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is in effect as published in the Federal Register on the date of their enroliment in case management for permanent supportive housing.
ii. Individuals or families who are participating in other supportive housing programs, but who met or would have met the HUD definition of chronically homelessness at the time that they enrolled in the other supportive housing program. Other supportive housing prcgrams include, but are not limited to, permanent supportive housing programs, rapid-rehousing programs and transitional hoursing programs. iii. Individuals or families who are participating in othel supportive housing programs, who were homeless at the time that they enrolled in the other supportive housing program and is a person with disabilities. Other supportive housing progrâms inclucle, but are not limited to, permanent supportive housing programs, rapid'rchousing programs, and transitional housing programs. This is intended to provide permanent supportive housing to individuals whose disabling conditions may not have been known at the time of their enrollment in the other supportive housing program.
2. For the CHDR program, "Homeless" is defined as:
i. Literatly Homeless. An individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning:
(a) Has a primary nighttime residence that is a public or private place not meant for human habitation;
(b) Is living in a publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transítional housing, and hotels and motels paid for by charitable organizations or by federal, state and local government programs); or,
(c) Is exiting an institution where (s)he has resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution.
Or,
ii. An individual or family who is fleeing or attempting to flee domestic violence and:
(a) Has no otherresidence; and,
(b) Lacks the resources or support networks to obtain other petmanent housing
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3. For the CHDR program, o'Homeless person with disabilities" is defined in 42 U.S. Code $ I 1360 (9) as follows.
i. In general the term "homeless individual with a disability" means an individual who ís homeless, as defined in section 11302 of this title, and has a disability that- (a)
(l) is expected to be long-continuing or of indetìnite duration; (2) substantially impedes the individual's ability to live independently; (3) could be ímproved by the provlslorr of more sultable housing conditions; and, (4) is a physical, mental, or emotional impairment, including an impairment caused by alcohol or drug abuse, post-traumatic stress disorder, or brain injury; or, (b) is a developmental disabílity, as defined in section 15002 of this títle; or, (c) is the disease of acquired immunodefrciency syndrome or any condition arising from the etiologic agency for acquired immunodeficiency syndrome. ii. For families, the head of household must meet the definition of "homeless person with disabilities" as defined in Section II B 3 i.
C. Eligibility Criteria for the SNDR Program. In addition to meeting the øiteria specified in Section lI A, individuals and families are eligible for the SNDR program if they meet all three requirements as described in Section II C 1, 2, and 3:
l. Meet at least one of the following conditions
i. An adult with disabilities as defined in Section II B 3 i a, b or c, or, ii. The individual or head of household is an adult with a serious mental illness. Pursuant to Section 1912(c) of the Public Health Service Act, as amended by Public Law 102- 321, "adults with a serious mental illness" are peßons: (l) age l8 and over and (2) who cumently have, or at any time during the past year, had a diagnosable mentai, behavioral, or emotional disorder of sufficient duration to meet diagnostic criteria specified within DSM-V or their ICD-10-CM equivalent (and subsequent revisions) with the exception of substance use disorders and developmental disorders which are excluded, unless they co-occur with another diagnosable serious mental illness (3) that
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has resulted in functional impairment which substantially interferes with or limits one or more major life activities;l or,
iii. Have a child or children with a serious emotional disturbance. Pursuant to Section lgll(c) of the Public Health Service Act, "children with a serious ernotional disturbance" are (l ) flrom birth up to age l8 and (2) who currently have, or at any time during the last year, had a diagnosable mental, behavioral or emotional disorder of sufficient duration to meet diagnostic criteria specified within DSM-V or ICD-10 that resulted in functional impairment which substantially interferes with or limits the child's role or functioning in family, school, or community activities.2
2. And, at time of enrollment in the supportive housing progrâm, the inclividuaf or family has an annual income that is no greater than 30% of the area median income adjusted for household size.
3. Thc SNDR will be prioritized for individuals or families who meet the definitions of homelessness as described in Section II B 2. However, SNDR will also be available to individuals or families who:
i. Are unaccornpanied youih under 25 years of age, or families with children and youth, who: (l) are defined as homeless under the other listed federal statutes; (2) have not had a lease, ownership interest, or occupancy agreement in permanent housing during the 60 days prior to the homeless assistance application; (3) have experienced persistent instability as measured by two moves or more during in the preceding 60 days; and, (4) can be expected to continue in such status fbr an extended period of time due to special needs or barriers.
Or,
ii. Will imminently lose their primary nighttime residence, provided that: (1) Residcnce will be lost within l4 days of the date of application for homeless assistance; (2) No subsequent residence has been identified; and, (3) The individual or famìly lacks the resources or support networks needEd to obtain other permanent housing. The nighttime lesidence may be a rEsidential care facility, residential treatment or crisis stabilization program for substance abuse or mental illness, prison, jail, skilled nursing facility, hospital, or other institution ift
1 Federal Register Volume 58 No. 96 published Thursday, May 20, 1993, pages 29422 through29425 ? Federal Register Volume 58 No, 96 published Thursday, May 20, 1993, pages 29422through29425
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(a) Immediately prior to entering the program/institution, the individual (or family) was literally homeless (Section II B 2 i), was fleeing or attempting to flee domestic violence (Section II B 2 ii), or,
(b) While residing in the program/institution, the individual (ol family) lost their housing due to a foreclosure or eviction.
III. COUNTY ROLES AND RESPONSIBILITIIS
A. The County will refer eligible individuals or families, as defined in thìs Second Amended and Restated MOU, to the "Programs," The programs will provide Section I Housing Choice Vouchers or Project Basod Vouchers to eligible individual and families who are enrolled in case management programs. These case management programs may be operated by the County or community-based organizations under contract with the County, The County will ensure that the clients recEive intensive case management services and/or other ongoing supportive services.
B. The County will designate one manager to serve as the primary liaison to the Housing Authority for the Programs.
C. Related to the applicants or program pafticipants, the County, through its employees or designated community-based organízations, will :
1. Refer eligible i¡rdividuals and families to the Housing Authority by submitting complete refemallapplication packets and all required documentation. Participants will be refered to the Housing Authority by date and time of the eligible partioipants' enrollment in case management services or participants' enrollment in other supportive housing programs.
2. Have experience with the target population, including those who are high users of safety-net services such as emergency and acute health services. The primary objective of the supportive services is to help program partícipants obtain and maintain their housing. The Service Provider integrates case management, clinical services, educational and vocational services and housing services to help chronically homeless índividuals obtain and retain permânent housing. The Service Provider is responsible for helping individuals or families:
a. Enroll, engage and remain engaged in services;
b. Obtain permanent housing as quickly as possible, with the goal of moving into housing within 60 days of enrollment in case management;
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c. Remain housed for at least 12 months or leave the program for other stable and affordable housing situations ;
d. lmprove their health and wellness, an indication of which can be a reduction in the unnecessary utilìzation of emergency and acute health services; e. Improve their self-sufficiency by obtaining and retaining sufficient resoutces to meet their basic needs;
f. Obtain and retain stable income that is greater than or equal to $850 per month; g. Receive appropriate medical and behavioralhealth services; and, h, Meet the goals that they set for themselves with respect to self-sufÏiciency, employrnent, and quality of life.
3. Adhere to the tbllowing key service principles,
a, Housing Filst: Housing is the foundatíon upon which homeless persons can end their homelessness, address their health conditions and improve theìr stability and self-suTficiency, the Service Provider makes every effort to place individuals in housing as quickly as possible with the least number of pre- conditions. Once housed, even the "hardest to serve" can succeed with proper support. Participation in services is not required. However, participation in services is encouraged, and the Service Provider is required to continually implement çngagement strategies. The only behaviors that might trigger an involuntary exit from the Programs are those assooiated with serious or repeated lease violationso unit abandonment, incarceration, ot' institutionalization. b. Community-based service delivery: The team provídes clinical services in the settings where the participant is most comfortable,
c. Consumer choice: Each participant can define his/her own recovery goals. d. Recovery: Everyone is capable of recovery but ¡t will look different for each person. With stable housing and appropriate services, individuals will become healthier, more stable, happier and more self-sufficient.
Harm reduction: The Service Provider focuses on reducing the negative consequences ofdrug use, not enforcing sobriety.
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f, Success: The Service Provider continually reinforces the possibility of success for each participant, conveying that faith and hope directly to them, so that they eventual[y believe in themselves.
g. The Service Provider maintains a "whatever it takes" approach to meeting the clients' needs and ensures that the changing needs of the clients are met.
4. Service Components. The Service Provider is responsible for:
ù. Outreach, Enrollment, Assessment and Planning
i. Locating each potential client, establishing trust and rapport and enrolling the individual (or family) in the Service Provider's program¡ ii. Conducting assessments to identifu needso eligibility for entitlement programs (e.g., General Assistance) and self-sufficiency needs; iii. Maíntaining appropriate levels of engagement and sustaining clients' belief in recovery; and;
iv. Developing client-centered service plans to obtain and retain housing, improve health conditions, improve daily living activitíes, increase meaningful daily activities and to achieve long-term stability. b. Housing Attainment and Retention
i. Assist clients to obtain and maintain perunanent housing by assisting with rental application processes (and re-cettifications), appeals, and making referals to services that would facilitate tenancy (e.g., financial education progrâms for those who have been accepted on a credit appeal);
ii. Helping the ólient understand lease provisions and propefty requirements;
iii. Assisting clients with their move-ins includìng coordinating furniture and household goods;
iv. Providing clients with the skills/knowledge to be successful tenants;. v. Helping to resolve disputes between the patticipant, property management and/or other residents;
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vi. Helping individuals respond to effectively and appropriately to lease violations;
vii, Responding to crises identifìed by the client, the property management, or other persons (as appropriate) within one business day; viii. Helping clients relocate to other permanent housing when it is in the best interest ofthe client; and,
ix. Performing wellness checks when needed.
c. Treatment and Services. All services are voluntary, connected to a treatment or services plan, responsive to the participant's needs/diagnosis, and geared toward helping them manage symptoms. The Service Provider:
i. Provides or helps clients access primary careo specialty care, dental care and behavioral health services, including substance abuse counseling, Individual and family counseling, crisis interventionlsupport and medication managemenleducation;
ii. Coordinates health services or supports health care providers in their efforts to coordinate health services;
iii. Assists clients in applying for assistance programs including, but not limited to, Medi-Cal and MediCare, Supplemental Security Income, General Assistance and utilities discounts;
iv. Helps clients access ernployment seruices, job training, and/or volunteering opportuniti es;
v. Identifies, encour?ges and helps clíents connect to social netwotks, peer support and leisure activities; and,
vi. Assists clients with other basic needs such as transportation, foodlnutrition, life skills and basic hygiene.
d. Staffing and Service Model. Individuals' complex needs will require interdisciplinary teams to work in a coordinated manner. These teams rnay be part of one or a few organizations operating under the principles of service models suoh as Assertive Community Treatment (ACT). The size and composition of the team may vary depending on target population, case load size and organizational strengths.
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e. Regardless of team compositiort, each client will be assigned a case manager (aka, Intensive Case Manager, Personal Service Coordinator, Service Coordinator, etc.). The case manager is responsible for completing a full assessment, preparing a Treatment Plan, establishing and maintaining a therapeutic relationship with each participant on their caseload, and for coordinating treatment, services, supportive therapy, and crisis management, The case manager is the primary point of contact for property managers and resident services staff. Case managers will be mobile and will deliver most services at or near a client's home. When warranted by case load size, appropriate facilities and client need, case managers will have offìces (or office hours) on site.
5. Staffing ratios and the frequency of services (e.g., case management sessions and home visits) will adapt based on client needs and progress toward goals. The concept is to have extremely low client to staff ratios during the initial engagement and move-in phase. For example, a case manager may work with five or fewer unhoused chronically homeless persons for three to six months before taking on additional clients. During the initial housing phase - the first 12 ta 24 months of housing - case managers would have case loads of 20 or less clients. During these two phases, case managers and service teams may have contact with clients daily or multiple times per week. It is expected that this intensity wi[[ decrease over tirne as needs decrease. a. As needs and service interactions decrease, clients move into the housing retention phase. While all clients remain a paft of the supportive housing progrâm, client to staff ratios may increaseo the service focus may shift to wEllness goals, and the case management role may shift to peer support specialists or community workers who are a part of or working in conjunction with the Service Provider organization(s).
b. Service levels and staffing ratios will revert to higher levels in response to olient-specific needs and situations. Reversion to higher levels of service may be short-term, long-term or permanent. Regardless of how long a client has been housed, County and its Service Provider is responsible for ensuring an adequate level of service to achieve and maintain the goals described in section III A 2.
6. Administrative Activities, The Service Provider is responsible to the County for accurately documenting services for assessrnent, care planning, clinical, billing, program assessment and reporting purposes. For most providers this includes use of or compliance with standards for the Homeless Management Information System and electronic health records for the specíalty mental health and behavioral health system.
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IV. HOUSING AUTHORITY ROLES & RESPONSIBILITIES
A. The Housing Authority will designate one manâger to serve as the plimary liaison to the County for the Programs.
B. The Housing Authority will from tíme to time allocate additional vouchers (Housing Choice or Project-Based) to the Programs. Prior to allocation, the Housing Authority will coordinate with the County to determine service capacity, [n connection with such vouchers, the Housing Authority will perform the following activities:
l. Perform initial eligibility screening as well as the inítial and ongoing income certifìcations for program participant refemals from the County, or its contractot', for qualification of housing and continued eligibility Ìn the Programs.
2. Conduct initial and ongoing Housing Quality Standards inspections in accordance with applicable regulations. At its discretion, the Housing Authority may use qualified, staff, contractors, County staff, or County's contracted service providers.
3. Once a voucher is issued, the Housing Authority will provide the appropriate rental subsidy (Housing Choice Voucher or Project Based Voucher) until such time as the voucher holder exits from the Programs or is terminated in accordance with the Housing Authority's Administlative Plan. Ptogram participants requesting to move from a Project Based Voucher unit with continued assistance may be offeled a Housing Choice Voucher from the progtâm's allocation.
4, The Housing Authority shall make every effortto issue vouchers to eligible participants within ten ( 10) business days after receiving all necessary documents. f ssuing vouchers in a timely manner is critical to enabling clients to be successful in their housing search.
5. The Housing Authority will evaluate the progress of the Programs through onsite or remote monitoring. The evaluation will include, but is not limited to, monitoring the County's performance and provision of matching selices by reviewing quarterly reports and conducting on site audits at least annually, including review of documentation of all supportive services provided and other documentation to ensure program compliance.
6, The Housing Authority will notify the County of any changes to PBV Housing Assistanoe Payment contracts related to SNDR and/or CHDR,
7. The Housing Authority will continue the collaborative efforts with regularly scheduled meetings with the County to monitor and address any program issues including fair housing. These meetings may include weekly rneetings with the Housing Authority
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lease up teamo case managers, property management staff, County managers, managers from organizations providing case management.
8. For initial lease-ups of new developments with more than 10 project-based vouchers, the Housing Authority will assign sufficíent personnel to ensure that the lease-up is efficient and highly coordinated with the County, property management staff, and service providers.
C. To the extent necessary to administer the Programs and to coordinate supportive housing services, and with the appropriately signed Consent Forms and/or Releases of Information, the Housing Authority will take the necessary and appropriate steps to share voucher holders' personal information with the County, property m{rnogers, snd sorvice providors.
D. The Housing Authority will provide the County with the financial and administrative data that is necessary for the County to effectively manage and improve the permanent supportive housing programs associated with CHDR and/or SNDR. Use of the data may include, but not be limited to, determining ttre fu[[ costs of the programs and reporting on match requirements for grants. At a minimum, for each voucher holder, the Housing Authority will inform the County of: 1) the date that the tenant is housed under the program and has permanently left the program;2) the dates when the housing assistance payments ended and/or restarted due to move-outs or move-ins; and, 3) the amount of housing assistance payments.
The information for individual voucher holders would typically be provided to the County and case managers through the regular course of operations. To ensure the accuracy of information among the Parties, the Housing Authority will also provide the County with monthly summary reports for all participants of the Programs. The monthly summary reports will include tenant identifrcation, the date that the tenant is housed under the program and has permanently left the progråm, the curent amount of housíng assistance payments for each tenant, and the dates when the housing assistance payments ended and/or restafied due to move-outs or move-ins.
