgeting process.
2. Discuss looking at another CSCDA opportunity with Eleanor property for middle-income housing for a future meeting.
Councilmember Dominguez made the following request:
1. Discuss a strategy to invest money into a neighborhood foot patrol and develop a program within the Milpitas Police Department to increase foot patrol in high crime areas to be placed on the next agenda.
Councilmember Chua announced the Youth Commission will be hosting a spelling bee competition on April 22, and next Friday, March 25, is Family Night at the Milpitas Sports Center. She made the following request:
12 Item # C2.
March 15, 2022 Milpitas City Council Agenda Page 3
1. Consider expanding the Fee Waiver Policy eligibility to non-profit organizations outside of Milpitas for events specific to Milpitas residents.
Vice Mayor Montano announced that she attended the Disney Descendants stage performance and the Milpitas PAL Softball opening day.
Councilmember Dominguez made the following request:
1. Consider funding to implement and create a homelessness encampment response team to be dispatched to encampment sites to address concerns, talked about creating a position to provide mental health assistance, and would like this to be brought back for discussion at the budget meeting.
ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS City Attorney Diaz asked the Mayor and City Councilmembers if they had any personal conflicts of interest. By roll call, there were no conflicts of interest. City Attorney Diaz asked the Mayor and City Councilmembers if they had any reportable campaign contributions. By roll call, there were no reportable campaign contributions.
READING OF THE CITY COUNCIL CODE OF CONDUCT
City Attorney Diaz read aloud the City Council Code of Conduct.
APPROVAL OF AGENDA
Mayor Tran asked to move items 21 and 22 after the public hearing.
Councilmember Chua asked to move item 24 after item 22.
Motion: to postpone item 24.
Motion/Second: Councilmember Dominguez / Councilmember Phan Motion failed by the following roll call vote:
AYES: Councilmembers Dominguez, Phan
NOES: Councilmember Chua, Vice Mayor Montano, Mayor Tran Motion: to approve the March 15, 2022, regular meeting agenda and move items 21, 22, and 24 after the public hearing item.
Motion carried by the following roll call vote:
AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
CONSENT CALENDAR
Consent calendar items are considered to be routine and will be considered for adoption by one motion. There will be no separate discussion of these items unless a City Councilmember, member of the audience or staff requests the Council to remove an item from (or be added to) the consent calendar. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar.
Motion: to approve the Consent Calendar with the modification to remove item C9 at the request of Stephen Balsbaugh during public comment.
13 Item # C2.
March 15, 2022 Milpitas City Council Agenda Page 4
Motion/Second: Mayor Tran / Councilmember Chua
Motion carried by the following roll call vote:
AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
C1. Receive the City Council Calendars of Meetings for March and April 2022 (Staff Contact: Wendy Wood, City Clerk, 408-586-3001)
Received the City Council Calendars of Meetings for March and April 2022.
C2. Approve the City Council Regular Meeting Minutes of March 1, 2022 (Staff Contact: Wendy Wood, City Clerk, 408-586-3001)
Approved the City Council Regular Meeting minutes of March 1, 2022.
C3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Wendy Wood, City Clerk, 408-586-3001)
Received the list of anticipated agenda items for the next regular City Council meeting.
C4. Receive and Review the List of Agenda Items Requested by City Councilmembers (Contact:
Mayor and City Councilmembers, 408-586-3000)
Reviewed the list of items that have been requested by the City Council.
C5. Adopt a Resolution Granting Acceptance of the Public Improvements for the Ellison Park Residential Project Public Improvement Plan No. 2-1220; Approve a Reduction in the Performance Bond to $79,900.00 Which Shall Remain in Effect for the Duration of the One-Year Warranty Period; and Grant Authorization to the City Engineer to Release the Performance Bond After the One-Year Warranty Period Without Further City Council Action Provided All Required Warranty Work is Completed to the Satisfaction of the City Engineer (Staff Contact: Steve Erickson, Engineering Director/City Engineer, 408-586-3301) Adopted Resolution No. 9129 granting acceptance of the public improvements for the Ellison Park Residential Project Public Improvement Plan No. 2-1220; approving a reduction in the performance bond to $79,900.00 which shall remain in effect for the duration of the one-year warranty period; and granting authorization to the City Engineer to release the performance bond after the one-year warranty period without further City Council action provided all required warranty work is completed to the satisfaction of the City Engineer.
C6. Adopt a Resolution Granting Acceptance of the Completed Public Improvements for the Lucente Residential Project, Public Improvement Plans No. 2-1212, and Approve a Reduction of the Faithful Performance Bond to $85,500.00 Which Shall Remain in Effect for the Duration of the Warranty Period, and Grant Authorization to the City Engineer to Release the Performance Bond After the One-Year Warranty Period Without Further City Council Action Provided All Required Warranty Work has Been Completed to the Satisfaction of the City Engineer (Staff Contact: Steve Erickson, Engineering Director/City Engineer, 408-586-3301) Adopted Resolution No. 9130 granting acceptance of the completed public improvements for the Lucente Residential Project, Public Improvement Plans No. 2-1212, and approving a reduction of the faithful performance bond to $85,500.00 which shall remain in effect for the duration of the warranty period, and granting authorization to the City Engineer to release the performance bond after the one- 14 Item # C2.
March 15, 2022 Milpitas City Council Agenda Page 5
year warranty period without further City Council action provided all required warranty work has been completed to the satisfaction of the City Engineer.
C7. Adopt a Resolution Approving and Authorizing the City Manager to Execute a Six-year Sole- Source Services Agreement with Symbium Corporation for the Unlimited Use of Proprietary Web-based Tools (Symbium PlanCheck and Build Business) as a Cloud-based Service for the Not-To-Exceed Amount of $210,000.00 and Approve appropriation of $90,000.00 from Permit Automation Fund 506 for this project (Staff Contact: Ned Thomas, Planning Director, 408-586- 3273)
Adopted Resolution No. 9131 approving and authorizing the City Manager to execute a six-year sole- source services agreement with Symbium Corporation for the unlimited use of proprietary web-based tools (Symbium Plancheck and Build Business) as a cloud-based service for the not-to-exceed amount of $210,000.00; and approving appropriation of $90,000.00 from Permit Automation Fund 506 to this project.
C8. Adopt Resolutions Approving and Authorizing the City Manager to Execute the 2021 Amended and Restated Water Supply Agreement Between the City and County of San Francisco Wholesale Customers in Alameda County, San Mateo County, and Santa Clara County and Approving a Minimum Purchase Transfer Agreement from the City of Mountain View to the City of East Palo Alto (Staff Contact: Tony Ndah, Public Works Director, 408-586-2602)
Adopted Resolution No. 9132 approving and authorizing the City Manager to execute the 2021 amended and restated Water Supply Agreement between the City and County of San Francisco Wholesale Customers in Alameda County, San Mateo County, and Santa Clara County; and adopted Resolution No. 9133 approving a Minimum Purchase Transfer Agreement from the City of Mountain View to the City of East Palo Alto.
C9. Approve the Pickleball Pilot Program at Gill Park and related Budget Action (Staff Contacts:
Renee Lorentzen, Recreation and Community Services Director, 408-586-3409, Tony Ndah, Public Work Director, 408-586-2602)
This item was pulled from consent at the request of Stephen Balsbaugh during public comment.
C10. Amend Resolution 7779 Delegating Authority to the Public Works Director to Take Emergency Action and Receive a Report on the Emergency Repair of Pump at the Main Lift Sewer Pump Station; and Determine By a Four-Fifths Vote There is a Need to Continue the Emergency Repair (Staff Contact: Tony Ndah, Public Works Director, 408-586-2602) Amended Resolution 7779 and adopted Resolution No. 9134 delegating authority to the Public Works Director to take emergency action and award emergency contracts without giving notice soliciting competitive bids; received a report from the Public Works Director on the emergency repair of the pump at the Main Lift Sewer Pump Station; and determined by a four-fifths vote that there is a need to continue the emergency action.
C11. Receive Monthly Report for Unhoused Services (Staff Contact: Sharon Goei, Building Safety and Housing Director, 408-586-3260)
Received the January 2022 report for unhoused services.
C12. Receive the 2021 Housing Element Annual Progress Report and Housing Successor Agency Annual Report and Authorize the Submittal of Both Reports to the California Department of Housing and Community Development (HCD) and Governor’s Office of Planning and Research 15 Item # C2.
March 15, 2022 Milpitas City Council Agenda Page 6
(OPR) (Staff Contact: Sharon Goei, Building Safety and Housing Director, 408-586-3260 and Robert Musallam, Housing and Neighborhood Services Administrator, 408-586-3275) Received the 2021 Housing Element Annual Progress Report and Housing Successor Agency Annual Report and authorized the submittal of both reports to the California Department of Housing and Community Development (HCD) and Governor’s Office of Planning and Research (OPR).
C13. Report on Bids and Award Construction Contract to Mercoza in the Amount of $327,680.00 for Citywide Sidewalk Repairs (Staff Contacts: Tony Ndah, Public Works Director, 408-586-2602 and Chris Schroeder, Purchasing Agent, 408-586-3161)
Received a report on bids and awarded a construction contract to the lowest responsible bidder submitting a responsive bid, Mercoza, in the amount of $327,680.00 for the Citywide Sidewalk Repair Project; and authorized the City Manager to negotiate and execute contract change order(s) in an aggregate amount not to exceed $35,000.00 for the Citywide Sidewalk Repairs Project.
C14. Consider the Request Received by the City Clerk and Approve a Fee Waiver of $1,500.00 for the Milpitas Kiwanis Club Foundation Crab Feed on April 8, 2022, at the Milpitas Community Center and a Fee Waiver of $1,300.00 for the Milpitas Chamber of Commerce for an ADU Community Educational Event on April 30, 2022, at the Milpitas Community Center (Staff Contact: Wendy Wood, City Clerk, 408-586-3001)
Approved a Fee Waiver of $1,500.00 for the Milpitas Kiwanis Club Foundation Crab Feed on April 8, 2022, at the Milpitas Community Center and approved a Fee Waiver of $1,300.00 for the Milpitas Chamber of Commerce for an ADU Community Educational Event on April 30, 2022, at the Milpitas Community Center.
C15. Accept Commissioner Resignation (Staff Contact: Wendy Wood, City Clerk, 408-586-3001) Accepted the resignation of Commissioner Crystal Caidoy from the Parks, Recreation, and Cultural Resources Commission and directed the City Clerk to post the notice of the unscheduled vacancy.
C16. Consider the Recommendations from Mayor Tran for Appointments to City Commissions (Contact: Mayor Tran, 408- 586-3029)
Considered the recommendations from Mayor Tran and approved the appointments to City Commissions as follows:
Library and Education Advisory Commission
1. Appoint Barbara Martens to serve as a Commissioner with a short-term to expire June 2024.
2. Appoint Ann Anderson to serve as Alternate No.1 with a short-term to expire June 2024.
Senior Advisory Commission
1. Reappoint Barbara Ebright to serve as a commissioner with a short-term to expire December 2023.
C17. Authorize and Approve Travel to Yosemite, CA for Councilmember Anthony Phan to Attend the 30th Annual Yosemite Policymakers Conference to be Held on March 17 – 20, 2022, for a Total Estimated Amount of $1,200.00 (Staff Contact: Ashwini Kantak, Assistant City Manager, 408- 586-3053)
16 Item # C2.
March 15, 2022 Milpitas City Council Agenda Page 7
Authorized and approved travel to Yosemite, CA for Councilmember Anthony Phan to attend the 30th Annual Yosemite Policymakers Conference to be held on March 17 – 20, 2022, for a total estimated amount of $1,200.00.
PUBLIC HEARINGS
Members of the public may be allotted up to three (3) minutes or less at the Mayor’s discretion, to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of ten (10) minutes for opening statements and up to a total of five (5) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.
18. 2022 Weed Abatement Public Hearing and Adopt a Resolution to Abate the Weeds (Staff Contact: Albert Zamora, Deputy Fire Chief / Fire Marshal, 408-586-3371) Deputy Fire Chief / Fire Marshal Zamora presented the staff report and introduced Moe Kumre from the Santa Clara County Agriculture office.
Mayor Tran opened the public hearing.
The following people spoke:
1. Voltaire Montemayor
2. Joey Dela Cruz
Mayor Tran closed the public hearing.
Motion: to adopt Resolution No. 9135 directing the County of Santa Clara Consumer and Environmental Protection Agency- Weed Abatement Program to abate the nuisance, keep an account of the cost, and embody such account in a report and assessment list to the City Council in accordance with the Milpitas Municipal Code.
Motion/Second: Mayor Tran / Councilmember Dominguez
Motion carried by the following roll call vote:
AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
COMMUNITY DEVELOPMENT
19. 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) This item was not heard.
COMMUNITY SERVICES AND SUSTAINABLE INFRASTRUCTURE
20. Review the Proposed Streets, Parks, and Facilities Naming Policy and Provide Feedback to Staff (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409) This item was not heard.
LEADERSHIP AND SUPPORT SERVICES
17 Item # C2.
March 15, 2022 Milpitas City Council Agenda Page 8
*21. Receive a Report on 2022 Citywide Community Engagement Survey (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3053 and Charmaine Angelo, Public Information Officer, 408-586-3055)
* This item was taken out of order after item 18.
Assistant City Manager Kantak introduced the item and Public Information Officer Angelo presented the report. The consultant from FM3 Curt Below presented the survey results.
The following spoke during Public Comment:
1. Voltaire Montemayor
2. Allysson McDonald
The City Council received a report on the results of the 2022 Citywide Community Engagement Survey.
22. Provide Direction on American Rescue Plan Act (ARPA) Funding for Council Priority Items and Modifications to the ARPA Investment Plan and Provide Input on Proposed Process for Future Changes to the ARPA Investment Plan (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3053 and Lauren Lai, Director of Finance, 408-586-3111) Assistant City Manager Kantak introduced the item and Finance Director Lai presented the staff report.
Economic Director Andrade provided additional information for the Chamber of Commerce funding and the Business Improvement District (BID) funding.
Building Safety and Housing Director Goei and Santa Clara County Director of the Office of Supportive Housing Consuelo Hernandez provided additional information on the funding for unhoused services.
Council provided feed back on staff’s recommended funding modifications and provided additional direction to reallocate $300,000 from the ADU program and $75,000 from Community Events and allocate $200,000 to fund a catalytic converter program with the remaining $175,000 allocated to fund childcare services.
After discussion, motion: to approve the item with the amendment to defund through ARPA the F erris Wheel and the roller skate event and delete $300,000 from the ADU line item for a combined total of $375,000 and allocate $175,000 to fund childcare service s and $200,000 for the catalytic converter program.
Motion/Second: Mayor Tran / Councilmember Dominguez
Motion carried by the following roll call vote:
AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
Finance Director Lai summarized for the record the motion includes defunding ADU funding by $300,000 and defunding Community Events by $75,000, Etching Catalytic Converter Program will be added at $200,000, Childcare Support Services will be added at $175,000, Rent and Mortgage Assistance funding will be reduced by $100,000 to fund the Unhoused Services Contract with the County at $100,000, Main Street Revitalization funding will be reduced by $135,000 and money will be reallocated for the Business Improvement District (BID) study at $75,000 and the Sustainable Neighbor Program at $60,000. In addition Council is also approving staff’s recommendation for an annual process for the ARPA Investment Plan.
18 Item # C2.
March 15, 2022 Milpitas City Council Agenda Page 9
Mayor Tran confirmed Finance Director Lai’s summary.
The following spoke during Public Comment:
1. Voltaire Montemayor
2. Loreto Quevedo Dimaandal
3. Allysson McDonald
Councilmember Chua commented on Small Business Grant applications for businesses that previously received grants.
23. 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)
This item was not heard.
REPORTS OF MAYOR & COUNCILMEMBERS
24. Per Councilmember Chua, Discuss the City’s Lobbyist Ordinance (Contact: Councilmember Chua, 408-586-3023)
* This item was taken out of order after item 22.
Councilmember Chua commented on Lobbyist Ordinances for other cities and would like to look at strengthening the City of Milpitas’s Ordinance.
City Attorney Diaz provided a brief explanation of the differences between the other cities’ ordinances and the City of Milpitas’s ordinance.
The following spoke during Public Comment:
1. Voltaire Montemayor
Councilmember Chua requested the City Attorney make a recommendation or presentation on how to make the Lobbyist Ordinance robust and up to date at the next available meeting.
Councilmember Dominguez asked to include real estate agent transactions.
Vice Mayor Montano asked to include City staff and Councilmembers.
After discussion, motion: to have the City Attorney make a recommendation or presentation on how to make the Lobbyist Ordinance robust and up to date and look at including real estate agent transactions, city staff, and Councilmembers and bring this item back in a month.
Motion/Second: Mayor Tran / Councilmember Chua
Motion carried by the following roll call vote:
AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
ITEM PULLED FROM CONSENT
19 Item # C2.
March 15, 2022 Milpitas City Council Agenda Page 10
C9. Approve the Pickleball Pilot Program at Gill Park and related Budget Action (Staff Contacts:
Renee Lorentzen, Recreation and Community Services Director, 408-586-3409, Tony Ndah, Public Work Director, 408-586-2602)
Mayor Tran commented on the pickleball activity at Brown Park and stated it is not encouraged to continue due to the proximity of the residence adjacent to the courts. He stated he would like to move the pickleball activity from Brown Park over to Hall Park and would like the pilot program to include some striping at Hall Park.
The following spoke during Public Comment:
1. Stephen Balsbaugh
2. Allen Thomas
2. Voltaire Montemayor
Deputy City Manager Rossman commented on engaging the pickleball community and the existing users who may be tennis players when changing the use of the courts. He requested that the City Council provide direction to staff to work with both communities and others at Hall Park parallel to the construction at Gill Park.
After discussion, motion: to approve the Pickleball Pilot Program at Gill Park Handball Courts and appropriate $75,000 from the General Government CIP Fund to the Minor Sports Courts Rehabilitation Project.
Motion/Second: Mayor Tran / Councilmember Chua
Motion carried by the following roll call vote:
AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
ADJOURNMENT
Mayor Tran and Councilmember Phan adjourned the meeting at 11:35 in memory of Milpitas resident DeJon Packer and Terry Sandoval.
Draft meeting minutes submitted by City Clerk, Wendy Wood
20 Item # C2.
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MILPITAS CITY COUNCIL
AGENDA PREVIEW LIST
April 19, 2022
CLOSED SESSION
INVOCATION (assigned to Councilmember Chua)
PRESENTATION
Earth Day (Proclamation)
Arbor Day (Proclamation)
CONSENT CALENDAR
1. Receive City Council calendar for April and May 2022 (City Clerk) ,
2. Approve City Council Regular Meeting minutes of April 5, 2022 (City Clerk)
3. Preview list of items for May 3, 2022 (City Clerk)
4. Approve and Authorize the City Manager to Execute a Stormwater Management Facilities Operation & Maintenance Agreement for BP Products North America Inc. (BP Arco Gas Station) (Steve Erickson)
5. Approve and Authorize the City Manager to Execute a Stormwater Management Facilities Operation & Maintenance Agreement for Robinson Oil Corporation (Rotten Robbie Gas Station) (Steve Erickson)
6. Approve Change to City Facility Use Manual for City Park Open Hours (Renee Lorentzen)
7. Approve Park and Recreation Donation Application for a Memorial Bench in Honor of Dale Flunoy (Renee Lorentzen)
8. Approve an Update to the Commission Bylaw Addendum for the Arts Commission, Bylaw Changes for the Parks, Recreation and Cultural Resources Commission, and associated Commissioner Handbook updates (Renee Lorentzen)
PUBLIC HEARING
9. Adopt a Resolution Approving the Fiscal Year 2022-21 Master Fee Schedule (Lauren Lai)
10. AB 481 Military Equipment Use Policy (Jared Hernandez)
COMMUNITY DEVELOPMENT
11. Receive a presentation on the Draft Milpitas Metro Specific Plan (Update of 2008 Transit Area Specific Plan) and Subsequent Environmental Impact Report (SEIR), receive public comment, and provide direction to staff regarding the draft documents and timeline to adoption. (Ned Thomas)
12. Innovation District – Economic and Planning Systems Phase II Study (Alex Andrade)
13. Receive report based on Council feedback on Homelessness Task Force program areas and provide direction (Sharon Goei)
COMMUNITY SERVICES
21 Item # C3.
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PUBLIC SAFETY
LEADERSHIP
14. Quarterly Councilmember Request List (Ashwini Kantak)
REPORTS
22 Item # C3.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
NOTE:
Deferred and
completed
items are not
listed
2022 OPEN
Request No. Topic Submitted by:
A, F, CM, or
CCM
Date
requested or
Rec'd Form
STATUS and/or DATE scheduled
on City Council meeting agenda:
1 Consider funding to implement and create a
homelessness encampment response team to be
dispatched to encampment sites to address
concerns, talked about creating a position to
provide mental health assistance, and would like
this to be brought back for discussion at the budget
meeting Dominguez A 3/15/2022
Will be brought forward as part of the
FY 22-23 budget discussion
2 Consider expanding the Fee Waiver Policy eligibility
to non-profit organizations outside of Milpitas but
the events are specific to Milpitas residents Chua A 3/15/2022 Scheduled for Spring Quarterly City
Council Workplan Items Prioritization
Discussion
3 Discuss a strategy to invest money into a
neighborhood foot patrol and develop a program
within the Milpitas Police Department to increase
foot patrol in high crime areas Dominguez A 3/15/2022
Scheduled for Spring Quarterly City
Council Workplan Items Prioritization
Discussion
4 Discuss looking at another CSCDA opportunity with
Elanor property for middle-income housing. Tran A 3/15/2022 Scheduled for Spring Quarterly City
Council Workplan Items Prioritization
Discussion
5 Include a visitor side bleacher strategy for the
Milpitas Knights Pee-Wee football program in the
budgeting process Tran A 3/15/2022
Scheduled for discussion for the April
5, 2022 City Council meeting
6 Create a plan for future solar paneling at City
facilities Montano A 3/1/2022
Scheduled for Spring Quarterly City
Council Workplan Items Prioritization
Discussion
23 Item # C4.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
7 Add a mobile stage to the Juneteenth event Tran A 3/1/2022 8 Requested the City Attorney’s office explore
encampment ordinances form the City of Oakland,
Los Angeles, or other regional cities and would like
a discussion on the existing policies to be brought
back before the July recess. Tran A 2/15/2022
Scheduled for Spring Quarterly City
Council Workplan Items Prioritization
Discussion
9 Requested information on how early in the morning
trash collection can start and check if the time can
be pushed out so that it does not disrupt the nearby Dominguez A 2/8/2022 Staff will contact MSI to review the
contract
10 Requested a program to help support the safety of
the shopping center, creating a partnership with the
businesses, and allocating at least $70,000 to
support security Dominguez A 2/1/2022
Post the pandemic lock-downs,
during the last six to nine months, the
Police Department has primarily
focused on crime prevention
community engagement events for
residential areas and has been in
process to expand such events to our
business community with crime
prevention information and events
anticipated to be scheduled for late
February/early March. The funding
allocation will be scheduled for the
Spring Quarterly City Council
Workplan Items Prioritization
Discussion.
11 Look into putting the City Hall address on the
building facade Montano A 2/1/2022
Staff will meet with Vice-Mayor
Montano to seek clarification
regarding this request
12 Designate the California Oak Tree as the City’s
official heritage tree Montano A 2/1/2022
Scheduled for Spring Quarterly City
Council Workplan Items Prioritization
Discussion
13 Evaluate reopening the childcare center with a non-
profit organization running the center Montano A 2/1/2022 Scheduled for Spring Quarterly City
Council Workplan Items Prioritization
Discussion
14 Look into possible rebates for Commercial
businesses similar to Valley Water District’s
conservation rebate program for residents Montano A 2/1/2022 Staff responded via email on March
15, 2022
24 Item # C4.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
15 Requested a meeting for the subcommittee for the
Old Town Main Street be scheduled next month Montano A 1/18/2022 16 Requested that Police Department work with
Safeway shopping center businesses, minority
owned small businesses, and the Chambers of
Commerce to provide a business watch
presentation Dominguez A 1/18/2021
Scheduled for Spring Quarterly City
Council Workplan Items Prioritization
Discussion
17 Explore a lease for the vacant land adjacent to the
Library for City use Tran A 1/18/2022
Scheduled for Spring Quarterly City
Council Workplan Items Prioritization
Discussion
18 Requested staff to look into an ordinance for the
number of people allowed in a house. Montano A 12/7/2021 Scheduled for Spring Quarterly City
Council Workplan Items Prioritization
Discussion
19 Requested staff check to see if the City has an
ordinance for house numbers Chua A 12/7/2021
Scheduled for Spring Quarterly City
Council Workplan Items Prioritization
Discussion
20 Request for the City to make the temporary third-
party food deliver fee caps permanent and add
additional provisions for enforcement Phan A 11/16/2021 Scheduled for Spring Quarterly City
Council Workplan Items Prioritization
Discussion
21 Staff to look into mural Art on Great Mall Parkway
on the VTA owned Light rail pillars Montano A 11/16/2021 Scheduled for Spring Quarterly City
Council Workplan Items Prioritization
Discussion
22 Look at creating an ordinance for a blanket
business permit that would grandfather and waive
all fees for any business started separate from their
original business if they are creating anything that is helping save lives during the pandemic. Dominguez A 11/2/2021 Scheduled for Spring Quarterly City
Council Workplan Items Prioritization
Discussion
23 Staff to look into County reimbursements to the City for the extra services provided to HomeKey. Chua A 11/2/2021 Staff will provide an udpate as part of
the Spring Quarterly City Council
Workplan Items Prioritization
Discussion
25 Item # C4.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
24 Host a Town Hall at City Hall in January, February,
and March for the community to share comments
about the issue of the unhoused. Tran A 11/2/2021
This item was postponed by Mayor
Tran due to the Omicron variant and
a rise in COVID-19 cases
ACTIVE
Topic Submitted by:
A, F, CM, or
CCM
Date
requested or
Rec'd Form
STATUS and/or DATE scheduled
on City Council meeting agenda:
25 Requested a discussion be agendized in the next
three meetings to implement a faith-based circle
group for Milpitas that will meet quarterly Dominguez A 3/1/2022 Staff responded via email to the City
Council on March 15, 2022.
26 Fee waiver for the Filipino American South Bay
Community to hold pop-up resource fair at a City
Park Dominguez A 3/1/2022
Staff has engaged with
representatives of the organization to
identify potential eligibility avenues
such as partnering with a Milpitas
based non-profit organization
consistent with the Policy.
27 Fee waiver for the Kiwanis Annual Crab Feed Tran A 3/1/2022 Council approved the fee waiver on
March 15, 2022
28 Agendize an update to the Lobbyist Ordinance for
the next meeting Chua A 3/1/2022
Discussion scheduled for 3/15 City
Council Agenda; City Attorney will
bring back this item late April
26 Item # C4.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
29 Proclaim Saturday, March 19, 2022, as Chez the
Ice Cream Man Appreciation Day Tran A 3/1/2022
Scheduled for 3/15 City Council
Agenda; 3/19/2022 Proclamtion
presented
30 Fee waiver for the Christian Worship Center’s
Easter egg hunt Tran A 3/1/2022
Scheduled for Council Consideration
on the 4-05-2022 meeting
31 Fee waiver for the Filipino American Real Estate
Professional Association to hold an ADU workshop
at the Community Center Chua A 3/1/2022
Council approved the fee waiver on
March 15, 2022
32 A reform of the City’s Speed hump policy Tran A 3/1/2022 The review of the Speed Hump Policy
is an ongoing Council referral. Staff
will agendize the item for the April 8,
2022 Transportation Subcommittee
meeting
33 Reduce the park rental fees for the Samuel Ayer
High School reunion Montano; Tran A
2/1/2022; ;
3/01/2022
Scheduled for Council Consideration
on the 4-05-2022 meeting
34 Requested an appropriation in an amount not to
exceed $250,000 to procure a contract to address
the streetlights that are pending fieldwork. Tran A 2/1/2022 At this time, staff has sufficient
Council approved resources to
address the remaining streetlight
outages; however, will bring relevant
actions for Council consideration, if
needed.