V. VOUCHERS AS H{JD COC MATCH
A. The Parties agree that vouchers allocated in relation to this Amended and Restated Memorandum of Understanding may be used as in-kind match. The use of vouchers as match to U.S. Department of Housing and Ulban Development (HUD) Continuum of Care (CoC) Program grants is desuibed in AttachmentA, USE OF VOUCHtrRS AS HUD COC MATCH.
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B. The Parties agree that Attachment A may be periodically revised by mutual written approval by the Directorof the County's Office of Supportive Housing and the Housing Authority's Housing Director.
VI. TERMINATION
Either party may terminate this Second Amended and Restated MOU at any time for convenience and without cause, upon providíng a 180-day notice to the other party at the addresses set forth in section XV betow. The notice shall state the effective date of the termination.
YII.ASSIGNMENÏ
The Parties shall not assign or transfer the performance of this Second Amended and Restated MOU to another entity without the priol written consent of the other. Any attempt by the Parties to assign performance of this Second Amended and Restated MOU, any rights, duties or obligations arising herein shall be deemed void.
VIII.ASSURANCE
Each party represents and waruants that it has the authority to entel' into this Second Amended and Restated MOU.
IX. RELATIONSHIP
Nothing contained in this Second Amended and Restated MOU shall be deemed to construe by the Parties or any third party to create the relationship of partners or joint ventures between the Housing Authority and the County.
X. CONFIDENTIALITY
Personally Identifìable Information (PII). Each party agrees to maintain confidentiality of personally identifrable infornation (PII) of Program clients as required by law, including but not limited to the Privacy Act of 1974 (5 U.S,C. $552a et seq.) and the Electronic Government Act of 2002 (44 U.S.C. $l0l et seq.). Each parry agrees that it will not disclose a Program Tenant's PII to third parties without consent of the Program Tenant unless such disclosure is authorized or required by law. Unlawful disclosure of a Program Tenant's PII shall be considered a material breach of this Second Amended and Restated MOU,
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XI. INSURANCE ANDINDEMNIT'ICATION
Without limiting the indemnification, each Party shall, at its expense, maintaín policies of general and professional liability insurance, or selËinsurance as authorized by California Government Code section 990.4, in an amount of at least one million ($1,000,000) per occunence and two million ($2,000,000) dollars aggregate, against claims and liabilities arising out of or relating to this Second Amended and Restated MOU. The commercial general liability coverage obtained by each Party through the required insurance shall be endorsed to provide coverage to the County as additional insured. Evidence of such coverage will be presented to the other Party. In the event that such coverage is written on a claims-made basis, each Party shall arrange for appropriate tail coverage consistent with the requirements of this section if'l or when such claims-made policy is canceled or not renewed. The provisions of this section shall survive the termination of this Second Amended and Restated MOU. The Parties understand that the foregoing insurance requirements apply only to activities performed pursuant to this Second Amended and Restated MOU and not to any other mental health care or other activities of the Parties.
Each Parly agrees to indemnify, defend and hold harmless the other Pafty, its Board members, officers, directors, trustees, principals, paftners, members, shareholders, related entities, successors and assigns employees and agents (together "Employees and Agents") frorn and against any claim, liability, or loss, actions, causes of action, suits, judgments, orders, administrative proceedings, alternative dispute resolution proceedings, ltneso penalties, demands, obligations, damages, debts, costs expens€s (including without limitation reasonable attorneys' fees) ("Claims"), arising out of or relating to the acts or omissions of the indemnifying party of any of its Ëmployeeç or Agents in oonnection with this Second Amended and Restated MOU. The Parties will cooperate with each other in the investigation and disposition of any claim arising out of the activities of the MOU, provided that nothing will require either Party to disclose any documents, records or communications which are protected under the peer review privilege, the attorney-client privilege, or the attorney work-product privilege. The provisions of this section will survive the termination of this Second Amended and Restated MOU and the indemnification and defense obligations hereunder shall extend to Claims occurring after this Second Amended and Restated MOU is terminated as well as while it is in force, and shall continue until it is fïnally adjudicated that any and all actions against the indemnified parties for such matters which are indemnified herein are fully and finally barred by applicable Laws. The indemnification set forth herein shall include all costs and actual attorney's fees incurred in enforoing this indemnifìcation provision.
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XII. SEVERABILITY
lf any provision in this Second Amended and Restated MOU is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in force without being impaired or invalidated in any way.
XIII. AMENDMENTS
This Second Amended and Restated MOU may be amended only by a written instrument signed by the Parties.
XIV. \ryAIVER
No delay or failure to require performance of any provision of this Second Amended and Restated MOU shall constitute a waiver of that provision as to that or any other instance. Any waiver granted by a party must be in writing and shall apply to the specifìc instance expressly stated.
XV. NOTTCES
Notices to the parties in connection with this Second Amended and Restated MOU shall be given personally or by mail, registered or certifìed, postage prepaid with return receipt requested. Mailed notices shall be addressed to the Parties as follows:
County of Santa Clara
Ky Le
Director, Offïce of Supportive Housing
3 I 80 Newbeny Drive # I 50
San Jose, CA 951 l8
Santa C lara Count)LHousin g Authority
Aleli Sangalang
Director of Housing
505 W. Julian St,
San Jose, CA 951 l0
Notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated on the date of delivery.
xvl. GovERNINc LAW, VENUE
This Second Amended and Restated MOU has been executed and delivered in, and shall be construed and enforced in accordance with, the laws of the State of California. Proper venue for legal action regarding this Second Amended and Restated MOU shall be in the County of Santa Clara.
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XVII. COUNTERPARTS
This Second Amended and Restated MOU may be executed in one or more counterparts, each of which shall be dEemed to be an original but all of which together shall constitute one and the same instrument.
XWII. NON-DISCRIMINATTON
The Housing Authority shall comply with all applicable Federal, State, and local laws and regulations including the County's policies concerning nondiscrimination and equal opportunity in contracting. Such laws include but are not limited to the following: Title VII of the Civil Rights Act of 1964 as amended; Americans with Disabilitics Act of 1990; The Rehabilitation Act of 1973 (Sections 503 and 504); Catifornia Fair Employment and Housing Act of 1973 (Government Code sections 12900 et seq.); and California labor code sections ll01 and 1102. The Housing Authority shall not disuiminate against any subcontractor, employee, or applicant for employment because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status in the recruitment, selection for training including apprenticeship, hiring, employment, utilization, promotion, layoff, rates of pay or other forms of compensation. Nor shall Housing Authority discriminate in provision of services provided under this contract because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status.
XWI. CONTRACT EXECUTION
Unless otherwise prohibited by law or County policy, the Parfies agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term "electronic copy of a signed contl'act" refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format, The term "electronically signed contract" meâns a contract that is executed by applying an electronio signature using technology approved by the County.
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ATTACHMENT A
USE OF VOUCHÉRS AS HUD COC MATCH
This auachment desmibes the use of a subset of allocated vouchers as match to a HUD Continuum of Care Grant. Housing Authority agrees to the following use of vouchers as match:
Senter Road Grant (CAf384)
A. The County is a recipient of a grant, known as the "Senter Road" gtant, project identification number CAl384, fi'om HUD through its CoC Programn and the Senter Road grant must serve 80 chronically homeless individuals in a permanent supportive housing program. The County willuse funds flom the HUD CoC Senter Road grant to msst part of its oblígations described in Section III. COLINTY ROLES AND RESPONSIBILITIES of the Second Amended MOU. The Senter Road grant will have a l -year term and is renewable on an ânnual basis for an additional l-year term.
B. 80 vouchers will be dedicated as in-kind match for the Senter Road grant. These vouchers are part of the 500 vouchers allocated to the Chronicaliy Homeless Direct Referral program, committed by the Housing Authority's Board of Commissioners in September 2016.
C. The vouchers will provide rental assistance to the households served by the Senter Road grant.
D. The avetage amount of rental assistance per month for a 1-person household receiving a voucher administered by the Housing Authority was $1,225 as of March 2017. Based on that monthly average, the estimated amount of rental assistance that will be paid and available as in-kind match for this project is $ I , I 76,000 per year. The actual amount of rental assistance provided will be determined on a client-by-client basis and reported at the end ofthe grant year.
E. During the term of the first year of the Senter Road grant and any subsequent t'enewals during which Housing Authority vouchers are used as in-kind match, Housing Authority agrces to maintain and make available for inspection the records documenting the rental assistance provided on behalf of participants.
F. Upon the County's request, the Housing Authority will provide an annual report of the total amount of rental assistanoe payments provided on behalf of the clients served under the Senter Road grant.
Second Street Studios Grant (C41526)
A. The County is a recipient of a grant, known as the "Second Street Studios" grant, project identification nurnber CAl526, from HUD through its CoC Program, and the Second Street Studios grant must serve 134 chronioally homeless individuals in a permanent supportive housing program. The County will use funds from the HUD CoC Second Street Studios grant to meet pad of its obligations described in Section IIL COUNTY
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ROLES AND RESPONSIBILITIES of the Second Amended MOU. The Second Street Studios grant will have a l-year term and is renewable on an ânnual basis for an additional l -year term.
B. 134 vouchers will be dedicated as in-kind match for the Second Street Studios grant, These Project Based Vouchers were approved in 2015.
C. The vouchers will provide rental assistance to the households served by the Second Street Studios grant.
D. The average amount of rental assistance per month for a l-person household receiving a voucher administered by the Housing Authority was $1,225 as of March 2017. Based on that monthly avçrage, the estimated amount of rental assistance thât will be paid and available as in-kind match for this project ís $1,969,800 per year. The actual amount of rental assistance provided will bç determined on a client-by-client basis and reported at the end ofthe grant year.
E. During the terrn of the first year of the Second Street Studios grant and any subsequent renewals during which Housing Authority vouchers are used as in-kind match, Housing Authority âgrees to maintain and make available for inspection the records documenting the rental assistance provided on behalf of patticipants.
F. Upon the County's request, the Housing Authority will provide an annual report of the total amount of rental assistance payments provided on behalf of the clients served under the Second Street Studios grant.
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1 RESIDENT SELECTION PROCEDURE
Thank you for choosing Hillview Court Apartments as your potential new home. We are delighted that you are interested in our community and the following resident selection criteria is being provided to identify the evaluation process through which your application will be processed.
A waitlist will not be managed by Hyder Property Management or Jamboree Housing for Hillview Court Apartments. All applicants will be referred through the Coordinated Entry System at the Santa Clara County office of Supportive Housing and processed for tenancy in conjunction with the Santa Clara Housing PBV program.
It is the policy of Hyder Property Management to comply with all applicable federal, state, and local fair housing laws and not discriminate against any person based on race, color, religion, sex, family status, national origin, handicap/disability, or any other basis protected by state or local law.
It is the policy of Hyder Property Management that a person with a disability may request reasonable accommodation, a reasonable structural modification, an accessible unit or the provision of auxiliary aids and services, in order to have equal access to a housing program. If you or anyone in your household has a disability, and because of that disability requires a specific accommodation, modification, or auxiliary aids or services to fully use our housing services, please contact the Community Manager for a Reasonable Accommodation/Accessibility Request Form.
The acceptance and processing of the rental application and its application fee does not constitute a guarantee of acceptance for housing. All applicants must meet the itemized criteria listed below to be considered for tenancy. All documentation requested during the application process must be submitted immediately.
1. Application Fees/Holding Deposits
Application fees are $25.00 for every application processed. Application fees are non-refundable and cover the costs of obtaining information about you, including but not limited to the cost of using a tenant screening service or a consumer credit reporting service and the reasonable time spent to validate, review, or otherwise process your application. Application fees are deposited on the same business day. Reusable tenant screening reports are not accepted.
Acceptable forms of payment for the holding deposit and application fee: Cash is never accepted CASHIER’S CHECK MONEY ORDER PERSONAL CHECK CREDIT CARD
X X X
2. Rental Application
All persons eighteen (18) years of age or older, and those deemed to be an adult under applicable law with respect to the execution of contracts, will be required to complete their own separate application. Only applications that are fully completed and signed will be processed for consideration. An applicant’s intentional misrepresentation or intentional omission of any information on the application will be sufficient reason for rejection of the application.
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2 3. Occupancy Guidelines
In accordance with the following guideline, the household composition must be appropriate for the apartment size in which the household is applying.
If the household exceeds the maximum occupancy during tenancy, the household may be allowed to remain in the unit until the lease expires, or for a reasonable period of time after, before being transferred to a larger unit or move from the property. This is not applicable to the addition of adult occupants. Adding unauthorized occupants, without first obtaining management approval, is considered a violation of the lease.
BEDROOM SIZE MINIMUM PERSONS MAXIMUM PERSONS
Studio 1 2
4. Verification Process
Due to the nature of the residents that will be housed at the affordable community Hillview Court, many applicants may have no or negative credit. Therefore, credit will not be considered in the determination of eligibility, however an applicant’s eviction history may be considered.
A. Financial
All income will be verified in writing by the income source indicated on income certification form. All assets, including bank accounts, will be verified in writing. Upon initial occupancy, resident's income cannot exceed _____% of the area median income. Income is restricted in accordance with government agencies and County regulatory agreements. Income limits subject to change.
Third-party income verification will be required from all sources, including but not limited to:
Employment, Self-Employment
Savings and checking
Pension
Disability
Asset verification, property, home, stocks, bonds, annuities, IRA, etc.
Government assistance, A.F.D.C., food stamps, etc.
Social Security
Child Support/Alimony
Non-Tuition Financial Aid
Income calculations are based on the Housing Authority’s methodology and required by HUD.
A credit report will be required for all household members over eighteen years of age. While credit will not be considered in determining eligibility, an applicant’s eviction history may be considered. Persons with Disabilities may be entitled to reasonable accommodations. Applicants will be made aware of their right to a reasonable accommodation in cases where their disability status is a contributing factor to a history of evictions.
Applicants will have the option to include supplementary information with their application to explain any issues related to evictions or may be requested by management to further process their application.
B. Criminal Background Checks
A criminal background check will be made for criminal conviction records for the past three (3) years for all adult Applicants of the household. Reports will be obtained from local and/or state record and may also include local Police records. If the Applicant has resided in a state other than California and has a past felony
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3 conviction, a report will be required from that state or federal organization. However, if information becomes known during the screening process regarding criminal activity that happened before the past three-year period which could impact the Applicant household’s eligibility to live at the property, the Management Agent reserves the right to consider this information as well, if these offenses pose a risk to the health and safety of the community or property. Such offenses would include, serious violent offenses, arson, sexual assault or the manufacturing or distributing of illegal substances. Serious felony offenses and/or continued and ongoing criminal activity may be grounds for rejection if such offenses involve physical violence to persons or property, domestic violence, sexual abuse, the manufacture or sale of narcotics, possession of an illegal weapon, or arson. The nature, severity, and recency of such offenses and/or ongoing or patterns of criminal activity will be considered when reviewing the Applicant and only those potentially impacting the health, safety, security and/or right to peaceful enjoyment of the property of and by other residents, visitors or employees will be considered. Violent Criminal Activity is defined as any activity that has as one of its elements the use, attempted use, or threatened use of physical force substantial enough to cause, or be reasonably likely to cause, serious bodily injury or property damage. Drug-related criminal activity means the illegal manufacture dispensation, distribution, or sale of illegal drugs with the intent to manufacture, dispense, and distribute. At the request of an applicant or case manager, a reasonable accommodation request will be considered to appeal any application denial based on information obtained from criminal background checks.
It is important to consider that at any given time during the application process, Management reserves the right to ask for additional clarification for nonviolent criminal records occurring within the past three years.
The applicant and/or referring case manager (with the approval of the applicant) will be given an opportunity to appeal a denial on their own or on behalf of the applicant. However, all applicants will be required to demonstrate that they meet program requirements.
C. History of Responsible Tenancy, Behavior and Conduct A landlord resident verification will be obtained if available, for the previous two years. Previous landlords during the past two years may also be contacted. A determination will be made regarding whether or not the applicant has demonstrated a record of good conduct which could constitute a material violation of Hillview Court Occupancy Agreement provisions or applicable tenancy law. If such record is found Management reserves the right to ask for additional clarification. If housing references are not available due to the applicant experiencing a period of homelessness, a homeless certification will be required.
Minimum Income limits or Resident Rent may not apply to participants in subsidy programs such as VASH, Section 8 and other subsidized rental assistance programs
Adding unauthorized household occupants, without first obtaining management approval, is considered a violation of the lease. Additions to an existing household requires a full third-party recertification of all existing household members in addition to the income certification for the new member of the household, including third-party verification. If there are any changes to a household’s composition or income prior to move-in, management must be informed immediately.