35 Requested that staff study the placement of a City
sign for the Milpitas Police Department and explore
the cost of a new sign Dominguez A 1/18/2021
Staff has been working on upgrading
signage and landscaping around the
Police Department and Public Works
Building.
36 Requested staff to look at creating a pilot project to accommodate pickleball at Peter Gill Park and
would like a feasibility study with a goal of making
these courts multi-purpose; Requesting discussion
on pickleball courts Chua A
11/16/2021;
1/18/2022
Council approved a pilot program on
March 15, 2022
37 Have a picture of Albert Bogel Sr. put up in the
Senior Center Montano A 10/19/2021
Approved to move forward at the
1/11/2022 Council meeting
38 Requested that the City provide the Commissioners
with an appreciation gifts Chua A 10/19/2021
Approved to move forward at the
1/11/2022 Council meeting; staff has
order the gift and
27 Item # C4.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
39 Requested an agenda item on November 2 Council
meeting allowing the Council to rescind direction
given to 1355 California Circle and include direction
to allow the project application to move forward
without being tied to a specific plan Chua A 10/19/2021 At the 1/18/2022 council meeting,
Council voted 4-1 to rescind the
direction and direct staff and the
application to explore option one in
the presentation to amend the
General Plan and remove Council
policy for the preparation of a Specific
Plan
40 Requested the executive staff to look into reflective road markers as an effective way to reduce cars
doing donuts in the street Chua A 10/19/2021
At the 11/12/21 Transportation
Subcommittee, the Subcommittee
directed to bring back this request to
Council as part of the 2022-23 budget
process. Staff provided that
information at the CIP Study Session
on 2/8/2022.
41 Requested staff look into increasing the number of
Park and Recreation Commissioners from seven to
nine. Montano A 10/5/2021
Approved to move forward at the
1/11/2022 Council meeting; update to
commision by-laws and
Commissionerr handbook scheduled
for approval at the 4/05/2022 meeting
42 Requested staff work with the Vice Mayor and
Mayor to explore and discuss building height limits
near the hillside by January 2022 Tran A 9/21/2021
Approved to move forward at the
1/11/2022 Council meeting;l
scheduled for 6/21/2022
43 Requested the City extend the outdoor dining
options through March of next year Phan A 9/21/2021
Planning Director to provide
information on current outdoor dining
extension
44 Work with the school district to have a contest to
create art murals for the pillars on Main Street Montano A 9/7/2021 Approved to move forward at the
1/11/2022 Council meeting
45 Partner with the Rotary Club of Silicon Andhra to
promote the stem cell donor outreach with a
webinar and campaign to help increase the number
of donors Chua A 8/17/2021
Staff will include the stem cell donor
information in regularly scheduled
wellness event
46 Include a bust of Maria Lemire on the Mural in front of the Senior Center Montano A 8/17/2021
Approved to move forward at the
1/11/2022 Council meeting
47 Create an “Incentive Corner,” which will be a sub-
page with links to different freebies, grants, and
incentives from the City and the regions, including
the Water District and Silicon Valley Clean Energy Chua A 8/17/2021 Staff implemented this item in March
2022 as communicated via email on
March 29, 2022.
28 Item # C4.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
48 City to highlight mental health resources on the
website Dominguez A 8/17/2021 Staff will issue an Email 49 Requested staff look into donating old, obsolete,
noncompliance items from the Fire Department to
Sister City Dagupan Chua A 8/9/2021
Approved to move forward at the
1/11/2022 Council meeting; approved
at the 3/1/2022 meeting
50 Look into allowing outdoor music and would like the
ordinance brought back to Council. Montano A 8/5/2021
Approved to move forward at the
1/11/2022 Council meeting;
scheduled for 6/21/2022
51 Look into opening up the Senior Center on
Saturdays for half a day Chua A 8/5/2021
Approved to move forward at the
1/11/2022 Council meeting
52 Look into bringing back a roller rink Montano A 8/5/2021 Approved to move forward at the
1/11/2022 Council meeting
53 Look into how the City can be a resource for small
businesses to help guide them on what to do in
terms of ADA (Americans with Disabilities Act)
requirements due to the quick changes made to
facilities during the pandemic Chua A 8/5/2021
SVEDA/SV Joint Venture hosted the
“SV Small Businesses & ADA
Compliance” webinar on 11/3/21.
Several Milpitas business reps, &
staff from Econ. Dev. & Building
participated. Staff met with reps from
CA Comm. on Disability Access to
discuss business education &
outreach.
54 Discussion in the next fiscal year, to have a sliding scale permitting program for seniors and low-
income residence for necessary safety renovations Tran A 5/4/2021 8/09/2021 Council voted 5-0 to move
this item forward and modify the
existing Milpitas Assistance program
to include seniors; Staff will bring this
item for funding consideration as part
of the FY 2022-23 budget process
55 Discussion to reduce the City’s Senior Center
facilities deposit Montano A 5/4/2021
8/09/2021 Council voted 5-0 to refer
this item as part of the development
of the FY 2022-23 Master Fee
Schedule
29 Item # C4.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
56 Requested that the City have mini-libraries in the
low-income areas of the City. Montano A 4/20/2021
8/09/2021 Council voted 3-1-1 to
move this item forward, staff to follow
up with Vice Mayor Montano on
specific vision. Staff met with the Vice
Mayor. The City will continue to
facilitate libraries as needed but will
not take a lead role in funding or
operating them.
57 Staff to create a plan on how to increase the
number of local businesses doing business with the
City Chua A 4/6/2021
At 8/9/2021 Council meeting, Council
voted that this item may have to come
back for additional discussion
because there may be some legal
considerations.
58 Staff to look into creating a rose garden with a
children’s memorial site Montano A 4/6/2021
8/09/2021 Council voted 4-1 to
discuss details with Vice Mayor
Montano and refer this item as part of
the development of the 2023-2027
CIP
59 Staff to look into creating “Welcome to Milpitas”
signs in key areas of in the City Montano A 4/6/2021
8/09/2021 Council voted 5-0 to move
this item forward and Council
provided direction that the signs
should align with the efforts currently
underway with the Metro Plan and
Main Street Gateway Specific Plan
process and work with private
development. Staff was directed to
work with Vice Mayor on additional
clarification. In November, Vice Mayor
60 Staff to provide information to place a measure on
the ballot to change the directly elected Mayor to a
rotational at-large position Tran CCM 3/16/2021
To be brought forward in Spring of
2022, once new City Attorney is in
place; scheduled for 3/15/2022;
rescheduled for 4/05/2022
61 Staff to provide information on a landmark policy for the City of Milpitas Tran A 3/16/2021
8/09/2021 Council voted 5-0 to move
this item forward; this item will be
included for funding consideration in
the development of the FY 2023-27
CIP for assessment of historical and
cultural resources and development
of landmark policy
30 Item # C4.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
62 Amendment to the existing ordinance for third-party
food delivery vendor services to prohibit regulatory
response fees Phan A 2/16/2021
Agendized for discussion on
3/16/2021, deferred to 4/06/2021; CC
direction for City Attorney to prepare a
report; At the 11/12/2021
Transportation Subcommittee, the
Subcommittee directed to bring back
this request to Council as part of the
FY 2022-23 budget process.
63 Ordinance to ban vaping in the City Montano A 12/15/2020 Ordinance regarding a ban on use in
certain areas adopted by Council on
6/15/2021. Policy related to access to
products will be brought forward in
Spring 2022
64 Review City policy on speed bumps Tran A 12/15/2020
Presented to Transportation
Subcommittee on 02/12/2021;voted
on 3/16/2021 to revisit this item;
Scheduled for April 8, 2022
Transportation Subcommittee
Meeting
65 Consider change in term limits for Mayor +
Councilmembers Montano A 6/16/2020
8/4/2020: Voted 3 -2 to pursue;
2/02/2021 to agendize for a future
meeting; 3/16/2021 voted 3-1-1 to
move forward. Scheduled for
3/15/2022; rescheduled for 4/05/2022
31 Item # C4.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Granting an Easement to Pacific Gas and Electric Company and Authorizing the City Manager to Execute the Grant of Easement, and Any and All Necessary Documents, in a Form Approved by the City Attorney, For the Access, Construction, and Maintenance of PG&E Owned Electric Facilities Infrastructure to Serve the Fire Station No. 2 Property (Staff Contact: Steve Erickson, Engineering Director/City Engineer, 408-586-3301) Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 4/5/2022
Recommendation: Adopt a resolution granting an easement to Pacific Gas and Electric Company and authorizing the City Manager to execute the Grant of Easement, and any and all necessary property related documents, in a form approved by the City Attorney, for the access, construction, and maintenance of PG&E owned electric facilities infrastructure to serve the Fire Station No. 2 property.
Background:
The Project to replace Fire Station No. 2, (Project No. 3447), located at 1263 Yosemite Drive is currently under construction with an expected completion date later this summer. The installation of new utilities, including Pacific Gas and Electric (PG&E) services for the new station is part of the Project. PG&E completed the required design for the new services, and installation of the new services will be completed in May 2022.
PG&E will be the owner of the new service laterals located on the City’s Fire Station parcel, and PG&E has requested the City execute a Grant Deed granting PG&E rights for their service laterals to be located on City owned property and for the right of access to maintain.
Analysis:
The Fire Station No. 2 Project is approaching the end of construction, and installation of the new PG&E services laterals will be completed and ready for use in May. Electric power is required for the City’s contractor to continue with its contracted work, and for the City Building and Fire Departments to provide final inspections of installed life safety infrastructure. The proposed Grant Deed for easement dedication to PG&E is a standard practice when PG&E owned service laterals are on property not owned by PG&E. The easement allows PG&E to access and maintain these service laterals in perpetuity.
Staff is finalizing the plat and legal description for the Grant Deed document. The attached exhibit (Attachment 2) shows the location and dimensions of the proposed easement to be granted to PG&E. The easement area is approximately 1,200 square feet, extending from the fire station driveway on South Park Victoria Drive to the onsite electrical transformer within the station parking lot. Staff recommends the City Council adopt a resolution (Attachment 1) approving the granting of an easement to PG&E and to authorize the City Manager to execute the Grant Deed and related property documents subject to approval by the City Attorney.
Policy Alternative:
Alternative: Do not adopt resolution and not authorizing the City Manager to execute the easement agreement.
Pros: None.
Cons: The Project is on schedule to be completed this summer and electric service is required. Not adopting the resolution to authorize the City Manager to execute the easement Grant Deed, will prevent PG&E from 32 Item # C5.
providing electric power to the building, which will delay completion of the Project and result in delay damages from the contractor.
Reason not Recommended: It is recommended the City Council approve the granting of an easement to PG&E to allow PG&E to provide electric service to new Fire Station No. 2.
Fiscal Impact:
There is no fiscal impact associated with the recommended action. The Fire Station No. 2 replacement project, Project No. 3447 remains on schedule and within budget.
California Environmental Quality Act:
The Project is exempt under Section 15301 (Existing Facilities) of CEQA guidelines.
Recommendations:
Adopt a Resolution Granting an Easement to Pacific Gas and Electric Company and Authorizing the City Manager to Execute the Grant of Easement, and any and all Necessary Property Related Documents, in a form approved by the City Attorney, for the access, construction, and maintenance of PG&E owned electric facilities infrastructure to serve the Fire Station No. 2 property Attachments:
1. Resolution
2. PG&E Easement Exhibit
33 Item # C5.
COM
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PG&E
UT
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VAN
EV CHARGING
ONLY
NO PARKING
CLEAR
KEEP
CLEAR
KEEP
CLEAR KEEP CLEAR KEEP
CLEAR KEEPCLEAR KEEP
CLEARKEEP
CLEARKEEP
SLS
NO PARKING
NOPARKING
R50'
R30'
20'
29'
31'
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18'
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9' TYP.
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M
1 Drawing No.
Drawing Title
Sheet No. of
2345678910111213141516
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E
D
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B
A
M
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Consultant
Architect of Record
DESIGNER:
PUBLIC WORKS INSPECTOR:
UTILITY/ FACILITY DEPT. HEAD:
PROJECT ENGINEER:
PUBLIC IMPROVEMENTS
INITIALLY ACCEPTED BY THE
CITY COUNCIL ON:
DATE:
DATE:
DATE:
DATE:
RES. NO.
RECORD DRAWINGS: REVISIONS
DESIGNER STAMP:
DRAWN BY: DATE:
CHECKED BY: DATE:
DESIGNED BY: DATE:
NOTE: If this drawing is not 36"x24" it has been
revised from its original size and the scales noted on
drawing/details are no longer applicable.
© 2019 Shah Kawasaki Architects
RECOMMENDED FOR BIDDING BY: DATE:
MICHAEL SILVEIRA, P.E. CIP MANAGER
REC. DWG NO.
17181920
ENGR. APR.
1234567891011121314151617181920
SCALE:
AS NOTED
Know what's below.
before you dig.Call
R
City Project Number:
3447
1263 YOSEMITE DR. MILPITAS, CA 95035
NO. ISSUE DESCRIPTION DATE
CONFORMED SET 10/15/2020
CITY OF MILPITAS FIRE STATION NO. 2 REPLACEMENTGR
PS
NB
10/15/2020
10/15/2020
10/15/2020
PERMIT REVISION #1 07/30/2021R1
BULLETIN #16 12/16/2021B16
YOSEMITE DRIVE
S. PARK VICTORIA DR.
PEDESTRIAN CONCRETE
4.5" PORTLAND CEMENT CONCRETE (3,000 PSI) W/ #4 @ 24" O.C. OVER 4" CLASS 2 AB OVER 12" LIME-TREATED SOIL OVER SUBGRADE PREPARED PER PROJECT GEOTECHNICAL REPORT. INSTALL CONCRETE JOINTS PER DETAIL 3, SHEET C-008.
VEHICULAR CONCRETE
7" PORTLAND CEMENT CONCRETE (4,500 PSI) W/ #5 @ 24" O.C. OVER 4" CLASS 2 AB OVER 12" LIME-TREATED SOIL OVER SUBGRADE PREPARED PER PROJECT GEOTECHNICAL REPORT. INSTALL CONCRETE JOINTS PER DETAIL 3, SHEET C-008.
ASPHALT CONCRETE
12" ASPHALT CONCRETE DEEPLIFT
TRUNCATED DOMES
PER DETAIL 5, SHEET C-009
VEHICLE PERMEABLE PAVER SYSTEM
PERMEABLE PAVERS PER DETAIL 9, SHEET C-009
4" X 8" CONCRETE PARKING LOT PAVERS. BELGARD AQUA
ROC PERMEABLE PAVER, COLOR: RIO. OR EQUAL.
RIVER ROCK
6" MINIMUM DEPTH LAYER, DIAMETER VARIES 2" TO 4",
NATURAL GREY COLOR
KEY NOTES
1 3' CONCRETE VALLEY GUTTER PER DETAIL 5 SHEET C-008
2 6" VERTICAL CURB AND GUTTER PER DETAIL 2 SHEET C-008
3 4 RIVER ROCK SWALE PER DETAIL 8 SHEET C-008
5 STRUCTURAL BRICK WALL, SEE ARCHITECTURAL AND
STRUCTURAL PLANS
BIORETENTION AREA
BIORETENTION AREA PER DETAIL 6, SHEET C-009
LEGEND
6 6" VERTICAL CONCRETE CURB PER DETAIL 1 SHEET C-008
3 3
7 TRASH ENCLOSURE, SEE ARCHITECTURAL AND STRUCTURAL PLANS COMMERCIAL DRIVEWAY (C.O.M. STD. DWG. NO. 432) PER
DETAIL 7 SHEET C-011 AND SIDEWALK TRANSITIONS (C.O.M.
STD. DWG. NO. 436) PER DETAIL 8 SHEET C-011
6 7
6 2
1 4
5 6
1 6
8 18" WIDE CURB CUTS PER DETAIL 6 AND DETAIL 7 SHEET C-008 9 RETAINING WALL PER DETAIL 4, SHEET C-010
10 (2) 6" PIPE PENETRATIONS THROUGH BOTTOM OF WALL
TO ALLOW FOR DRAINAGE, SEE STRUCTURAL PLANS
10 9
8 16
3 16
11 6' HIGH CHAINLINK FENCE WITH PRIVACY SLATS
PER DETAIL 3 SHEET C-010
10' 20'
SCALE: 1"=20'
40'0'
PAVING & DIMENSIONING PLAN
C-003
12 VEHICULAR ACCESS GATE, SEE ARCHITECTURAL PLANS
12 13
18 18
23 6
14 ONE-PIECE, CONE TAPERED ALUMINUM FLAG POLE, 25' HIGH, AMERICAN FLAGPOLE, OR EQUAL. SEE SPECIFICATIONS.
SEE DETAIL 2 SHEET C-010 FOR FOUNDATION DETAIL.
14 EQUIPMENT PAD CONCRETE
CONCRETE PAD FOR GENERATOR, FUEL TANK, AND MAIN
SWITCHBOARD WILL BE A DEFERRED SUBMITTAL.
11 15 TEMPORARY EMERGENCY FIRE ACCESS LANE SHALL BE
MAINTAINED CLEAR OF OBSTRUCTIONS DURING CONSTRUCTION
16 CURB AND GUTTER (C.O.M. STD. DWG. NO. 410) PER DETAIL 5 SHEET C-011
ACCESSIBLE PARKING
DETAIL 1
1 C-009
ACCESSIBLE PARKING
DETAIL 2
2 C-009
15 15
17 ACCESSIBLE RAMP PER CALTRANS STANDARDS, LATEST EDITION, DWG. NO. A88A CASE A, SEE DETAIL 5 SHEET C-010
17 5
13 18 3' X 3' RIVER ROCK AT CANOPY RAIN CHAIN LOCATION
PEDESTRIAN ACCESS GATE, SEE ARCHITECTURAL PLANS
12 LANDSCAPE AREA
SEE LANDSCAPE PLANS FOR MORE INFORMATION
20 20
TYP.
19 TYP.
22 20
19 TYP.
TYP.
4 21
20 19 COMMERCIAL SIDEWALK (C.O.M. STD. DWG. NO. 426) PER DETAIL 6 SHEET C-011 20 SITE LIGHT, SEE ELECTRICAL PLANS
21 BIKE RACK PER DETAIL 11 SHEET C-008, SEE SPECIFICATIONS 22 PG&E TRANSFORMER AND CONCRETE PAD, SEE ELECTRICAL PLANS.
SEE ARCHITECTURAL PLANS FOR BOLLARD DETAILS.
20 23 CONCRETE CONTAINMENT CURB PER DETAIL 9, SHEET C-009 1 C-005
1 C-005
6 11
23 24 NEW "KEEP CLEAR" STRIPING AT PROPOSED DRIVEWAY LOCATIONS 24 TYP.
24 TYP.
24 TYP.
25 26
26 INSTALL STREET TREE, TYPICAL. SEE LANDSCAPE PLANS
27 INSTALL 12" WIDE CROSSWALK STRIPING,
MATCH EXISTING COLOR AND STYLE
27 27
28 WHEEL STOP PER DETAIL 1 SHEET C-010
29 ACCESSIBLE PATH OF TRAVEL STRIPING,
4" WHITE BORDER AND HATCHING @ 36" O.C.
26 28
TYP.
29 28
TYP.
29 28
TYP.
6' HIGH CHAINLINK FENCE WITH PRIVACY SLATS
TRASH ENCLOSURE CONCRETE
7" PORTLAND CEMENT CONCRETE (4,500 PSI) W/ #5 @ 24" O.C. OVER 4" CLASS 2 AB OVER 12" LIME-TREATED SOIL OVER SUBGRADE PREPARED PER PROJECT GEOTECHNICAL REPORT. INSTALL CONCRETE JOINTS PER DETAIL 3, SHEET C-008.
RELOCATED STREET LIGHT BOX
25 2
C-005
2 C-005
30 INSTALL SIGNAGE STATING "LOAD RESTRICTION AT PARKING, NO FIRE TRUCK TRAFFIC". SIGN POST PER DETAIL 3 SHEET C-009 30 30
30 13
ATS AND CONCRETE PAD,
SEE ELECTRICAL PLANS.
Attachment 1
PG&E Easement Exhibit
34 Item # C5.
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS GRANTING AN
EASEMENT TO PACIFIC GAS AND ELECTRIC COMPANY AND AUTHORIZING THE CITY
MANAGER TO EXECUTE A GRANT OF EASEMENT, AND ANY AND ALL NECESSARY
DOCUMENTS, FOR THE ACCESS, CONSTRUCTION, AND MAINTENANCE OF PG&E OWNED-ELECTRIC FACILITIES INFRASTRUCTURE AT FIRE STATION NO. 2, PROJECT NO. 3447
WHEREAS, on September 2020, the City of Milpitas entered an agreement with Pacific Gas and Electric Company (PG&E) for the design and construction of a new electrical service for the Fire Station No.2 Project, located at 1263 Yosemite Drive.
WHEREAS, City shall grant an easement to PG&E for access, construction, and maintenance for PG&E-owned electric infrastructure on City property prior to commencing construction for a permanent electrical service to the Project.
WHEREAS, the easement agreement and all the necessary property related documents are currently being prepared by the City’s consultant. Staff recommends the City Council adopt a resolution to grant an easement to PG&E and authorize the City Manager the grant of easement document.
WHEREAS, the easement area was pre-approved by PG&E and is approximately 1,200 square feet, extending from the Driveway on S. Park Victoria Drive to the transformer pad in the parking stall.
WHEREAS, pursuant to the State Surplus Land Act, and stat e implementing regulations, a grant of an easement is not defined as a disposition of land which is normally limited to a sale or lease of surplus property. The granting of an easement is not a sale or lease of land. Further, the land in question is not deemed surplus and the City intends to use the property for a fire station. As such, the land is subject to “Agency Use” as defined in the Surplus Land Act , and not subject to the State Surplus Land Act requirements. Finally, the grant of an easement is necessary and vital to ensure the City can use the land for its intended agency use purposes.
NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:
1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
2. The City Council does hereby approve the grant of an easement to PG&E and authorizes the City Manager to execute the grant easement document , and any and all necessary documents in a form approved by the City Attorney, for the access, construction, and maintenance of PG&E-owned electric facilities infrastructure to serve the Fire Station No.2 property.
35 Item # C5.
2 Resolution No. ____
PASSED AND ADOPTED this day of , 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_____________________________ __________________________ Wendy Wood, City Clerk Rich Tran, Mayor
APPROVED AS TO FORM:
_____________________________
Christopher J. Diaz, City Attorney
36 Item # C5.
Utility Distribution Easement (02/2020)rev03/2022 only for this project RECORDING REQUESTED BY AND RETURN TO:
PACIFIC GAS AND ELECTRIC COMPANY
245 Market Street, N10A, Room 1015
P.O. Box 770000
San Francisco, California 94177
Location: City of Milpitas
Recording Fee $_____________________________
Document Transfer Tax $ None
[X] This is a conveyance where the consideration and
Value is less than $100.00 (R&T 11911).
[ ] Computed on Full Value of Property Conveyed, or
[ ] Computed on Full Value Less Liens
& Encumbrances Remaining at Time of Sale
[ ] Exempt from the fee per GC 27388.1 (a) (2); This
document is subject to Documentary Transfer Tax
Signature of declarant or agent determining tax
(SPACE ABOVE FOR RECORDER'S USE ONLY)
LD: 2206-01-10093
GRANT OF NONEXCLUSIVE EASEMENT
CITY OF MILPITAS, a municipal corporation,
hereinafter called Grantor , hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called Grantee, the right from time to time to excavate for, construct, reconstruct, replace (of initial or any other size), remove, maintain, inspect , and use facilities and associated equipment for public utility purposes , including, but not limited to electric, gas, and communication facilities , together with a non-exclusive easement therefor, on, over, and under the easement area as hereinafter set forth, and also ingress thereto and egress therefrom, over and across the lands of Grantor situated in the City of Milpitas, County of Santa Clara, State of California, described as follows:
(APN 088-02-026)
The parcel of land conveyed by The TI Corporation (of California) to the City of Milpitas by deed dated August 27, 1968 and recorded in Book 8249 of Official Records at Page 256, Santa Clara County Records. (the “Property”).
The easement area is described as follows:
The strip of land described in Exhibits “A” and shown on Exhibits “B” attached hereto and made a part hereof.
Grantor further grants to Grantee the right, from time to time, to trim or to cut down , without Grantee paying compensation, any and all trees and brush now or hereafter within said easement area, and shall have the further right, from time to time, to trim and cut down trees and brush along each side of said easement area which now or hereafter in the opinion of Grantee may interfere with or be a hazard to the facilities installed hereunder, or as Grantee deems necessary to comply with applicable state or federal regulations.
37 Item # C5.
Utility Distribution Easement (02/2020)rev03/2022 only for this project
Grantor also grants to Grantee the right to use such portion of said lands contiguous to said easement area as may be reasonably necessary in connection with the excavation, construction, reconstruction, replacement, removal, maintenance and inspection of said facilities.
Grantor hereby covenants and agrees not to place or construct , nor allow a third party to place or construct, any building or other structure, or store flammable substances, or drill or operate any well, or construct any reservoir or other obstruction within said easement area, or diminish or substantially add to the ground level within said easement area, or con struct any fences that will interfere with the maintenance and operation of said facilities.
Grantor hereby reserves and retains all other property rights in and to the easement area, including, the rights to: (a) use the easement area for any purpose, so long as such use does not interfere with Grantee's full enjoyment of the rights hereby granted ; and (b) locate other utilities in the easement area, so long as such improvements do not interfere with Grantee’s full enjoyment of the rights hereby granted.
Grantor expressly reserves the right to require Grantee, at the expense of Grantor, to remove and relocate all improvements placed by Grantee upon said easement area upon determination by Grantor that said improvements interfere with the future development of Grantor's real property. Grantee agrees that within 180 days after written notice from Grantor of such determination by Grantor and the demand of removal and relocation of said improvements, Grantee shall remove and relocate said improvements to a feasible location on the property of Grantor, and Grantor shall furnish Grantee with an easement for said improvement in such new location, and Grantee shall thereupon reconvey to Grantor the easement hereby granted.
Grantor acknowledges that they have read the “Grant of Easement Disclosure Statement,” Exhibit “C,” attached hereto and made a part hereof.
This document may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.
The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land.
Dated: __________________, _______.
CITY OF MILPITAS,
By_________________________________
Name: ,City Manager
I hereby certify that a resolution was adopted
on the _______day of ______________,2022,
by the authorizing the foregoing grant of easement.
By_______________________________________
38 Item # C5.
Utility Distribution Easement (02/2020)rev03/2022 only for this project
State of California
County of )
On __________________________, before me, Notary Public, Insert name
personally appeared
,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her /their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
Signature of Notary Public
CAPACITY CLAIMED BY SIGNER
[ ] Individual(s) signing for oneself/themselves
[ ] Corporate Officer(s) of the above named corporation(s)
[ ] Trustee(s) of the above named Trust(s)
[ ] Partner(s) of the above named Partnership(s)
[ ] Attorney(s)-in-Fact of the above named Principal(s)
[ ] Other
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
39 Item # C5.
Utility Distribution Easement (02/2020)rev03/2022 only for this project
Pacific Gas and Electric Company
EXHIBIT ”C”
GRANT OF EASEMENT DISCLOSURE STATEMENT
This Disclosure Statement will assist you in evaluating the request for granting an easement to Pacific Gas and Electric Company (PG&E) to accommodate a utility service extension to PG&E’s applicant. Please read this disclosure carefully before signing the Grant of Easement.
• You are under no obligation or threat of condemnation by PG&E to grant this easement.
• The granting of this easement is an accommodation to PG&E’s applicant requesting the extension of PG&E utility facilities to the applicant’s property or project. Because this easement is an accommodation for a service extension to a single customer or group of customers, PG&E is not authorized to purchase any such easement.
• By granting this easement to PG&E, the easement area may be used to serve additional customers in the area and may be used to install additional utility facilities. Installation of any proposed facilities outside of this easement area will require an additional easement.
• Removal and/or pruning of trees or other vegetation on your property may be necessary for the installation of PG&E facilities. You have the option of h aving PG&E’s contractors perform this work on your property, if available, or granting permission to PG&E’s applicant or the applicant’s contractor to perform this work.
Additionally, in order to comply with California fire laws and safety orders, PG&E or its contractors will periodically perform vegetation maintenance activities on your property as provided for in this grant of easement in order to maintain proper clearances from energized electric lines or other facilities.
• The description of the easem ent location where PG&E utility facilities are to be installed across your property must be satisfactory to you.
• The California Public Utilities Commission has authorized PG&E’s applicant to perform the installation of certain utility facilities for utility service. In addition to granting this easement to PG&E, your consent may be requested by the applicant, or applicant’s contractor, to work on your property. Upon completion of the applicant’s installation, the utility facilities will be inspected by P G&E. When the facility installation is determined to be acceptable the facilities will be conveyed to PG&E by its applicant.
By signing the Grant of Easement, you are acknowledging that you have read this disclosure and understand that you are voluntarily granting the easement to PG&E. Please return the signed and notarized Grant of Easement with this Disclosure Statement attached to PG&E. The duplicate copy of the Grant of Easement and this Disclosure Statement is for your records.
40 Item # C5.
EXHIBIT “A”
PG&E ACCESS EASEMENT
APN 088-02-026 (PORTION)
ALL THAT REAL PROPERTY SITUATE IN A PORTION OF THE MILPITAS RANCHO, CITY OF MILPITAS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF YOSEMITE DRIVE WITH THE CENTERLINE OF SOUTH PARK VICTORIA DRIVE AS SHOWN ON THE MAP OF TRACT NO. 4393 FILED IN BOOK 234 OF MAPS, AT PAGE 2, SANTA CLARA COUNTY RECORDS; THENCE NORTH 35’20’00” WEST ALONG THE CENTERLINE OF SAID SOUTH PARK VICTORIA DRIVE, A DISTANCE OF 132.00 FEET; THENCE SOUTH 54°40’00” WEST PERPENDICULAR TO LAST SAID CENTERLINE, A DISTANCE OF 45.00 FEET TO THE POINT OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF SAID SOUTH PARK VICTORIA DRIVE; THENCE SOUTH 59°22’53” WEST, A DISTANCE OF 32.75 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTH 30°37’07” WEST, A DISTANCE OF 35.83 FEET; THENCE NORTH 59°22’53” EAST, A DISTANCE OF 29.79 FEET TO THE POINT OF INTERSECTION WITH LAST SAID WEST RIGHT-OF- WAY LINE; THENCE NORTH 35°20’00” WEST ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF
10.03 FEET; THENCE SOUTH 59°22’53” WEST, A DISTANCE OF 38.97 FEET; THENCE SOUTH 30°37’07” EAST, A DISTANCE OF 45.83 FEET; THENCE NORTH 59°22’53” EAST, A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING.
THE BEARING OF NORTH 35°20’00” WEST FOR THE CENTERLINE OF SOUTH PARK VICTORIA AVENUE AS SHOWN ON THE MAP OF TRACT NO. 4393 FILED IN BOOK 234 OF MAPS, AT PAGE 2, SANTA CLARA COUNTY RECORDS IS THE BASIS OF ALL BEARINGS IN THIS DESCRIPTION.
CONTAINING 752 SQUARE FEET, MORE OR LESS.
SUBJECT TO ALL RIGHTS-OF-WAY AND EASEMENTS OF RECORD.
THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS’ ACT.
_____________________
KEVIN J. GENASCI, P.L.S. 8660
MARCH 31, 2022
41 Item # C5.
JOB NO.DRAWNDESIGNDATE18197KJGKJG08/25/21SHEETSCALE:1AS SHOWNOF:3428 Brookside Road, Stockton, California 95219209-943-2021 www.siegfriedeng.com Fx: 209-942-0214CIVILSTRUCTURALLANDSCAPEARCHITECTURESURVEYINGPLANNINGATHLETIC FACILITYDESIGN1 EXHIBIT "B"
N35°20'00"W 132.00'S54°40'00"W 45.00'S59°22'53"W 32.75' S30°37'07"E 45.83'
N59°22'53"E 10.00'
N30°37'07"W 35.83'N59°22'53"E 29.79'N35°20'00"W10.03'S59°22'53"W 38.97'10'SCALE: 1"=10'5'0' YOSEMITE DRIVEP.O.C.CL INTERSECTIONPER 232-M-4, S.C.C.R.
P.O.B.
PG&E ACCESS EASEMENT752 SQ. FT.±
LEGEND:A.P.N.ASSESSOR'S PARCEL NUMBERMMAPSBKBOOKPGPAGEP.O.B.POINT OF BEGINNINGP.O.C.POINT OF COMMENCEMENTS.C.C.R.SANTA CLARA COUNTY RECORDSCENTERLINE MONUMENT IN WELL BASIS OF BEARINGS:THE BEARING OF NORTH 35°20'00" WEST FOR THE CENTERLINE OF SOUTH PARKVICTORIA DRIVE AS SHOWN ON THE MAP FILED IN BOOK 234 OF MAPS, AT PAGE 2,SANTA CLARA COUNTY RECORDS IS THE BASIS FOR ALL BEARINGS ON THIS PLAT.
SOUTH PARK VICTORIA DRIVEN35°20'00"W 180.00'
5.00'5.00'
5.00'
3-31-22
42 Item # C5.
EXHIBIT “A”
PG&E INFRASTRUCTURE EASEMENT
APN 088-02-026 (PORTION)
ALL THAT REAL PROPERTY SITUATE IN A PORTION OF THE MILPITAS RANCHO, CITY OF MILPITAS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF YOSEMITE DRIVE WITH THE CENTERLINE OF SOUTH PARK VICTORIA DRIVE AS SHOWN ON THE MAP OF TRACT NO. 4393 FILED IN BOOK 234 OF MAPS, AT PAGE 2, SANTA CLARA COUNTY RECORDS; THENCE NORTH 35’20’00” WEST ALONG THE CENTERLINE OF SAID SOUTH PARK VICTORIA DRIVE, A DISTANCE OF 132.00 FEET; THENCE SOUTH 54°40’00” WEST PERPENDICULAR TO LAST SAID CENTERLINE, A DISTANCE OF 45.00 FEET TO THE POINT
OF INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF SAID SOUTH PARK VICTORIA DRIVE AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 59°22’53” WEST, A DISTANCE OF
32.75 FEET; THENCE NORTH 30°37’07” WEST, A DISTANCE OF 12.67 FEET; THENCE NORTH 59°22’53” EAST, A DISTANCE OF 31.70 FEET TO THE POINT OF INTERSECTION WITH LAST SAID WEST RIGHT-OF- WAY LINE; THENCE SOUTH 35°20’00” EAST ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF
12.71 TO THE POINT OF BEGINNING.
THE BEARING OF NORTH 35°20’00” WEST FOR THE CENTERLINE OF SOUTH PARK VICTORIA AVENUE AS SHOWN ON THE MAP OF TRACT NO. 4393 FILED IN BOOK 234 OF MAPS, AT PAGE 2, SANTA CLARA COUNTY RECORDS IS THE BASIS OF ALL BEARINGS IN THIS DESCRIPTION.
CONTAINING 408 SQUARE FEET, MORE OR LESS.
SUBJECT TO ALL RIGHTS-OF-WAY AND EASEMENTS OF RECORD.
THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS’ ACT.
_____________________
KEVIN J. GENASCI, P.L.S. 8660
MARCH 30, 2022
43 Item # C5.
JOB NO.DRAWNDESIGNDATE18197KJGKJG08/25/21SHEETSCALE:1AS SHOWNOF:3428 Brookside Road, Stockton, California 95219209-943-2021 www.siegfriedeng.com Fx: 209-942-0214CIVILSTRUCTURALLANDSCAPEARCHITECTURESURVEYINGPLANNINGATHLETIC FACILITYDESIGN1 EXHIBIT "B"
N35°20'00"W 132.00'S54°40'00"W 45.00'S59°22'53"W 32.75'S35°20'00"E 12.71'N59°22'53"E 31.70'N30°37'07"W 12.67' 10'SCALE: 1"=10'5'0'
YOSEMITE DRIVE
SOUTH PARK VICTORIA DRIVE
LEGEND:A.P.N.ASSESSOR'S PARCEL NUMBERMMAPSBKBOOKPGPAGEP.O.B.POINT OF BEGINNINGP.O.C.POINT OF COMMENCEMENTS.C.C.R.SANTA CLARA COUNTY RECORDSCENTERLINE MONUMENT IN WELLP.O.C.CL INTERSECTIONPER 232-M-4, S.C.C.R.
P.O.B.PG&E INFRASTRUCTUREEASEMENT408 SQ. FT.±
BASIS OF BEARINGS:THE BEARING OF NORTH 35°20'00" WEST FOR THE CENTERLINEOF SOUTH PARK VICTORIA DRIVE AS SHOWN ON THE MAP FILEDIN BOOK 234 OF MAPS, AT PAGE 2, SANTA CLARA COUNTYRECORDS IS THE BASIS FOR ALL BEARINGS ON THIS PLAT.N35°20'00"W 180.00'
5.00'5.00'
5.00'
3-30-22
44 Item # C5.
Utility Distribution Easement (02/2020)rev03/2022 only for this project
Attach to LD: 2206-01-10093
Area 3, San Jose Division
Land Service Office: San Jose
Line of Business: Electric Distribution (43)
Business Doc Type: Easements
MTRSQ: (22.06.01.08.13) Milpitas Rancho
FERC License Number: N/A
PG&E Drawing Number: N/A
Plat No.: E-1714 (Elec.), 3352-C5 (Gas)
LD of Affected Documents: N/A
LD of Cross Referenced Documents: N/A
Type of interest: Communication Easements (6), Electric Underground Easements (4), Utility Easement (86)
SBE Parcel: N/A
% Being Quitclaimed: N/A
Order or PM: 35146521-3200
JCN: N/A
County: Santa Clara
Utility Notice Number: N/A
851 Approval Application No: N/A ;Decision: N/A
Prepared By: ssbp
Checked By: dan9
Approved By: mxk4
Revised by:ssbp
45 Item # C5.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Receive an Update on the Repair of Pump No. 3 at the Main Lift Sewer Pump Station and Determine that the Condition Continues to Constitute an Emergency (Staff Contact: Tony Ndah, Public Works Director, 408-586-2602) Category: Consent Calendar-Community Services and Sustainable Infrastructure
Meeting Date: 4/5/2022
Recommendations: (1) Receive an update on the emergency repair of pump no. 3 at the Main Lift Sewer Pump Station; and (2) Determine by a four-fifths vote that the condition continues to constitute an emergency.
Background:
State law allows the City Council to delegate authority to City staff to award emergency contracts for the repair or replacement of public facilities without seeking competitive bids. On September 2, 2008, the City Council approved Resolution 7779 relating to the City of Milpitas delegating to the Public Works Director the authority to take emergency action and to let emergency contracts without giving notice soliciting competitive bids. On March 15, 2022, Council approved Resolution No. 9134 amending Resolution 7779 to provide further clarification on when the Public Works Director will first report to Council on emergency actions and upon termination of the emergency action seeking City Council approval to ratify the emergency contract.
Pursuant to Public Contract Code section 22050 and Council Resolution No. 9134, the Director of Public Works in the case of emergency may authorize a repair of a public facility and procure the work without giving notice for bids to let contracts. An emergency is defined as “a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.” Additionally, State law requires that, as the authorized city official, the Public Works Director shall make after the fact reports to the City Council as to the reasons why the emergency action was necessary and why the emergency would not permit a delay resulting from a competitive solicitation for bids. The City Council must review the emergency action to determine, by a four- fifths vote, that there is a need to continue the emergency action.
Per the requirements above, the Public Works Director authorized contracting with Koffler Electrical on December 8, 2021 to complete the emergency repair of Pump No. 3 at Main Lift Pump Station located at 1425 North McCarthy Boulevard. Pump No. 3 has been in service for 15 years at the Main Lift Sewer Pump Station and has exceeded its estimated useful life. The Public Works Department had programmed the rebuild or replacement of Pump No. 3 in the FY21-22 Capital Improvement Program budget, however Pump No. 3 failed before the project could be competitively bid. In order to keep the Main Lift Sewer Pump Station operating at design capacity and with working reserves that will be necessary during upcoming force main and San Jose Headworks construction projects, all four pumps need to be operational. In addition, current economic trends escalated the cost and delivery time to purchase a new pump beyond that programmed in the CIP to replace the pump. A new pump is approximately $212,500.00 and requires a lead time of twenty-four weeks. The cost to rebuild the pump is significantly lower than the cost to purchase a new pump. The rebuild of Pump No. 3 costs approximately $90,095.31 and requires a lead time of eight weeks. Due to the cost and lead time required to have the pump in working order, the Public Works Department proceeded with rebuilding the pump.
Analysis:
46 Item # C6.
Due to the size of the repair at the Main Lift Sewer Pump Station and the urgent need to rebuild and put the pump back into operation, the Public Works Director determined the rebuild of the pump constituted an emergency because there was a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services and the emergency would not permit a delay by the competitive solicitation of bids. In order to know the extent of the cost to rebuild or replace the pump, a contractor was called out to pull the pump, take it back to their repair shop to disassemble, and inspect it.
In accordance with Public Contract Code section 22050 and pursuant to authority delegated by the City Council under Council Resolution No. 7779, the Public Works Director authorized Koffler Electrical to complete the rebuild of Pump No. 3 and a construction contract was executed on March 10, 2022. The total cost for the repair is approximately $90,095.31 and the parts needed for the repair have been ordered are scheduled to arrive by the end of the month.
Staff is recommending that the Council determine, by a four-fifths vote, that there is a need to continue the emergency action declared by the Public Works Director, to enable the rebuild of Pump No. 3. Staff will return to Council with an update at every regularly scheduled Council meeting until the emergency declaration is concluded. The estimated completion date for the pump rebuild is April 12, 2022 and staff estimates that the pump will be re-installed and operational by the end of April 2022.
Fiscal Impact:
The estimated repair cost of $90,095.31 has been encumbered and there are sufficient funds available within CIP 6124 for Sewer Pump Station Rehabilitation for the emergency work at Main Lift Sewer Pump Station.
CIP6124 funding source comes from the Sewer Infrastructure Fund. As of 03/24/2022, the balance for CIP 6124 is $105,107.
California Environmental Quality Act:
The emergency repair work is exempt from CEQA, per CEQA Guidelines Section 15301, Existing Facilities and 15302, Replacement or Reconstruction.
Recommendations:
1. Receive an update on the emergency repair of pump no. 3 at the Main Lift Sewer Pump Station.
2. Determine by a four-fifths vote that the condition continues to constitute an emergency.
Attachment:
N/A
47 Item # C6.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Approve and Authorize the City Manager to Execute a Funding Agreement with the Santa Clara Valley Transportation Authority (VTA) for the 2016 Measure B Innovative Transit Service Models Program; Approve New Fiscal Year 2021-22 Capital Improvement Program Project No. 3493 Milpitas OnDemand; Approve a Budget Appropriation of $1,355,916 including Measure B Innovative Transit Service Models Program Funds ($1,084,732), developer contributions ($200,000), and General Government CIP Fund ($71,184) into Project No. 3493; and Adopt a Resolution to Approve and Authorize the City Manager to Execute a Subscription and Services Agreement with RideCo in a Not-to-Exceed Amount of $1,355,916 for Consultant Services Related to Milpitas OnDemand and Making Sole Source Findings and Findings that the Procurement is in the Best Interest of the City (Staff Contact: Ned Thomas, Planning Director, 408-586-3273 and Jay Lee, Principal Planner, 408-586- 3077)
Category: Consent Calendar-Community Development
Meeting Date: 4/5/2022
Recommendation: (1) Approve and authorize the City Manager to execute a funding agreement with the Santa Clara Valley Transportation Authority (VTA) for the 2016 Measure B Innovative Transit Service Models Program; (2) Approve New Fiscal Year 2021-22 Capital Improvement Program Project No. 3493 Milpitas OnDemand; (3) Approve a budget appropriation of $1,355,916 including Measure B Innovative Transit Service Models Program Funds ($1,084,732), developer contributions ($200,000), and General Government CIP Fund ($71,184) into Project No. 3493; and (4) Adopt a resolution to approve and authorize the City Manager to execute a subscription and services agreement with RideCo in a not-to-exceed amount of $1,355,916 for consultant services related to Milpitas OnDemand and making sole source findings and findings that the procurement is in the best interest of the City.
Background:
In November 2016, Santa Clara County voters approved the 2016 Measure B ballot measure, a 30-year half- cent countywide sales tax to enhance transit, highways, expressways and active transportation programs for bicycles and pedestrians. Over the next 30 years, 2016 Measure B is anticipated to generate $6.3 billion.
The Valley Transportation Authority (VTA) established the 2016 Measure B Program and adopted Program category guidelines. The Innovative Transit Service Models Program provides approximately $6 million in funding to eligible cities through a competitive grant application process. The goal of the Innovative Transit Service Models Program is to support affordable new innovative transit service models to address first/last-mile connections to transit, serving the vulnerable, underserved and transit-dependent population.
City staff in partnership with RideCo, a transportation consulting firm that provides on-demand transit solutions, submitted a grant application for funding through the Innovative Transit Service Models Program to develop and implement Milpitas OnDemand, a 12-month pilot program to provide a flexible, convenient first/last-mile transit solution with convenient connections to VTA light rail and the Milpitas Transit Center. On March 4th, the VTA Board of Directors approved the recommended projects, including Milpitas OnDemand, and authorized the General Manager to execute the necessary agreements. The City of Milpitas was awarded the full amount of the grant request in the amount of $1,084,732. In order to receive this funding, the City is required to enter into a Funding Agreement with VTA to ensure funds are spent on allowable activities. 48 Item # C7.
The City’s Measure B grant application outlines a pilot program length of 18 months. Due to factors related to the ongoing COVID-19 pandemic, including driver shortages, supply chain issues (e.g., microchip shortage), and rising fuel costs, the cost of providing transit service has increased since application submittal. City staff collaborated closely with VTA and RideCo to reduce the program length from 18 to 12 months and keep the project cost within the initial budget while minimizing changes to the proposed service. VTA has reviewed and approved this change to the project.
Staff is requesting the City Council adopt a resolution authorizing the City Manager to procure professional services from RideCo in accordance with Milpitas Municipal Code sections I-2-3.06 (sole source procurement) and I-2-3.03(d) (procurements where competitive methods are not practicable). Similar to other cities in Santa Clara County that received grant funding, City staff selected RideCo’s proprietary service model to meet the grant program’s requirement for an “innovative service model”. RideCo is the only firm to have designed and validated the “Hub and Spoke” service model, which combines the convenience of a ride hailing service with the capacity and affordability of a traditional shuttle service.
Analysis:
The City of Milpitas is expected to receive approximately $1,084,732 in funding from the 2016 Measure B Innovative Transit Service Models Program. Staff recommends the City Council approve the Funding Agreement with VTA to receive this funding, which will be used to implement Milpitas OnDemand. Staff estimates an additional cost of $271,184 to operate the service, which will be partially funded by a $200,000 developer contribution to the City from Embarcadero Capital Partners and Bridge Development to fund a future shuttle program following the Partial Assignment and Assumption Agreement for an industrial development project on McCarthy Boulevard. The remaining $71,184 will be funded by the anticipated fare collection of $111,600 over the life of the program, which is based on the expected fare of $2.50 per ride and a daily ridership that levels out at 120 within 6 months of operation, the most conservative estimate for the pilot program. Under the high ridership scenario of 420 rides per day, the fare recovery would reach $390,600.
Staff recommends the creation and funding of a new Capital Improvement Program (CIP) Project, Project No. 3493 Milpitas OnDemand to allow staff to complete the activities required by the Measure B funding. Staff further recommends the approval of a budget appropriation to appropriate the $1,084,732 in Measure B Innovative Transit Service Models Program Funding, $200,000 in developer contributions, and $71,184 from the General Government CIP Fund (to be reimbursed by fare collections) into the new CIP project.
Staff further recommends that the City Council approve the Subscription and Services Agreement with RideCo in a not-to-exceed amount of $1,355,916 for consultant services to operate Milpitas OnDemand, a 12-month pilot program for an on-demand, micro-transit service. The gross annual operations budget, which is based on the total operating and software costs of the vehicles, is $1,280,916. A marketing budget of $75,000 brings the total project cost to $1,355,916. Milpitas OnDemand will help address the first/last-mile challenge in Milpitas and provide a convenient and affordable transportation option for Milpitas’ residents, employees, and vulnerable/transit-dependent populations.
Policy Alternatives:
Alternative 1: Do not approve and authorize the City Manager to execute a Funding Agreement with VTA to receive the annual Measure B Innovative Transit Service Models Program Funding and do not adopt a resolution to approve and authorize the City Manager to execute a subscription and services agreement with RideCo in a not-to-exceed amount of $1,355,916 for consultant services related to Milpitas OnDemand and making sole source findings and findings that the procurement is in the best interest of the City.
Pros: None.
Cons: If the City does not enter into the Funding Agreement, the City would not be eligible to receive the Measure B funding grant. If the City does not adopt the resolution to approve and authorize the City Manager to execute a subscription and services agreement with RideCo, the City could risk failing to deliver a transit service model that meets the grant program guidelines and requirements for an innovative service model.
49 Item # C7.
Reason not Recommended: The General Plan includes several policies to promote alternative modes of transportation, first/last-mile solutions, and public transit improvements to support the City’s circulation goals.
The receipt and use of the Measure B funding to implement Milpitas OnDemand supports these General Plan policies and goals.
Fiscal Impact:
The approval of the Funding Agreement with the VTA is required to receive approximately $1,084,732 in Measure B Innovative Transit Service Models Program funding. The Milpitas OnDemand program will require creation of new CIP Project No. 3493 and approval of a budget appropriation in the amount of $1,355,916.
The funding sources are Measure B Innovative Transit Service Models Program Funds ($1,084,732), developer contributions ($200,000), and General Government CIP Fund ($71,184) to be reimbursed by fare collections).
California Environmental Quality Act:
The selection and contractual arrangement of consultant services do not constitute a project in accordance with Section 15378 of the CEQA Guidelines. Furthermore, the program is not considered a project under CEQA because it has no potential for resulting in either a direct or reasonably foreseeable indirect change in the environment. If the program is found to be a project under CEQA, the action being considered is exempt from environmental review pursuant to CEQA Guidelines Section 15061(b)(3) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The program, which proposes no physical changes and would support transit ridership, thereby reducing greenhouse gas emissions, would have no or only a de minimis impact on the environment.
In the alternative, the selection and contractual arrangement of consultant services is exempt from further review under CEQA Guidelines Sections 15301 and 15308 as 1) it could indirectly result in the operation or permitting of existing public facilities involving negligible or no expansion of existing or former use and 2) consists of actions taken by the City to assure the maintenance, restoration, enhancement, or protection of the environment.
Recommendation:
1. Approve and authorize the City Manager to execute a funding agreement with the Santa Clara Valley Transportation Authority (VTA) for the 2016 Measure B Innovative Transit Service Models Program;
2. Approve New Fiscal Year 2021-22 Capital Improvement Program Project No. 3493 Milpitas OnDemand;
3. Approve a budget appropriation of $1,355,916 including Measure B Innovative Transit Service Models Program Funds ($1,084,732), developer contributions ($200,000), and General Government CIP Fund ($71,184) into Project No. 3493; and
4. Adopt a resolution to approve and authorize the City Manager to execute a subscription and services agreement with RideCo in a not-to-exceed amount of $1,355,916 for consultant services related to Milpitas OnDemand and making sole source findings and findings that the procurement is in the best interest of the City.
Attachments:
1. VTA Funding Agreement
2. New Project No. 3493 Milpitas OnDemand
3. VTA Grant Award Letter
4. Milpitas 2016 Measure B Grant Application
5. Budget Appropriation Form
6. RideCo Professional Services Agreement
7. City Council Resolution
8. Sole Source Request and Justification
9. Letter of Explanation to VTA
50 Item # C7.
Rev 03/2022 Page 1 of 22
FUNDING AGREEMENT
BETWEEN
CITY OF MILPITAS
AND
SANTA CLARA VALLEY TRANSPORTATION AUTHORITY
FOR
MILPITAS ONDEMAND
THIS AGREEMENT (“AGREEMENT”) is between the CITY OF MILPITAS, referred to herein as “CITY”, and the SANTA CLARA VALLEY TRANSPORTATION AUTHORITY, referred to herein as “VTA”. Hereinafter, CITY and VTA may be individually referred to as “PARTY” or collectively referred to as “PARTIES”.
I. RECITALS
1. Whereas, on June 24, 2016, the VTA Board of Directors adopted a resolution to place a ballot measure before the voters of Santa Clara County in November 2016 to authorize a one -half of one percent retail transaction and use tax (“2016 MEASURE B ”) for 30 years for nine transportation -related program categories; and
2. Whereas, on November 8, 2016, the voters of Santa Clara County enacted 2016 MEASURE B for 30 years to pay for the nine transportation-related program categories; and
3. Whereas, the duration of 2016 MEASUR E B will be 30 years from the initial year of collection, beginning April 1, 2017, and continuing through March 31, 2047; and
4. Whereas, on October 5, 2017, the VTA Board of Directors established the 2016 Measure B Program (“PROGRAM”) and adopted the 2016 Measure B Program Category Guidelines; and
5. Whereas, the PROGRAM includes a Transit Operations program category (“TRANSIT OPS CATEGORY”) to increase ridership, improve efficiency, enhance mobility services for seniors and disabled, and improve affordability for the underserved and vulnerable constituencies in the county; and
6. Whereas, the TRANSIT OPS CATEGORY consists of three sub -categories, including an Innovative Transit Service Models Competitive Grant Program (“INNOVATIVE TRANSIT PROGRAM”); and
7. Whereas, on December 5, 2019 the VTA Board of Directors adopted the INNOVATIVE TRANSIT PROGRAM criteria; and
8. Whereas, on October 5, 2020 the Fiscal Year (“FY”) 2020 (July 1, 2020 to June 30, 2021) to Fiscal Year 2021 (July 1, 2021 to June 30, 2022) INNOVATIVE TRANSIT PROGRAM call for projects was released; and
9. Whereas, on March 4, 2021 the VTA Board of Directors approved the project list for the INNOVATIVE TRANSIT PROGRAM; and
51 Item # C7.
Rev 03/2022 Page 2 of 22
10. Whereas, Milpitas OnDemand is an eligible project on the VTA Board of Directors approved project list for the INNOVATIVE TRANSIT PROGRAM; and
11. Whereas, VTA and CITY desire to specify herein the terms and conditions under which the INNOVATIVE TRANSIT PROGRAM funds will be administere d to CITY by VTA as directed by the VTA Board of Directors.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the PARTIES agree as follows:
II. AGREEMENT
1. PROJECT DESCRIPTION
For the Milpitas OnDemand project, the CITY will provide, manage, and coordinate the operation of the transportation services (the “PROJECT”) to the public during the term of this AGREEMENT. The PROJECT must be provided in accordance with the service area and parameters, attached hereto and incorporated herein as Attachment A.
2. TERM OF AGREEMENT
The term of this AGREEMENT will commence on the Effective Date (as defined in the signature block below) and continue through the later of: (i) 12 months after the Effective Date, (ii) completion of the PROJECT, (iii) cancellation of the PROJECT, or (iv) termination of this AGREEMENT pursuant to the terms herein.
3. COST OF PROJECT
Total cost of the PROJECT (“TOTAL PROJECT COST”) is estimated not to exceed $ 1,355,916. TOTAL PROJECT COST means the total cumulative dollar amount actually incurred and expended toward the PROJECT by all PARTIES involved, as measure at the completion or termination of the PROJECT.
4. FINANCIAL CONTRIBUTION TO COST OF PROJECT
a. VTA’s Financial Contribution for PROJECT . VTA will contribute an amount not to exceed $1,084,732 of INNOVATIVE TRANSIT PROGRAM funds to be used by CITY for completion of the PROJECT. All funds will be available on a reimbursement basis only, pursuant to the terms and conditions set forth herein.
b. CITY’s Financial Contribution for PROJECT . CITY’s financial contribution for PROJECT is TOTAL PROJECT COST less VTA’s Financial Contribution for PROJECT. CITY must not seek reimbursement from VTA toward the PROJECT prior to Effective Date of this AGREEMENT.
c. Additional Funds. Any additional funds required to complete the PROJECT will be CITY’s sole responsibility.