All households will be required to recertify their income and assets annually prior to their move-in anniversary date. If a household fails to comply, a notice to terminate tenancy will be issued and the household will be required to move.
D. Rental History
Applications may be denied for the following reason:
1) A public record of more than 1 (one) unlawful detainer action or eviction within 3 years.
Hyder Property Management will conduct an individualized assessment to determine whether the applicant
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4 poses a direct threat to others or property prior to making a final decision on whether to accept or deny the application. The individualized assessment will take into account relevant mitigating information such as (1) the facts or circumstances surrounding the criminal conduct; (2) the age of the individual at the time the conduct occurred; (3) evidence that the individual has maintained a good tenant history before and after the conviction or conduct; and (4) evidence of rehabilitation efforts.
E. Mitigating Circumstances
An applicant who lacks sufficient credit or rental history or who has a credit, rental and/or criminal history that does not meet the above criteria may ask Hyder Property Management to consider any mitigating circumstances that the applicant may wish to provide before a final decision to accept or deny the application is made.
An applicant may:
1) Request consideration of mitigating circumstances at the time the rental application is submitted; and/or
2) Submit documentation of any mitigating circumstances along with the rental application; and/or 3) Request a Mitigating Circumstances Interview in the event the applicant is notified that he/she did not meet the above Applic ation Criteria.
In addition to any information provided by the applicant regarding the mitigating circumstances, Hyder Property Management may also consider:
1) The impact that stable housing will have on helping the individual achieve personal stability; 2) Whether homelessness or unstable housing was the cause or a major contributing factor to the issues that caused the applicant’s failu re to meet the Application Criteria; 3) The nature, extent and seriousness of the past behavior or action and the amount of time that has passed since the behavior or action took place;
4) The extent to which disability or disabling conditions contributed to the behavior or circumstances and evidence that the applicant has taken or is taking appropriate action that makes it reasonably likely the applicant would be able to refrain from any future behavior of the nature that caused the applicant’s fail ure to meet the Application Criteria; 5) The availability of rental subsidies, other financial assistance or financial assistance programs (e.g., representative payee services) to limit the risk of non-payment of rent; 6) The extent to which the applicant’s current or previous actions have addressed or are mitigating the underlying conditions which caused the previous action or behavior; and 7) Other factors which indicate a reasonable probability of favorable future conduct and of the applicant being able to meet the obligations of the lease and follow the rules of the property, including evidence of reha bilitation and applicant’s willingness to participate in social services.
After reviewing all of the information and documentation provided during the Mitigating Circumstances Interview, Hyder Property Management shall make a final determination whether to accept (with or without conditions) or deny the application and shall notify the applicant of same in writing within 72 hours from the date of the Mitigating Circumstances Interview.
Available units will not be held open during the consideration process.
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5 F. REJECTED APPLICATIONS
Applications may be rejected for any of the following:
1) Blatant disrespect, disruptive or th reatening behavior toward management, the property, or other residents exhibited by an applicant or family member any time prior to move-in. 2) A negative landlord or other reference;
3) Convictions as described in paragraph II (B);
4) Falsification of any documentation or information on the application; 5) Household size that does not conform to the stated minimum and maximum sizes; 6) Income exceeding the area median based upon income limits established at the property;
G. Waiting List
Applicants will be referred by Santa Clara County Office of Supportive Housing and processed for tenancy in conjunction with the County of Santa Clara Housing Authority PBV program. The property will process referrals in the order received and will track applicant name and contact information, household size, household income or AMI (Area Median Income), status of application, regulatory agency preferences, and any other information deemed necessary for the property or specified in regulatory agency requirements.
H. Rules
1. Pets
No pets will be allowed at Hillview Court Apartments. Assistive animals for persons with disabilities are not considered to be pets but do require advance written approval of management.
2. Smoking
This community is a smoke free community. This community offers _____ does not offer _____ smoke free apartment homes. If the apartment home or any part of the community is smoke free, the resident, members of the resident’s household, or resident’s guests or visitors, shall not smoke anywhere prohibited and identified in the Smoke Free Addendum.
3. Water Furniture
Liquid filled furniture over ten (10) gallons is allowed but requires proper insurance coverage and prior written approval. A certification of insurance in the amount of $100,000.00 evidencing liquid filled furniture coverage must be provided prior to bringing any liquid-filled furniture into the household.
4. Photo Identification
All applicants will be required to provide a government-issued photo identification to confirm identity. If an applicant’s identification cannot be verified, it is grounds for rejection.
5. Conduct
Applicants may be rejected for conduct displayed during the tour or application process that would constitute a violation of the lease policies. Applicants must display the ability to comply with lease policies.
Denied/Approved with Conditions
Denied or conditionally approved applicants will be notified in writing of the reason for denial or conditional approval. Consideration may be given for extenuating circumstances where this would be required as a reasonable accommodation for disability when determining the acceptability of tenancy. A Grievance Procedure is attached as Exhibit A as in accordance with applicable state or federal program regulations for the resolution of disputes.
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6 Applicant Acknowledgement:
I/we acknowledge that our application will be reviewed and a consumer credit report, public search and/or an investigative consumer report that discloses the consumer’s character, general reputation, personal characteristics and mode of living will be obtained. A copy of any such report(s) will be provided to the applicant upon request.
I/we, the applicant(s), acknowledge that I/we have received a copy of the application criteria and understand the terms of possible residency.
____________________________________________ _____________________________ Applicant Signature Date
____________________________________________ _____________________________ Applicant Signature Date
____________________________________________ _____________________________ Applicant Signature Date
EXHIBIT A
Tenant Grievance Resolution Process
This grievance procedure ensures that tenants have every opportunity to express concerns and have them resolved in and fair, equitable and prompt manner. The policy and the procedure noted below apply to any grievance related to your living environment, staff, etc. Grievance resolution is the process by which reasonable solutions are sought in response to a tenant expressing concerns in their living environment and services provided. It is encouraged that an informal grievance resolution is attempted prior to resorting to a more structured process. This process is not meant to substitute the legal process. Once legal proceedings have commenced tenants will not be allowed to resort to the grievance resolution process.
Step 1
If you believe that property management or resident services site staff has not addressed a concern or complied with the terms of the lease, for example, incomplete service requests, property concerns not addressed in a timely manner and/or have acted in a manner that you feel has adversely affected you, we urge you to speak directly with the site staff with whom you disagree. If the issue at hand is a verifiable health and safety concern, it will be addressed within 48 hours. If your concern remains unaddressed after 5 business days, you may proceed to Step 2 and complete the “Step 2” Formal Meeting Request Form. The form is available, upon request, in property management and resident services offices, management’s corporate offices and the property website.
Step 2
Upon receipt of your “Step 2” Formal Meeting Request Form, the site staff in question will contact you to schedule a meeting within 5 business days. The goal of the meeting is to further clarify the area(s) of concern and discuss reasonable forms of resolution. The site staff will send an acknowledgement letter within 5 business days after your meeting. We believe that most areas of concern can be resolved through effective communication and clarification of the areas of concern. If your concern remains unaddressed and/or you have not received a meeting date within the 5 business days, as noted above, you may proceed to “Step 3” and complete the “Step 3”
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7 Supervisor Reporting Form. The form is available, upon request, in property management and resident services offices, management’s corporate offices and the property website. The form should be faxed or e-mailed to:
Title: Name: Email:
Property Management
Supervisor
Residential Service
Supervisor
Step 3
Upon receipt of your “Step 3” written request form, site staff’s supervisor will review your report along with any back up documentation related to your concern and will inquire with site staff about the steps taken to resolve the issue(s) on the request. The supervisor will determine if further information, clarification and/or communication is needed to better understand the area(s) of concern and steps taken to resolve.
If no further information is needed, the site staff’s supervisor will analyze the steps taken by site staff towards resolution and deem the steps reasonable or unreasonable per corporate policy, regulating agencies and/or public authorities. Upon site staff’s supervisor’s assessment, she/he will give site staff additional directives to bring the concern to full resolution or will determine the case closed. A written update or determination will be provided to the resident within 10 business days of receipt of the “Step 3” written request form.
If your concern remains unaddressed and/or you have not received a written update or determination within 10 business days, as noted above, you may proceed to “Step 4” and complete the “Step 4” Corporate Supervisor Reporting Form. The form is available, upon request, in property management and resident services offices, management’s corporate offices and the property website. The form should be emailed to:
Title: Name: E-mail
Vice President, Operations Michelle Pruitt [email protected] Director, Supportive Services Noel Kammerman n [email protected]
Step 4
Upon receipt of your “Step 4” written request form, a corporate supervisor will review your report along with any back up documentation and will inquire about steps to take to resolve with staff. The corporate supervisor will determine if further information, clarification and/or communication is needed to better understand the area(s) of concern.
If no further information is needed, corporate supervisor will analyze the steps taken by staff towards resolution and deem the steps reasonable or unreasonable per corporate policy, regulating agencies and public authorities.
Upon Supervisors assessment she/he will give staff additional directives to bring the concern to full resolution or will determine the case closed. Written update or determination will be provided within 10 business days of receipt of your “Step 4” written request form.
Step 5
If all the steps above have been exhausted and a reasonable solution has not been reached the resident may request ownership’s intervention via the corporate supervisor. The cooperate supervisor will provide ownership a copy of all the documentation related to the grievance and will analyze the steps taken towards resolution.
Ownership will confirm if property management or resident services has explored all reasonable avenues towards resolution by providing final recommendations towards resolution or by confirming that no further intervention is plausible.
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8 PROPERY MANAGEMENT
Lead at every step of the process
RESIDENT SERVICES
Lead at every step of the process
Step 1 Step 1
Property Manager/Support Staff Resident Serv ices Coordinator/Support Staff Step 2 Step 2
Property Manager Resident Services Coordinato r
Step 3 Step 3
Property Management Supervisor Resident Services Supervisor Step 4 Step 4
Property Management Corporate Supervisor Resident Services Corporate Supervisor Step 5 Step 5
Ownership Representative Ownership Representative
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COMPLEX NAME
LOCATION
Date /
Time
Name and Address
Telephone Number
Elig.
For
RA
Y/N
Race /
Ethnic
Codes
Displaced
Priority
Code
Farm
Worker
Code
Need
Assessible
Unit
Y/N
Household
size
Income
code
Unit
Size
Lease
Date
Reason Removed
Comments
Rejected
date
Withdrawn
Date
Ethinicity Codes: Race Codes: Farm worker code: Priority Codes:
H - Hispanic 1 - American Indian or Alaska Native 1 -Active farm laborer LOPE - Hol der of Letter of Priority Entitlement N - Not Hispanic 2 - Asian 2- Reti red or disabled local farm laborer D - Disabled Household Member 3 - Black or African American 3- Retired or disabled not local farm laborer Income Code:
4 - Native Hawaiian or Pacific Islander V - Very Low
5 - White L - Low
M - Moderate
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INSTRUCTIONS FOR MAINTAINING WAITING LISTS
You must maintain a master waiting list AND a separate sub-waiting list:
• If RD/FL property, must have separate sub-waiting list for bedroom size and transfers.
• IfHUD property, must have separate sub-waiting list.
This means that if you are a RD/FL propert y, you will have three (3) waiting lists: the "Master" waiting list AND the "RD Bedroom -Size" sub-waiting list and/or "RD Transfer" sub-waiting list. Transfers are considered priority tenants over new move-ins.
If you are a HUD property, you will have two (2 ) waiting lists: the "Master" waiting list AND the "HUD" sub-waiting list.
If you are RD/FL/HUD, you will have four (4) waiting lists: the "Master" waiting list, the "RD Bedroom-Size" sub-waiting list, the "RD Transfer" sub- waiting list, and the "HUD" sub-waiting list.
The MASTER WAITING LIST, under "Date/Status" points the person reading the waiting list to the appropriate sub-lists. (Bedroom-Size, Transfer or HUD)
• As an example, Mr. Smith (applicant) hands you an application and you place his name on the "Master" waiting list. Under "Date/Status", you note that you have placed him on the "RD Bedroom-Size" sub-waiting list on a specific date.
• If you are a HUD property, you will al so place Mr. Smith on the "HUD" sub- waiting list, and note that on the "Master" waiting list as well.
The forms discussed above will immediately follow.
Upon receiving the application, immediately note the date and time of day you received the application in the box at the top of the application.
Review the application for basic eligibility only. If it is determined th at the applicant is not eligible for one of the following two reasons, you may send a rejection letter as outlined in the section on rejections. The two reasons for rejection at this point are:
I. Family Size: There are maximum and mi nimum family sizes for your project according to the size of units available. Refer to the occ upancy section for a detailed chart.
2. Income Limits: There are ma ximum income limits set for your project. Refer to the section on Occupaney.
Applicants will remain on the wait list until they are reject ed, withdrawn, moved in, or purged. Allow at least two lines per applieant; DO NOT skip a line in between. DO NOT number the applicants because as people are removed, the numbers will have no significance.
The Wait List is purged at a minimum, once per year.
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Once a person is removed from the wait list, draw a line through the name - that way it is easy to see who is next in line. Make certain that you do th is on the "Master" as well as the sub-lists noted above.
Once a person nears the top of the wait list (# 1 or 2), you should begin processing the application in order to have a tenant ready to move in sh ould a vacancy occur (remember an income verification is good for 90 days).
The contact sheet attached to the application should be used for details of all contacts with an applicant and details of all background checks. The contact record on the wait list will be used to note reasons a tenant may have been passed over or special instructions such as "can't move in now, but wants to stay on list". A person shoul d be moved to the bottom of the list if they refuse a unit without good cause.
The disposition column must be filled in before a person's name is removed from the list.
The applications to back up all of those rejected and wi thdrawn must be kept in folders marked "rejected" and "withdrawn" for at leas t three years. Detailed reasons for rejection or withdrawals will be noted on the contact sh eet along with the date and the initials of the manager.
\WORD\Waitlist.instructions 9/15/2014
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Project Name
Address
Telephone
Date:
To:
Dear Applicant:
Thank you for applying for admission to _
Apartments. At this time we are filling al l vacancies from the wa iting list. The average length of the wait is----------------- however, your wait may be longer or shorter depending on unit turnover.
Please notify us immediately if any of the following events occur, as any change may effect your admission:
1. You move to a new address.
2. You get a new telephone number.
3. The size of your family changes.
4. Your income changes (increases or decreases).
You should contact us ev ery six months from the date at the top of this letter to reaffirm your interest in being admitted. If we do not hear from you and cannot contact you, we must remove your application from the waitin g list and place it in the inactive file.
You may call, drop us a line, or stop into the office.
Resident Manager
"In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national 01 ꞏigin, age, disability, religion, sex, and familial status. (Not al l prohibited bases apply to all programs).
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (800) 795- 3272 (voice) or (202) 720-6382 (TDD)."
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SECURITY PLAN
The following security measures will be implemented at the property:
Security Cameras: Security cameras will be installed in key locations (to be approved by Hudson prior to installation) at the property in order to monitor the site, entrances, and common areas and will be linked with an inte gral digital video recording system. At a minimum, camera locations must include all entran ces (pedestrian and vehicular), the interior of the parking garage, all elevator lobbies, and common areas.
PATROLS OR GUARDS: Confirm with Sponsor.
Graffiti removal plan: Graffiti will be removed within 12 hours of first identification by onsite personnel. Immediate removal of graffiti will deter gang activity in and around the site area.
Maintenance: Properties are to be mainta ined in excellent physical condition with excellent landscaping, painting and common area maintenance. Deterioration of the buildings can lead to a perception of disorder and is to be avoided.
Site Lighting: Site lighting will be provided along all peri meter walls with suff icient levels of illumination to provide a strong de terrence to crime. Lighting will also illuminate walkways and common areas on both sites.
Landscaping: The landscaping plans will be designed to limit planting around entrance ways and windows to discourage hiding places and ensure that sight lines are not impaired.
Key Control & Policy: All master keys to be maintained and controlled by onsite management with monthly reports to be pr ovided to Management Company. Maintain a record of all keys issued. All keys are to be stamped with “Do Not Duplicate.”
Employee Security Training: Employees will be trained on security systems, lighting plans and key policy. Security training will be provided at date of hire and one to two times annually.
Resident Crime Prevention Lectures: Residents will be given regular training and seminars (at least two times annually) on how to avoid being a victim of cr ime, protecting their personal property and avoiding being the victims of scam artists.
Signage: Signage will be posted indicating that th e building is monitore d by cameras and an alarm company.
Address Signs : Signs will be visible and illuminated during evening hours to provide easy identification by first responders.