52 Item # C7.
Rev 03/2022 Page 3 of 22
d. PROJECT Savings. If the PROJECT is anticipated to be delivered under budget, INNOVATIVE TRANSIT PROGRAM funds will be reduced in proportion to CITY’s Financial Contribution to PROJECT.
e. In all circumstances, regardless of the TOTAL PROJECT COST, CITY is responsible for contributing a minimum of 20% of the TOTAL PROJECT COST. If CITY receives over $ 71,184 in PROJECT fare recovery by the end of the AGREEMENT term , CITY must use any fare recovery over $71,184 to extend PROJECT as long as funding is available, for up to 6 months.
5. ELIGIBLE USE OF FUNDS
Only ELIGIBLE COSTS (as defined herein) directly related to the PROJECT costs incurred by CITY after Effective Date, will be eligible for reimbursement.
VTA will only reimburse CITY for actual costs directly related to the PROJECT (“ELIGIBLE COSTS”).
ELIGIBLE COSTS are costs that: (i) are directly related to the planning, operation, and administration of the PROJECT ; and (ii) were incurred in compliance with all applicable 2016 Measure B Program requirements.
6. CITY’S ROLE
a. Tasks. CITY will be the sponsor and implementing agency for the PROJECT. In its role as sponsor and implementing agency under this AGREEMENT, CITY must perform and/or be responsible for the following tasks:
i. Serve as project manager to provide, manage, and coordinate the operation of PROJECT in accordance with service parameters in Attachment A.
ii. Perform all procurement actions necessary for PROJECT, including but not limited to advertising the work via a public solicitation, opening bi ds in response to the public solicitation, awarding a contract, approving contract documents, and administering the awarded contract in accordance with all applicable laws, regulations, and codes, including but not limited to the California Public Contract Code and the California Labor Code.
iii. Begin PROJECT service operation within one (1) year of the Effective Date of this AGREEMENT.
iv. Obtain all necessary permits and certifications for PROJECT.
v. Keep VTA apprised of potential changes that may affect PROJECT operations.
vi. Conduct standard close -out activities for the PROJECT, including but not limited to performing final accounting review and reviewing all contractual requirements.
53 Item # C7.
Rev 03/2022 Page 4 of 22
b. Other PROJECT Management Duties. CITY must:
i. Submit a project managem ent plan ( “PMP”) to VTA in accordance with the PMP template in Attachment B within thirty (30) business days of the Effective Date of this AGREEMENT. The PMP must be in writing and must include information regarding service scope, staffing plan, cost, schedule, and contracting plan.
ii. Actively monitor actual PROJECT expenditures to ensure that the 2016 MEASURE B funds are used to pay only for ELIGIBLE COSTS (as defined in Section 5).
iii. Provide VTA with written quarterly progress reports (“PROGRESS REPORTS”) (as supplied by VTA to CITY) on the PROJECT, including but not limited to updates on PROJECT expenditures, any changes in scope and schedule, PROJECT status, monthly PROJECT performance such as ridership, total miles, total hours, fare collection and any other information VTA may require for inclusion in the progress updates.
iv. Submit the PROJECT’s final report (“FINAL REPORT”) to VTA. This FINAL REPORT must be in writing and must include information regarding final PROJECT c osts, total ridership, total revenue miles and total revenue hours, fare collection, along with any other information VTA may require for inclusion in the FINAL REPORT.
v. CITY will make staff available to present on the PROJECT at VTA committees as needed.
7. VTA’S ROLE
VTA will review PROJECT’s PMP, PROGRESS REPORTS and FINAL REPORT, and provide oversight of the PROJEC T to ensure PROJECT compliance with the 2016 Measure B Program Category Guidelines.
8. CITY’S OBLIGATIONS
CITY must:
a. Ensure that all 2016 MEASURE B funds are expended on only allowable INNOVATIVE TRANSIT PROGRAM expenditures as described above in Section 5. ELIGIBLE USE OF FUNDS.
b. Begin request for reimbursement of ELIGIBLE COSTS (see Section 5. ELIGIBLE USE OF FUNDS) from VTA within one (1) year of the Effective Date of this AGREEMENT.
c. Submit to VTA all records including contractors’ invoices, miscellaneous invoices, and force account charges as substantiation for invoices submitted to VTA for reimbursement hereunder.
d. Maintain financial records, books, documents, papers, accounting records , and other evidence pertaining to costs related to this AGREEMENT for five (5) years. CITY shall make 54 Item # C7.
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such records available to VTA upon VTA’s written request for review and audit purposes.
Financial audits will be performed at VTA’s sole discretion.
e. Submit invoices to VTA at [email protected], no more frequently than monthly, for reimbursement of ELIGIBLE COSTS (see Section 5. ELIGIBLE USE OF FUNDS) . CITY must submit invoices within one year of the date CITY incurs the cost submitted on the invoice for reimbursement (unless otherwise approved by VTA in writing).
9. VTA’S OBLIGATIONS
VTA will remit the amount due to the CITY under an invoice within thirty (30) calendar days of receipt of a complete and proper, fully documented invoice complying with the requirements set forth herein.
10. MODIFICATION TO PROJECT SERVICE
CITY must inform VTA, in writing, of any minor modifications to PROJECT service, including, but not limited to removal of any proposed pick up/drop off locations and schedule adjustments within a one-hour window that do not impact frequency or service or service area changes.
CITY must inform VTA, in writing, of potential major modifications to PROJECT, including but not limited to extended or reduced service hours of more than 30 minutes and changes in service areas.
11. INDEMNIFICATION
Neither VTA nor any officer or employee thereof will be responsible for any damage or liability arising out of or relating to CITY’s acts or omissions under or in connection with any work, authority, or jurisdiction associated with this AGREEMENT. Pursuant to California Government Code §895.4, CITY must fully defend, indemnify, and save harmless VTA from all suits or actions of every name, kind, and description arising from an injury (as defined by California Government Code §810.8) relating to CITY’s acts or omissions under or in connection with any work, authority, or jurisdiction delegated to CITY under this AGREEMENT. This provision will survive the termination or expiration of this AGREEMENT.
12. INSURANCE
At all times during this AGREEMENT, CITY must comply with the insurance requirements and specifications of Attachment C attached hereto, and herein incorporated by reference.
13. ADDITIONAL INSURED AND INDEMNITY PROVISION
In any agreement executed between the CITY and a third party for purposes related in any way to the subject matter of this AGREEMENT (“Third Party Contract”), the CITY must require that VTA be named as (i) Additional insureds on a primary and non-contributory basis with Separation of Insureds and Waiver of Subrogation on all policies of insurance, except when not applicable required in the Third Party Contract and (ii) indemnified parties in any indemnity provision contained in the Third Party Contract.
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14. PUBLIC WORKS
If the CITY awards a contract to a third party for the performance of a public work (as defined in California Labor Code Section 1720 through 1720.6) (a “Public Works Contract”) in connection with this AGREEMENT, the CITY must comply, and must require such third party to comply, with the requirements of California Labor Code Section 1720 et seq. If the Public Works Contract is funded in whole or in part with federal funds, the CITY must also comply, and must require such third party to also comply, with the requirements of the Davis Bacon Act (40 U.S.C. Sections 3141- 3144 and 3146-3148).
15. COMPLIANCE WITH APPLICABLE LAW
In the execution of the PROJECT and performance of its responsibilities set forth herein, CITY and any contractor or subcontractors must comply with all applicable requirements of state, federal, and local law. CITY and any contractor or subcontractors must comply with any applicable laws, regulations, and/or guidelines relating to COVID -19, including, but not limited to, Centers for Disease Control and Prevention (CDC) guidelines and Santa Clara County Department of Public Health orders and/or guidelines.
16. COMPLIANCE WITH WAGE AND HOUR LAWS
CITY and any contractor or subcontractors they employ to perform work of the PROJECT under this AGREEMENT, must comply with all appli cable federal, state, and local wage and hour laws.
Applicable laws ma y include, but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and any local Minimum Wage Ordinance or Living Wage Ordinance.
17. COMPLIANCE WITH 2016 MEASURE B REQUIREMENTS
In its performance under this AGREEMENT, CITY must comply with, and must ensure PROJECT compliance with all 2016 MEASURE B requirements set forth in the 2016 Measure B Program Category Guidelines for the TRANSIT OPS CATEGORY as identified in Attachment D, attached hereto.
18. TERMINATION
Each of the PARTIES may at any time terminate this AGREEMENT by giving ten (10) business days' written notice of such termination to other PARTY. Notice must identify the effective date of such cancellation and must be provided in accordance with the terms and conditions of this AGREEMENT.
In the event of termination as set forth herein, CITY must submit its final invoice to VTA within thirty (30) calendar days of the effective date of termination solely for ELIGIBLE COSTS incurred by CITY prior to the effective date of the termination (see Section 5. ELIGIBLE USE OF FUNDS).
19. AUDIT AND RECORDS
a. CITY must maintain, and shall require their contractors to maintain, in accordance with 56 Item # C7.
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generally accepted accounting principles and practices, complete books, accounts, records and data pertaining to services performed under this AGREEMENT, including the costs of contract administration. Such docu mentation must be supported by properly exec uted payrolls, invoices, contracts, and vouchers evidencing in detail the nature and propriety of any charges and must be sufficient to allow a proper audit of services. All checks, payrolls, invoices, contracts and other accounting documents pertaining i n whole or in part to the services must be clearly identified and readily accessible.
b. For the duration of the AGREEMENT, and for a period of five (5) years after final payment, VTA shall have access during normal business hours to any books, accounts, rec ords, data, and other relevant documents that are pertinent to this AGREEMENT for audits, examinations, excerpts, and transactions and copies thereof must be furnished upon request.
20. NOTICES
All notices required or permitted under this AGREEMENT must be in writing, will be effective five (5) days after being sent by personal service or certified mail, or forty -eight (48) hours after being sent by electronic mail to the individuals at the addresses set forth below, or to such other address which may be specified in writing by the PARTIES hereto.
VTA:
Marcella Rensi
Deputy Director, Grants & Allocations
Santa Clara Valley Transportation Authority
3331 N First Street
San Jose, CA 95134
Email: [email protected]
CITY:
Ned Thomas
Planning Director
City of Milpitas
455 E. Calaveras Blvd.
Milpitas, CA 95035
Email: [email protected]
Written notification to the other PARTY must be provided, in advance, for changes in the name or address of the individuals identified above.
21. GENERAL TERMS AND CONDITIONS
a. Headings. The subject headings of the articles and paragraphs in this AGREEMENT are included for convenience only and will not affect the construction or interpretation of any of its provisions.
b. Construction and Interpretation of Agreement. This AGREEMENT, and each of its provisions, terms and conditions, has been reached as a result of negotiations between the PARTIES.
Accordingly, each PARTY expressly acknowledges and agrees that (i) this AGREEMENT will not 57 Item # C7.
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be deemed to have been authored, prepared, or drafted by any particular PARTY and (ii) the rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this AGREEMENT or in the resolution of disputes.
c. Amendment. No alteration or variation of the terms of this AGREEMENT will be valid unless made in writing and signed by both of the PARTIES hereto, and no oral understanding or agreement not incorporated herein will be binding on any of the PARTIES hereto.
d. Entire Agreement. This AGREEMENT contains the entire understanding between VTA and CITY relating to the subject matter hereof . This AGREEMENT supersedes any and all other agreements which may have existed between the PARTIES, whether oral or written, relating to the subject matter hereof . This AGREEMENT is binding upon each PARTY, their legal representatives, and successors for the duration of the AGREEMENT.
e. Representation and Warranty of Authority. Each PARTY to this AGREEMENT represents and warrants that each person whose signature appears hereon has been duly authorized and has the full authority to execute this AGREEMENT on behalf of the entity that is a party to this AGREEMENT.
f. No Waiver. The failure of either PARTY to insist upon the strict performance of any of the terms, covenants and conditions of this AGREEMENT will not be deemed a waiver of any right or remedy that either PARTY may have, and will not be deemed a waiver of either PARTY’s right to require strict performance of all of the terms, covenants, and conditions hereunder.
g. Dispute Resolution. If a question or allegation arises regarding (i) interpretation of this AGREEMENT or its performance, or (ii) the alleged failure of a PARTY to perform, the PARTY raising the question or making the allegation shall give written notice thereof to the other PARTY. The PARTIES shall promptly meet in an effort to resolve the issues raised. If the PARTIES fail to resolve the issues raised, alternative for ms of dispute resolution, including mediation, may be pursued by mutual agreement. It is the intent of the PARTIES to the greatest extent possible to avoid litigation as a method of dispute resolution.
h. Severability. If any of the provisions of this AGREEMENT (or portions or applications thereof) are held to be unenforceable or invalid by any court of competent jurisdiction, VTA and CITY shall negotiate an equitable adjustment in the provisions this AGREEMENT with a view toward effecting the purpose of this AGREEMENT, and the validity and enforceability of the remaining provisions or portions or applications thereof will not be affected thereby.
i. Governing Law. The laws of the State of California will govern this AGREEMENT, as well as any claim that might arise between CITY and VTA, without regard to conflict of law provisions.
j. Venue. Any lawsuit or legal action arising from this AGREEMENT must be commenced and prosecuted in the courts of Santa Clara County, California. CITY agrees to submit to the personal jurisdiction of the courts located in Santa Clara County, California for the purpose of litigating all such claims.
k. Attribution to VTA. CITY must include attribution to VTA that indicates PROJECT was funded by 2016 Measure B Funds. This provision applies to any project or publication that was funded 58 Item # C7.
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in part or in whole by 2016 Measure B Funds. Acceptable forms of attribution include 2016 Measure B’s branding on project-related documents, construction signs, public information materials, and any other applicable documents. VTA will provide 2016 Measure B branding to CITY.
l. Non-discrimination. The PARTIES and any contractors performing services on behalf of the PARTIES (“Contractors”) will not unlawfully discriminate or permit discrimination, harass, or allow harassment against any person or group of persons because of race, color, religious creed, national origin , ancestry, age (over 40) , sex, gender, gender identity, gender expression, sexual orientation, marital status, preg nancy, childbirth or related conditions, medical condition (including cancer), mental disability, physical disability (including HIV and AIDS), genetic information, or military and veteran’s status, or in any manner prohibited by federal, state, or local laws. In addition, the PARTIES and Contractors shall not unlawfully deny any of their employees family care leave or discriminate against such employees on the basis of having to use family care leave. The PARTIES and Contractors must ensure that the evaluation and treatment of their employees and applicants for employment is free of such discrimination and harassment.
m. Relationship of the PARTIES. It is understood that this is an AGREEMENT by and between independent parties and does not create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship other than that of independent contractor.
Signatures of PARTIES on following page.
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IN WITNESS WHEREOF, the PARTIES have executed this AGREEMENT as of the last date set forth below (“Effective Date”).
Santa Clara Valley City of Milpitas
Transportation Authority
Carolyn M. Gonot Steve McHarris
General Manager/CEO City Manager
Date Date
Approved as to Form: Approved as to Form:
Shannon Smyth-Mendoza
Senior Assistant Counsel
Christopher J. Diaz
City Attorney
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ATTACHMENT A
Service Parameters
1. Service Span: Service runs Monday through Friday. Service hours match current VTA fixed bus routes in Milpitas and will change accordingly if VTA service hours in Milpitas change at any point in the future.
2. Service Coverage: City limit of Milpitas, as shown in Figure 1.
3. Routes: Service is on-demand micro-transit service that has many virtual stops across the city limit of Milpitas to any one of four hub locations: City Hall, Metro Center Hub, Alder Station, and Milpitas Transit Center. Vehicles may pick up passengers from anywhere within the service coverage area and may take the shortest route to the next stop on the ever-updating vehicle itinerary.
4. Infrastructure: Service operates with seven minivans, three of which will be fully ADA accessible.
Service vehicle accommodates bicycles on board.
5. Fares: $2.5 regular fares and $1 for disabled, low-income, or youth population.
6. Online App: Passengers can book trips through mobile and web applications. All service data is available through a real-time dashboard. The software allows riders to pay in a variety of ways including cash, credit/debit cards, and any applicable VTA fare media. The online app offers seat selection options for mobility-limited riders/wheelchair users as well as standard seat types for ambulatory passengers.
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Figure 1: Service Coverage Map
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ATTACHMENT B
Project Management Plan Template
Submitted by: Contact for this PMP.
First submittal date:
Revision version & date:
PART A – PROJECT INFORMATION
1. Project Name:
2. Project Sponsor:
3. Partnering Agencies: <List all project partners>
4. Date
5. Project Description:
a. Service type
b. Service area, route & stops
c. Service span
d. Vehicles
<Note any accommodation of wheelchair users and bikes>
e. Scheduling
<Note any technology, website, online applications for the user and operators> f. Fare collection
<Describe how you plan to collect fares>
6. Project team
(Identify project staff/team/partner roles and responsibilities as applicable) a. Project Manager
<The PM must be a Member Agency staff. Please identify email/phone and VTA will contact the PM for any project or PMP questions.>
b. Procurement manager
c. Operations
d. Coordinator
e. Safety and Training
f. Marketing/outreach
g. Others
Attach a project organization chart.
PART B – FINANCIAL MANAGEMENT
1. Total project cost estimate:
a. Capital cost
b. Operating cost
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2. Source of Funds
(Identify 2016 Measure B fund and non-2016 Measure B fund sources)
PART C – PROJECT IMPLEMENTATION & MANAGEMENT
1. Project schedule
<Modify the following schedule table as needed.>
Project Milestone Month/Year
Release RFP for service provider/operator
Develop contract
Award/Execute contract
Recruit project staff
Conduct project outreach and marketing
Start-up operation (if applicable)
Full operation
2. Training and qualifications of project staff and operators
3. Agreements
<Identify any existing/anticipated agreements and provide date of execution & expiration>
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ATTACHMENT C
Insurance Requirements
CITY’S ATTENTION IS DIRECTED TO THE INSURANCE REQUIREMENTS BELOW. IT IS HIGHLY
RECOMMENDED THAT CITY CONFER WITH THEIR INSURANCE CARRIERS OR BROKERS IN ADVANC E OF
PROPOSAL SUBMISSION TO DETERMINE THE AVAILABILITY OF INSURANCE CERTIFICATES AND ENDORSEMENTS REQUIRED BY THIS CONTRACT.
INSURANCE
Without limiting City’s obligation to indemnify and hold harmless VTA, City must procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work hereunder by City, its agents, representatives, or employees, or subcontractors. The cost of such insurance must be included in Contract price. In the event of any material change in the Contract Scope of Services, VTA reserves the right to change the insurance requirements set forth herein. City must furnish complete copies of all insurance policies required herein, within five (5) business days of any request for such by VTA.
A. Liability and Workers’ Compensation Insurance
1. Minimum Scope of Coverage
Coverage must be at least as broad as:
a. Insurance Services Office General Liability coverage (“occurrence” form CG 0001), including Products/Completed Operations Liability. General Liability insurance written on a “claims made” basis is not acceptable.
b. Insurance Services Office Business Auto Coverage, Insurance Services Office form number CA 0001, covering Automobile Liability, code 1 “any auto.” Auto Liability written on a “claims-made” basis is not acceptable.
c. Workers’ Compensation insurance as required by the Labor Code of the State of California, and Employer’s Liability insurance.
65 Item # C7.
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d. Public Officials Errors and Omissions Liability , including limited contractual liability coverage, covering liability arising out of any negligent act, error, mistake or omission in the performance of City’s services under this Agreement. This coverage must be continuously maintained for a minimum of two (2) years following completion of this Agreement. This coverage may be written on a “claims made” basis, if so, please see special provisions in Section B.
e. Cyber Liability (including privacy liability and network security coverage).
2. Minimum Limits of Insurance
City must maintain limits no less than:
a. General Liability: $10,000,000 limit per occurrence for bodily injury, personal injury, and property damage. If a General Liability or o ther form with a general aggregate limit is used, either the general aggregate limit must apply separately to this project/location or the general aggregate limit must be twice the required occurrence limit. This requirement may be satisfied by a combinati on of General Liability with Excess or Umbrella.
Umbrella/Excess policies must feature inception and expiration dates concurrent with the underlying General Liability policy, “Follow Form” coverage, and a “Drop Down” provision.
b. Automobile Liability (including umbrella/excess liability): $10,000,000 limit per accident for bodily injury and property damage. This requirement may be satisfied by a combination of Auto Liability with Excess or Umbrella. Umbrella/Excess policies must feature inception and expiration dates concurrent with the underlying auto liability policy, “Follow Form” coverage, and a “Drop Down” provision.
c. Workers’ Compensation and Employer’s Liability: Statutory Workers’ Compensation limits and Employer’s Liability limits of $1,000,000 per accident.
d. Public Officials Errors and Omissions Liability : $2,000,000 each occurrence/aggregate minimum limit per claim. This requirement may be satisfied by a combination of Professional Liability with Excess or Umbrella. Umbrella/Excess polic ies must feature inception and expiration dates concurrent with the underlying professional liability policy, “Follow Form” coverage, and a “Drop Down” provision.
e. Cyber Liability: $1,000,000 per occurrence.
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3. Self-Insured Retention
If City is a governmental authority such as a state, municipality or special district, self - insurance is permitted.
B. Claims Made Provisions (not applicable to General Liability or Auto Liability)
Claims-made coverage is never acceptable for General Liability or Auto Liability. Claims-made may be considered for Professional, Environmental/Pollution, or Cyber Liability. If coverage is written on a claims-made basis, the Certificate of Insurance must clearly state so. In addition to all other coverage requirements, such policy must provide that:
1. The policy must be in effect as of the date of this Agreement and the retroactive date must be no later than the date of this Agreement.
2. If any policy is not renewed or the retroactive date of such policy is to be ch anged, City must obtain or cause to be obtained the broadest extended reporting period coverage available in the commercial insurance market. This extended reporting provision must cover at least two (2) years.
3. No prior acts exclusion may be added to the policy during the contract period.
4. The policy allows for reporting of circumstances or incidents that might give rise to future claims.
C. Other Provisions
The policies must contain, or be endorsed to contain, the following provisions:
1. General Liability and Automobile Liability
a. VTA, its directors, officers, officials, employees and volunteers are to be named as additional insureds as respects: liability arising out of activities performed by or on behalf of City, including VTA’s general supervision of City; products and completed operations of City and its subcontractors; premises owned, occupied or used by City; or automobiles owned, leased, hired or borrowed by City. The coverage must contain no special limitations on the scope of protection afforded to VTA, its directors, officers, officials, employees, or volunteers. Additional Insured endorsements must provide coverage at least as broad as afforded by the combination of ISO CG 20 10 10 01 and CG 20 37 10 01
b. Any failure to comply with reporting provis ions of the policies may not affect coverage provided to VTA, its directors, officers, officials, employees, or volunteers.
c. City’s insurance must apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 67 Item # C7.
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d. The General Liability General Aggregate limit must apply per project, not per policy.
e. Products/Completed Operations Liability coverage must be maintained for a minimum of two (2) years following completion of this Contract.
2. All Coverages
a. The insurer must agree to waive all rights of subrogation against VTA, its directors, officers, officials, employees, and volunteers for losses arising from work performed by City and its subcontractors for VTA.
b. City’s insurance coverage must be primary insurance as respects VTA, its directors, officers, officials, employees, and volunteers. Self-insurance or insurance that may be maintained by VTA, its directors, officers, officials, employees, or volunteers may apply only as excess to City’s insurance. City’s insurance must not seek contribution from VTA’s insurance program.
3. Other insurance provisions
a. The Certificate must disclose the actual amounts of all deductibles or self -insured retentions.
b. If any coverage forms or endorsements required by this Contract are updated by their publishers, whether they be the insurance carrier(s), the Insurance Services office, or the American Association of Insurance Services, during the duration of this Contract, VTA reserves the rights to require City to procure said coverage forms or endorsements using the updated versions upon the next renewal cycle.
D. Acceptability of Insurers
Insurance and bonds must be placed with insurers with an A.M. Best’s rating of no less than A VII (financial strength rating of no less than A and financial size category of no less than VII), unless specific prior written approval has been granted by VTA.
E. Certificates of Insurance
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City must furnish VTA with a Certificate of Coverage. The certificates for each insurance policy are to be signed by an authorized representative of that provider. City must instruct their insurance broker/agent to submit all certificates and required notices electronically in PDF format to [email protected]. All endorsements must be attached to the certificate in a single PDF document.
The certificates must (1) identify the insurers, the types of insurance, the insurance limits, the deductibles, and the policy term, (2) include copies of all the actual policy endorsements required above, and (3) in the “Certificate Holder” box include:
Santa Clara Valley Transportation Authority (“VTA”)
3331 North First Street
San Jose, CA 95134-1906
In the Description of Operations/Locations/Vehicles/Special Items Box, the VTA Contract number must appear, the list of policies scheduled as underlying on the Umbrella/Excess policy must be listed, Certificate Holder must be named as additional insured, and Waiver of Subrogation must be indicated as endorsed to all policies as stated in the Contract Documents.
It is a condition precedent to award of this Contract that all insurance certificates and endorsements be received and approved by VTA before Contract execution. No work may be performed until insurance is in full compliance. VTA reserves the rights to require complete, certified copies of all required insurance policies, at any time.
If City receives notice that any of the insurance policies required by this Exhibit may be cancelled or coverage reduced for any reason whatsoever, City must immediately provide written notice to VTA that such insurance policy required by this Exhibit is canceled or coverage is reduced.
F. Maintenance of Insurance
If City fails to maintain insurance as required herein, VTA, at its option, may suspend payment for work performed and/or may order City to suspend work at City’s expense until a new policy of insurance is in effect.
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ATTACHMENT D
Transit Operations Program Guidelines
(Adopted by VTA Board of Directors on October 5, 2017)
Definition from Resolution No. 2016.06.17
The revenue from this program category will provide additional funds specifically for bus operations to serve vulnerable, underserved, and transit dependent populations throughout the county. The goals of the program category are to increase ridership, improve efficiency, enhance mobility services for seniors and disabled, and improve affordability for the underserved and vulnerable constituencies in the county. As VTA considers modifications to bus operations and routes to improve ridership and efficiencies, these funds may also be utilized to maintain and expand service to the most underserved and vulnerable populations. The funds may be used to increase core bus route service frequencies, extending hours of operations to early morning, evenings and weekends to improve mobility, safe access and affordability to residents that rely on bus service for critical transportation mobility needs. Attachment D describes the list of Candidate Projects and Programs.
Total Funding
$500 million in 2017 dollars.
Distribution
VTA anticipates that allocations will be programmed based upon the total allocation for the Transit Operations Program contained in 2016 Measure B divided by the number of years in the measure.
Future allocations will vary depending upon the amount of sales tax revenue collected. The Transit Operations Program Area funding will be allocated for the following four programs identified in 2016 Measure B Attachment D:
o Enhance Frequent Core Bus Network by increasing core bus route service frequencies, and expanding or adding additional evening, late night and weekend service.
o Expand mobility services and affordable fare programs for seniors, disabled, students and low-income riders.
o Support new/innovative transit service models to address first/last mile connections and transit services for the transit dependent, vulnerable populations and paratransit users that is safe and accountable. o Improve amenities at bus stops to increase safety, security and access with lighting and access improvements.
The proposed allocations for the four categories are as follows:
2016 Measure B Transit Operations Program Area
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Area Funding Allocation (Proposed)
Frequent Core Bus Network 73%
Innovative Mobility Models & Programs 8%
Fare Programs 15%
Bus Stop Amenities 4%
Implementation
For FY18 & FY19 Budget Allocation:
The Enhanced Frequent Core Bus Network will directly fund VTA’s core bus network of services increasing core bus route service frequencies, and expanding or adding evening, late night and weekend service.
The Fare Programs will fund the Transit Assistance Program (TAP) and reduced fares for youth.
The Innovative Transit Models Program will support goals to address first/last mile connections. Strategies may include competitive grant programs to help fund services operated by local jurisdictions, utilize excess paratransit capacity, and other programs that encourage investments in local service.
The Bus Stop Amenities Program will directly fund improvements at VTA’s bus stops.
The bus stop improvements will be prioritized based on VTA’s Transit Passenger Environment Plan and ongoing maintenance needs.
Six to 12 months into the implementation of the Next Network, staff will have ridership data available to evaluate potential increases to the ridership hours where we see higher demand for service. To meet our commitment as expressed in 2016 Measure B and in collaboration with the public, VTA will make increased investments in service hours in the system focusing on those areas where we see the greatest demand by transit dependent populations.
VTA will consider the potential for further reducing the fares for seniors and youth with a requested goal of free rides.
Criteria
Only projects and programs currently listed on 2016 Measure B Attachment D are eligible.
Requirements
For potential competitive grants for the Innovative Transit Models Program:
o Reporting requirements will be detailed in agreements executed with VTA for project funding.
o All applications must include a delivery schedule.
o Funds will be available on a reimbursement basis.
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improvements projects.
All collateral material will be required to display a 2016 Measure B logo.
72 Item # C7.
N/A City of Milpitas
City Council Priorty:
Project Location:
Managing Department:
Contract Person:
Project Stage:
Community Improvement Projects
Milpitas OnDemand
3493
Project No.
Category:
No
Community Improvement
Estimated Schedule :
Design
Construction
Reoccuring Project:
2023
Description
This project provides for an 12-month pilot program to provide micro-transit connection services throughout Milpitas. The proposed demand-responsive micro transit service will operate as a “hub and spoke model”, an innovative service model that functions as a hybrid between first-last mile and point-to-point service. Riders will be able to book trips from any one of nearly a hundred virtual stops across the City to any of the “hub” locations and vice versa. The goal of the program is offer a convenient service to Milpitas’ residents, commuters, and vulnerable/transit dependent populations, including those not conveniently served today by fixed bus and rail routes. The program harnesses cutting-edge technology to provide safe, convenient, affordable, and much- needed first-last mile connections for Milpitas residents.
Notes
Transportation and transit
Citywide
Planning
Ned Thomas [3273]/Jay Lee
[2713]
Planning
73 Item # C7.
Project No. 3493
9/21/2021
Estimated Cost
Phase Prior Year FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 Total Administration 0 1,355,916 0 0 0 0 1,355,916
TOTAL $0 $1,355,916 $0 $0 $0 $0 $1,355,916
Funding Source
Prior Year FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 Total Grants 0 1,084,732 0 0 0 0 1,084,732
Develoer fees 0 200,000 0 0 0 0 200,000
General
Government CIP
Fund 0 71,184 0 0 0 0 71,184
TOTAL $0 $1,355,916 $0 $0 $0 $0 $1,355,916
Finance Notes
Operating Impact Notes
City of Milpitas N/A
Community Improvement Projects
Milpitas OnDemandCouncil
Approval
Uncommitted Balance
as of 5/31/2021
N/A
74 Item # C7.
MEMORANDUM
Writer’s Direct Telephone: 408.321.5683
TO: Jay Lee, Principal Planner
City of Milpitas
FROM: Nicole He
2016 Measure B Program Office
DATE: 03/11/2021
SUBJECT: 2016 Measure Innovative Transit Service Models Funding Award:
FY20-FY21 Funding Cycle
____________________________________________________________________________
Hi Jay,
For the FY20 – FY21 funding cycle, your 2016 Measure B Innovative Transit Service Models project has been awarded the following:
• Milpitas OnDemand
• 18 Months
• $1,084,732
A draft funding agreement for the Milpitas OnDemand project will be sent to you for review and processing.
If you have any questions, feel free to contact me at [email protected] .
75 Item # C7.
455 E. Calaveras Blvd., Milpitas, CA 95035 www.ci.milpitas.ca.gov Superior Customer Service Open Communication Integrity and Accountability Trust and Respect Recognition and Celebration City of Milpitas
December 7, 2020
Ms. Jane Shinn
2016 Measure B Program Manager
Valley Transportation Authority
3331 N. First Street
Santa Clara, CA 95134
Dear Ms. Shinn:
I am pleased to present Valley Transportation Authority (VTA) with the enclosed City of Milpitas Measure B proposal entitled “Milpitas OnDemand,” requesting $1,084,732 for our proposed first-last mile public transportation program. In partnership with RideCo, a transportation consulting agency that specializes in micro-transit solutions for local governments, we are proposing micro-transit connection services across all of Milpitas. The City will supplement an award from VTA with $271,183 or 20% in cost-sharing, and projects serving 150,019 riders over the 18-month grant period through our app-based transportation solution.
The proposed demand-responsive micro-transit service will operate as a “hub and spoke” model, an innovative service model designed by RideCo that functions as a hybrid between first-last mile and point-to-point service.
Riders will be able to book trips from any one of nearly a hundred virtual stops across the City to any of the “hub” locations and vice versa. VTA would be just the second transit agency globally to launch such a program, which was launched by RideCo in Calgary, Alberta in 2019 and continues to run with great success.
The goal of the program is to offer a more convenient service to Milpitas’ commuters, including those not conveniently served today by fixed bus route service, and significant vulnerable/transit-dependent population by supporting and complementing VTA’s existing bus and rail services. The program harnesses cutting-edge technology to provide safe, convenient and much-needed first-last mile connections for Milpitas residents that is cost-effective for VTA and affordable for daily riders. By supporting this project, VTA has the opportunity to provide a safe transportation option for riders during the pandemic, while also testing the feasibility for a long- term public transportation solution for Milpitas. Our 18-month pilot program will help us evaluate program performance, adjust service based on ridership data, and understand the long-term ridership potential in light of the pandemic and beyond. Although transit ridership is down across the country and especially in the Bay Area, the program will position Milpitas to overcome this challenge by offering a flexible and scalable service.
Together, VTA and the City of Milpitas can make a difference in advocating for and advancing innovative public transportation solutions in Santa Clara County. We are grateful for your consideration of our proposal.
Sincerely,
Ashwini Kantak
Assistant City Manager
City of Milpitas
Attachment: 2016 Measure B Innovative Transit Service Models Competitive Grant Application 76 Item # C7.
2016 Measure B
Innovative Transit Service Models Competitive Grant Application (Rev.10.05.2020) P age 1 of 20
APPLICATION GENERAL INSTRUCTIONS
• Use this form to apply for 2016 Measure B Innovative Transit Service Models competitive grant funds. All descriptive notes in this form are in blue text. Please answer all parts of the application.
Detailed step-by-step instructions will also be provided for this application. • You can include additional information as an attachment if you require more space to answer the questions. Please make clear references to any attachments in your narratives. • Submit one application in PDF format for each project to [email protected] PART 1: SPONSOR INFORMATION
Primary Project Sponsor1
Project Co-applicant(s)
(if applicable)
Contact person from Primary Project Sponsor Agency regarding this application:
Name
Title
Department
Email
Phone
PART 2: PROJECT INFORMATION & ELIGIBILITY
Project Name
Project Webpage
(if any)
Project Duration
Service Type
(on-demand, fixed-route or
others, please explain)
Description of
transportation services
provided
Please describe the proposed service plan, including service route(s)/service zone, service span and frequency, vehicle need, targeted population, and the intent of the project.
*IMPORTANT: Proposed service must not duplicate2 existing VTA3 or another transit provider or city’s services.
City of Milpitas
RideCo Inc
Jay Lee
Principal Planner
Planning Department
[email protected]
408-586-3077
Milpitas OnDemand
Not Applicable
18 Months
On-Demand First Last Mile Program
77 Item # C7.
2016 Measure B
Innovative Transit Service Models Competitive Grant Application (Rev.10.05.2020)
(Continued) Description
of transportation
services provided
Description of
geographic areas served
A project service map is required. Include service routes, pick-up & drop-off locations, connections to existing transit stops, and project limits, as appropriate.
Please see the document entitled "Attachment 1. Narrative Responses, Measure B Innovative Transportation Grant
Application"
See Part 2: Project Information & Eligibility
Description of transportation services provided
The proposed project covers all of Milpitas, with the borders of the zone being the city limits.
Passengers will be able to hail pickups at any one of nearly 100 "virtual stops" throughout the City, ensuring that no passenger is ever more than a five-minute walk from their nearest virtual stop. In a "virtual stop" service model, passengers are directed to a safe, well-lit location that is a short walk from their door. Examples of virtual stop locations include community mailboxes, specific intersections, and existing physical bus stops. Virtual stops can be added/removed/moved in a matter of seconds with no service downtime.
There are no "routes" in the traditional sense, since the service is dynamically routed and vehicle itineraries are updated every 30 seconds to optimize for shared rides. In other words, vehicles may pick up passengers from almost anywhere and may take the shortest route to the next stop on the ever-updating vehicle itinerary. In this "hub-and-spoke" service, the virtual stops will function as the "spokes," while the "hubs" will be City Hall, Metro Center Hub, Alder Station, and Milpitas Transit Center (including the BART Station). 78 Item # C7.
2016 Measure B
Innovative Transit Service Models Competitive Grant Application (Rev.10.05.2020)
Total Project Cost
Estimate
(in current dollars)
2016 Measure B Request
Amount
(minimum $250,000)
Non-2016 Measure B
Contribution %
(minimum 10%)
Date
1. Primary project sponsor must be a Member Agency. Member Agencies include all fifteen cities, VTA and the County of Santa Clara in Santa Clara County.
2. Funding an existing service is not considered duplication.
3. Please refer to VTA’s Regular Service Map: https://www.vta.org/go/maps
Signature Name Title Date
IMPORTANT: The application must be signed by Public Works Director, Agency Manager or equivalent senior-level staff or his/her designee. Electronic signatures are acceptable. $1,355,916
$1,084,732
$271,183 (20%)
December 7, 2020
Ashwini Kantak Assistant City
Manager
12/07/2020
79 Item # C7.
2016 Measure B
Innovative Transit Service Models Competitive Grant Application (Rev.10.05.2020)
PART 3: PROJECT DESCRIPTION
3.1 Does the project present any innovation in its project delivery? (Max. 20 points) (a) What are the two most innovative aspects of your project? Please select two of the following:
☐ Unique partnership and/or funding arrangements, such as partnerships with other local agencies, innovative mobility providers, technology suppliers, and other partners. ☐ Flexible models of transit service delivery, such as on -demand bus and microtransit operations and/or flexible scheduling.
☐ Technical capabilities, such as:
• Integrated payment system,
• Incentives for traveler choices,
• Mobile application,
• On-demand software, and/or
• Real-time transit data.
☐ Innovative data sharing arrangement and/or data collection methods, such as • Open data platform,
• Crowdsourcing information and/or incentive-based participation in data collection. ☐ Others; please briefly identify any other innovations in your project:
Note that we have selected three innovative aspects of our model, but we view our selection of "other additional innovations" as an extension of both the check boxes we selected above for "flexible models of transit delivery" as well as "technical capabilities." For details of our additional innovations, please see the document entitled "Attachment 1. Narrative Responses, Measure B Innovative Transportation Grant Application"
See 3.1(a) Does the project present any innovation in its project delivery? (20 points) Others; please briefly identify any other innovations in your project 80 Item # C7.
2016 Measure B
Innovative Transit Service Models Competitive Grant Application (Rev.10.05.2020)
(b) Please describe the innovations in your project, with consideration to the following:
• Is your project a new idea to Santa Clara County, i.e. not duplicative of other existing transit services? • If your project provides on-demand service, how is it different from other existing on-demand operations?
• What organizations or agencies are you partnering with? • Is your project market-ready? What are the expected utilities of your new service models, systems and/or technologies?
• Is your project replicable in other communities or transferable to other transportation agencies? • What existing mobility challenge/difficulty does the project address? Does it provide any cost/time savings to existing conditions? Consider the impact of COVID-19 pandemics on transit.
While we understand that the general concept of on-demand transit was previously piloted by the VTA in the form of the Flex service, this service is no longer operational and thus there is no overlap between the proposed and current services. Though local bus routes operate in some of the same coverage area as the proposed demand-response service, the current bus lines only conveniently serve a percentage of the population of Milpitas.
The proposed service would save not just time but also money for passengers that currently drive to the Milpitas BART station. Parking at the Bart station costs $3 per day or $50 per month with a pass. This is on top of the additional cost of gas and the time spent looking for parking in a sometimes rather busy lot. Taking the proposed on-demand service will be more convenient than driving and will save daily commuters potentially hundreds of dollars per year, which is particularly beneficial for lower income individuals.
Compared with Flex, Milpitas' new program will be similar only in that it is also an on-demand transit service; the zone, service model, and technological architecture powering the service are fundamentally different. The service model is specifically designed for connections with transit hubs, caters to the general public (including both ambulatory and mobility-limited riders), and uses a software that has best-in-class routing and passenger pooling capabilities. Other differences between Flex and our proposed service include: shorter travel times, app-based booking, real-time on-demand bookings, flexible vehicle itineraries, dynamic vehicle routing, improved passenger communication (in regards to vehicle location, ETAs, delays etc.), and full automation of the booking/scheduling/routing process.
The City of Milpitas has partnered with RideCo for the proposed service. RideCo will serve as the primary contractor and will oversee the day-to-day management of the service, subcontracting vehicle operations to Yellow Checker Cab Company. Yellow Checker Cab has been providing service in San Jose and the surrounding areas since 1938 and currently provides paratransit overflow services for the VTA in a number of cities. They are trusted for using only local, highly skilled drivers who undergo a rigorous training process and provide high quality customer service. RideCo will be in charge of ensuring the smooth operation of the service and overseeing the training and service performance of Yellow Checker Cab and its drivers.
Our proposed solution is currently market ready, and can launch in as few as eight weeks. Our technology partner has launched more than 30 demand-responsive microtransit services around the world and has worked with some of the largest transit agencies in the country, including Los Angeles Metro, Metro Houston, and San Antonio's VIA Metro. The proposed hub-and-spoke model has been proven successful in RideCo's on-demand service for Calgary Transit in Alberta, Canada by drastically reducing wait times for pickup and time spent transiting in vehicles. 81 Item # C7.
2016 Measure B
Innovative Transit Service Models Competitive Grant Application (Rev.10.05.2020)
The expected benefits of the proposed service model are to improve access to regional transit for residents of Milpitas and promote equity for all residents of the City by improving service coverage as compared to the current fixed bus routes. This new service will enable every resident to connect to express buses and trains heading to other cities while significantly increasing general mobility within the City itself. Another major benefit stemming from the proposed service is improved connectivity to the Metro Center Hub, an area of major economic development in Milpitas. Finally, the service will improve access to the industrial employment areas in the southwestern areas of the city, which currently have much lower levels of bus service compared to the rest of the City.
RideCo's services are highly customizable to the specifics of each zone in which they operate. This, coupled with their fleet partner's flexible vehicle supply, will allow the service to scale with ease if, in the future, ridership grows to where additional service vehicles are required to meet growing ridership demand. This type of on-demand service is easily replicable in other communities within the VTA's catchment area, as well as easily transferable to other transit agencies in nearby areas.
The flexibility of RideCo’s service model has enabled the company to develop a proposed partnership with Milpitas that meets the transit demands of our different communities. The service model is based on an analysis of ridership demand, travel patterns, and municipal economic development strategy. The technology used can support other municipalities in the area considering an on-demand service, but each municipality will need to consider the service model that best suits their residents' needs. For instance, out target cost-per-passenger for this specific service is $7 to $9; this is only achievable due to the efficiencies created by the proposed hub-and-spoke service model. In another city of a different population, economic situation, and/or geographical layout, a hub-and-spoke microtransit service may not prove as effective.
This project addresses the existing mobility challenges of quickly transporting daily commuters to employment centers and transit hubs in Milpitas. Additionally, we propose to improve the quality of service for limited mobility riders requiring accessible service who take trips that connect with light rail or fixed-route express buses, by improving the booking process, modifying the routing and scheduling to on-demand, offering app-based booking, and by improving communication to passengers through real-time updates in app vehicle tracking.
Additionally, the proposed service can be scaled down easily to reduce operational costs even further in the event that ridership remains low or declines due to the ongoing pandemic.
82 Item # C7.
2016 Measure B
Innovative Transit Service Models Competitive Grant Application (Rev.10.05.2020)
(c) How does your service help recover transit ridership during/after COVID-19 pandemic, in an innovative way?
Ridership on many VTA routes fell earlier this year due to the ongoing COVID-19 global pandemic. Ridership fell so drastically for some routes that the cost of operating these routes has become highly inflated despite some growth in ridership in recent months.
Many daily bus riders began to work from home, while others took to driving to reduce their risk of COVID-19 infection, leaving only essential workers without access to vehicles as the primary bus riders in the Bay Area. The risk of infection associated with riding a public bus during the pandemic has made previously simple tasks like buying groceries or attending doctors' appointments a risky endeavor for many of our residents.
Many transit riders, especially daily commuters, are currently wary of taking the bus due to the risk of COVID infection. Our on-demand service will not only reduce in-vehicle times by approximately 50%, but the software we propose can be configured such that only a limited number of passengers are permitted in a single vehicle at once. This enables us to give riders confidence that that their in-vehicle exposure risk will be much lower. The advanced technology that RideCo brings to its service model enables Milpitas to offer an affordable and convenient way to access higher frequency regional transit and entice riders back to public transportation.
By improving first-last-mile experiences across the entire City of Milpitas, the proposed service will ensure that essential workers can get to work during the pandemic and enable non-essential workers to access a transit program that minimizes their travel time while increasing their comfort levels (i.e., their feelings of safety and well-being). We believe that improving first-last-mile options is the single most important factor to not only regain lost ridership, but to attract new riders on existing fixed-route transit. As over 40% of Milpitas residents work outside the City, quick and reliable access to rapid transit is crucial for many residents to maintain their current employment levels; this is true for lower-income residents in particular. As an example of the efficacy of on-demand transit: RideCo's largest service in San Antonio, Texas saw a reduction in ridership of only 20% during the peak of COVID, which is significantly better than the average transit agency's reduction of over 50%.
A major innovation specific to RideCo's unique brand of on-demand transit is that service levels can be scaled up or down on very short notice to either reduce the cost of operating the service when ridership decreases or to increase levels of service when ridership increases post-COVID and into the future. The proposed service is highly flexible and allows for addition or removal of service vehicles to/from the road with short notice, which allows us to match vehicle supply to ridership demand on a day-to-day basis.
83 Item # C7.
2016 Measure B
Innovative Transit Service Models Competitive Grant Application (Rev.10.05.2020)
3.2 Does the project provide any first/last mile connection to transit? (Max. 20 Points) (a) Does/Will the project service accommodate bicycles on board? ☐ Yes ☐ No
(b) Where are the proposed pick-up/drop-off locations of your project service? Please list the cross streets or the point(s) of interest such as “ABC shopping center” or “XYZ medical plaza”. Also, please provide a map identifying the route(s) and pick-up/drop-off locations.
If your service is on-demand and has no fixed pick-up/drop-off locations, please provide a map identifying the service zone.
Please provide the following data within the catchment area. If you answered YES to (a): The catchment area is calculated as 1 ½-mile actual biking distance of the pick-up/drop-off locations. If you answered NO to (a): The catchment area is calculated as ½-mile actual walking distance of the pick-up/drop-off locations.
REQUIREMENT: Attach a map identifying the connections to residential area, employment centers and transit within the catchment area.
Residents
Number of residents:
Data source:
Employment
Number of jobs:
:
Data source
The proposed service is fully on-demand and dynamically routed, and as such has far too many possible locations for pickup and drop off to be listed. Instead, a map identifying the service zone and potential virtual stops has been attached to the end of this proposal. The stop locations on that map have been generally identified, but will be further configured and refined by RideCo's service design team upon contract award.
Virtual stops, rather than fixed stops, will be used for this service. The advantages of using virtual stops over alternative models are many and include: the ability to quickly add/remove/move stops; the fact that they do not cost anything to implement as existing landmarks and intersections serve as designated virtual stops; the fact that virtual stops group riders together for pickup, as opposed to a door-to-door service model which is far less efficient; and finally virtual stops can be placed essentially anyplace that is well-lit and safe to board, which helps to reduce walking distances to pickup locations.
84,184
U.S. Census Bureau, 2019 American Community Survey 1-Year Estimates, Table DP05 51,461
California Employment Development Department (EDD), 2018 84 Item # C7.
2016 Measure B
Innovative Transit Service Models Competitive Grant Application (Rev.10.05.2020) P age 9 of 20
Existing or planned regional rail stations1
List the regional rail operators that serve or will serve the catchment area:
List the station names:
Existing or planned frequent transit stops/stations2
List the frequent transit lines that serve or will serve the catchment area:
List the stops locations/station names:
Existing or planned local transit stops/stations3
List the local transit lines that serve or will serve the catchment area:
List the stops locations/station names:
1. Regional rail service includes Caltrain, ACE, Capital Corridor, and BART .
2. Frequent transit is 15 minute or better frequency from 6:30a to 6:30p, M through F, including VTA’s light rail service. Refer to VTA’s Regular Service map: https://www.vta.org/go/maps
3. Local transit includes all non -frequent transit.
Bay Area Rapid Transit (BART)
Milpitas Station: 1755 S. Milpitas Blvd, Milpitas CA 94566 Route 60
Route 66
Route 70
Please see the document entitled "Attachment 1. Narrative Responses, Measure B Innovative Transportation Grant Application" See 3.2(b) Does the project provide any first/last mile connection to transit? List the stops locations/station names for frequent stops/stations:
Route 20
Route 44
Route 47
Route 71
Please see the document entitled "Attachment 1. Narrative Responses, Measure B Innovative Transportation Grant Application"
See 3.2 (b) continued:
List the stops locations/station names for local stops/stations:
85 Item # C7.
2016 Measure B
Innovative Transit Service Models Competitive Grant Application (Rev.10.05.2020)
3.3 How does the project service benefit vulnerable/transit-dependent populations? (Max. 20 Points)
(a) Please describe the demographics to be served, their current local mobility challenges, and their needs for your transportation service.
Please see the document entitled "Attachment 1. Narrative Responses, Measure B Innovative Transportation Grant Application"
See 3.3 How does the project service benefit vulnerable/transit-dependent populations?
Part (a) Please describe the demographics to be served, their current local mobility challenges, and their needs for your transportation service. 86 Item # C7.
2016 Measure B
Innovative Transit Service Models Competitive Grant Application (Rev.10.05.2020)
(b) What is the estimated vulnerable/transit-dependent population, if any, within the catchment area of your project service (refer to the calculation of catchment area in section 3.2.b) ? You should briefly explain the process of estimation.
Any individual that demonstrates one or more of these following characteristics is considered “vulnerable/transit-dependent”:
• Individuals with disabilities;
• Individuals with low-income (as defined by MTC - person living in a household with incomes less than 200% of the federal poverty level established by the Census Bureau ); • Individuals with no personal vehicles; and
• Youth as defined for VTA’s fare structure: https://www.vta.org/go/fares#accordion-hide- youth-(5-18)
Note - You can find relevant tract-level data provided by MTC:
http://opendata.mtc.ca.gov/datasets/mtc-communities-of-concern-2018-with-american-community- survey-data-2012-2016
Milpitas is home to 6,266 individuals with disabilities, including cognitive difficulties, ambulatory difficulties, and self-care difficulties (Source: U.S. Census Bureau, 2019 American Community Survey 1-Year Estimates, Table S1810).
A "Low Income" individual, as defined by MTC, is a "person living in a household with incomes less than 200% of the federal poverty level established by the Census Bureau." Based on this definition, there are 8,186 low income individuals living in Milpitas (Source: U.S. Census Bureau, 2019 American Community Survey 1-Year Estimates, Table S1701).
"Youth," defined as individuals between the ages of 5 and 18 years old, number 9,761 in Milpitas (Source: U.S. Census Bureau, 2019 American Community Survey 1-Year Estimates, Table DP05).
2,691 residents in Milpitas do not have a vehicle (Source: U.S. Census Bureau, 2019 American Community Survey 1-Year Estimates, Table DP04) Our estimation process: As there is no American Community Survey table that provides a direct answer to this query, a Census representative calculated 2,691 residents through some simple calculations using ACS table DP04 queried to Milpitas:
There were 874 households in Milpitas that did not have a vehicle in 2019. In 2019, there was an average of 3.23 persons per household in owner-occupied Milpitas homes.
In 2019, there was an average of 2.94 persons per household in tenant-occupied Milpitas homes. (3.23 people + 2.94 people)/2= 3.08 persons per household in Milpitas 874 households without a vehicle * 3.08 persons per household in Milpitas = 2,691 residents in Milpitas did not have a vehicle in 2019 87 Item # C7.
2016 Measure B
Innovative Transit Service Models Competitive Grant Application (Rev.10.05.2020)
(c) How does the project address the mobility challenges in part (a) and better serve vulnerable/transit-dependent populations in part (b)?
The Milpitas OnDemand program will be available to all who live and work in the city. One benefit of this service is that it will enable better access to regional transit for commuters coming in and out of the city, however there is also a significant population of transit dependent individuals in Milpitas. In fact, of 84,184 residents, approximately 6,250 have a disability, 8,000 are considered low income, 9,700 are youth. Given that there is likely overlap in these communities, we estimate that approximately 1 in 5 residents are transit dependent.
We felt that a traditional first last mile service, providing connection only to high-frequency regional transit, would disproportionately serve the 40% of commuting residents who are less likely to be transit dependent. This was a major factor in our decision to propose the hub-and-spoke model, which creates the first-last mile connection while also providing increased intra-city mobility - specifically to frequently visited places.
Additionally, this service can supplement paratransit services by providing accessible transportation to people who have a disability or mobility challenges. Our fleet is designed to have enough accessible seats that a wheelchair passenger will get the exact same quality of service as an ambulatory passenger: an approximately 10-minute wait time and an on-board time mere minutes longer than a direct drive. Paratrasit users can rely on a fixed arrival time, providing them with greater predictability in their trips and better confidence in their plans.
We believe this is a major improvement in access and equity compared with the existing paratransit options in the City, especially since paratransit passengers can be registered to receive door-to-door service as opposed to the virtual stop/hub and spoke service. 88 Item # C7.
2016 Measure B
Innovative Transit Service Models Competitive Grant Application (Rev.10.05.2020)
89 Item # C7.
2016 Measure B
Innovative Transit Service Models Competitive Grant Application (Rev.10.05.2020)
3.4 Is the project service affordable for vulnerable/transit-dependent populations? (Max. 10 Points)
(a) What is the proposed fare structure of the project service? Fare Type Proposed Fare per Trip ($)
Regular – Adult
Disabled
Low-income
Youth
Other types, please
specify:
(b) Please describe if the project offers any additional discount, i.e. with monthly passes or annual passes, or by different payment methods.
$2.5
$1
$1
$1
Currently, we have no plans to offer passes or discounts. However, these options are available should the city of Milpitas or the VTA wish to provide them. Our technology provider offers can offer numerous payment options including cash, credit, transit pass, & transfer. The app is also able to accommodate discounts through customizable coupon codes.
90 Item # C7.
2016 Measure B
Innovative Transit Service Models Competitive Grant Application (Rev.10.05.2020)
3.5 Does the project serve an underserved market? (Max. 10 Points) An underserved market is a geographic area that currently has infrequent or no transit service. Please describe if the project:
• provides new or supplementary transit service to an underserved market; OR • targets new markets currently not served such as specific commute patterns and/or early morning/late night service.
Although certain neighborhoods in Milpitas are well served by public transit, particularly near VTA’s light rail stops and at the new BART station, much of the City is underserved. Several areas in the City are within a half mile of an existing or planned major transit stop or an existing stop along a high-quality transit corridor, which is defined as a corridor with fixed route bus service at intervals no longer than 15 minutes during peak commute hours. However, the entire eastern half of Milpitas, which houses many of the City’s residents who primarily commute to other cities for work, lies outside these well-served areas. Our proposed service will not only minimize the distance from transit, but also shorten wait times for underserved areas.
Additionally, several key employment centers along the western edge of the City are also underserved by public transit, including McCarthy Center, California Circle, and part of the Southwestern Employment Area. Per VTA’s Vehicle Miles Traveled (VMT) data, workers in these employment centers drive to work significantly more than the average employee in Santa Clara County. Furthermore, both residents and employees in many neighborhoods that are well served by transit still drive more than the average resident or employee in Santa Clara County, and especially in the northern half of the City. This demonstrates the need for better first-last-mile connections to encourage residents and employees to utilize existing transit services.