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Parking Garage Security: Parking garage gates will be accessible through remote control only.
Security camera surveillance will be provided at the entrance to and within the garage. Sufficient lighting will be provided to illuminate all areas of the garage. 379
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1 PROPERTY
LEASE AGREEMENT
This residential lease is made this day of between _ as Management (hereinafter referred to as "we" or "us") and as Resident (hereinafter referred to as "you").
We lease to you and you rent from us the premises, described as follows: A - bedroom dwelling unit designated as Unit Number or resi dence address at , located at , together with fixtures, accessories, and the following appliances and furniture:
Refrigerator, Range & Hood, Smoke Alarm(s), Window Coverings, and:
The lease is subject to the following terms, conditions, covenants, and agreements:
1. Regulations
This lease and your occupancy are governed by the requirements allowing owner to receive Low Income Housing Tax Credits (LIHTC). If any terms or conditions of this lease are incons istent with regulations of this agency, then the agency regulations shall control.
2. Term
This lease will begin on ,20 and will end on ,
20 , or until terminated either by you or us as provided in this lease.
3. Rent
A. The initial rent for the premise is $ per mont h to be paid by or on behalf of you to us at the: Property Office, located at: , phone” .
B. Rent shall be paid in advance on or before the first day of each mont h and is late on the sixth day. If rent is not paid before the sixth day, you will be charged a late rent charge of $ .
C. Rent shall be adjusted periodically in accordance with Section 4.
4. Income Certification and Re-certification & Adjusted Rent
A. Your eligibility for this rent is based on informa tion that you have provided to us regarding your household income, assets, and household size. Each year , prior to renewal of th e lease, within 30 days after receiving notice from us, you agree to provide updated information on a form we provide you. You agree that all such information re garding household size, income and a ssets provided to us is true, complete, and correct to the best of your knowledge. You further agr ee that failure to provide such Ybarra Village Apartments
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2 information, or providing false or misleading information, will result in the termination of your occupancy and eviction from the premises.
B. We will additionally adjust the rent described in Section 3 periodically. The first adjustment may occur so that the rent adjustment date will coincide with the project fiscal year. We will give you 30 or in some cases 60 days written notice prior to the effective date of any rent adjustment and will execute a new lease, lease amendment, and or change of terms amendment, providing for the rent adjustment.
5. Security Deposit
Tenant will pay in advance of occupying the unit, a security deposit in the amount of $ , which shall not exceed the rent for two months. We may apply the deposit after you vacate the premises to repair any loss or damage cau sed by you or your guests to the prem ises or development other than normal wear and tear. We also ma y apply the deposit for the paymen t of rent due and owing from you.
Within twenty-one days after you vacate the premises, we will repay the security deposit without interest, less any amounts deducted, to you at your forwarding address or such other address as you may designate in writing. At the same time, we will provide you with a written itemized statement describing the reason for and the cost of any deductions from the deposit in excess of $126.00 as per California law.
6. Utilities
Tenant will pay for telephone service and the following utilities, including all fees, deposits, and charges therefore:
7. Use
A. You shall use the premises as, and only as, your primary place of residence. You shall not permit any illegal activity or use on the premises. The premises shall be occupied only by members of your household consisting of Adults (anyone over 18 year s of age) and children (anyone under 18 years of age) with the following names and no other. You must inform us in writing and receive written approval from us prior to allowing any other person to reside in the unit or visit for longer than 14 days in any 45 day period.
Name Date of Birth Social Security #
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3 B. Project regulations set forth minimum and maximum household sizes. If as a result of a change in the number of persons in your household, your household size decreases to below the minimum or increases to above the maximum allowed under th e Regulations for your unit size, we may terminate this lease or at our option require that you move to a different-sized unit.
8. Maintenance
You shall keep the premises and all fixtures, accesso ries, and appliances in a clean, sanitary, and safe condition. If you or your guests cause or permit damage to the premises, you shall be liable for the cost of repair.
9. Remodeling and Alterations
You shall not undertake any remodeling, redecoration, or alteration, including built-in shelving, painting, wallpapering, and window covering, to the premises without receiving our prior written permission.
10. Rules
You shall comply with written rules we issue rega rding use of the premises and common areas. Any amendment to the rules shall be e ffective 30 days after the notice ther eof to you. You shall not cause or permit on the premises or common area, excessive noise or any other activity that disturbs the peace and quiet of other residents or neighbors. You shall not cause or permit any activity constituting a nuisance on or about the premises or which adversely affects the health or safety of any person, nor shall you interfere with the management of the premises. By initiali ng as provided, you acknowledge receipt of a copy of such rules, a copy of which is attached to and made a part of this lease. (Initials).
11. Sublease or Assignment
You shall not sublease or assign this lease or any portion thereof. If you attempt to sublease or assign this lease, the lease shall be null and void and no right to occupy the premises shall arise from any attempted sublease of assignment.
12. Entry and Inspection
a. We or our agent may enter and inspect the premises after giving reasonable notice to you for the purpose of:
b. Making necessary or agreed upon repairs;
c. Inspecting for compliance with the terms of this lease;
d. Showing the premises to prospectiv e lenders, purchasers, residents, co ntractors, repair workers, or representatives from the project;
e. Performing contracted pest control services;
f. Conducting annual and any other inspections.
Twenty-four hours notice or more shall be consider ed reasonable notice for the purpose of entry and inspection. In addition, we or our agent may enter the premises wi thout notice if necessary in any emergency.
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4 13. Joint Responsibility
You must be 18 years of age or older and not under the care of a parent or guardian to sign this lease. You acknowledge that this lease is between us and each person executing this lease jointly and individually. In the event of default by any one, eac h and every person who executed the lease shall be responsible for payment of the total rent stated in Section 3 or amended by Section 4 and all other provisions of the lease.
14. Hold Harmless and Waiver
We do not provide insurance for your personal prope rty. You agree to indemnify and hold us harmless and in no way accountable for personal injury and or property damage caused or permitted by you or any other person on the premises with your consent except as may be caused by our negligence.
Security. Resident acknowledges that Landlord has made no representations that the property is a "secure" complex and that Resident is safe from theft, inju ry or damage. Gates, fences and locks are provided primarily for the protection of Land lord's property and are not warra nties of protection or are they specifically provided for the protecti on of Resident's or guests' person s or property. Resident shall take appropriate measures to protect Resident's own property and report to the Police any suspicious activities, person or persons occurring on or about the general premises.
Liability/Damage Responsibility. Resident agrees to hold Landlord ha rmless from all claims of loss or damage to property and of injury or death to persons caused by the intentional acts of negligence of the Resident, Resident's guests or invi tees, or occurring on the premises rented for Resident's exclusive use.
Resident expressly absolves Landlord from any and a ll liability for any loss or damage to Resident's property or effects arising out of water leakage, or breaking pipes, or theft, or other causes beyond the reasonable control of Landlord. This includes damage to Resident's or guest's vehicles while parked on the property. In the event the prem ises are damaged by fire or othe r casualty covered by insurance, Landlord shall have the option either to:
1. Repair such damage, this Agreement continuing in full force and effect; or
2. Give notice to Resident terminating this Agreement.
Landlord shall not be required to re pair or replace any property br ought onto the premises by Resident.
Resident agrees to accept financia l responsibility for any damage to the premises from fire, water or casualty caused by Resident's negligence. Resident is encouraged to carry a standard renter's policy or as an alternative, warrants that Resident will be financially responsible for losses not covered by Landlord's fire and extended coverage insuranc e policy. In no event shall Resident be entitled to any compensation or damage due to any extra expenses, annoyance, or inconvenience for loss of use due to a casualty beyond the control of the Landlord.
15. Possession
If we are unable to deliver possession of the premises at the time the lease begins, we shall not be liable for any damage caused thereby, nor shall this lease be void or voidable, but you shall not be liable for rent until possession is delivered. You may terminate this lease by written notice to us if possession is not delivered within three days of the beginning of the terms of this lease.
16. Your Obligations
You agree to:
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5 a. Comply with all obligations imposed upon you by app licable provisions of state and local building codes materially affecting health and safety.
b. Keep the premises and such other areas as may be assigned for your ex clusive use in a decent, clean, sanitary, and safe condition and the inside of premises maintained according to acceptable housekeeping standards.
c. Dispose of all garbage, rubbish, and other waste fro m the premises in a san itary and safe manner including Paragraph 5 of the House Rules.
d. Use only in a reasonable manner and in a manner designed to conserve gas, electricity and water: all electrical, plumbing, sanitary, heating, ventilating, and other facilities and appliances.
e. Promptly notify us of the need of repairs to the premises and known unsafe conditions in the common areas and grounds of the project.
f. Refrain from and cause your household and guests to refrain from destroying, defacing, or removing any part of the premises or project, including placing contact paper, decals, or paint on the premises.
g. Pay for repairs or damage to the premises, project building, facilities, or common areas that you or your household or guests intentionally or negligently caused.
h. Conduct yourself and cause other persons who are on the premises with your consent to conduct themselves in a manner which will not disturb neighbor's peaceful enjoyment of their accommodations and will be conducive to maintaining the project in a decent, safe, and sanitary condition.
i. Refrain from any illegal activities.
j. Park in assigned parking areas and cause guests to park only on the st reet and not park in resident parking areas, common driveways or lawn areas, a nd not block access to other residents or emergency vehicles.
k. Comply with the written rules described in Section 10 above.
17. Our Obligations
We agree to:
a. Comply with the requirements of applicable state and local building and housing codes and regulations materially affecting health and safety.
b. Within a reasonable time, make necessary repairs to the premises to keep them in habitable condition.
c. Keep project building, facilities, and common areas, not otherwise assigned to tenants for maintenance and upkeep, in a clean and safe condition.
d. Maintain in good and safe working order and condition smoke detectors, electrical, plumbing, sanitary, heating, ventilating, and other facilities and appliances supplied or required to be supplied by us.
18. Termination and Eviction
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6 a. You may terminate residency by giving 30 days advan ced written notice to us. If you do not give the full 30-day notice, you shall be liable for the rent up to the end of the 30 days from which notice was required, or to the date the unit is re-rented, whichever comes first. You agree to vacate the premises no later than the expiration date of such notice, remove all your persona l property, and le ave the premises clean and in good repair, normal wear and tear excepted.
b. We may terminate your residency in the premises, if after the house hold size certification required by Section 4 of this lease, you no longer meet the occupancy standards for the premises. You shall vacate the premises no longer than sixty days from such receipt of notice of termination.
c. If the unit you occupy is subject to state or federal ru les governing low-income housing tax credits, those eligibility provisions shall govern continued eligibility for occupancy.
d. We may terminate this lease and, if necessary, evict you if:
1. You fail to move out of the pre mises on or before the effective date of termination given in the notice required in Subsection 18-A above.
2. You materially breach the terms of this lease. A material breach means:
(a) Nonpayment of rent or any financial obligation under the lease after expiration of a 3-Day Pay or Quit Notice, or
(b) Four or more late rent payments within any 12-month period received after the fifth day of the month, or four or more lease violations of any kind in any 12-month period. (c) Failure to reimburse us within 30 days or other reasonable time agreed upon by you and us for repairs required to maintain the premises (Section 8 of this lease), or (d) A breach resulting in damages to the premises or any other portion of the project, or (e) A breach which adversely affects the health, safety, or quite enjoyment of any resident or visitor to the premises, or
(f) A breach which interferes with our responsibilities. (g) Any illegal activities.
3. You fail or refuse to provide the income information upon income certification required by Section 4 of the Lease or intentionally provide false or incomplete information.
e. Any notice of termination or eviction shall contain a statement of the facts constituting the cause for the termination or eviction. In any evicti on we shall have the right to recover reasonable attorney fees and costs in addition to any other judgements.
19. Waiver
This is the entire agreement and th is agreement will not be modified except in writing and signed by all parties.
Our failure to insist upon the strict performance of the terms, covenants, agreements, and conditions contained herein, or any of them, shall not constitute, or be construed as a waiver or relinquishment of our right thereafter to enforce any su ch term, covenant, agreement or c ondition, but the same shall continue in full force and effect.
20. Megan's Law Notice: Assembly Bill 488 and the California Department of Justice, sheriff's departments, police departments servicing jurisdictions of 200,000 or more provides the public with Internet access to 385
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7 detailed information on regi stered sex offenders pursuant to paragr aph (1) of subdivisi on (a) of Section 290.4 of the Penal Code. The database is updated on a quarterly basis and is a source of information about the presence of these individuals in any neighborhood. The law is not intended to punish the offender and specifically prohibits using the information to ha rass or commit any crime against an offender. http://www.meganslaw.ca.gov.
21. Additional Lease Provisions
Additional provisions are incorporated and attached to this lease as:
(1) House Rules and Regulations
(2) Lease Addendum of Drug and Crime-Free Housing
(3) Low-Income Housing Tax Credit Lease Rider – Good Cause for Eviction (4) Low-Income Housing Tax Credit Lease Rider – Income Cert, Verification, False Stmnts (5) Mold/Moisture Disclosure Statement / Mold & Mildew Addendum (6) Satellite Dish Installation Form
(7) Tax Credit Addendum
22. Acknowledgement
As consideration for your continued fulfillment of the terms and conditions of this lease, we agree that you may, during the effective period of this lease, have and enjoy the use of the premises described above.
Management: Hyder Property Management
Professionals Co-Resident:
Name
By: _ Date:
Co-Resident:
Title Name
Date: Date:
Co-Resident:
Date:
Co-Resident:
Date:
\WORD\TaxCreditLease 12/8/05
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\WORD\RulesReg.all Rev.5/16/2011
1 RULES AND REGULATIONS
Project Name
FORWARD
The rules and regulations cont ained in this handbook are an important addition to the lease agreement that you have signed.
Each tenant is responsible to become acquainted and comply with its contents. It should be retained on file with your copy of the lease agreement.
This apartment project is operated in accordance with the laws, policies and standards prescribed by the Governing Agency.
The information in this handbook defines tenant-management responsibilities. The responsibilities stated herein to be accomplished by the tenant are not considered more than could be expected of any prudent homeowner or tenant. Your support will enable us to continue to administer this project and maintain a high standard which w ill merit your pride as an individual in this community.
The insurance policy that the owner carries does not insure the property of the tenants. Your personal property (furniture, clothes, vehicles, etc.) is not covered by our insurance. We urge you to buy a Renters Insurance Policy to cover your personal belongings. These policies are inexpensive and available from almost any general insurance agent.
If you need our assistance as your Managing Agent, please contact us at 1649 Capalina Road, Suite 500, San Marcos, CA 92069-1226 or call us at (760) 591-9737.
HYDER PROPERTY MANAGEMENT PROFESSIONALS
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\WORD\RulesReg.all Rev.5/16/2011
2 RULES AND REGULATIONS
I. Office hours are posted at the office. In case of emergency you may reach the managers at their apartment, or call 911.
II. Rent Payment
Rent payments are to be made at the office during regular office hours, either in person or by U. S. Mail.
For tenants who receive their income by mail, accommodations can be made for slow mail delivery or unusual mailing dates by contacting the manager in the office in advance.
Any tenant who has not paid their rent by the end of the grace period will be assessed a late charge unless prior written approval has been obtained from the manager.
Rent payments are to be made with cashier s check, certified check, money order or valid personal check. There will be an additional ch arge as allowed by the Agency(ies) on any check returned by the bank, except HUD properties. HUD requires that an additional fee for NSF returned checks is allowed beginning with the SECOND time a NSF check is returned.
The manager is required to give each tenant a numbered receipt, showing the project name upon payment of the rent or any other payments except redeeming a bad check. The receipt must be dated and for the exact amount paid. KEEP YOUR RECEIPTS - THEY ARE FOR YOUR PROTECTION!
III. Definitions of Responsibilities
A. Maintenance of the apartment units and cleanliness of the adjoining grounds is a joint responsibility of the tenant and mana ger. Both are obligated to take care of and to prevent damage to the apartment, the apartment building, and the adjoining grounds, shrubbery and trees.
B. The tenant agrees to the following:
1. No pets or animals of any kind are permitted on the premises without the prior written consent of the manager.
2. To use the laundry facilities at their own risk and to assist in keeping these facilities clean. Not to use the laundry for storage, entertainment or play area. The project owner or manager is not responsible for loss or damage to personal property. Hallways, balconies, railings, fences and patios will not be used for the drying of clothes.
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3 3. Not to allow the firing of firearms, air rifles, pellet guns, sling shots or other projectile devices on the property, or throw objects at, or from the apartments.