As Milpitas continues to prioritize housing and jobs growth near transit and existing employment centers through its long-range planning efforts, it is critical to ensure that on demand first-last-mile connections are in place to complement, support, and fully leverage the City’s existing bus and rail services. Milpitas is currently updating its Metro Specific Plan to accommodate significant additional development around the new BART station and implement active transportation infrastructure to complement future transit-oriented development. The City anticipates receiving a Regional Housing Needs Allocation (RHNA) of 6,000 to 7,000 units for the upcoming RHNA cycle, most of which will be accommodated in the Metro Specific Plan. The Metro Specific Plan will also create an innovation district to facilitate development of office/manufacturing flex space and increase the development capacity of office and commercial land uses by approximately 2,087,075 square feet. Furthermore, Milpitas is updating its General Plan, which will prioritize new development in various opportunity areas throughout the City.
The four hubs of RideCo’s service model will align with these opportunity areas where the demand for public transit will likely be the highest due to increased development density and housing and jobs growth. With an increasing residential population and workforce with varying transportation needs and commute times, Milpitas is in need of a flexible and complementary transportation service to make greater use of its existing public transit services and facilitate the shift from auto dependency to a balanced multimodal transportation network. RideCo’s on demand first-last-mile service makes the best possible use of the relocated BART station, filling an important gap in the existing transportation network to ensure that Milpitas’ growth will be accompanied by an increase in net transit ridership.
91 Item # C7.
2016 Measure B
Innovative Transit Service Models Competitive Grant Application (Rev.10.05.2020)
3.6 Project Timeline (Max. 5 Points)
(a) Have you completed a feasibility/planning study?
☐ Yes ☐ No
(b) Have you secured vehicles, equipment, and/or labor services required for the project? ☐ Yes No ☐
(c) H
av
e you launched the project service? If not, when do you expect to launch the service? If you answer No to (a) and/or (b), please provide an estimated timeline of project delivery (in Month/Year), including the completion of a feasibility/planning study and vehicles, equipment and labor services procurement.
Should the City of Milpitas be awarded the funds for this project through this grant proposal, we will have the service ready to launch within 14 weeks of award. We have a partnership in place with RideCo, which in turn has an agreement in place for fleet operations (vehicles, maintenance, drivers, etc.) with Yellow Checker Cab Company. Based out of San Jose, Yellow Checker Cab has been providing service in San Jose and the surrounding areas, including Morgan Hill, since 1938, and is currently a partner of the VTA for paratransit overflow services in a number of cities.
A detailed timeline has been included as an attachment. 92 Item # C7.
2016 Measure B
Innovative Transit Service Models Competitive Grant Application (Rev.10.05.2020)
3.7 Project Cost (Max. 10 Points)
2016 Measure B Fund Request
Non-2016 Measure B Funds
Total Project Cost (in current dollar)1
% Non-2016 Measure B Contribution2
Notes:
1. Total project cost includes both capital cost and operating cost, as well as other miscellaneous costs.
2. % Non-2016 Measure B contribution should be calculated as (Non -2016 Measure B funds/Total Project Cost) x 100%.
You must attach a breakdown of cost estimates, including capital costs and operating costs. List all your assumptions.
Please list any existing or anticipated Non-2016 Measure B fund sources if known.
$1,084,732
$271,183
$1,355,916
20%
The City will provide a 20% local match to help fund the program. The two Non-2016 Measure B fund sources are described below.
1. Developer contribution: The City received a $200,000 contribution from Embarcadero Capital Partners (ECP) and Bride Development to fund a future shuttle program following the Partial Assignment and Assumption Agreements for an industrial development project on McCarthy Boulevard.
2. Staff time: The City will also contribute staff time equivalent to 5% of the grant amount to complete administrative, marketing, reporting, and data collection tasks. 93 Item # C7.
2016 Measure B
Innovative Transit Service Models Competitive Grant Application (Rev.10.05.2020)
3.8 Cost-effectiveness (Max. 15 Points)
(a) Please provide the following estimates:
Project Duration for 2016
Measure B Fund Request
Total Operating Cost
Total Forecasted Ridership
(passenger trips)
Estimated cost per passenger trip
Note: “Estimated cost per passenger trip” is calculated as “total operating cost” divided by “total forecasted ridership” in the duration.
(b) Please describe the methodology of estimating the total operating cost (excluding capital costs), with data sources if any. Consider the impact of COVID-19 on operations and list all assumptions.
18 months
$1,280,916
approximately 150,000
$8.54
Our partner RideCo was able to provide us with a total operating cost budget.
Provided below is an explanation of their estimate, which is also attached:
Vehicle operations are the most expensive component of the proposed service. RideCo worked with Yellow Checker Cab to identify the hourly operating cost of one vehicle - including all labor, maintenance, amortization, and other expenses.
The total operating cost of the vehicles is equal to (hours of service per day) * (number of vehicles in operation) * (days of service per year) * (per-vehicle hourly cost).
RideCo prices their services and software on the same basis - a fully loaded cost per vehicle hour. The same calculation can be made here.
By adding these two amounts together (vehicle costs and software costs) and folding in the marketing budget, we arrive at the total operations budget for one year.
The full financial breakout can be seen in the attachments. 94 Item # C7.
2016 Measure B
Innovative Transit Service Models Competitive Grant Application (Rev.10.05.2020)
(c) Please describe the methodology of ridership forecast with data sources if any. If your project is in operation, please also provide existing ridership. Consider the impact of COVID-19 on ridership and list all assumptions.
Ridership projections were developed through a variety of data sources. This data includes, but is not limited to:
- VTA Boardings by Stop (see attached Spreadsheet)
- VTA fixed-route ridership
- Census population & employment data
- Income distribution map of Milpitas residents
- Microtransit ridership of similar RideCo & competitor projects - Expected net new ridership of surrounding geography
By analyzing these and similar data sources, we are able to confidently project a range for expected daily patronage.
We are able to model the number of vehicles to be operational at launch and at full-scale service by confidently forecasting ridership expectations and carefully executing a marketing & communications plan.
We started with an analysis of the available ridership data. Specifically, we looked at the average number of daily boardings at the stops near our identified hubs from February 2020. This provided us a clear baseline for the trip volume to our hub locations. Recognizing that boardings only represent “First Mile” trips, we doubled the number to account for the return or “Last Mile” trips. This provided us with a total potential trip volume of 8,000 rides pre COVID-19 – if we assume a 100% conversion rate (i.e., the percent of riders who use the service to access connecting transit). We then looked at the conversion rate experienced by RideCo in other first-last-mile services they operate and arrived at an estimate of 417 rides per day to and from our Hub locations.
We then looked to validate this estimate by cross referencing general public transit ridership per capita for the surrounding geographic region. In this way, we were able to confidently predict an expected range for daily ridership.
We recognize that it takes time for riders to adopt the new service and have assumed a six month ramp-up period that is in line with the rate of adoption seen in other on demand programs.
On demand microtransit projects across North America have indicated that with effective marketing, daily ridership can be accurately projected with just two metrics for the catchment area: population and job count. In general, medium-low household income levels show the highest conversion to using on-demand transit.
The impact of COVID-19 cannot be understated. Our ridership projection methodology was adapted to take into account the influence of the current global pandemic. Analysis of the VTA network and peer agencies/cities provides our team with an understanding of COVID's true impact, and is a strong consideration when finalizing early-stage and full-maturity demand projections. The ridership projections can be found in the attachments 95 Item # C7.
2016 Measure B
Innovative Transit Service Models Competitive Grant Application (Rev.10.05.2020)
PART 4: ATTACHMENTS
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• Required attachments:
Project service map
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Catchment area map – identify connections to residential areas, employment centers, and existing transit
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Project cost estimates – identify capital costs and operating costs breakdown • O
ptional attachments:
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Project executive summary
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Ridership data (if applicable)
Feasibility/planning study - executive summary
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☐
D
ocumentation of vehicles, equipment, and/or labor services acquisition ☐
Other (please specify):
PART 5: SUBMISSION
The application packet will be accepted via email to [email protected]. • Subject Title: 2016 MB Innovative Transit Application – Your Agency Name, Abbreviated Project Name
• For questions, please email: Nicole He ([email protected]) or Triana Crighton ([email protected])
• Format: Every effort should be made to convert the completed application form and all scanned files to PDF format with optical character recognition (OCR). • Application Package: Please minimize the application packet size (max. 25MB) for emailing. You may provide a direct download link if the package size is over 25MB.
Additional optional attachment: A detailed timeline of proposed activities 96 Item # C7.
1 Attachment 1. Narrative Responses, Measure B Innovative Transportation Grant Application
Part 2: Project Information & Eligibility
Description of transportation services provided
The City of Milpitas, in partnership with RideCo, will implement an on-demand microtransit system that operates citywide. This will be a significant coverage increase compared to the existing VTA fixed bus routes and will provide service to a larger percentage of our local population than the current fixed routes alone.
The proposed microtransit service will function using a "hub and spoke" model, an innovative new type of service model designed by RideCo. Compared to a traditional first-last-mile service, hub and spoke is far more flexible and covers a larger number of hub destinations, including transit centers but also employment centers and shopping centers. Hub and spoke provides the high productivity of a first-last-mile service while providing riders with more mobility options. Riders will be able to book trips from any one of nearly a hundred virtual stops across the City to any one of four "hub" locations, including City Hall, Metro Center Hub, Alder Station, and Milpitas Transit Center.
Alternatively, riders can book trips from any one of these hubs to any virtual stop, or from one hub to the next.
Riders are restricted to traveling to or from one of four hubs. Three of the hubs provide connections to high frequency transit, and one (City Hall Hub) will create additional mobility in the network. All four hubs are within easy walking distance (1/2 mile) of housing, jobs, and services.
Service hours for the proposed service will match those of the current VTA fixed bus routes in Milpitas, and will change accordingly if VTA service hours in Milpitas change at any point in the future. Riders anywhere in the City will be able to walk to their nearest virtual stop in under five minutes, whereas many of our residents currently have to walk upwards of 20 minutes to reach the nearest available bus stop, rendering daily VTA bus trips impractical.
Additionally, whereas riders of the current VTA bus routes may wait 20 minutes or more between buses (per current headways on routes within Milpitas), our proposed on- demand transit system will never make riders wait more than 15 minutes; on average, riders will actually wait closer 10 minutes or less for pickup. Similar to app-based ridesharing services, hub locations will provide “front-door service,” and virtual stops are sufficient in number and suitably located to improve upon current fixed route service.
This service will operate using seven minivans, three of which will be fully ADA- accessible, and will primarily serve daily commuters who work at or near the four identified hubs, as well as commuters who take fixed-route transit to and from work 97 Item # C7.
2 each day. The app will offer seat selection options for mobility-limited riders/wheelchair users as well as standard seat types for ambulatory passengers.
The intent of this project is to improve the level of transit service for commuters (while also accommodating disabled and transit-dependent residents), by supplementing the fixed VTA bus routes with an on-demand app-based microtransit service that offers faster trips, shorter wait times, and an easy and secure way to book rides.
3.1(a) Does the project present any innovation in its project delivery? (20 points)
Others; please briefly identify any other innovations in your project The first innovative aspect of our proposal is the “hub and spoke” addition to the traditional point-to-point on-demand service model. We understand that demand responsive transit has been around for a number of years and may not be considered inherently innovative. However, the proposed service model is an innovation on traditional first-last mile service in its ability to transport riders not just to a single “hub,” but to four hubs (i.e., transit and major employment centers). This style of service can also allow passengers to travel to multiple "spokes" via a hub location without having to book two separate trips. This model, developed by RideCo's team, has been deployed in Calgary, Alberta with great success, and will be used in our proposed service to improve the passenger experience and the productivity of the service. Our hub-and- spoke model is also innovative in its ability to target the first-last-mile challenge for commuters by grouping passengers heading to the same hub and by only permitting trips to or from these hubs. Another innovative feature of the service is that RideCo's software schedules trips based on arrival time rather than departure time, which allows for "time channeling," or seamlessly aligning arrival times of trips with departure times of fixed route bus and trains. This makes it invaluable to commuters and riders who need to be at work at specific times.
This service will improve connectivity to the brand new Milpitas Transit Center and BART Station for connection with fixed route transit heading out of the City while also significantly reducing travel time for workers at local employment centers. Over 40% of Milpitas residents work outside of the City, which means that high-quality connections to commuter trains and buses is crucial to the long-term stability of our local economy.
Enhancing transit ridership will help minimize traffic congestion and will offer commuters an attractive alternative to driving and paying for parking.
Currently, residents are accustomed to fixed route bus service characterized by up to 30-minute headways, long on-board times, and limited direct access to fixed-route express transit. Furthermore, para-transit users experience unpredictable wait times and on-board times. With the proposed on-demand system, however, coverage, wait times, and in-vehicle times will all improve dramatically. The on-demand service will improve coverage within the city by approximately 20%, wait times by up to 15 minutes, and in-vehicle times by up to 15 minutes. This is competitive with single-occupancy trips within town and to transit, taking just a few minutes longer than driving solo and 98 Item # C7.
3 significantly improving trip times for daily commuters. The overall result is a more efficient and user-friendly transit system that will ultimately grow net ridership.
The second innovative aspect pertains to the technical capabilities of the RideCo platform. Their system enables the complete automation of the booking, scheduling, and creation of vehicle itineraries. Unlike the other microtransit companies we evaluated, RideCo's system operates with a "search-and-book" model, wherein trips are scheduled into the system's tentative itinerary at the time of booking; this itinerary is then re-optimized every 30 seconds. As new trips come in, traffic and weather conditions change, or a vehicle breaks down, the system re-optimizes and re-builds the schedule in the background without manual intervention. This approach is different than any other microtransit companies we evaluated, in that they all operate truly on-demand (i.e., when someone requests a ride a car comes as quickly as possible). There are two primary results to this innovative technical approach: excellent vehicle productivity and a promise to get riders to the destinations on time every time.
Because RideCo maintains and re-optimizes a tentative schedule, they are able to build and manage more efficient shared routes. This has a significant impact on per- passenger costs, as we demonstrate below. In addition, RideCo's tech enables them to offer a guaranteed "arrives before" times with each booking. Because their system bases trips on arrival times, they can ensure seamless multimodal trips between on- demand and VTA's fixed-route mode of transit. RideCo's software can also power hybrid services to serve both public transit riders and paratransit trips with the same vehicle and service parameters, which promotes rider equity.
Additionally, all service data is available through a real-time dashboard for ease of monitoring the service and for use in future transit planning. The software allows riders to pay in a variety of ways including cash, credit/debit cards, and any applicable VTA fare media. Passengers can book trips easily through the Milpitas mobile and web applications. Riders are offered multiple options in terms of pickup and drop-off times and locations, fare payments, on-demand or pre-scheduled bookings, and even seat type selection (e.g., luggage, child strollers, or wheelchairs).
3.2(b) Does the project provide any first/last mile connection to transit?
List the stops locations/station names for frequent stops/stations:
Route 60: Milpitas Transit Center (bay 8) Montague Expy & Trade Zone Blvd
Route 66: Main St & Montague Expy, Main St & Cedar Way, Main St & Abel St, Great Mall Pkwy & McCandless Dr, Milpitas Transit Center (bay 2), Milpitas Transit Center (bay 13), Great Mall Pkwy & Montague Expy, Great Mall, Pkwy & McCandless Dr, Main St & Great Mall Pkwy, Main St & Curtis Ave, Main St & Curtis Ave, Main St & Corning Ave, Main St & Sinnott Ln, Main St & Serra Way, Main St & Calaveras Blvd, Weller Ln & Main St, Abel St & Penitencia St, Jacklin Rd & Milpitas Blvd, Jacklin Rd & Jacklin Pl, Escuela Pkwy & Jacklin Rd, Escuela Pkwy & Milpitas High School, Washington Dr & 99 Item # C7.
4 Escuela Pkwy, Arizona Ave & Washington Dr, Arizona Ave & Coelho St, Arizona Ave & Boulder St, Dixon Rd & Arizona Ave
Route 70: Landess Ave & Park Victoria Dr, South Milpitas Blvd & Montague Expy, Milpitas Transit Center (bay 2), Milpitas Transit Center (bay 11)
List the stops locations/station names for local stops/stations:
Route 20: Milpitas Transit Center, Montague & Great Mall, Montague & McCandless, Montague Expressway & Main
Route 44: Milpitas Transit Center, Montague & Great Mall, McCandless & Montague, McCandless & Lee, McCandless Drive, Milpitas, McCandless & Canal, Great Mall & McCandless, Great Mall & Main, South Main Street, Milpitas, Great Mall & Abel, Alder & Tasman, McCarthy & Alder, McCarthy Boulevard, Milpitas, McCarthy & Bellew, McCarthy Boulevard, Milpitas, McCarthy & Ranch, Ranch & McCarthy Walmart
Route 47: Milpitas Transit Center, Montague & Milpitas Boulevard, Park Victoria & Landess, Park Victoria & Clear Lake, Park Victoria & Yellowstone, Park Victoria & Lassen, Park Victoria & Yosemite, Park Victoria & Edsel, Calaveras & Park Victoria, Calaveras & Hillview, Calaveras & Milpitas, Abel & Weller, Main & Milpitas Library, Main & Serra, Serra & Calaveras, McCarthy & Ranch, Ranch & McCarthy Walmart
Route 71: Milpitas Transit Center, Montague & Milpitas Boulevard, Landess & Morrill, Landess & Ashwood, Landess & Corktree, Landess & Paris, Landess & Edgehill
3.3 How does the project service benefit vulnerable/transit-dependent populations?
Part (a) Please describe the demographics to be served, their current local mobility challenges, and their needs for your transportation service.
Milpitas boasts a diverse population with specific transportation needs. This project will serve the entire population of Milpitas (pop. 84,184), including all its 26,904 vulnerable and transit-dependent residents, defined by VTA as individuals with disabilities (6,266), individuals with incomes less than 200% of the Census Bureau’s federal poverty level (8,166), individuals with no personal vehicles available (2,691), and youth that qualify for VTA’s fare structure (9,761). Of the 6,266 individuals with disabilities, 162 (2.5%) were between 5 to 17 years old, 2,103 (33%) were between 18 and 64 years old, and 4,000 (63%) were 65 and older. 1,034 of Milpitas’ employed workers in 2019 reported having a disability (source below). Seniors (65 and over) represent the majority of individuals with hearing disabilities (1,425 or 80% of all individuals with hearing difficulties), vision disabilities (700 or 58% of individuals with vision difficulties), cognitive difficulties (1,726 or 68% of individuals with cognitive difficulties), ambulatory difficulties (2,663 or 80% of individuals with ambulatory difficulties), and self-care difficulties (1,744 or 80% of individuals with self-care difficulties).
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Item # C7.
5 The City also has a poverty rate of 8% of households living at or below the federal poverty level. For low-income households in the San Francisco Bay Area, cost is a significant barrier to vehicle ownership, with just 73% of low-income households reporting having access to a vehicle, compared to 94% of higher-income households.
Low-income commuters carpool to work more often to higher-income workers (17% compared to 12% of all other workers) and take the bus to work more often than higher- income commuters (12% compared to 5%). Whereas low-income and higher-income workers that drive to work have largely the same commute times, low-income workers that rely on transit have significant shorter work commutes compared to higher-income transit commuters (source below). Furthermore, nearly 25% of Milpitas’ population is under the age of 18. Of the 9,761 youth that qualify for VTA’s fare structure between 5 and 19 in Milpitas in 2019, 35% were between 5 to 9 years, 28% were between 10 to 14 years, and 34% were between 15 to 19 years old. For the 2,737 Milpitas youth between 16 to 19 years, 28% reported participating in the labor force (source below).
The current local mobility challenges of these vulnerable/transit-dependent populations and their needs for this transportation service are heightened by citywide demographic trends and the growing need for first/last-mile connections. According to the US Census, Milpitas is the 2nd fastest growing city in California. Since 2010, the population of Milpitas has grown by 16%. As the population has grown, so has the number of jobs, with an estimated 38% increase in jobs from 2010 to 2017. On an average weekday, the daytime population nearly doubles as people travel from across the region to major employers in the City. As Milpitas’ roads become more congested due to the increasing daytime and nighttime population, the demand for alternative modes of travel is increasing.
Although the City is currently updating its Trails and Bikeways Master Plan to create an all ages and abilities active transportation network in Milpitas, fewer than 3% of residents walk or bike to work today. Milpitas is home to several primary through-ways, such as the rail line, I-680, I-880, and State Route 237, which create barriers to safe bicycle and pedestrian travel across the City, especially for the vulnerable/transit- dependent population. Additionally, Milpitas’ suburban development pattern is accompanied by a series of high-speed roadways that are difficult to navigate and cul- de-sacs that limit connectivity within and among neighborhoods. Despite the significant vulnerable/transit-dependent population in Milpitas, the currently challenged active transportation network, and the presence of a public transit network supported by bus and light rail service, only 2.5% of the working population commutes via public transportation today. The limited transit ridership is indicative of the need for a more robust and seamless public transit network. Frequent bus service is limited across the City and most existing routes run north to south and light rail stops are concentrated in southern Milpitas. Furthermore, first/last-mile connections to and from the new Milpitas BART station are needed to better connect Milpitas to the rest of the region.
Milpitas’ vulnerable/transit-dependent population, which makes up 32% of the City’s entire population, is in need of and would greatly benefit from better first/last-mile connections to existing bus and light rail services, even in the face of the pandemic. 101
Item # C7.
6 Those who continue to utilize public transit during the pandemic tend to be transit- dependent riders who lack access to a car or other modes of transportation. RideCo’s on-demand service model will help meet the mobility needs of the vulnerable/transit- dependent population by providing a safe and convenient mode to access Milpitas’ existing public transit network.
Sources for 3.3(a):
1. U.S. Census Bureau, 2019 American Community Survey 1-Year Estimates, Table C18120
2. Rice, L.: Transportation spending by low-income California households: Lessons for the San Francisco Bay Area. Public Policy Institute of California, San Francisco (2004)
3. U.S. Census Bureau, 2019 American Community Survey 1-Year Estimates, Table S2301
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Project Service Map
Metro Center
Hub
Milpitas Transit
Center Hub
Alder Station
Hub
City Hall Hub
SW
Employment
Area
Central
Manufacturing
Area
McCarthy
Ranch
Industrial Area
CA Circle
Connections to Transit:
1. BART Station
2. Alder Station (VTA Light Rail)
3. VTA Bus Stops in Milpitas
Connections to Employment Centers:
1. Southwest Employment Area
2. CA Circle
3. McCarthy Ranch Industrial Area
4. Central Manufacturing Area
Connections to Residential Areas:
Residential neighborhoods in
Milpitas
Other Connections:
1. City Hall
2. Great Mall
3. Retail shopping centers in Milpitas
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Item # C7.
Catchment Area Map
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PROJECT COST ESTIMATES
Ridership Ramp-up Months: 6
Population 80,000 Ticket Price $2.50 Total Potential Ridership 420.00 Days in Month 24 Fare 2.50$
Rides Per Day 417 Daily Ridership
420 300 120
Service First-Year Recovery $239,400.00 $171,000.00 $68,400.00 Daily Hours 12 Second-Year Recovery$302,400.00 $216,000.00$86,400.00 Service Days per Week 5 Month High RidershipModerate RidershipConservative Service Days per Year 260
Annual Hours 3120 1 70 50 20
Vehicles 7 2 140 100 40
3 210 150 60
Financial 4 280 200 80
Hourly Vehicle Operations and Software Cost 34.00$ 5 350 250 100 RideCo Hourly Cost 5.10$ 6 420 300 120 Gross Annual Operations Budget 853,944.00$ 7 420 300 120 Marketing 75,000.00$ 8 420 300 120
Total 1 Year Budget 928,944.00$ 9 420 300 120 Total 18 month Budget 1,355,916.00$ 10 420 300 120 Total 24 Month Budget 1,782,888.00$ 11 420 300 120 12 420 300 120
12 Month Scenario
Measure B Request 743,155.20$
Local Match Contribution (20%) 185,788.80$
Fare Recovery Estimate (Conservative) $68,400.00
Net Cash Contribution 117,388.80$
18 Month Scenario
Measure B Request 1,084,732.80$
Upfront Local Match Contribution (20%) 271,183.20$
Fare Recovery Estimate (Conservative) $111,600.00
Total Net Cash Contribution 159,583.20$
24 Month Scenario
Measure B Request 1,426,310.40$
Upfront Local Match Contribution (20%) 356,577.60$
Fare Recovery Estimate (Conservative) $154,800.00
Total Net Cash Contribution 201,777.60$
420$131,000300$85,500120$43,0000501001502002503003504004501 2 3 4 5 6 7 8 9 10 11 12Rides per Month and Gross Fare RecoveryHigh RidershipModerate RidershipConservative 105
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Vehicle Operations Analysis
Ford Transit Hourly Cost48.00$
Minivan Hourly Cost 34.00$ TRANSIT MINIVAN TRANSIT MINIVAN Weekday Service Hours 12 Annual Budget 858,000$ 856,000$ Annual Budget 856,000$ 856,000$ Weekend Service Hours 0 Weekday Hours 12 12 Weekday Hours 12 12 Weeks Per Year 52 Days 5 5 Weekend Hours 0 0
Software % 15% Weekly Hours 60 60 Weekly Hours 60 60
Annual Hours 3060 3060 Annual Hours (51 wks /yr) 3060 3060 Vehicles 5 7 Vehicles 5 7
Average Daily PVH 7 5 Average Daily PVH 5.5 4.5
Supportable Daily Ridership 420 420 Supportable Daily Ridership 330 378 Supportable Annual Ridership 107,100 107,100 Supportable Annual Ridership 84,150 96,390 Peak PVH Target 10 7 Peak PVH Target 10 6
Actual Budget 844,560.00$ 837,522.00$ Actual Budget 844,560.00$ 837,522.00$ Cost Per Pax 7.89$ 7.82$ Cost Per Pax 10.04$ 8.69$
WEEKDAY ONLY WEEKDAY AND WEEKEND
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Item # C7.
Project Executive Summary
The city of Milpitas, in partnership with RideCo are pleased to submit our response to the Santa Clara County Valley Transportation Authority (VTA) Call-for-Projects for the 2016 Measure B Innovative Transit Service Models Competitive Grant Program for FY 2020-FY 2021. Milpitas is requesting funds to operate an innovative OnDemand Program providing robust First and Last Mile service to residents, workers, and visitors of Milpitas.
The primary goal of the program is to take best advantage of the new BART connection within the City of Milpitas at the new Milpitas Transit Station. The proposal is to promote transit ridership by providing an alternative to the challenges of the automobile commute on congested Bay Area freeways and other major transportation corridors by offering a more convenient service for many of the 40 percent of City residents who work outside of the City. The objectives to reach this goal also include providing a new opportunity for moving around the Bay Area region by those who do not have a car or do not wish to use it. An additional objective is to connect residents, workers and visitors with City services available at City Hall.
As the City continues to prioritize development near transit and existing employment centers, a more convenient transit service is needed to complement, support, and fully leverage the City’s existing bus and rail services. Milpitas is currently updating its Metro Specific Plan to accommodate over 5,000 residential units and 2,000,000 square feet of commercial/office space around the new BART station and implement active transportation infrastructure to complement this transit-oriented development. With an increasing residential population and workforce with varying transportation needs and commute times, Milpitas needs a flexible and complementary transportation service to facilitate the shift from auto-dependency to a balanced multimodal transportation network. RideCo’s service will fill an important gap in the existing transportation network to help achieve this goal.
We are proposing a Hub and Spoke service model – an innovative variant of a traditional First Last Mile program that provides flexible and convenient mobility to and from and between transit hubs and key points of interest. In this case, 4 “hubs” have been selected. Three are located at key transit stations and one is in the city center. “Spokes” are placed city wide such that every resident is within a ¼ mile or a 5-minute walk of a predetermined virtual stop on the “spoke”. Riders will be able to take OnDemand rides from any spoke to one of the hubs, or from one of the hubs to any spoke, or from one hub to another (e.g., from a transit stop to City Hall). Ride service efficiency objectives dictate that riders cannot travel between spokes directly, as there are other services for that type of a trip. This model varies from traditional first-last mile in that hubs are not necessarily restricted to a single transit connection. Instead, they are intelligently selected based on existing and new travel demands. The primary goal is served by selecting hubs that will naturally capture more than 85% of trips. This model intelligently blends the efficiency of a first last mile program with the convenience of a 107
Item # C7.
city wide OnDemand service.