4. Not to allow skate boarding, roller sk ating, recreational bicycling or any other similar activity on the premises.
5. To give the manager your current home and work phone number during the term of this Agreement.
6. No water lines and/or electrical extension cords are to be extended outside the apartment.
7. Not to allow any guest to stay on th e premises beyond that allowed in the lease, or longer than a total of 14 days and nights in any 45-day period, whichever is shorter without the prior written consent of the manager.
8. Not to store any personal property anywhere except inside their unit. Patios and balconies are not storage areas, however, bicycles may be kept on patios and balconies.
9. There will be a charge of $25.00 to any tenant who needs assistance in re- entering his apartment because he lock ed himself out after 8:00 p.m. if the manager is available. Tenants may hire a locksmith at their own expense to open their apartment but not to change the lock.
10. Not to allow objects to be hung, placed on, or suspended from the buildings, fences, or rails on the premises.
11. No other water filled furniture is allowed unless approved through reasonable accommodation.
12. Not to alter any lock or install a new lock on any door of the premises without the prior written c onsent of the manager. In case such consent is given, tenant shall provi de the manager with a key for the use of management pursuant to management's right to access the premises.
13. Door, mailbox keys, and secu rity keys must be returned to the manager at the time resident vacates . If not, the tenant will be charged the cost of changing the locks and replacing the keys.
14. Exterior antennas of any kind are prohibited except as allowed by law.
15. Any alteration that will affect the apartment community's outward appearance, such as installing drapes , must be approved in advance by the manager in writing. No foil, sign, advertisements or similar display shall be 389
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4 affixed to any door, window or exterior wall so as to be visible from the outside of the building.
16. Not to allow the posting of signs, notices or advertisements on the premises except on the bulletin board.
17. Not to violate any laws, or dinances or other legal provisions of Federal, State, County or Local Community, a nd not to conduct a business or any type of "Sales" on the property.
18. Tenants are responsible for the proper control of their guests and to ensure respect for the neighbors ' right to privacy. Occ upants or guests are not permitted to play in stre ets, parking areas, trees, laundry rooms, corridors, walkways, on fences, or in entranceways or stairways.
19. Damage caused by occupants or guests will be repaired and charged to the tenant. Lessee will keep occupants or guests from writing on or otherwise damaging floors, sidewalks, and the interior and exterior walls of buildings.
20. No wading pools will be placed on lawns or any other landscaped areas.
C. Parking & Parking Areas:
1. To register with the office the cu rrent vehicle description and license number of all vehicles parked on the complex and provide proof of insurance.
2. No repairs or fluid changes may be performed on vehicles anywhere on the premises.
3. The parking of house tra ilers, camper shells, moto r homes, boats, utility trailers or similar type vehicles or any vehicle used for storage is prohibited.
4. No vehicle may be parked on the premise that is longer than 18 feet or wider than 6 feet or higher than 6 feet without prior written approval of the manager.
5. Car washing is not permitted on the premises.
6. Inoperative vehicles and vehicles wit hout a current legal license plate or uninsured vehicles are not allowed in parking areas. Tenant agrees that such vehicles will be towed away at tenant's expense after placing notification on vehicle three (3) days in advance, (72 hours), including all weekends and holidays.
7. Do not park in "no parking" areas. These areas must remain clear at all times 390
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5 to permit access by emergency vehicl es and service vehicles. Vehicles parked in these areas will be towe d away immediately at the owner's expense without notice!
8. Always park between striped lanes only. No parking in any other areas.
9. No unit will have more than the approved number of vehicles on the project at anytime without the prior written approval of the manager. The approved number for this project is .
10. No gas-operated vehicles or machines will be stored inside the unit or on patios, breezeways or balconies at any time.
11. Vehicles causing damage to the parking areas from oil or other leaks must be removed. Tenant agrees that su ch vehicles may be towed away at tenant's expense after 72-hours notice, including weekends and holidays.
D. Repair and Maintenance:
1. Tenants are responsible for the cleanlin ess of their apartment as would be expected of a prudent homeowner. Mainte nance repair requests need to be reported to management. Request for maintenance must be made by phone or in person to the office during normal office hours. No maintenance orders can be taken except through th e office. The manager and/or agency will make periodic inspection of each unit upon giving you a 24-hour prior written notice.
2. All damage to the unit will be charged to the tenant in possession.
3. Fine nail picture hangers may be used (not to exceed 3/4" long). Large nails or screws are not permitted.
4. Window covers: Tenants are responsi ble for damage be yond normal wear and tear to window coveri ngs. Water stains are the responsibility of the tenant, so please close windows when it is raining. Tenants may install their own drapes or other window covering only with the prior written consent of the manager.
5. Modification or extension of the electrical system is prohibited.
6. Modification or alteration of the plumbing and piping system is prohibited.
7. Replacement of interior light bulbs is the tenant's responsibility.
8. Place all trash in dumpsters. Flatten or tear apart all boxes and cartons before placing in dumpsters. Garbage not suitable for the garbage disposers should be thoroughly wrapped and placed inside dumpsters. 391
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6 9. The control of insects and rodents is a joint responsibility of the tenant and manager. Insects and rodents must have food and wa ter to exist and multiply. Good housekeeping practices an d cleanliness will eliminate the source of food and water thus reduci ng the pest population. The tenant is responsible to take prev entative measures such as periodic pl acement of roach tablets, and spraying in appropri ate places. If this fails, assistance should be obtained from the manager.
E. Mail
1. Furnish a change of address card to the Post Office.
2. Advise all your correspondents to in clude your apartment number in the address.
3. Notify manager of all prolonged absences. All mail must be held for you by the post office. Manager cannot accep t or hold your mail or any other deliveries. Any such delivery will be rejected.
F. Quiet Enjoyment
No tenant will make or a llow to be made any distur bing noises upon the premises by himself, his family, employees, agents, visitors, etc., nor permit anything to be done by such persons that will interfere with the rights, comforts, or convenience of other tenants. No tenant shall play upon or allow to be played upon, any musical instrument or operate or allow to be ope rated a record player, stereo equipment, radio, or television in the premises so as to disturb any neighbor.
G. No Security Guards or Services to be Provided.
You acknowledge and understand that landlord or agent will not provide any security personnel, security guards or security services with respect to the Project and that we are not responsible or liable for any criminal acts or damage and, to the extent permitted by law, you hereby waive all claims against us relating thereto.
You additionally acknowledge and agree that we will not be liable for losses due to theft, vandalism or the like and further agree that you will indemnify and hold the landlord and managing agent harmless from and against any and all claims, liabilities, expenses, causes of action or damages occurring, arising out of, or relating to the Project including, but not limited to, acts of third parties on or adjacent to the Project. Again, we urge each tenant to get renter's insurance.
Failure of the management or owner to insist on the strict performance of the requirements in the rental agreement or th e rules and regulations or any of them will not constitute a waiver or relinquishment of the mangers or owners rights thereafter to enforce any such agreement or rule, but the same shall continue in full 392
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7 force and effect.
In accordance with the Rental Ag reement, these House Rules now b ecome a part of that Rental Agreement.
IN WITNESS WHEREOF, the partie s have executed this agreement in duplicate on the date set forth below at , California.
TENANT DATE
TENANT DATE
TENANT DATE
MANAGEMENT/OWNER DATE
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Item # 15.
LEASE ADDENDUM OF DRUG AND CRIME-FREE HOUSING
In consideration of the execution of renewal of a lease of the dwelling unit identified in the lease, Owner and Tenant agree as follows:
1. Tenant, any members of the tenant's household, or a guest or other person under the tenant's control shall not engage in criminal activity, in cluding drug-related criminal activity, on or near the property's premises. "Drug-re lated criminal activity" means the illegal manufacture, sale, distribution, use or possession with intent to manufacture, sell, dist ribute, or use of a controlled substance (as defined in Section 102 of the Controlled Substance Act (21 U.S.C. 802).
2. Tenant, any member of the te nant's household, or a guest or other person under tenant's control shall not engage in any act intended to facilitate criminal activity, including drug-related criminal activity, gang activity, or illegal defacement of property with graffiti, on or near public property and premises.
3. Tenant or members of the household will not permit the dwelling unit to be used for, or to facilitate criminal activity, including drug-relate d criminal activity, regardless of whether the individual engaging in such activity is a member of the household or a guest.
4. Tenant or members of the hous ehold will not engage in the manufacture, sale, or distribution of illegal drugs at any location, whether on or near project premises or otherwise.
5. Tenant or members of the household, or a guest or other person under tenant's control shall not engage in acts of violence, including but not limited to, the unlawful discharge of firearms, threatening and/or brandishing of weapons likely to cause serious bodily injury, or acts likely to provoke an act of violence on or near property premises.
6. VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL VIOLATION OF THE LEASE AND GOOD CAUSE FOR TERMINATION OF TENANCY. A single violation of any of the provisions of this added addendum shall be deemed a serious violation and a material noncompliance with the lease. It is understood a nd agreed that a single violation shall be good cause for termination of the lease. Unless otherwise provided by law, proof of violation under this Addendum shall not require criminal conviction, but may exist by a preponderance of the evidence.
7. In case of conflict between the provisions of this Addendum and any other provisions of the lease, the provisions of the Addendum shall prevail.
8. This Lease Addendum is incorporated into and shall become a part of the original lease or any renewal of said Lease between Owner and Tenant.
Date: Date:
OWNER TENANT
CO-TENANT
WORD\Drug-CrimeFreeLeaseAddendum
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Item # 15.
RESIDENT NOTIFICATION LETTER
As a Resident of ( name of property), a development funded under the Low Income Housing Tax Credit program, you have certain rights stated in your lease and the Lease Rider attached. Your landlord must follow the federal and state rules for the Housing Tax Credit Program. One of the important protections provided by federal law is that you cannot be evicted from your home without a good reason, or “good cause”.
Your landlord may not evict you without good cause. Good cause is generally serious or repeated violations of the terms of your lease. The landlord must state the good cause in any notice seeking to terminate your tenancy. If you contest the eviction, the landlord must then file a court action and prove the good cause to a judge.
Attached are a Notice and “Lease Rider” that outline the protections you can enforce. The attached Lease Rider should already be signed by your landlord. You and all members of your household aged 18 or older must also sign the Lease Rider and return it to your landlord by (
date).
The Lease Rider only needs to be signed at initial move-in. If at any time additional adult household members enter the unit or a child turns 18, they should sign the existing form with the current date. You may view the current Lease Rider Form at the following web site:
http://www.treasurer.ca.gov/ctcac/compliance/leaserider. If you do not have Internet access, you may call (916) 654-6340 and request a copy of the current form.
If you have any questions concerning this matter, please contact your Resident Manager , or your landlord at .
Sincerely,
Property Representative Name (print) (Property Name) Date
Encl:
(1) Lease Rider
(2) Notice - Good Cause Eviction Protection
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Item # 15.
LOW INCOME HOUSING TAX CREDIT LEASE RIDER
(to be attached to resident lease)
Property Name:
Household Name:
Unit #
Dear Resident or Applicant:
The owner(s) of this property rents residential units under the federal Low-Income Housing Tax Credit Program (the “program”) administered by the California Tax Credit Allocation Committee (TCAC). Under the program, the owner has agreed to rent some or all of the units in the property to low-income households and restrict the rents for those units. Another protection provided by federal law is that Low Income Tenants may not be evicted without good cause.
The following Lease Rider is an important part of ensuring your rights to good cause for eviction.
The Lease or Rental Agreement dated is hereby amended by adding the following provision:
Lease Rider: Good Cause for Eviction
Owner may not terminate the tenancy the Lease or rental agreement of a Low Income Tenant except for good cause, including a serious or repeated violation of the material terms and conditions of the Lease, or a violation of applicable Federal, State, or local law. To terminate the tenancy the Lease, Owner must provide written notice to the tenant of the grounds with sufficient specificity to enable the tenant to prepare a defense. The notice must be served at least three days before the termination of tenancy, and must comply with all requirements of California law and other applicable programs. Tenant has the right to enforce this requirement in state court, including presenting a defense to any eviction action brought by Owner.
To the extent that any terms contained in the Lease or rental agreement, or any other agreement between the owner and the tenant, contradict the terms of this Rider, the provisions of this Rider shall control.
By signing below, I indicate my consent to this Lease Rider:
Property Representative Name (print) (signature) Date
************************************************************************************* By signing below, I indicate my consent to this Lease Rider. I/we have been given a copy of this Lease Rider.
Resident or Applicant Name (print) (signature) Date
Resident or Applicant Name (print) (signature) Date
Resident or Applicant Name (print) (signature) Date
Resident or Applicant Name (print) (signature) Date
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Item # 15.
NOTICE – GOOD CAUSE EVICTION PROTECTION
As a resident in a “Housing Tax Credit Program” rental unit, you have a right to continue living in your rental unit unless you do something that gives your landlord “good cause” to evict you. This notice provides basic information about your rights.
Why are you being notified of your right against eviction without “good cause”?
The federal law that created the Housing Credit Program requires this protection. The California Tax Credit Allocation Committee requires your landlord to notify you and amend your lease.
You and your landlord must also sign the “Lease Rider” to make this important resident protection part of your lease. This “Lease Rider” has already been signed by your landlord and should be attached to this notice for your signature.
What is “good cause” for your landlord to evict or to terminate your tenancy?
There is no specific list of “good causes” to evict residents. Rather, this matter has been left to the courts to decide and define. However, your landlord would have “good cause” if you commit a serious or repeated violation of the significant terms of your lease. Some examples of what might be considered good cause are failure to pay rent on time, failure to cooperate with legal recertification requirements, and engaging in illegal activity on the premises.
What if your lease does not yet include protection against being evicted without “good cause”?
Even if your lease does not state this protection, you have the right NOT to be evicted without “good cause.” To strengthen this protection, you should immediately sign and return the “Lease Rider.”
What procedures must the landlord follow to evict me?
Before you can be evicted, your landlord must give you a written notice of the reasons – the “good cause” – that is specific enough for you to present a defense if you wish. You do not have to move out after the notice if you believe there is no good cause. Whether you agree or disagree with the notice, you should never ignore it. If you choose to stay and contest the eviction, the landlord must file and serve you with a court action, called an “unlawful detainer”.
This court action must be based on the same good cause stated in the notice. You have the right to show why there is not good cause at a hearing in court. The judge will then decide whether the landlord has shown good cause. You only have to leave the premises if the court orders you to do so.
IMPORTANT! If you receive an eviction notice or court papers, you should contact an attorney immediately for legal advice.
Who should you contact if you have more questions?
Please contact your resident manager, local legal services office, local housing rights organization, or a private attorney.
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LOW-INCOME LEASE RIDER
THIS RIDER, AN INCOME CERTIFICATION, AND AN
EMPLOYER VERIFICATION MUST BE OBTAINED FROM
ALL TENANTS OF APARTMENTS FOR WHICH LOW-INCOME
HOUSING TAX CREDITS ARE REQUIRED.
=====================================================================
Tenant:
(If there is more than one adult occupant, each one must complete and sign a rider.)
Lease Date:
Apartment:
Building Address:
The undersigned tenant hereby certifies and agrees as follows:
1. Income Certification. My attached income certification is true, correct, and complete. I agree to provide a similar certificat ion annually upon request during the term of my occupancy.
2. Employer Verification. The landlord or property mana ger has my permission to verify my income from my employer, using the attached form now and on an annual basis.
3. False Statements. If my income certif ication and/or any lease application submitted by me is false, or if I fail to provide annual certifications, the landlord or property manager will have the right to terminate my lease and recover possession of my apartment.
I understand that the landlord and property mana ger are relying on my in come certification in accepting me as a tenant, and that the landlord w ill be seriously harmed if my income does not qualify the apartment for low-inco me housing tax credits. This rider shall be considered part of my lease.
Date: , 20
Tenant:
(Signature)
\WORD\LOW-INC.RID.Tax Credit 3/04 6-39
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Apartments
Mold & Mildew Addendum
Apartment #
This mold and mildew addendum dated , is attached to and made part of the lease dated (the "Lease") by and between
and Apartments.
As a part of the on-going maintenance control at Apartments, please understand that the above-stated apartment was inspected, cleaned and painted prior to your move-in.
Resident(s) acknowledge that is necessary for resident(s) to provide appropria te climate control, keep the unit clean, and take other measures to retard and prevent mold and mildew from accumulating in the unit. Resident(s) agrees to clean unit on a regular ba sis to remove visible moisture accu mulation on windows, walls and other surfaces as soon as reasonably possible. Resident(s) agrees not to block heating, ventilation or air-condition ducts in the unit. Resident also agrees to immediately report to the management office:
1. Any evidence of water leak or excessive moisture in th e unit as well as in a ny storage room, garage or common area.
2. Any evidence of mold or mildew -like growth that cannot be re moved by simply applying a common household cleaner and wiping the area.
3. Any failure or malfunction of the heating, ventilation or air conditioning system in the unit.
4. Any inoperable windows and doors.
Resident further agrees that resident shall be responsible for damage to the unit and Resident's property as well as injury to Resident and Occupants resulting from Resident's failure to comply with terms of this Addendum.
A default under the terms of this Addendum shall be deemed material default under the terms of the Lease, and the Lessor shall be entitled to exercise all the rights and remedies by law or in equity. Except as specifically stated here, all other terms and conditions of the Lease shall remain unchanged. In the event of any conflict between the terms of this agreemen t and the terms of the Lease, the terms of this Addendum sha ll control. Any term that is capitalized but not defined in this A ddendum that is capitalized and define d in the Lease shall have the same meaning for purposes of this Addendum as it has for the purposes of the Lease.
Resident Date Owner/Agent Date
Resident Date
Resident Date
\WORD\mold&mildew.addendum 1/28/03
399
Item # 15.
SATELLITE DISH INSTALLATION
Renters are now allowed to install dishes or certain other antennas in specific locations. The Federal Communication Commission (FCC) ruling enables tenants to install certain dishes on private balconies, porches or other area where the individual tenant has the exclusive use and other tenants do not share such area.
DISHES ARE PROHIBITED IN THE FOLLOWING AREAS:
1. Rooftops or fascias
2. Window sills
3. Common use areas such as balconies, stairways or yards
4. Outside walls or fences
Dishes may be installed on private patios or balconies; however no part of the dish or antennae may extend beyond the patio or balcony railing line.
No holes may be drilled in patio or balcony railings or window installations. No holes may be drilled in any part of the roof. No holes may be drilled in any exterior wall without prior written consent of the lessor.
Legitimatesafetyrestrictions will beimposed even in areas wheredishes or antennas arepermitted. Examples:
Fire codes, which prevent installation for evacuation reasons. Installations requiring a certain distance from power lines. Electrical codes that require certain types of grounding. Proper methods of securing antenna
Tenants who wish to install a dish or antenna must secure written consent from the management office before proceeding!
By signing below I agree to ask management’s approval prior to installing any type of Satellite Dish:
Tenant Date
Co-Tenant Date
Co-Tenant Date
Co-Tenant Date
Word/SatelliteDishInstall
400
Item # 15.
1 TAX CREDIT ADDENDUM
The following additional provisions are incorporated in full in the lease between
, hereinafter called “Owner/Agent” and
, hereinafter called
“Tenant, for the premises at: , California,
hereinafter called “Premises”. In case of any conflict between these and any other provisions of the lease, these provisions shall prevail.
Disclosure. Tenant acknowledges the property is to be operated in accordance with the requirements of the Low Income Housing Tax Credit Program (Program) governed by Section 42 of the Internal Revenue Code. Tenant’s rights are subject to the eligibility requirements under the Program. Tenant must cooperate with landlord in certifying their eligibility for the Program. Tena nt’s continued occupancy is subject to this eligibility and is subject to termination if tenant’s fails to comply with the program or any terms and conditions of this addendum.
Application Information. Tenant hereby certifies that the information supplied by tenant to landlord during the application process is accurate and complete in all respects.
Should landlord later become aware that tenant supplied false, incomplete or inaccurate information, landlord may terminate the lease immediately.
Breach. Each obligation of the lease, addendums, application and certification is material. Any violation thereof or misrepresentation of any information pertaining thereto shall constitute a material breach of the lease.
Income Certification. Tenant must be initially certified for the Program and will be re- certified annually thereafter. Tenant has or will complete and execute an Income Certification Form prior to commencement of the lease term, and shall complete and execute further Income Certification Forms at Landlord’s request at least annually hereafter. Landlord will contact the tenant prior to the annual certification date to begin processing the necessary paperwork. It will be the responsibility of the tenant to fully cooperate and provide all necessary information. The recertification process may include an interview with management to determine continued program eligibility, verification of all income, asset and other eligibility information. Failure to provide accurate and timely income certification and/or re-certification will constitute a breach of the lease.
Rental Adjustments. Each year the maximum allowa ble rental rates and utility allowances are reviewed by the appropriate agencies and the rental rate is adjusted in accordance with these published changes by giving the tenant written notice as required by California law.
401
Item # 15.
2 Excessive Rents. If the landlord determines that the unit has become ineligible for the program due to the tenant paying more than the maximum amount of rent, including applicable utility allowance, then landlord shall pay tenant the amount of such excess.
Landlord shall use its best efforts to locate tenant to pay back the excess if tenant is no longer in possession of the premises.
Student Status. Tenant shall notify landlord in writing if there are any changes in the student status of anyone in the household, including replacement tenants or occupants occupying the premises at any time. Landlord may elect to terminate the lease or not renew the lease if anyone in the household becomes a student and landlord determines that the student status would adversely affect the eligibility of the “Premises” under the program.
Felony Conviction. Tenant shall notify landlord in writing if anyone in the household is convicted of a felony at any time. Landlord may elect not to renew this lease if anyone in the household is convicted of a felony and landlord determines that the felony status would adversely affect the eligibility of the “Premises” under the program. If the felony is committed on the premises, landlord may terminate the Lease immediately in accordance with California law.
Void Provisions. If any provision of this addendum is deemed to be unenforceable, the remaining provisions shall remain in full force and affect.
Good Cause for Eviction or Non-renewal of the Lease. Owner may not terminate the tenancy or refuse the Lease or rental agreement of a Low Income Tenant except for good cause, including a serious or repeated violation of the material terms and conditions of the Lease, or a violation of applicable Federal, State or local law. To terminate the tenancy or effuse to renew the Lease, Owner must provide written notice to the tenant of the grounds with sufficient specificity to enable the tenant to prepare a defense. The notice must be served at least three days before the termination of tenancy, and must comply with all requirements of California law and other applicable programs. Tenant has the right to enforce this requirement in state court, including presenting a defense to any eviction action brought by Owner.
Termination for non-compliance. Landlord may terminate the lease for any noncompliance by the tenant or any member of tenant’s household that adversely affects the federal tax exempt status of the “Premises’” under the program.
Landlord:
Property Name
Authorized Agent for Landlord
By:_ Date:
You are legally bound by this document. Please read it carefully. and sign on the following pages.
402
Item # 15.
3 Tenant:
Date:
Signature
Print name
Tenant:
Date:
Signature
Print name
Tenant:
Date:
Signature
Print name
Tenant:
Date:
Signature
Print name
403
Item # 15.
LEASE ADDENDUM
PUBLIC ACCESS DISCLOSURE
The following additional provisions are incorporated in full in the lease between , hereinafter called "Owner/Agent"
and , hereinafter cal led "Tenant", for the
premises known as Apartment # , at ,
California. In case of any conflict between thes e and any other provisions of the lease, these provisions shall prevail. The tenant agrees to the following:
Megan's Law Notice: Assembly Bill 488 and the Californ ia Department of Justice, sheriff's departments, poli ce departments servicing jurisdictions of 200,000 or more provides the public with Internet access to detailed information on registered sex offenders pursuant to paragraph (1) of subdivision (a ) of Section 290.4 of the Penal Code. The database is updated on a quarterly basis and is a source of information about the presence of these individuals in any neighborhood. The la w is not intended to punish the offender and specifically prohibits using the informati on to harass or commit any crime against an offender. http://www.meganslaw.ca.gov.
Owner/Agent Tenant Date
Authorized Representative Tenant Date
Date Tenant Date
Megan’sLawLeaseAddendum-All-3/14/06
(Use Only If Not Already In Lease)
404
Item # 15.
Bedbug Addendum
This community has a comprehensive plan of action to follow when we encounter bedbugs in our community. Bedbugs are now a pandemic, not just here in the United States, but around the world. Following a systematic plan will ensure that issue is mitigated quickly and will protect other residents, family members, and guests in the community. Every effort is made to protect residents from the social embarrassment associated with having a bedbug infestation. Because self-treatment poses extreme dangers to residents and family, we require that a licensed pest management professional be engaged to help respond and treat infested apartments. Without full cooperation of the resident, this treatment program will not be successful. Because involving a pest management professional in the eradication plan is very difficult and costly, we require residents to cooperate fully in the treatment solution and policies relating to controlling bedbug infestations.
Integrated pest management requires that the resident, landlord and pest management professional work together. Lack of cooperation will result in termination of tenancy.
This Bedbug Addendum (this “Addendum”) is made and entered into as of this day of , 20 by and between (the “Landlord”) and (the “Resident”). This Addendum will acknowledge that all parties are aware of bedbug issues and will cooperate throughout the tenancy to deal with potential issues.
Landlord has inspected the unit and is aware of no bedbug infestation upon move-in on .
Resident(s) claim that all furnishings and personal properties to be moved into the premises are free of bedbugs (Resident Initials) (Resident Initials) (Resident Initials) Resident(s) hereby agree to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:
1. Inspection. Check for hitch-hiking bedbugs. If you stay in a hotel or another home, inspect your clothing, luggage, shoes and personal belongings for signs of bedbugs before re-entering your apartment.
Check backpacks, shoes and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.
2. Duty to Report. Resident shall report any problems immediately to Owner/Agent. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other units. Manager will then be given access to rental unit for inspection within 24 hours of Resident being given written notice.
3. Mandatory Cooperation. Resident shall cooperate with pest control efforts. If your unit or a neighbor’s unit is infested, a pest management professional will be called in to inspect and eradicate the problem.
4. Bed Bug Treatment. In the event of a bedbug issue, Resident agrees to execute the “Bed Bug Treatment Agreement” attached as Exhibit A. In addition, Resident must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:
a. Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.
b. Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Call Management for removal and disposal. Empty dressers, night stands and closets. Remove all items from floors and bag all clothing, shoes, boxes, toys, etc.
Bag and tightly seal washable separately from non-washable items. Used plastic bags must be disposed of properly.
Bedbug Addendum - 1
405
Item # 15.
c. Wash all machine-washable bedding, drapes, and clothing, etc. on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.
d. Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.
e. Move furniture toward the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.
5. Indemnification. Resident agrees to indemnify and hold the Landlord harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys’ fees that Landlord may incur as a result of the negligence of the Resident(s) or any guest occupying or using the premises.
6. Property Insurance. It is acknowledged that the Landlord shall not be liable for any loss of personal property to the Resident, as a result of an infestation of bedbugs. Resident agrees to obtain personal property insurance to cover such losses.
7. Default. Any Default of this Addendum or of the Lease by Resident shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Resident’s right to possession of the premises for material non-compliance.
The following will be considered material non-compliance of the Lease and Addendum:
a. Any misrepresentation by the Resident in this Addendum. b. Refusal to execute the Bed Bug Treatment Agreement.
c. Failure to promptly notify the Landlord of the presence of bedbugs. d. Failure to adequately prepare for treatment in the sole discretion of the pest control professional.
e. Refusal to allow the Landlord to inspect the premises. f. Failure of the Resident to have personal property insurance to cover damage or losses to furniture.
g. Any action that prevents treatment of the Unit or potentially exasperates or increases the bedbug issue.
8. Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control.
By signing below, the undersigned Resident(s) agree and acknowledge having read and understood this addendum.
Dated: / /
Resident
Resident Date
Community Manager
Bedbug Addendum
Hyder Property Mgmt
10/30/2013
406
Item # 15.
VIOLENCE, DATING VIOLENCE U.S. Department of Housing OMB Approval No. 2502-0204 OR STALKING and Urban Development Exp. 6/30/2017
Office of Housing
LEASE ADDENDUM
VIOLENCE AGAINST WOMEN AND JUSTICE DEPARTMENT REAUTHORIZATION ACT OF 2005
TENANT LANDLORD UNIT NO. & ADDRESS
This lease addendum adds the following paragraphs to the Lease between the above referenced Tenant and Landlord.
Purpose of the Addendum
The lease for the above referenced unit is being amended to include the provisions of the Violence Against Women and Justice Department Reauthorization Act of 2005 (VAWA).
Conflicts with Other Provisions of the Lease
In case of any conflict between the provisions of this Addendum and other sections of the Lease, the provisions of this Addendum shall prevail.
Term of the Lease Addendum
The effective date of this Lease Addendum is . This Lease Addendum shall continue to be in effect until the Lease is terminated.
VAWA Protections
1. The Landlord may not consider incidents of domestic violence, dating violence or stalking as serious or repeated violations of the lease or other “good cause” for termination of assistance, tenancy or occupancy rights of the victim of abuse.
2. The Landlord may not consider criminal activity directly relating to abuse, engaged in by a member of a tenant’s household or any guest or other person under the tenant’s control, cause for termination of assistance, tenancy, or occupancy rights if the tenant or an immediate member of the tenant’s family is the victim or threatened victim of that abuse.
3. The Landlord may request in writing that the victim, or a family member on the victim’s behalf, certify that the individual is a victim of abuse and that the Certification of Domestic Violence, Dating Violence or Stalking, Form HUD-91066, or other documentation as noted on the certification form, be completed and submitted within 14 business days, or an agreed upon extension date, to receive protection under the VAWA. Failure to provide the certification or other supporting documentation within the specified timeframe may result in eviction.
Tenant Date
Landlord Date
Form HUD-91067
(9/2008) 407
Item # 15.
Race and Ethnic Data U.S. Department of Housing OMB Approval No. 2502-0204 Reporting Form and Urban Development (Exp. 06/30/2017)
Office of Housing
Name of Property Project No. Address of Property
Name of Owner/Managing Agent Type of Assistance or Program Title:
Name of Head of Household Name of Household Member
Date (mm/dd/yyyy):
Ethnic Categories*
Select
One
Hispanic or Latino
Not-Hispanic or Latino
Racial Categories*
Select
All that
Apply
American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
Other
*Definitions of these categories may be found on the reverse side.
There is no penalty for persons who do not complete the form.
Signature Date
Public reporting burden for this collection is estimated to average 10 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This information is required to obtain benefits and voluntary. HUD may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number.
This information is authorized by the U.S. Housing Act of 1937 as amended, the Housing and Urban Rural Recovery Act of 1983 and Housing and Community Development Technical Amendments of 1984. This information is needed to be incompliance with OMB-mandated changes to Ethnicity and Race categories for recording the 50059 Data Requirements to HUD. Owners/agents must offer the opportunity to the head and co- head of each household to “self certify’ during the application interview or lease signing. In-place tenants must complete the format as part of their next interim or annual re-certification. This process will allow the owner/agent to collect the needed information on all members of the household. Completed documents should be stapled together for each household and placed in the household’s file. Parents or guardians are to complete the self-certification for children under the age of 18. Once system development funds are provide and the appropriate system upgrades have been implemented, owners/agents will be required to report the race and ethnicity data electronically to the TRACS (Tenant Rental Assistance Certification System). This information is considered non-sensitive and does no require any special protection.
1 form HUD-27061-H (9/2003) 408
Item # 15.
TENANT CONTACT LOG
TENANT: UNIT #:
DATE WHO, WHAT, and WHERE ACTION TAKEN
\Word\TenantContactLog-1/4/06
409
Item # 15.
Annual Recertification
Initial Notice
To: Date:
Dear :
As stated in Paragraph of your leas e, the Tax Credit Allocation Committee (TCAC) who administers the “program” under Section 42 of the Internal Revenue Code requires that we review your income and family composition every year (365 days).
To complete our review of your income and family composition, you must meet with the Resident Manager and bring the below REQUIRED information with you to the interview:
1. Completed application
2. Employer's name and address (for all family members)
3. Name and address to verify any other income source (for all family members)
4. Name and address to verify family assets (for all family members)
Your CUT OFF date is . This is the date that you are
REQUIRED to submit the above information an d sign all applicable verification release forms.
We will send you reminder notices at120, 90, 60 and 30 days from your recertification date, . At these times you must contact the Resident Manager, , to schedule an appointme nt for an interview. The
phone number is: .
I have read and understand this letter describi ng the requirement for my participation in an annual recertification interview.
Signature of the Head of Family Date
Signature of Witness Date
InitialRecert-TCAC-2/2/06
4 410
Item # 15.