The Santa Clara VTA will be just the second transit agency globally to launch such a program. This type of service was launched by RideCo in Calgary, Alberta with great success.
We look forward to piloting this innovative First Last Mile Service and trust that it will prove to be a valuable model to serve other communities with the Santa Clara Valley. 108
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RIDERSHIP DATA
Ridership Summary
Hub Average Daily Boardings
Alder Station 286
Great Mall Station 1936
Milpitas Transit Center 1563
City Center 382
Total Supportable Ridership (100% Conversion) 8334
Assumed Covid Reduction (50%) 4167
Projected Daily Ridership at Scale 417
Total Projected Ridersip 150,019.20
Total 18 Month Operating Cost (exludes marketing) 1,280,916.00$ Estimated Cost Per Passenger 8.54$
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City Hall Hub (Boardings Daily)
Stop Lat Stop Lon Category Day LRT DirectionRoute ProperStop Desc STOP ID Stop Name ProperStop or Station or RapidStop TypeAverage Daily AlightingsAverage Daily BoardingsSize
37.433469-121.90867 Local Weekday 47 Westbound 61393 Weller & Main Bus Stop Bus Stop 2.6 17.4 20
37.428781-121.90632 Local Weekday 47 Northbound 61391 Main & Serra Bus Stop Bus Stop 4.1 6 10.1
37.431306-121.90705 Local Weekday 47 Northbound 61392 Main & Calaveras Bus Stop Bus Stop 2.75 11.6 14.35
37.42757 -121.90908 Local Weekday 47 Eastbound 61390 Serra & Abel Bus Stop Bus Stop 3 12.45 15.45
37.42767 -121.90939 Local Weekday 47 Westbound 61399 Serra & Calaveras Bus Stop Bus Stop 5.2 1.05 6.25
37.432416-121.90755 Local Weekday 47 Southbound 61397 Main & Milpitas Library Bus Stop Bus Stop 5.6 1.6 7.2
37.428734-121.90643 Local Weekday 47 Southbound 61398 Main & Serra Bus Stop Bus Stop 1.9 1.85 3.75
37.433076-121.90943 Local Weekday 47 Northbound 65704 Abel & Weller Bus Stop Bus Stop 3.3 0.3 3.6
37.432416-121.90755Frequent Weekday 66 Southbound 61397 Main & Milpitas Library Bus Stop Bus Stop 29.3 56.2 85.5
37.424785-121.90545Frequent Weekday 66 Southbound 63241 Main & Corning Bus Stop Bus Stop 11.3 12.7 24
37.426792-121.90595Frequent Weekday 66 Southbound 63240 Main & Sinnott Bus Stop Bus Stop 9.8 4.65 14.45
37.433875-121.90767Frequent Weekday 66 Southbound 62466 Main & Weller Bus Stop Bus Stop 7.4 3.3 10.7
37.428734-121.90643Frequent Weekday 66 Southbound 61398 Main & Serra Bus Stop Bus Stop 7.1 26.1 33.2
37.433469-121.90867Frequent Weekday 66 Westbound 61393 Weller & Main Bus Stop Bus Stop 5.75 9.8 15.55
37.431306-121.90705Frequent Weekday 66 Northbound 61392 Main & Calaveras Bus Stop Bus Stop 37.65 7.55 45.2
37.428781-121.90632Frequent Weekday 66 Northbound 61391 Main & Serra Bus Stop Bus Stop 20.6 6.05 26.65
37.42506 -121.90538Frequent Weekday 66 Northbound 63238 Main & Corning Bus Stop Bus Stop 12.25 10.1 22.35
37.426257-121.90568Frequent Weekday 66 Northbound 63239 Main & Sinnott Bus Stop Bus Stop 4.55 2.1 6.65
37.431306-121.90705Express Weekday Express 104Northbound 61392 Main & Calaveras Bus Stop Bus Stop 0.15 11.55 11.7
37.431306-121.90705Express Weekday Express 104Northbound 61392 Main & Calaveras Bus Stop Bus Stop 9.4 0.1 9.5 381.55
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Alder Station Hub (Boardings Daily)
Stop Lat Stop Lon Category Day LRT DirectionRoute ProperStop Desc STOP ID Stop Name ProperStop or Station or RapidStop Type Average Daily AlightingsAverage Daily BoardingsSize
37.413129-121.9177Light RailWeekdayWestbound Orange Westbound 64804 Alder Station Light Rail Station Light Rail Station 114.5 154.9 269.4
37.413572-121.917118Light RailWeekday Eastbound Orange Eastbound 64803 Alder Station Light Rail Station Light Rail Station 145.8 131.15 276.95
37.413624-121.917452School Weekday 200 Westbound 61402 Tasman & Alder Bus Stop Bus Stop 0 0 0 286.05
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Milpitas Transit Center Hub (Boardings Daily)
Stop Lat Stop Lon Category Day LRT DirectionRoute ProperStop Desc STOP ID Stop Name Proper Stop or Station or RapidStop Type Average Daily AlightingsAverage Daily BoardingsSize
37.410266-121.892274Local Weekday 47 65888 Milpitas Transit Center (Bay 16)Bus Stop Bus Stop 15.55 0 15.55
37.410258-121.891473Local Weekday 47 65878 Milpitas Transit Center (Bay 2) Bus Stop Bus Stop 116.25 5.2 121.45
37.410266-121.892274Local Weekday 47 65888 Milpitas Transit Center (Bay 16)Bus Stop Bus Stop 0 35.3 35.3
37.408945-121.891365Light RailWeekdayWestbound Orange Westbound 65249 Milpitas Station Light Rail Station Light Rail Station 90.05 243 333.05
37.408549-121.890618Light RailWeekday Eastbound Orange Eastbound 65236 Milpitas Station Light Rail Station Light Rail Station 267.25 93.35 360.6
37.410309-121.892041Local Weekday 20 65884 Milpitas Transit Center (Bay 12)Bus Stop Bus Stop 1.7 25.45 27.15
37.410309-121.892041Local Weekday 20 65884 Milpitas Transit Center (Bay 12)Bus Stop Bus Stop 11.1 0 11.1
37.410258-121.891473Local Weekday 20 65878 Milpitas Transit Center (Bay 2) Bus Stop Bus Stop 78.4 1.05 79.45
37.410309-121.891694FrequentWeekday 66 65881 Milpitas Transit Center (Bay 7) Bus Stop Bus Stop 101.6 108.3 209.9
37.409712-121.891961FrequentWeekday 66 65891 Milpitas Transit Center (Bay 13)Bus Stop Bus Stop 100.6 108.95 209.55
37.410091-121.892177Local Weekday 44 65889 Milpitas Transit Center (Bay 15)Bus Stop Bus Stop 1.6 0 1.6
37.410258-121.891473Local Weekday 44 65878 Milpitas Transit Center (Bay 2) Bus Stop Bus Stop 22.9 0.25 23.15
37.410091-121.892177Local Weekday 44 65889 Milpitas Transit Center (Bay 15)Bus Stop Bus Stop 0.05 40.05 40.1
37.410121-121.891941FrequentWeekday 70 65885 Milpitas Transit Center (Bay 11)Bus Stop Bus Stop 0.3 55.4 55.7
37.410121-121.891941FrequentWeekday 70 65885 Milpitas Transit Center (Bay 11)Bus Stop Bus Stop 39.15 0.1 39.25
37.410258-121.891473FrequentWeekday 70 65878 Milpitas Transit Center (Bay 2) Bus Stop Bus Stop 57.2 1.3 58.5
37.409943-121.891844Local Weekday 71 65886 Milpitas Transit Center (Bay 10)Bus Stop Bus Stop 0 55.65 55.65
37.409943-121.891844Local Weekday 71 65886 Milpitas Transit Center (Bay 10)Bus Stop Bus Stop 60.8 0 60.8
37.410258-121.891473Local Weekday 71 65878 Milpitas Transit Center (Bay 2) Bus Stop Bus Stop 120.9 22.35 143.25
37.410551-121.891638School Weekday 200 65876 Milpitas Transit Center (Bay 4) Bus Stop Bus Stop 0 2.55 2.55
37.40992-121.892077Express Weekday Express 104 65890 Milpitas Transit Center (Bay 14)Bus Stop Bus Stop 0.5 1.45 1.95
37.40992-121.892077Express Weekday Express 104 65890 Milpitas Transit Center (Bay 14)Bus Stop Bus Stop 2.45 0.15 2.6
37.410137-121.891603FrequentWeekday 77 65882 Milpitas Transit Center (Bay 6) Bus Stop Bus Stop 0.25 150.5 150.75
37.410137-121.891603FrequentWeekday 77 65882 Milpitas Transit Center (Bay 6) Bus Stop Bus Stop 190.05 0.1 190.15
37.410509-121.891817FrequentWeekday 60 65880 Milpitas Transit Center (Bay 8) Bus Stop Bus Stop 0.65 145.8 146.45
37.410258-121.891473FrequentWeekday 60 65878 Milpitas Transit Center (Bay 2) Bus Stop Bus Stop 194.75 0.25 195 1936.45
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Metro Center Hub (Boardings Daily)
Stop Lat Stop Lon Category Day LRT DirectionRoute ProperStop Desc STOP ID Stop Name Proper Stop or Station or RapidStop Type Average Daily AlightingsAverage Daily BoardingsSize
37.41439 -121.90212Light RailWeekdayWestbound Orange Westbound 65250 Great Mall Station Light Rail Station Light Rail Station 178.25 400.95 579.2
37.413925-121.90143Light RailWeekday Eastbound Orange Eastbound 65235 Great Mall Station Light Rail Station Light Rail Station 462.6 208.7 671.3
37.413283-121.8998FrequentWeekday 66 Westbound 63841 Great Mall & McCandless Bus Stop Bus Stop 10.4 37.5 47.9
37.416103-121.90257FrequentWeekday 66 Southbound 63244 Main & Great Mall Drive Bus Stop Bus Stop 45 6.7 51.7
37.413387-121.90184FrequentWeekday 66 Southbound 65220 Main & Centria Bus Stop Bus Stop 8.95 30.35 39.3
37.410641-121.90249FrequentWeekday 66 Southbound 65219 Main & Abel Bus Stop Bus Stop 2.75 1.45 4.2
37.412184-121.8986FrequentWeekday 66 Eastbound 63844 Great Mall & McCandless Bus Stop Bus Stop 14.2 4.55 18.75
37.413283-121.8998FrequentWeekday 66 Westbound 63841 Great Mall & McCandless Bus Stop Bus Stop 19.1 26 45.1
37.410654-121.90216FrequentWeekday 66 Northbound 65218 Main & Abel Bus Stop Bus Stop 6.8 3.25 10.05
37.414899-121.9019FrequentWeekday 66 Northbound 63234 Main & Great Mall Parkway Bus Stop Bus Stop 3.75 25 28.75
37.412184-121.8986FrequentWeekday 66 Eastbound 63844 Great Mall & McCandless Bus Stop Bus Stop 54.05 4.5 58.55
37.410963-121.89987 Local Weekday 44 Southbound 65955 McCandless & Canal Bus Stop Bus Stop 0.7 0 0.7
37.413276-121.90086 Local Weekday 44 Eastbound 65956 Great Mall & Main Bus Stop Bus Stop 0.3 0.35 0.65
37.415196-121.90421 Local Weekday 44 Eastbound 63233 Great Mall & Abel Bus Stop Bus Stop 0.3 0.2 0.5
37.413283-121.8998 Local Weekday 44 Westbound 63841 Great Mall & McCandless Bus Stop Bus Stop 2.55 5.1 7.65
37.41496 -121.9028 Local Weekday 44 Westbound 63245 Great Mall & Main Bus Stop Bus Stop 0.1 0 0.1
37.411076-121.89965 Local Weekday 44 Northbound 63925 McCandless & Canal Bus Stop Bus Stop 0.05 1.85 1.9
37.413283-121.8998 School Weekday 200 Westbound 63841 Great Mall & McCandless Bus Stop Bus Stop 0 0 0 1563.15
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On-Demand Transit Model Overview
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On-Demand in MilpitasProject Overview
•City-Wide First Mile/Last Mile On-Demand Transit•Connection to Economic Development Area, BART, and VTA Fixed Routes•Expanded Coverage & Service Hours The core of our planning study are your objectives. We take them into account every step of the way.
Overview
Envisioned on-demand zone
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On-Demand in MilpitasVirtual Stop ServiceFully on-demand zone across Leduc, replacing most fixed routes. Replaces Routes 2, 3, 4, and 5 and provides 30-minute guarantee transfer points to route 1 and 10.Our virtual stop model allows point-to-point travel between any virtual stops. Virtual stops allow your service to have a high productivity while still minimizing the amount of walking distance for riders.
Carefully Chosen Virtual StopsConfigurableVirtual stops are carefully chosen to be in safe, well-lit areas (including existing bus stops).We can configure your virtual stops to meet service goals like maximum walking distance. 116
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Service Modelling ApproachThe Pillars of Microtransit
ConvenienceWait Times &Trip FrequencyReliability & Supportable RidershipWalking Distance CostVehicle CountCost Per RideAnnual Operating Cost
CoverageGeographic SpanTrip GeneratorsPopulation & Demographics Focusing on any one of the pillars comes with tradeoffs in the other pillars.The objectives and constraints you have for your microtransitproject dictate the focus areas. 117
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On-Demand in MilpitasService Parameters andOperations
All-Day First/Last-Mile to and from 4 POIs
7 Scheduled Minivans with ADA AccessOr 4 Ford Transits with ADA Access 12 Hours of Service per Day
$7 –$9 Cost per Passenger
City Hall
Milpitas Transit Center
Main Street Light Rail
Alder Station
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6 First Mile/Last Mile LocationsAlder Station
•Connection from Orange Line to industrial park.•Serve as last mile solution for getting to the industrial park.•Several virtual stops in industrial park to provide last mile solution. 119
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7 First Mile/Last Mile LocationsMain Street Light Rail
•Provide first mile solution to transfer to bus lines or Orange Line. •Provide point-to-point travel between residences and Great Mall. 120
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8 First Mile/Last Mile LocationsMilpitas Transit Center •Provide first mile connection to bus lines, Orange Line and Bart Station in the immediate vicinity.•Reduce load on the adjacent parking garage. 121
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9 First Mile/Last Mile LocationsCity Hall/Town Center
•Access to City Hall and Town Center shopping center. •Residential trips to and from the center. •This location will generate the bulk of mid day trips. 122
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The RideCo Benefit
This is the better way!
All-Day ServiceSustainable Cost
10-15 Min Wait Time
City-Wide Coverage
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8+ Weeks to Launch 6 Weeks to Launch 4 Weeks to Launch 2 Weeks to Launch Launch Post Launch Project Timeline
Launch: 8 weeks post Notice to Proceed (with an
additional 6 weeks contract negotiation up front)
DEVELOP & FINALIZE SERVICE PLAN
RideCo: Model demand; identify virtual stops; run simulations to validate KPIs; right-size vehicle schedule
DEVELOP & FINALIZE MARKETING PLAN
Milpitas & RideCo: build FAQ & create campaign calendar, signage, and print media as needed RideCo: obtain branding assets from Milpitas and provide marketing material templates
DEPLOY RIDECO PLATFORM
RideCo: deploy backend dynamic routing system; white label & publish apps
TRAIN RESERVATIONISTS & ADMIN STAFF
RideCo: train Yellow Cab reservationists on passenger bookings, CRM and best practices; train City admin. staff on system overview and data analytics/ dashboards
ONBOARD & TRAIN DRIVERS
RideCo: train Yellow Cab drivers on use of app with video walkthrough; in-vehicle training as required
SOFT LAUNCH
Milpitas, RideCo, & Yellow Cab: mock go-live with a small user group Milpitas & RideCo: begin pre-launch promotions
RideCo: Provide additional admin. staff/ operator training as required
PUBLIC LAUNCH
Milpitas, RideCo, & Yellow Cab: launch service to the public RideCo: conduct ride-along tests daily for the week; post-launch service optimization
POST LAUNCH
Milpitas & RideCo: execute additional marketing/promotional activities per the campaign calendar RideCo: review ongoing service performance; provide consistent updates and recommendations 124
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City of Milpitas, California
BUDGET CHANGE FORM
From* To*
Type of Change
Account
Amount
Account
Amount
Check one:
X Budget
Appropriation
Budget Transfer
331-9513493153579
330-2931
331-9513493153899
331-9513493153760
$1,084,732
$71,184
$71,184
$200,000
331-951349324237
330-3999
331-951349324237
331-951349324237
$1,084,732
$71,184
$71,184
$200,000
Approve and authorize the City Manager to execute a master funding agreement with the Santa Clara Valley Transportation Authority (VTA) for the 2016 Measure B Innovative Transit Service Models Program; approve New Fiscal Year 2021-22 Capital Improvement Program Project No. 3493 Milpitas OnDemand; approve a budget appropriation of $1,355,916 including Measure B Innovative Transit Service Models Program funding, developer contributions and General Government CIP funding into Project No. 3493; and approve and authorize the City Manager to execute a professional services agreement with RideCo for consultant services related to Milpitas OnDemand.
Background:
In November 2016, Santa Clara County voters approved the 2016 Measure B ballot measure, a 30-year half-cent countywide sales tax to enhance transit, highways, expressways and active transportation programs for bicycles and pedestrians. Over the next 30 years, 2016 Measure B is anticipated to generate $6.3 billion.
The Valley Transportation Authority (VTA) established the 2016 Measure B Program and adopted Program category guidelines. The Innovative Transit Service Models Program provides approximately $6 million in funding to eligible cities through a competitive grant application process. The goal of the Innovative Transit Service Models Program is to support affordable new innovative transit service models to address first/last- mile connections to transit, serving the vulnerable, underserved and transit-dependent population.
City staff in partnership with RideCo, a transportation consulting firm that provides on-demand transit solutions, submitted a grant application for funding through the Innovative Transit Service Models Program to develop and implement Milpitas OnDemand, a 12-month pilot program to provide a flexible, convenient first/last-mile transit solution with convenient connections to VTA light rail and the Milpitas Transit Center.
On March 4th, the VTA Board of Directors approved the recommended projects, including Milpitas OnDemand, and authorized the General Manager to execute the necessary agreements. The City of Milpitas was awarded the full amount of the grant request in the amount of $1,084,732. In order to receive this funding, the City is required to enter into a Master Funding Agreement with VTA to ensure funds are spent on allowable activities.
Analysis:
The City of Milpitas is expected to receive approximately $1,084,732, in funding from the 2016 Measure B Innovative Transit Service Models Program. Staff recommends the City Council approve the Master Agreement with VTA to receive this funding, which will be used to implement Milpitas OnDemand. Staff estimates an additional cost of $271,184 to operate the service, which will be partially funded by a $200,000 developer contribution to the City from Embarcadero Capital Partners and Bridge Development to fund a future shuttle program following the Partial Assignment and Assumption Agreement for an industrial 125
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development project on McCarthy Boulevard. The remaining $71,184 will be funded by the anticipated fare collection of $111,600, which is the most conservative estimate for the pilot program.
Staff recommends the creation and funding of a new Capital Improvement Program (CIP) Project, Project No. 3493 Milpitas OnDemand to allow staff to complete the activities required by the Measure B funding.
Staff further recommends the approval of a budget appropriation to appropriate the $1,084,732 in Measure B Innovative Transit Service Models Program Funding, $200,000 in developer contributions, and $71,184 from the General Government CIP Fund (to be reimbursed by fare collections) into the new CIP project.
Staff further recommends the City Council approve the Professional Services Agreement with RideCo for consultant services to operate Milpitas OnDemand, a 12-month pilot program for an on-demand, micro- transit service to address the first/last-mile challenge in Milpitas. The service will provide a convenient and affordable transportation option for Milpitas’ residents, employees, and vulnerable/transit-dependent populations.
Policy Alternative:
Alternative 1: Not approve and not authorize the City Manager to execute a Master Funding Agreement with VTA to receive the annual Measure B Innovative Transit Service Models Program Funding.
Pros: None.
Cons: If the City does not enter into the Master Funding Agreement, the City would not be eligible to receive needed Measure B funding.
Reason not Recommended: The General Plan includes several policies to promote alternative modes of transportation, first/last-mile solutions, and public transit improvements to support the City’s circulation goals. The receipt and use of the Measure B funding to implement Milpitas OnDemand supports these General Plan policies and goals.
Fiscal Impact:
The approval of the Funding Agreement with the VTA is required to receive approximately $1,084,732 in Measure B Innovative Transit Service Models Program funding. The Milpitas OnDemand program will require creation of new CIP Project 3493 and approval of a budget appropriation in the amount of $1,355,916. The funding sources are Measure B Innovative Transit Service Models Program Funds ($1,084,732), developer contributions ($200,000), and General Government CIP Fund ($71,184 to be reimbursed by fare collections).
California Environmental Quality Act:
Not applicable.
Recommendations:
1. Approve and Authorize the City Manager to Execute a Master Funding Agreement with the Santa Clara Valley Transportation Authority (VTA) for the 2016 Measure B Innovative Transit Service Models Program;
2. Approve New Fiscal Year 2021-22 Capital Improvement Program Project No. 3493 Milpitas OnDemand;
3. Approve a budget appropriation of $1,355,916 including Measure B Innovative Transit Service Models Program Funds ($1,084,732), developer contributions ($200,000), and General Government CIP Fund ($71,184) into Project No. 3493; and
4. Approve and Authorize the City Manager to Execute a Professional Services Agreement with RideCo for Consultant Services Related to Milpitas OnDemand.
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Attachments:
Attachment 1: VTA Funding Agreement
Attachment 2: New Project No. 3493 Milpitas OnDemand
Attachment 3: VTA Grant Award Letter
Attachment 4: Milpitas 2016 Measure B Grant Application Attachment 5: Budget Appropriation Form
Attachment 6: RideCo Professional Services Agreement
Check if City Council Approval required. Meeting Date: April 5, 2022
Requested by: Department Head: Ned Thomas Date: April 5, 2022 Reviewed by: Finance Director: Lauren Lai Date: April 5, 2022
Date approved by City Council, if required: Confirmed by:
FI/24786/V LarForm 30-222 (Rev. 1/92)
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RIDECO SUBSCRIPTION AND SERVICES AGREEMENT
This Subscription and Services Agreement (this “Agreement”) is entered into on ________________ (the “Effective Date”) by and between RideCo US Inc., having its office at 10880 Wilshire Boulevard, Suite 1101, Los Angeles, CA 90024 ("RideCo"), and the City of Milpitas, CA, having its principal address at 455 E. Calaveras Blvd. Milpitas, CA 95035-5411 (the "City").
RECITALS
A. RideCo is a technology provider for on-demand transit services.
B. City wishes to implement a technology-driven transportation service and RideCo is willing to provide access to RideCo’s Dynamic Transit System (as defined below) on a license basis and to coordinate the provision and delivery of transportation services on the terms set out herein (the “Project”).
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, it is agreed by and between the parties as follows:
1. INTERPRETATION
1.01 Definitions: In this Agreement, unless there is something in the subject matter or context inconsistent therewith, the following terms shall have the following meanings:
“Distributed Software” means the RideCo passenger mobile application and driver mobile applications and any other software tools or components made available by RideCo for download under this Agreement ;
“Dynamic Transit System” means RideCo’s proprietary software prog rams including optimization algorithms, data analysis algorithms, web application, passenger mobile application, driver mobile application, dashboards, graphical user interface, all documentation and end user manuals;
“Documentation” means any and all of the following that are provided by RideCo, in any form of media, in connection with the Agreement (a) know-how, proprietary information and methodologies, document templates and best practice guides; (b) scripts and data analysis tools; (c) user manuals and guides, that explain or facilitate the use of the Software, including all updates thereto; and (d) data sheets, specifications and other technical documents and materials in respect of the Software;
“Maintenance and Support Services” means the maintenance and support services provided by RideCo as further described in Section 3 of this Agreement and Schedule “B”; “Personal Data” has the meaning given in Schedule “C”;
“Platform Software” means collectively the RideCo Dynamic Transit System (DTS) cloud platform technology and underlying software, including its dynamic routing technologies, ride- sharing technologies, algorithms, implementation architectures, operations dashboards, user interfaces, and application programming interfaces (“ APIs”) to third party systems;
"Operational Data" means data recorded by the Distributed Software and presented through export on the operations dashboard end-user interface, where such data is provided by City or passengers or partner drivers of City. For greater certainty, Operational Data includes passenger ride booking information (origin, destination, time, payment, status) and driver action data (location data, pickup/drop-off times) however Operational Data does not include system log data 128
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or any other data that is not provided as an export to an end user through the operations dashboard end-user interface;
“Services” means collectively the provision of access to the Software, Documentation, associated APIs and interfaces to third party systems provided by RideCo under this Agreement together with the vehicular transportation services provided by the Transportation Operations Provider and Maintenance and Support Services all as further described in the schedules hereto; “Software” means collectively the Distributed Software, Platform Software, and any interfaces between the two;
"Software Enhancements" means an update or upgrade to the Distributed Software or to the Platform Software, which update or upgrade may include new product features that change the character or structure of the software or its functional use or operation and will usually form part of an automatic update to the Software without any action being required from Customer; “Subscription and Services Fee” means the fees set forth in Schedule “A”; and “Transportation Operations Provider” means the subcontractor that is contracted by RideCo to provide drivers and vehicles for the Project. RideCo intends to subcontract to subcontractor selected by RideCo per the Measure B grant application regarding the Project.
1.02 Schedules: The schedules to this Agreement are set forth as follows:
Schedule “A” - Project Terms and Scope of Work
Schedule “B” - Service Level Agreement
Schedule “C” - Personal Data Protection Undertaking
Schedule “D” - Software Functional Requirements
Schedule “E” - Insurance Requirements
2. SERVICES LICENSE, INTELLECTUAL PROPERTY RIGHTS, CONFIDENTIALITY
2.01 Services. During the term of the Project, RideCo shall:
a) provide and supply all necessary hardware and software to run the Project with the Dynamic Transit System;
b) contract with a Transportation Operations Provider, acceptable to the City, that (i) will supply drivers and vehicles that meet applicable bylaws, insurance and indemnification requirements specified in this Agreement, and regulations of the City; and (ii) will agree to the applicable terms of the Funding Agreement executed between the Santa Clara Valley Transportation Authority and the City of Milpitas for this Project , including but not limited to, compliance with applicable requirements of state, federal, and local law , compliance with wage and hour laws, and insurance and indemnity requirements;
c) perform logistics activities involved in running the Services, including without limitation:
i. the coordination of the dispatch, selection, scheduling, training and itinerary management for the Transportation Operations Provider, vehicles and drivers in relation to the Project;
ii. managing hours of operation and operating parameters as defined in Schedule “A”;
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iii. communicating itinerary information with passengers and drivers (digitally via the website, SMS, or the mobile app);
iv. collecting fare payments (“Fare Payments”) from passengers of the ride-share service, via credit card (if applicable). The Fare Payments shall be reported in the Invoice (as such term is defined in Section 5.02); and
v. utilizing the Float (as defined in Section 5.03 below) to pay costs involved in the operation of drivers and vehicles on the Project,
d) advise City of the assistance it requires from City in connection with the completion of its responsibilities under this Agreement; and
e) complete the Project in a professional and competent manner by persons qualified and skilled in their occupations and the roles that they are required to perform hereunder, and in accordance with: (a) this Agreement; (b) industry standards; and (c) any requirements of law, as applicable.
2.02 License Grant: Subject to the terms of this Agreement, RideCo grants City a limited, revocable, non-exclusive and non-transferable license to access and use the Dynamic Transit System in the geographic area identified in Schedule “A”. The Distributed Software may only be us ed in combination with the Approved Equipment/Third Party Software. RideCo or its agents, resellers or distributors may release from time to time to City at no additional charge during the term of this Agreement, software bug fixes and patches and such releases shall be considered “Software” hereunder and subject to the terms of this Agreement unless otherwise specified by RideCo.