MOVE –IN/MOVE OUT INSPECTION REPORT
Project Name: Date of Inspection: In Out
Tenant Name: Unit # Number of Bedrooms Number of Baths Move- In Date: . Move-Out Date:
Acceptable? Accepta ble? Acceptable?
Kitchen
Yes
In/Out
No
In/Out
Bedroom # 2
Yes
In/Out
No
In/Out
Bathroom #1
Yes
In/Out
No
In/Out
Ceiling | | Doors | | Doors | |
Doors | | Walls | | Walls & Towel Ba r | |
Walls | | Ceiling | | Ceiling | |
Floor | | Floo r | | Floo r | |
Stove/Oven | | Ligh t Fixtures | | Toile t & Paper Reel | | Range/Hood | | Window & Screen | | Basin & Stoppe r | | Refrigerator | | Window Covers | | Tub o r Shower | |
Counter Tops | | Bedroom #3 Light Fixtures/ GFI | |
Sink/Disposer | | Doors | | Window/Ven t Fan | |
Light Fixtures/ GFI | | Walls | | Bathroom #2
Cabinets & Under | | Ceiling | | Doors | |
Refrigerator Pan | | Floo r | | Walls & Towel Ba r | |
| | Ligh t Fixtures | | Ceiling | |
Lv Rm/Dining Window & Screen | | Floo r | |
Ceiling Fan | | Window Covers | | Toile t & Paper Reel | | Doors Incl. Screen | | Bedroom #4 Basin & Stopper | | Walls | | Doors | | Tub o r Shower | |
Ceiling | | Walls | | Ligh t Fixtures/GFI | |
Floor | | Ceiling | | Window/Ven t Fan | |
Electric Fixtures | | Floo r | | Miscellaneous
Window/Screen | | Ligh t Fixtures | | Smoke Alarm (s) | | Window Cover | | Window & Screen | | Electrical Panel | | Bedroom #1 Window Covers | | Porch/Patio | |
Doors | | Heating Equip Stairs | |
Walls | | Furnace & A/C | | Storage Area | |
Ceiling | | Filte r | | Doorbell | |
Floor | | Thermosta t | | Yards
Light Fixtures | | Ho t Water Tank | | Fron t | |
Window & Screen | | Water Hea t @120F | | Bac k | |
Window Covers | | Wate r Heater Vent | | Side | |
Was the required Moisture Inspection conducted at Move In? Move Out? .
Is the Moisture Inspection attached for Move In? Move Out? .
Was any Mold detected at Move-In? _ _ Move Out?
Was the required Smoke Detector(s) Inspection Conducted at Move In? Move Out?
The unit upon move-in is in decent, safe and sanitary condition, any deficiencies are noted above.
Explanation of items that are NOT ACCEPTABLE (all items listed as not acceptable must be explained below):
I certify that the unit contains work ing smoke detectors. I agree to replace batteri es as needed and notify Management of any failures. I further certify that the fo regoing report correctly represents the condi tion of the above-identified unit. Any deficiencies identified in this report will be remedied within 30 days of the date the tenant moves into the unit.
Tenant Signature at Move-In Date Tenant Signature at Move-Out Date Manager Signature at Move-In
WORD\UnitInspection./HUD 5/2011
Date Manager Signature at Move-Out Date
411
Item # 15.
MOVE IN MOVE OUT SEMI ANNUAL
INSPECTION OF APPLIANCES
Property Name:
UNIT# DATE INSPECTED:
Inspector: Please check the box if the items is OK. If it is not OK circle the item and note any Damage for each Burner, Oven Gaskets and MISSING Racks below:
STOVE REFRIGERATOR
Serial # Serial #
Make: Make:
Model: Model:
L B Burne r R B Burner Gaskets
L F Burner
R F Burner
Bins
OVEN
Needs Replaced Needs Replaced
MISSING OR DAMAGED: ( ) Drip pans ( ) Oven Racks ( ) Handles MISSING OR ( )Bins ( ) Handles ( ) Door Racks ( ) Knobs ( ) Light ( ) Broiler Pan DAMAGED: ( )Light ( ) Shelves ( ) Other
WATER HEATER N/A DISH WASHER N/A
Serial # Serial #
Make: Make:
Model:
Model:
Pipes
Relief Valve Door Latch
Igniter Gasket
Earthquake Strap
Needs Replaced Needs Replaced
Note Damage or Missing Straps or pipes, Dishwasher Damage or missing Latch and Gasket:
OTHER APPLIANCES: Microwave Light,Range Hood Light and Filters , Garbage Disposal unit, etc) Microwave Light
Range Hood Light Filter Fan Fire Suppression X2
Garbage Disposal
Furnace Comments:
A/C Unit
HVAC
Inspectors Signature:
Date:
6/20/2013
412
Item # 15.
MOISTURE INSPECTION
The purpose of this inspection is to determ ine of any units have Mold or any cond ition that is conducive to the growth of Mold. Mold will be treated as a SERIOUS INCIDENT!
All apartments must be inspected for Mold or conditions that could lead to Mold at all Semi-Annual Inspections, Move-In and Move-Out Inspections. Work Orders and all other occasions when we are in a unit. By inspecting the units as frequently as possible, we have the best chance to detect Mold conditions before any Mold has actually formed. Once Mold has formed, the problem becomes more complex.
This Moisture Inspection Report is to be attached to all Semi-Annual Inspections, Move-In and Move-Out Inspections, and Vacant Unit Inspections. You must additionally fill out the Moisture Inspection Report ea ch time a Maintenance Work Order is completed in any unit. This means that all work orders completed inside a unit will have a Moisture Inspection attached. Each Moisture Inspection Report will be put in the perm anent tenant file and in cases where Mold is detected, you must immediately file a Serious Incident Report, which must include a copy of th e Moisture Inspection Report and call your Regional Manager.
When the report indicates that no Mold exists, but does indicate that there is a condition that could lead to Mold, you must remedy that condition immediately and report the action to your Regional Manager.
Use the following responses when filling out the form: (List specifics in the Comments) Dry and no sign of mold = NO Signs of mold = YES Damp but no mold = DAMP Odor = NONE, SOME OR STRONG [Indicate the odor by placing the N, S, or ST in the box] Fold Line
MOISTURE INSPECTION
PROJECT
Unit Number Date of Inspection Inspector
Reason for Inspection: (CHECK) Tenant Call, Semi-Annual, Move-In, Move-Out, Work Order, Other
KITCHEN BATHROOM CONTINUED
NO YES DAMP ODOR NO YES DAMP ODOR
Walls & Ceiling Tub
Floor Grouting Vent
Under Sink ALL ROOMS
Cabinets Standing Water
Floor Moisture Signs (condensation)
Under Refrigerator (tray) Discoloration
Refrigerator Seal Carpet Stains
Pantry Walls Carpet Moisture
Open Food Ceilings
BATHROOM Walls
Walls & Ceiling Sills
Floors Base
Grout Vents
Shower Curtain Filter(s)
Stall A/C Drain
Fan Odor
Under Sink Light Fixtures
Base of Toilet Hot Water Area Floor
Behind Toilet Hot Water Area Walls
Comments (List locations and specifics):
6/20/13
413
Item # 15.
Attachment C – Screening In Criteria
TENANT SCREENING POLICY
Due to additional requirements provided in this agreement, applications for Supportive Housing units may be handled separately to ensure Property Management is “screening in” all prospective tenants. All applicants are given equal opportunity to exercise their right to the processes under the Property Management and/or the Santa Clara County Housing Authority (SCCHA) Mitigating Circumstances Policy (see item No. 4 below). It is the applicant’s right to appeal screening decisions due to negative background or criminal history.
1) In collaboration with the Property Manager, SCCHA Services staff will participate in the resident selection process by first meeting with the County and/or its Service Providers to review the Resident Selection Criteria and to review and agree upon the Tenant Screening Policy.
2) Project Orientation. Once the a prospective tenant has been identified by the County and engaged by the Intensive Case Managers ( ICMs) of the appropriate Service Provider(s), the first step in Tenant Screening Policy is to help the prospective tenant successfully submit a complete rental application in accordance with the Resident Selection Criteria for the Project.
The ICMs will be the prospective tenant’s primary support; however, Property Management shall assist by offering to meet with prospective tenant and their ICM. The purpose of the Project Orientation meeting is to:
a) Orient the prospective tenant to the property and the units; b) Explain the Resident Selection Criteria, the rental application requirements and the steps and parameters involved in the Mitigation Process;
c) Explain the role of Property Management Services staff; d) Offer the prospective tenant an opportunity to build rapport with Property Management staff and;
e) With appropriate releases of information signed, offer the Property Management staff, the ICM and the prospective tenant an opportunity to discuss housing barriers and service needs.
3) Intake Interview. The Project Orientation may be held separately or at the time of the Intake Interview. The Intake Interview will be a meeting between all adult household members of the prospective tenant, the prospective tenant’s ICM, and the Property Manager. a) The objective is to review all paperwork and obtain required documentation of income and assets in order to submit a complete rental application. Upon receiving all documentation, Property Management will process the application. In the event the applicant does not meet the Resident Selection Criteria, the Property Manager will mail a written notice to the prospective tenant. A written notice is required by California law whenever an “adverse action” (i.e., denial of application) is taken against a prospective tenant based in whole or in part on information contained in a consumer credit report. 414
Item # 15.
However, the Property Manager shall call the prospective tenant and the prospective tenant’s ICM to notify them of the reason(s) why the prospective tenant did not meet the Resident Selection Criteria.
b) In order to minimize the duration of the rental application process and recognizing that the prospective tenants will have significant housing barriers, all parties agree that:
i) A prospective tenant may request consideration under the Mitigating Circumstances Policy at the time of that the rental application is submitted;
ii) Applicants with problematic rental or credit histories may request consideration based on disability status and/or issues relating to mitigating circumstances, therefore, the Resident Selection Criteria will be considered in conjunction with the Mitigating Circumstances Policy;
iii) A prospective tenant may submit documentation of the existence of special needs along with the rental application; and
iv) If the prospective tenant is notified that they did not meet the Residential Selection Criteria, the notification will include the time and date of the Mitigating Circumstances Interview. Unless inconvenient for the prospective tenant, the Mitigating Circumstances Interview will be scheduled for no later than seven business days from the date that the prospective tenant’s rental application was denied.
4) Mitigating Circumstances Policy and Interview. The Mitigating Circumstances Policy is intended to “screen in” prospective tenants who had otherwise failed to meet the Resident Selection Criteria. The policy includes a review of all documentation submitted by the prospective tenant as well as a Mitigating Circumstances Interview. The Property Management will include the applicant’s ICM in the review and in the interview.
a) While the decision to accept the prospective tenant will rest with the Property Manager, the Owner shall inform the County of the results of all reviews and interviews so that the County may evaluate that fairness and effectiveness of the Property Manager’s Mitigating Circumstances Policy.
b) County staff may also observe the Mitigating Circumstances Interviews and documentation review.
c) The Mitigating Circumstances Policy does not allow for blanket waivers of specific Resident Selection criterion. However, in assessing the prospective tenant’s request the Property Manager shall consider all relevant factors including, but not limited to:
i) The impact that stable housing will have on helping the individual achieve their personal stability and health goals;
ii) The impact that homelessness or unstable housing had on the events in question including the lack of or poor rental history and convictions for quality of life crimes 415
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(e.g., panhandling);
iii) The time, nature, extent and seriousness of the past behavior or action; iv) The role of other family members or household members; v) The extent to which disability or disabling conditions contributed to the behavior or circumstances;
vi) The availability of rental subsidies, other financial assistance or financial assistance programs (e.g., representative payee services) to limit risk of non-payment of rent; vii) The extent to which the applicant’s current or previous actions have addressed or are mitigating the underlying conditions which caused the previous action or behavior; and,
viii) Factors which might indicate a reasonable probability of favorable future conduct, including evidence of rehabilitation and applicant’s willingness to participate in social services.
5) Move-In Orientation: Once a prospective tenant’s rental application has been approved, the Property Manager will schedule a move-in date/orientation with ICM and tenant as soon as possible. The orientation shall be conducted in a quiet, private setting, and will be scheduled for at least 45 minutes. The purpose of the orientation is to:
a) Determine furniture and other needs;
b) Finalize lease documents;
c) Familiarize the tenant with the property, their unit, the lease and the property’s rules; d) Collect the security deposit and first month’s rent; and, e) Continue the rapport-building between the tenant, the ICM and the Property Manager.
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1 Management Plan
For
Hillview Court
1. THE ROLE AND RESPONSIBILITY OF THE OWNER AND RELATIONSHIP AND DELEGATIONS OF AUTHORITY TO THE MANAGING AGENT.
JHC-Hillview, LLC, (Owner) appoints Hyder & Company, (Agent) as agent for the management of the residential units at Hillview Court and Agent accepts the appointment.
The Owner has entered into a Management Contract with Hyder & Company, hereinafter referred to as Agent or Managing Agent.
a. There is no legal or corporate relationship between the Owner and the Agent with the exception of the Management Contract. There is no identity of personnel, proximity or sharing of offices, or any other identity of interest. There is no relationship that would create a conflict of interest.
b. The Site Manager will supervise the activities of the administrative and maintenance staff on the project. The Site Manager will be directly responsible to the Managing Agent who will set forth the responsibilities of day-to-day operations. The Managing Agent will be directly responsible to the Owner.
The Agent will make all decisions regarding the day-to-day operations of the project without consulting the Owner or in the event of extreme emergency, make decisions without consulting the Owner. The Agent will notify the Owner as soon as possible after any emergency decisions are implemented.
c. The Agent will consult the Owner regarding all policy matters or those which the Agent is not authorized to handle under the terms of the Management Contract, and on all other matters which are of significance to the project. The Agent will meet with the Owner at regular intervals established by the Owner to review all project business and to update the Management Plan as directed by the Agency.
d. The Owner will name an authorized contact person who will have total authority to act on behalf of the Owner and make all necessary decisions on Owner's behalf. The Owner will notify the Agent in writing of the name of the contact person prior to the inception of the Agreement, and thereafter when the contact person is changed.
Agent will deal directly and exclusively with the authorized contact person.
e. This Management Plan identifies decisions and requirements of the Owner including but not limited to disbursement amounts requiring Owner approval and documents required from the Owner.
f. The responsibilities of the Owner and the Agent are clearly set forth in this 417
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2 document. All basic responsibilities and duties are clearly covered in this document and Agency's rules and regulations.
g. The pro-rata division of singularly incurred operating expenses that are common to the parties and purchased by the Managing Agent are:
Fidelity insurance, errors and omissions insurance, employee practices liability insurance, cyber insurance, tenant discrimination insurance & workers compensation insurance, all which are allocated to each project and the corporate office by number of employees at each location.
2. PERSONNEL POLICY AND STAFFING ARRANGEMENTS.
a. All on-site personnel shall be contracted service providers or employees of Agent and shall be paid from the Operating Account as an expense of the project. Pursuant to the amounts provided in the Budget, Agent shall at all times have sufficient personnel physically present at the Project for the full and efficient performance of its duties under the Management Contract, including physical presence of responsible persons at such times as reasonably may be requested by Owner. The employees, their job descriptions, and salaries, shall be determined by Agent. All hiring will be in strict conformance with equal employment opportunity requirements provided by the Department of Fair Employment and Housing with regard for race, color, religion, sex, handicap, familial status, or national origin.
b. The staffing plan for this property will include a manager and office staff as necessary to operate the project together with maintenance staff as required and as approved in the budget. Employees are never "on call" outside of normal duty hours, unless specifically required to cover emergency calls on a particular project.
Mandatory Prerequisites for All Employees:
Must possess high moral character, sound fiscal integrity, and qualify for fidelity bond.
Must be able to speak, read, write, and understand English at least to the level of understanding the Injury and Illness Prevention Plan, and the ability to read all safety and warning labels and follow written or verbal instructions. Must be able to report in English to supervisory staff and authorities any emergency conditions that may exist from time to time.
Must additionally be able to understand and comply with both written and verbal instructions given in English regarding office operations, computer operations and technical Agency Requirements.
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3 Job Descriptions:
Site Manager: The Site Managers are in sole charge of the housing community to which they are assigned and as such must manage and direct operations of the housing community in accordance with the policies and procedures prescribed by the Owner, the Governing Agency, Management Agent and Fair Housing Laws.
In order to qualify for this position an employee:
• Must be competent in basic computer skills, typing, spelling, telephone techniques and basic mathematics.
• Must have the ability to speak, read, write, and understand English. Be able to comply with both the written and verbal instructions given in English.