2.03 Restrictions & End User Terms:
a) Restrictions. Except as otherwise expressly permitted in this Agreement, City shall not, and shall not encourage any third party to: (i) customize, modify or create any derivative works of the Services; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Software (except to the extent applicable laws specifically prohibit such restriction); (iii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Distributed Software; (iv) publish any results of benchmark tests run on the Software to a third party without RideCo’s prior written consent; (v) redistribute, encumber, sell, rent, lease, sub- license or otherwise transfer rights to the Services ; (vi) copy, reproduce, distribute, modify or in any other manner duplicate the Software, in whole or in part and City may not copy any written materials (except for training materials and for internal use) accompanying any portion of the Services unless specifically authorized in writing to do so by RideCo. City shall not access the Services in order to build a competitive product or service or to copy any ideas, features, functions or graphics of the Dynamic Transit System or the Documentation. For greater certainty, City will not be in breach of this Section 2.03 if City independently develops a competing product or service without use or reference to RideCo’s Confidential Information.
b) End Users. RideCo and its subcontractors shall ensure that end users agree to appropriate terms of service and privacy policy in accordance with requirements of applicable law before using the Services. RideCo will inform end users that the transportation services are provided o n b e hal f o f t he City by the Transportation Operations Provider .
2.04 RideCo Intellectual Property: RideCo retains all right, title and interest in and to the Dynamic Transit System including all Documentation, all intellectual property rights in the Software and all copies and derivative works thereof. City acknowledges and agrees that the Dynamic Transit System , and all intellectual property rights therein (including without limitation, 130
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copyrights, patents, trade secrets, trademarks, moral rights and other intellectual property rights, in and to the Dynamic Transit System and all modifications, changes, enhancements, or additions thereto) and all intellectual property rights relating to the provision of professional services, feedback, technical support, maintenance and other support if any, (collectively, “RideCo IP”), are owned or licensed by RideCo. To the extent City acquires rights in the RideCo IP, City assigns such rights to RideCo and waives any moral rights it may have in the RideCo IP to and in favor of RideCo. Nothing in this Agreement gives City any right, title or interest in, to or under any of the Dynamic Transit System or any intellectual property rights therein (including without limitation patent rights) or arising pursuant to professional services, product feedback, technical support and other support.
2.05 Operational Data: As between City and RideCo, City will own the Operational Data from the Project and City acknowledges and agrees that RideCo is not responsible for any liability arising out of the collection, retention, use, operation and disclosure by City of Operational Data. Subject to the personal data protection undertakings set out in Schedule “C”, City hereby grants to RideCo for the duration of this Agreement a worldwide and royalty-free right and license to access and use the Operational Data for the sole purposes of: (i) providing the Services to City, (ii) assessing the performance of the Services ; and (iii) creating Pattern Data (as defined in Section 2.06 below). City is not entitled to receive any compensation or re-imbursement of any kind from RideCo for use of said Operational Data. Except as otherwise expressly permitted in this Agreement, RideCo does not claim any right, title or interest in the Operational Data.
2.06 Personal Data Protection Undertaking. RideCo hereby agrees and undertakes to comply with the personal data protection undertakings set out in Schedule “C”.
2.07 Pattern Data. “RideCo Pattern Data” means non-personally identifiable data including Operational Data which contains no Personal Data (as such term is defined in Schedule “C”).
For greater certainty, RideCo Pattern Data does not identify a specific passenger or driver. As between RideCo and City, all right and title to RideCo Pattern Data b elongs to RideCo and accordingly RideCo is free to use RideCo Pattern Data for any purpose including the improvement of RideCo’s Services.
2.08 Suggestions. RideCo shall have a royalty-free, worldwide, transferable, sub licensable, irrevocable, perpetual, unrestricted license to use and/or incorporate into its products, services and bus iness any sugg estions, enhancement requests, recommendations or other feedback provided by City relating to the operation of the Services.
2.09 Reservation of Rights. Except for the rights and licenses granted in this Agreement, City acknowledges and agrees that RideCo owns and shall retain all right, title and interest (including without limitation all patent rights, copyrights, trademark rights, trade secret rights and all other intellectual property rights therein) in and to the technology used to provide the Services) and all related RideCo IP and RideCo grants City no further licenses of any kind hereunder, whether by implication, estoppel or otherwise. City acknowledges that only RideCo shall have the right to maintain, enhance or otherwise modify the Dynamic Transit System.
2.10 Confidentiality:
a) Confidential Information. As used h erein, "Confidential Information" means all confidential information of a party ("Disclosing Party") disclosed to the other party ("Receiving Party") that is designated in writing as confidential or ought to be considered confidential based on the nature of the information and the circumstances of disclosure.
For greater certainty, the Documentation and the functionality of the Software are all Confidential Information of RideCo. Confidential Information shall not include any information that the Receiving Party can demonstrate by its written records: (i) was known to it prior to its disclosure hereunder by the Disclosing Party; (ii) is or becomes known through no wrongful act of the Receiving Party; (iii) has been rightfully received from a third party without restriction or disclosure and without breach by such third party of a non-disclosure obligation; (iv) is independently developed by the Receiving Party; 131
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or (v) has been approved for release by the Disclosing Party’s prior written authorization.
b) Obligations. Neither party shall use any Confidential Information of the other party except as necessary to exercise its rights or perform its obligations under this Agreement or as expressly authorized in writing by the other party. Each party shall use the same degree of care to protect the other party’s Confidential Information as it uses to protect its own Confidential Information of like nature. Neither party shall disclose the other party’s Confidential Information to any person or entity other than its officers, employees, service p artners, consultants and legal advisors who need access to su ch Confidential Information in order to effect the intent of the Agreement and who have entered into written confidentiality agreements with it at least as restrictive as those in this Section. Upon any termination of this Agreement, the receiving party will promptly return to the disclosing party or destroy, at the disclosing p arty’s option, all of the disclosing party’s Confidential Information.
c) Public Records. Notwithstanding anything to the contrary in this Section 2.10, City may disclose Confidential Information when compelled to by law (including the California Public Records Act, any other applicable public disclosure laws, and/or court orders). If City receives a request for public records that includes Confidential Information within City’s possession or control and City’s legal counsel reasonably believes it is legally required to disclose such public records, City will provide RideCo reasonable notice prior to disclosing such Confidential Information, it being understood that City may have ten (10) or fewer days to respond to such requests and that City will not reject any request for public records that its legal counsel determines, in its reasonable judgment, to be legally enforcea ble. RideCo will not disclose any Confidential Information of City except as compelled by a court or administrative body or required by any law or regulation. RideCo will give notice if any disclosure request is received for City’s Confidential Information, so City may file an objection with the relevant court or administrative body. For greater certainty, City acknowledges and agrees that RideCo Trade Secrets constitutes Confidential Information of RideCo that is not a ‘public record’ as such term is defi ned by applicable law and accordingly, any request to disclose the RideCo Trade Secrets must be notified to RideCo and will only be disclosed with RideCo’s prior written consent. As used herein the term “RideCo Trade Secrets” means all deliverables and work product, including techniques, work methods, processes, protocols, formulas, algorithms, software code, marketing strategies, concept art, design, ideas, designs, drafts, look and feel concepts, graphic elements, brand identity, website or mobile application, page layouts, wireframes, source code, “widgets”, images, photographs, videos, and any other design or development elements, including source files, created by or in connection with and/or provided by RideCo pursuant to this Agreement.
d) Injunctive Relief. Each party acknowledges that due to the unique nature of the other party’s Confidential Information, the disclosing party may not have an adequate remedy in money or damages if any unauthorized use or disclosure of its Confidential Information occurs or is threatened. In addition to any other remedies that may be available in law, in equity or otherwise, the disclosing party shall be entitled to seek injunctive relief to prevent such unauthorized use or disclosure.
3. MAINTENANCE AND SUPPORT SERVICES
3.01 Maintenance Services: RideCo shall provide the following maintenance services to City:
a) Supply or deploy corrections to the Software as required to correct errors, defects, malfunctions and deficiencies, if any, in the Software; and
b) Supply or deploy improvements, extensions, upgrades, enhancements and other changes to the Software developed from time to time by RideCo.
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3.02 Support Services: In response to a support request from City, RideCo shall provide the following support services to City as per the priority levels, response times and procedures specified in Schedule “B” to be provided remotely:
a) Clarification of software functionality
b) Adjustments to software configuration; and
c) Advice on the use and results of the Services ;
3.03 Services Outside Scope of Maintenance and Support: The M aintenance and Support Services to be provided under this Agreement do not include:
a) Correction of errors or defects caused by operation of the Software in a manner other than specified in the Software documentation;
b) Rectification of errors caused by incorrect use of the Software;
c) Correction of errors caused in whole or in part by the use of computer programs other than the Software unless the use of such programs has been approved by RideCo in writing; or
d) Diagnosis or rectification of faults not associated with the Software.
3.04 Professional Services: City may request at any time and from time to time that RideCo provide to City any other professional services or Software modifications which are within the scope of its business and which are not provided for herein and which are not covered by the Subscription and Services Fee. RideCo shall evaluate such requests and may provide the City an estimate of the cost of such professional services. In no event shall RideCo be obligated to provide professional services not agreed in writing with City.
4. INSURANCE
4.01 Insurance Requirements:
a) RideCo shall meet the Insurance Requirements in Schedule E. RideCo shall contractually require its subcontractors, including the Transportation Operations Provider , to provide and maintain insurance coverage(s) of the type and with the limits specified in Schedule E. It shall be RideCo’s responsibility to collect and maintain current evidence of insurance provided by its subcontractors and RideCo shall forward to City evidence of same . Evidence of insurance provided by RideCo and its subcontractors as set forth in this Agreement is subject to review and acceptance by City.
b) RideCo shall not commence the Services under this Agreement until RideCo has obtained all insurance required under this Section 4.01 and Schedule E, and City has approved the insurance as to form, amount, and carrier, nor shall RideCo allow any subcontract or, including the Transportation Operations Provider, to commence any Services until all insurance required of the subcontractor has been obtained and approved by City. Failure to comply with any part of this Section shall constitute a material breach of this Agreement as set forth in Section 6.02(b).
5. FEES AND PAYMENT TERMS
5.01 Subscription and Services Fee: In consideration of the provision of the Services under this Agreement, City agrees to pay RideCo the Subscription and Services Fee in accordance with Schedule “A”. Incremental payments, if applicable, shall be made as outlined in Schedule “A”. 133
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5.02 Invoicing and Payment Terms. Within fifteen (15) days following each month during the term of this Agreement, RideCo shall provide to City an invoice (“Invoice”). Within fifteen (15) days following City’s receipt of the invoice, it shall pay to RideCo all bona fide amounts owing pursuant to the Invoice. Any such amounts which are not paid by City when due shall bear interest at the rate of twelve percent (12%) per annum from the date due until paid in full to RideCo.
5.03 Float: City shall provide a pre-payment deposit (“Float”) to RideCo for the costs for the ride-share drivers with the amount of the Float specified in Schedule “A” (“Float Amount”) until changed by notice in writing from City to RideCo. RideCo shall have no right to apply the Float Amount to any amounts owing to it with respect to any Invoice unless and until it receives approval in writing from City of such Invoice. Upon termination or expiry of this Agreement, the Float shall be applied to the final approved Invoice payable to RideCo pursuant to this Agreement and the balance of any remaining amount of the Float shall be paid by RideCo to City within thirty (30) days following the expiry or termination of this Agreement. RideCo shall keep detailed records and documents with respect to the Transportation Operations Provider costs, operating hours, and Float Amount and shall provide copies of all documents as may be requested from time to time by City relating thereto.
5.04 Taxes: All charges and fees provided for in this Agreement are exclusive of and do not include any foreign or domestic governmental taxes or charges of any kind imposed by any federal, state, provincial or local government on the transactions contemplated by this Agreement, including without limitation excise, sales, use, property, license, value-added taxes, goods and services, harmonized, franchise, withholding or similar taxes, customs or other import duties or other taxes, tariffs or duties other than taxes that are imposed based on the net income of RideCo. Any such taxes that are imposed on the net income of RideCo shall be the sole responsibility of RideCo. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of RideCo or its employees or subcontractors.
6. TERM AND TERMINATION
6.01 Term: This Agreement commences on the Effective Date and shall run for the duration of the Project term specified in Schedule “A” together with any agreed extensions , unless terminated sooner in accordance with the terms of this Section 6.
6.02 Termination:
a ) Either party may terminate this Agreement with or with out cause by giving thirty (3 0) days’ written notice to the other party.
b) Either party may immediately terminate this Agreement with written notice if the other party: (i) fails to correct a material breach of its obligations under this Agreement within thirty (30) days after receipt by such other party of written notification from the notifying party of such material breach; (ii) ceases to carry on business as a going concern; or (iii) files a bankruptcy petition or has such a petition filed involuntarily against it, becomes insolvent, makes an assignment for the benefit of creditors, consents to the appointment of a trustee, or if bankruptcy reorganization or insolvency proceedings are instituted by or against the other party.
6.03 Survival. The following Sections shall survive the termination or expiration of this Agreement for any reason: 1 (Definitions), 2.03(a) (Restrictions) , 2.04 (RideCo Intellectual Property) , 134
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2.05 (Operational Data) , 2.07 (Pattern Data) , 2.08 (Suggestions) , 2.09 (Reservation of Rights), 2.10 (Confidentiality) , 7.04 (Effect of Termination) , 7.02 (Disclaimer of Implied Warranties) , 7.03 (Service Disclaimer) , 8 (General Provisions) and all terms related to payment (until payments have been made in full) and any other terms herein which expressly state that such terms will survive or which by their nature are required to survive to give effect to the surviving terms stated to survive, shall survive the termination or expiration of this Agreement for any reason and will continue in full force and effect subsequent to and notwithstanding such termination, until such provisions are satisfied or by their nature expire.
6.04 Effect of Termination. On termination, City shall destroy all copies of the Software (and cease all access to the same), destroy or delete all accompanying Documentation and Confidential Information of RideCo and shall provide confirmation of having done so within one (1) week of the effective date of termination.
7. WARRANTIES, INDEMNIFICATION, LIABILITY
7.01 Warranties:
a) Representations and Warranties by Each Party. Each party represents, warrants to the other party that: (i) it is a corporation, duly organized, validly existing and in good standing under the laws of its jurisdiction of incorporation; (ii) it has all requisite power and authority and approvals to execute, deliver and perform its obligations under this Agreement; (iii) the execution and delivery of this Agreement and the performance of its obligations hereunder have been duly authorized by it and any necessary third parties; (iv) it will comply with all applicable laws in connection with this Agreement.
b) RideCo Warranties. RideCo represents and warrants to City that RideCo will perform its duties and obligations hereunder in a careful, diligent, professional, proper, efficient and business-like manner. RideCo further represents and warrants that:
(i) The Services do not infringe any patent, copyright or trademark or violate the trade secret or other proprietary rights of any third party;
(ii) RideCo owns or has exclusive or non-exclusive rights in all patents, copyrights, trademarks, trade secrets and other proprietary rights in and to the Services necessary to grant the licenses herein; and
(iii) RideCo possesses the legal right and authority to execute and perform this Agreement,
Except as expressly provided in this Agreement, the Services are provided ‘as is’ and RideCo does not warrant that the functions performed by the Dynamic Transit System or Services will meet City’s requirements or that the operation of the same will be uninterrupted or error-free.
7.02 Disclaimer of Implied Warranties: Except as set forth in this Agreement, there are no other warranties or conditions of any kind, including without limitation, the warranties that the Services are free of defects, merchantable or fit for a particular purpose. Specifically, RideCo makes no representation or warranty regarding the merchantability, fitness for a p articular purpose or functionality of the Services. All Approved Equipment/Third Party Software is subject to the warranty of its respective manufacturer and no warranty whatsoever is provided by RideCo. RideCo makes no guarantee of the performance, accuracy and results of the Services with respect to Operational Data. This disclaimer of warranty constitutes an essential part of this Agreement. No use of the Services is authorized under this Agreement except under this disclaimer.
7.03 Service Disclaimer & Liability Waiver. RideCo is a technology provider and not a provider of transportation services. To the fullest extent permitted by law, RideCo will not be 135
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responsible for: (i) the actions, inactions, errors, omissions , representations, warranties, breaches or negligence of any passenger or driver or for any personal injuries, death, property damage, or other damages of expenses resulting therefrom; or (ii) the actions, inactions, errors, omissions, representations, warranties, breaches or negligence of Transportation Operations Provider or for any damages or expenses resulting therefrom including without limitation any personal injury or property damage. City expressly waives the right to bring any claim against RideCo, its successors, assigns or related companies, directors, officers or employees in respect of any and all actions, causes of action, damages, claims, cross-claims and demands of any kind in connection with the transportation, vehicular or driver related portions of the Services, except to the extent th at a claim would not have arisen but for RideCo’s gross negligence or willful misconduct. In consideration of the foregoing, RideCo will : (i) provide and maintain the insurance required in Schedule E; (ii) contractually require its subcontractors, including Transportation Operations Provider , to maintain the minimum insurance levels set out in Schedule E ; (iii) add City as a third party beneficiary to the contract between RideCo and Transportation Operations Provider to enable City to bring any transportation, vehicular or driver-related claims in connection with the Project directly against Transportation Operations Provider; and (iv) contractually require its transit service subcontractors, including the Transportation Operations Provider, to defend, indemnify and hold the City and the Santa Clara Valley Transit Authority (the “ VTA”) and their respective officials, directors, representatives, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of the Transportation Operations Provider or the appli cable transit service subcontractor , its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Transportation Operations Provider’s or the applicable transit service subcontractor’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Transportation Operations Provider’s cumulative liability to the City or any other party for damages for any cause whatsoever shall be limited to the amounts outlined in the subcontractor insurance requirements set out in Schedule E . In the event that Transportation Ope rations Provider or any applicable transit service subcontractor is unwilling or unable to accept the foregoing indemnity in Section
7.03(iv) as provided herein, the parties will work together in good faith to present and have the Transportation Operations Provider agree to alternative language in a form reasonably acceptable to the City. If City and RideCo cannot agree as to alternative indemnity language, City shall be entitled to immediately terminate this Agreement pursuant to Section 6.02(b).
7.04 Limitation of Liability:
a) IN NO EVENT SHALL RIDECO BE LIABLE TO THE CITY FOR ANY LOST PROFITS
OR FOR ANY INCIDENTAL, PUNITIVE, INDIRECT, SPECIAL OR CONSEQUENTIAL
DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR L OSS OF
BUSINESS, L OSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOST
SAVINGS OR OTHER SIMILAR PECUNIARY LOSS), HOWEVER CAUSED AND
UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE) AND WHETHER OR NOT RIDECO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
b) RideCo’s cumulative liability to the City or any other party for damages for any cause whatsoever shall be limited to the applicable insurance required of RideCo in Exhibit E. For the avoidance of doubt, RideCo will have no liability in respect of any transportation, vehicular or driver-related claims arising from or in connection with any operation or provision of transit services for the Project. Any transportation, vehicul ar or driver-related claims or other claims of the City in respect of the Transportation Operations Provider’s responsibilities will not be subject to the foregoing restrictions and Transportation Operations Provider’s l iability will be capped at the level of the subcontractor insurance requirements set out in Schedule E. 136
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7.05 Indemnification: RideCo shall defend (at its own cost and expense) and hold City and VTA and their respective officers, officials, agents, a nd employees ( “Indemnified Parties ”) harmless against any and all claims, demands, suits, brought by a third party against the City or VTA that any part of the Services infringes any patent, copyright, trademark or trade secret right of such third party, except to the extent that the actual or alleged infringement has not been caused by the use of a modification of the Software by the City other than a modification provided by RideCo, by the combination and/or use of the Distributed Software with third party software, hardware, data, and/or technology not approved by RideCo in writing or by City’s failure to implement any update or upgrade provided by RideCo. In addition to the defense obligations above, RideCo will indemnify the Indemnified Parties in respect of any damages awarded by a court of competent authority to the third party claimant, any fines levied against the Indemnified Parties in respect of a claim and/or any settlement amounts agreed by RideCo with a third party claimant. As conditions for the foregoing commitments by RideCo, City will promptly notify RideCo of any such claim and provide reasonable assistance to RideCo with respect to handling the claim. RideCo will have the sole right to defend, negotiate and settle any such claim. RideCo may at any time and at its option and expense: (i) procure the right of City to continue to use the Services that may infringe a third party’s rights; or (ii) modify the Services so as to avoid infringement; or (iii) terminate this Agreement and the licenses granted hereunder.
In addition to the foregoing, and as a material part of its obligations herein, RideCo will ensure that its transit service subcontractors, including the Transportation Operations Provider , contractually agree to the flow down indemnification and insurance obligations specified in Section 7.03, above.
8. GENERAL PROVISIONS
8.01 Subcontractors: RideCo may sub-contract the performance of the transportation services provided by and/or managed by the Transportation Operations Provider to third party service providers . In the event that the Transportation Operations Provider’s subcontract is terminated in accordance with its terms, RideCo will use commercially reasonable efforts to find a suitable replacement acceptable to City. City shall not unreasonably withhold, condition or delay consent to the same. In the event that RideCo cannot find a suitable replacement or the replacement is not approved by City, RideCo will have the right to terminate this Agreement on not less than sixty (60) days’ prior, written notice to the City. For greater certainty, RideCo will be solely responsible for payment of its subcontractors, including the Transportation Operations Provider.
8.02 Partial Invalidity: If any provision in this Agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect.
8.03 Assignment: Neither party may assign this Agreement without the prior written consent of the other party. Notwithstanding the generality of the foregoing, RideCo may freely assign this Agreement to a successor in interest upon a merger, acquisition, reorganization, change of control, or sale of all or virtually all of its assets, and any such assignment shall not require the consent of the City. This Agreement shall be binding on and shall inure to the benefit of the parties, their successors and permitted assigns.
8.04 Governing Law and Venue: Except to the extent applicable law, if any, requires otherwise, this Agreement shall be governed by the laws of California. All disputes relating to this Agreement, shall be subject to and dealt with in the courts of Santa Clara County, CA.
8.05 Publicity. RideCo shall be entitled to disclose and publicize in the form of City lists and on its web site and marketing materials, the identity of the City as a client of RideCo, provided that 137
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the use of any trademark/logo of City shall be subject to City’s prior written consent.
8.06 Non-Solicitation. During the term of this Agreement and for one (1) year thereafter, the City shall not, directly or indirectly, in any manner whatsoever, including, without limitation, either individually or in partnership, jointly or in conjunction with any other person, or as employee, principal, agent, director or shareholder, hire any employees of RideCo or induce or attempt to induce any such employees to leave their employment.
8.07 Force Majeure: Neither party shall be liable for any delay or failure in performance due to such acts of God, earthquake, labor disputes, strikes, shortages of supplies, riots, war, fire, epidemics, or transportation d ifficulties, to the extent not in control of such p arty. The obligations and rights of the excused party shall be extended on a week to week basis, provided, however, that a delay of thirty (30) days shall entitle the other party to terminate this Agreement without liability.
8.08 Miscellaneous: This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. This Agreement may be amended only in writing signed by both parties. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. The relationship between RideCo and City is that of independent contractors and neither City nor its authorized agents shall have any authority to bind RideCo in any way.
If any dispute arises under this Agreement, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs associated therewith. The headings to the sections of this Agreement are used for convenience only and shall have no substantive meaning.
8.09 Entire Agreement. This Agreement includes any amendments, supp lements, schedules, exhibits or appendices attached, referencing this Agreement, or expressly made a part hereof by agreement between the p arties and constitutes the entire agreement between the parties hereto.
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IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers as set out below.
CITY OF MILPITAS
Approved By:
Steven G. McHarris, City Manager
Date
Approved As To Form:
Christopher J. Diaz, City Attorney
Approved:
Lauren Lai, CPA, MPA
Finance Director/Risk Manager
Approved As To Content:
[INSERT NAME], [INSERT TITLE]
RIDECO US INC.
Signature
Prem Gururajan
Chief Executive Officer
Date
DIR Registration Number (If Applicable)
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SCHEDULE "A"
PROJECT TERMS AND SCOPE OF WORK
Project Term: 12-months starting on the launch date to the passengers , extendable for an additional 36 months, in 12 month increments at City’s option, subject to agreement of applicable terms including the appropriate Subscription and Services Fee . After the initial 12 -month term, the City will have a one-time option to extend the contract for less than a 12 -month increment . The duration will be determined by mutual agreement by both parties. Further extensions will require an increment of 12 - months.
Zone: Milpitas, CA
Service model: on-demand Hub and Spoke Microtransit using virtual stops, within the Zone Vehicles: Approximately four (4) 6-seat Dodge Caravan (or equivalent) minivans and t hree (3) ADA- accessible 4-seat Dodge Caravan (or equivalent) minivans. The actual number of vehicles scheduled to be in revenue operation will vary subject to day of week, time of day and passenger demand .
Service Hours: 7am-7pm Monday to Friday
Vehicle Revenue Hours: Approximately 21,840 vehicle revenue hours based on 7 vehicles with a minimum of 18,720 vehicle revenue hours with 6 vehicles for the initial Project Term ; Subscription and Services Fee: $58.65 per vehicle revenue hour Purchase of bike racks and installation are not included in the pricing. Price estimates to be provided by Transit Operations Provider prior to purchase and installation of bike racks . Should services and/or insurance requirements change, RideCo reserves the right to adjust the service fees for any changes.
Marketing Budget: approximately $75,000 including vehicle wraps and installation Budget for the initial Project Term not to exceed: $1,355,916 Float: $25,000
City and RideCo may, if mutually agreed upon, add additional hours of service, service area, target rider market, or vehicles in accordance with the terms of the Agreement.
Scope of Work:
Project Management, Training, Software Requirements, and Data Reporting:
1. Project management will be a continuous function and a key responsibility of RideCo. RideCo will develop and maintain an overall project schedule to ensure milestones are met in an efficient manner
2. RideCo shall coordinate with City to refine and approve the service model, including specific stops, schedules, service coverage areas, and cost structure (including potential subsidization).
3. RideCo shall ensure the adequate and complete training of initial operators, dispatchers, operations manager (s), and City staff that are involved in the operation or monitoring of the service. Additional training sessions may be requested under Professional Services fee of $120 per hour.
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4. RideCo will ensure that the functions listed in Schedule “D” Software Functional Requirements are met.
5. RideCo and City will agree upon data reporting expectations and shall include daily ridership information, virtual stop locations, use of referral or promotional codes, qualitative data collected from riders to cap ture travel preferences, and other data as mutually agreed.
6. RideCo will work with City to coordinate a test run of both the software application and service prior to commencement of public revenue service operations .
7. RideCo will provide a standard daily KP I report, including data mutually agreed upon by the City and RideCo. Custom reporting is out of scope but may be requested under Professional Services fee of $120 per hour.
8. RideCo will review data dashboard with the City and transportation partners on weekly basis during the first month of revenue service operations and a monthly basis thereafter, during the Project Term.
9. RideCo will periodically provide City with any recommendations for changes in virtual stops, service hours, or promotions to ensure meeting project goals.
10. RideCo will provide city with a final report summarizing their market, operational findings , viability of long -term service, and recommendations. A presentation on the final report will be provided to city staff.
Branding and Marketing:
1. RideCo will brand the rider mobile application uniquely to the service. City will provide necessary graphics and content for RideCo to brand the application.
2. RideCo will advise the city in the marketing of the service to passengers, including providing examples of successful marketing materials from other client efforts.
3. RideCo will configure and manage referral and promotional codes throughout the duration of the Project.
4. RideCo, through its marketing subcontractor, will design graphics to be placed on the vehicles in accordance with specifications provided by the Transportation Operations Provider .
Transportation Operations Provider will be responsible for having the gra phics placed on the vehicles prior to commencement of vehicle revenue operations .
Vehicles and Drivers:
1. For the initial project term, the minimum number of vehicles in service is 6 vehicles.
2. Driver shift minimum is four (4) hours.
3. RideCo, through its s ubcontractor Transportation Operations Provider, will be responsible for the acquisition, storage, fueling, and maintenance of the appropriate vehicles. Vehicles used in the performance of this contract shall be no more than five (5) years old and/or have no more than 300,000 miles during any time during the initial Project Term or subsequent renewals of this contract. Vehicle registration and vehicle iden tification numbers will serve as proof of age. Vehicles must meet all EPA standards. All wheelchair -accessible vehicles must meet ADA (49 CFR Parts 37 and 38) standards.
4. RideCo, through its Transportation Operations Provider, will provide current California licensed drivers that meet the following criteria:
a. No more than two moving violations in the past three (3) years b. No at fault accidents or major violations (Driving Under the Influence or Driving 141
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