• Must be able to follow the Injury and Illness Prevention Plan and have the ability to read all safety and warning labels and follow written and verbal instructions.
• Must have the specific ability to follow & give technical instructions.
The Employee will be expected to:
• Become proficient in the operation of the property computer, scanner, copier, calculator, and any other office machines necessary.
• Adhere to office schedule as approved by supervisor and according to the needs of the property.
• Present a professional appearance, dressing according to business etiquette.
• Attain a working knowledge of the following software; Yardi and IDOC.
• Attend educational courses as directed by Human Resources or Supervisor and pass Agency-required or Employer tests.
• Become fully competent in Agency rules and procedures within ninety days of hire. Must be able and willing to follow all procedures in Manager’s H andbook and Agency Instructions. Maintain property in compliance with the appropriate agency.
• Supervise personnel; keep staff personal calls, social networking, cell phone usage limited to breaks and emergency needs.
The Employee’s responsibilities will include but are not limited to the following:
• Implementation of the Management Plan, Affirmative Fair Housing Marketing Plans, Agency and Company policies and the Manager’s Handbook provided by employer.
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4 • Review of prospective resident’s rental applications for initial eligibility. Rental of Apartments in accordance with Agency Requirements, Tenant Selection Plan, and the Wait List. Completion of lease agreements and conducting entry interviews with new tenants outlining conditions and terms for occupancy along with the completion of the entire application and Agency certification. The application process for move in (when a unit is available) should take no more than 14 working days and commence no later than 24 hours after a 30-day notice to vacate is given.
• Providing residents with their interim and annual recertification paperwork along with conducting recertification interviews assuring all paperwork is done on time and in accordance with Agency requirements.
• Collection of rent in a timely manner, issuance of receipts and serving the appropriate late rent notices on time. Making daily bank deposits.
• Walking the property at least once a week for physical inspections and vacancy verifications and one time per month at night to check lighting. Completing semi- annual unit inspections twice a year.
• Perform and report all business and transactions to the Corporate Office on a timely basis in accordance with the Manager’s Handbook and monthly Site Manager Calendar.
• Proper preparation and submission in a timely manner of timecards, corporate reporting and required property reports as stated in the Monthly Site Calendar and Manager’s Handbook.
• Supervision of maintenance and other personnel which includes performance of annual evaluations and documented interim consultations. These are to be reviewed by the Supervisor prior to presentation to employee after which the original is sent to the Corporate Office to be filed in the employee’s personnel file.
• Selection of outside contractors in accordance with the Manager’s Handbook.
This includes but is not limited to obtaining competitive bids, initiating approval of contractors, and verifying and collecting insurance certificates for workers compensation and liability insurance from all contractors and their sub- contractors.
• Handling the Purchasing process for the community. This includes but is not limited to the preparation of Purchase Order Requests, verification of receipt of purchases, and first review and submission of invoices to accounts payable in accordance with the written OPS procedures. Accounting for petty cash.
Arranging for approved outside services, such as trash collection, utility service, mail service, telephone installation, exterminators, etc., as required. 420
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5 • Establishing good resident relation policies and adhering to housing assignment procedures. Promoting harmonious relationships among residents, housing personnel, and persons of neighboring communities. In resolving complaints of residents, the manager must be able to handle problems with discretion and fairness in accordance with Fair Housing.
• The position requires a great deal of personal contact with other people and agencies. Manager must maintain good working relations with the local police and fire departments, governing officials, any other community resources that are programmed and designed to assist the residents as well as owners, vendors, and other employees.
• Being available to assist, in any means necessary, for all file audits and physical inspections by Government Agencies or the Management Company.
• Keep proper documentation of resident files, incident reports, and other events related to the property.
In some instances, the employee will:
• Be required to be bilingual in English and Spanish.
• Be able to report in English to supervisory staff and authorities any emergency conditions that may exist from time to time. Then must have the flexibility to follow through on the handling of said emergencies in accordance with the Crisis Management Procedure.
• Be asked to assist in the management of other properties or the training of a new manager.
• Need to go to court on an eviction, small claims issue or another legal situation that may arise.
• Perform such duties as may be requested from time to time by their Supervisor or other Corporate personnel.
Assistant Site Manager: The Site Manager and Assistant Site Managers are in charge of the housing complex and as such must manage and direct operations of the housing project in accordance with the policies and procedures prescribed by the Owner, the governing agency and Management Agent.
The position requires a great deal of personal contact with other people. The assistant manager must be able to handle problems with discretion and fairness. Their independent judgment can determine the success or failure of the project.
In order to qualify for this position an employee must be competent in typing, spelling, telephone techniques and basic mathematics. In some instances, the 421
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6 employee will be required to be bilingual in English and Spanish.
The Assistant Site Manager will follow the instructions of the Site Manager in all of the following areas:
Make certain that all outside contractors or sub-contractors provide certificates that provide proof of liability and workers compensation insurance before any work can be done on the property.
Prepare payment requests and accounts payable, receive and account for funds.
Purchase approved supplies and arrange for approved outside services, such as trash collection, utility service, mail service, telephone installation, exterminators, etc., as required.
Become proficient in the operation of the project computer and software. Computer literacy is preferred.
Assist prospective tenants in preparing applications for initial eligibility and recertification. Rent apartments. Complete lease agreement form and conduct entry interviews with new tenants, outlining conditions and terms for occupancy. Review housing applications, select tenants, and assign dwelling units. Collect rent and issue receipts. Implement this Management Plan and Agreement and the Affirmative Fair Housing Marketing Plan. Be totally familiar with company policy and the Manager's Handbook provided by employer.
Establish good tenant relation policies and adhere to housing assignment procedures.
The Assistant Manager is a key part of promoting harmonious relationships among tenants, housing personnel, and persons of neighboring communities. Resolving complaints of tenants. Maintaining good working relations with the local police and fire departments, governing officials, and other community resources and social programs designed to assist the tenants and enhance the quality of life at the complex.
Must attend educational courses as directed and pass Agency-required and Employer tests. Must become fully competent in agency rules and procedures. Must be able and willing to follow all procedures in Managers Handbook and Agency Instructions.
Office Clerk: In order to qualify for this position an employee must be competent in typing, spelling, telephone techniques and basic mathematics. In some instances, the employee will be required to be bilingual in English and Spanish.
The employee will assist the Site Manager in qualifying applicants and leasing units in compliance with the appropriate agency requirements. Additionally, the employee must be competent in filing and all other office procedures. The clerk will be trained in computer operations for the specific program of the apartment complex. 422
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7 The employee must have good “people skills” in order to deal with the public in an efficient and courteous manner. The clerk will represent the “front line” in meeting the public and in dealing with tenant complaints.
This position requires a person with a professional and friendly disposition who can work with people on a regular daily basis, follow instructions, and learn reasonably quickly.
All clerical staff members must be trained in the program requirements and pass all required tests so as to be certified in the appropriate subsidy program.
Employee must be able to speak, read, write, and understand English in order to read and understand the Injury and Illness Prevention Plan and to converse with others in case of emergencies. Must also be able to follow written and spoken instructions regarding office and computer procedures and the handbook instructions.
This position does not include showing apartments, inspecting apartments, maintenance work or any other activities outside the office.
Maintenance Director: Assist in the development of the maintenance plan for the overall efficient operation of the project, perform all necessary work, inspect, and evaluate physical condition of buildings and grounds, plus schedule and provide continuing repair and maintenance work as prescribed below.
In order to qualify for this position an employee:
• Must have the ability to speak, read, write, and understand English. Be able to comply with both written and verbal instructions given in English.
• Must be able to follow the Injury and Illness Prevention Plan and have the ability to read all safety and warning labels and follow written and verbal instructions.
• Must have the specific ability to follow & give technical instructions.
• Must be able to on a daily basis, lift up to 50 pounds, have manual dexterity with both hands and arms, climb stairs, and ladders. On a daily basis it may be necessary to move heavy objects, such as, furniture and major appliances.
The Employee will be expected to:
• Become knowledgeable in all safety precautions to be taken when working at various jobs. Any violation of Company Safety Policies may be cause for immediate termination.
• Work on a continuous basis and be prompt.
• Adhere to the work schedule as approved by supervisor and according to the needs of the property.
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8 • Attend educational courses as directed by Human Resources or Supervisor and pass Agency-required or Employer tests.
• Supervise personnel; keep staff personal calls, social networking, cell phone usage limited to breaks and emergency needs.
• Present a professional appearance, dressing according to Employee Handbook, wearing the appropriate shoes and clothes as per Hyder’s Injury and Illness Prevention Plan.
The Employee’s responsibilities will include but are not limited to the following:
• Meet with site manager weekly to discuss the needs of the property and monthly to go over the budget.
• Assist in planning and implementation of Preventive Maintenance Plan and semi- annual inspections for the property.
• Prepare and post daily work schedule, coordinate activities of all workers, including self, to assure timely completion of work orders, repairs to the buildings, and exterior areas. Set an on-call schedule for weekend and after hour maintenance emergencies including assignment of the afterhours emergency phone and following the Crisis Management Plan when needed.
• Plan and perform all work in house at no additional labor cost to the project, this includes but is not limited to electrical, plumbing, heating, ventilating, air- conditioning, watering systems, mechanical equipment, exterior lighting and perform all interior and exterior janitorial work, maintaining public areas, such as, halls, common areas and laundry rooms. Maintain parking lots and other common areas to include sweeping, striping, patching, and policing, as well as playground equipment maintenance and repair. Interior apartment maintenance, painting and cleaning vacant apartments, repairing doors, locks, screens, windows, and cabinets. If applicable maintaining plantings and irrigation system including all mowing, trimming, edging, pruning, cultivating, aerating, fertilizing, and watering.
• Respond to written requests from tenants reporting a need for repairs (work orders). Take prompt corrective action on deficiencies, completing emergency requests right away and non-emergency requests in 24 to 72 hours.
• Safeguard, account for and maintain tools, equipment and inventory supplies, and all property owned by the project.
• Maintain OSHA/MSDS/Safety Center/Safety Meetings
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9 • Obtain labor and material costs and completion estimates for major repairs, renovations, or replacement of equipment. Be responsible for the completion of any such work or purchases once approved by the supervisor. Make certain that no purchases of supplies, equipment or services are made by anyone without the prior approval of the project manager and supervisor along with PO#.
• Make certain on a daily basis that timecards of all maintenance employees are updated.
• The position requires a great deal of personal contact with other people. The Maintenance Director must maintain good working relations with vendors, other employees and establish good resident relations in a strictly professional manner.
In some instances, the employee will:
• Be required to be bilingual in English and Spanish.
• Be able to report in English to supervisory staff and authorities any emergency conditions that may exist from time to time. Then must have the flexibility to follow through on the handling of said emergencies in accordance with the Crisis Management Procedure.
• Be asked to assist in the maintenance of other properties or the training of new maintenance personnel.
• Perform such duties as may be requested from time to time by their Supervisor.
Housekeeper: This position provides clean, sanitary, comfortable, orderly, and satisfying surroundings for residents and employees. The housekeeper promotes sanitary conditions cleaning floors, walls, windows, furniture, kitchens, and appliances, bathrooms, and fixtures. The housekeeper will be required to lift, carry, walk, sit, push, pull and work a flexible schedule, must be able to move continuously during work hours and able to lift and/or carry 50 to 75 pounds.
Specific duties may include but are not limited to vacuuming floors and furnishings, mopping hard surface floors, cleaning, dusting and polishing furniture, cleaning walls and windows, cleaning and disinfecting kitchen and bathroom, emptying and sanitizing waste baskets. Clean all air vents. Damp mop all corridor floors, lobby, dining areas and others daily.
Operates various mechanized cleaning equipment, such as vacuums, polishers, buffers, etc... If required, strip beds and gather all laundry for delivery to laundry service; make beds and set towels.
Maintain vacuums, cleaning caddies and supplies used to perform job. Record supply inventory at home as directed by supervisor. Inform supervisor when cleaning or house supplies are low.
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10 Dust, vacuum, and clean leasing office. Water plants in office and office building.
Report any needed repairs immediately to supervisor (such as leaky faucets or toilets, loose tile, broken windows, etc).
Perform errands and special projects as requested by supervisor.
Observe established policies and procedures.
Perform other job duties including but not limited to grounds maintenance or other property management functions as needed and requested by supervisor.
Contact with all levels of personnel within company, temporary help, owners, residents, vendors, and contractors.
Working Conditions: Full-time and to cover other employee vacations or time off. Requires some weekends, holidays, and occasional evenings.
Skills and Educational Requirements:
1. Ability to communicate effectively both verbally and in writing. Possess basic math skills.
2. Ability to perform a variety of tasks often on short notice.
3. Ability to handle a fast-paced, varied, and busy work environment.
4. Ability to work alone and to be self-motivated and organized.
5. Ability to lift 50 to 75 pounds
6. Possess positive teamwork attitude.
Company Standards:
1. All company and client information must be kept strictly confidential.
2. The highest standards of accuracy will be maintained in all data recorded and work performed.
3. Conformance to the rules and regulations of property management as set forth by California Residential Landlord/Tenant Statutes and Federal Fair Housing Laws.
4. All temporary help, owners, tenants, vendors and contractors and any other person contacted on the telephone or in person will be treated in a friendly, personable, and professional manner.
5. Neat and well-maintained attire, hair, and appearance to be maintained at all times. Uniform and dress code in accordance with personnel policies to be maintained at all times.
All Employees:
Employees will conform to all Agency requirements as well as the policies established by the Owner, which become part of the Agent's policies. All employees 426
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11 will be paid by the Agent including state and federal payroll taxes and unemployment taxes, FICA taxes, and all other costs of employment including workers compensation insurance, employment practices liability insurance, employee medical insurance, overtime pay, bond and any other compensation or related costs.
Agent will be reimbursed for all costs made to or on behalf of all employees including, but not limited to, the aforementioned list.
Agent will advise Owner of all employee or former employee claims for compensation that Agent believes are unwarranted. Owner will instruct Agent as to Owner's desire in the disposition of the claim (payment, negotiation, hearing, or litigation). Agent will proceed according to Owner's directive. Any compensation or award to any employee or former employee including all related costs, legal fees, and other fees, will be paid to Agent from the project operating account upon final disposition of the claim.
c. The Site Manager will be directly accountable to the Managing Agent. All other on- site personnel will be directly accountable to the Site Manager.
d. All employees (and contractors) will be oriented to comply with the program requirements. All managers are fully trained in the Agency rules and regulations. The Managing Agent is fully trained and knowledgeable in all aspects of assisted housing management and regulations. The Agent trains all management employees in the certification process and all management functions. The Agent sends staff personnel to training programs on HOME, RDS, HCD, CalHFA, Fair Housing, Section 504, and L.I.H.T.C., as appropriate.
3. PLANS & PROCEDURES FOR MARKETING UNITS; ACHIEVING AND MAINTAINING FULL OCCUPANCY AND MEETING HUD FORM 935.2
AFFIRMATIVE FAIR HOUSING MARKETING PLAN” REQUIREMENTS.
a. Agent shall carry out the marketing activities including tenant screening interviews prescribed in this Management Plan or consistent with current practices used to market the property to potential tenants.
b. The Agent is in charge of marketing the property. We will make certain that all groups, both minority and non-minority, handicapped persons, and those least likely to apply are given the opportunity to have the knowledge that our subsidized housing project exists and that they will not be discriminated against on any basis.
c. The Site Manager will place new applicants on the waiting list after complying with the procedures established. The waiting list will conform to the requirements of the Agency. The "Fair Housing" poster, "Justice for All" poster, will be displayed on site.
A Project Information Package will be prepared. This will contain the following:
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12 A description of the project location.
The size and number of dwelling units.
A summary of eligibility requirements.
Application Form.
d. Should it be necessary, marketing will be done by local radio and newspaper advertising in both English and in non-English media where there is a concentration of non-English speaking residents.
Any advertising, electronic or printed, will identify the project with the international symbol of handicapped accessibility and contain the Fair Housing Logo or Equal Opportunity Slogan.
The project will be advertised as appropriate. Marketing material will be sent to the appropriate social services agencies listed on the AFHMP. Listed below is a sample local newspaper ad for your approval.
e. To ensure effective communications with applicants, residents and members of the public that have sight or hearing impairments, each project will contact the California Relay Service at (800) 735-2929 when necessary. The Managing Agent will provide sign language interpreters for the hearing impaired if requested and if available within the community. Other reasonable accommodations will be available for visually impaired. Assistance will be given for completing the application when necessary.
f. Reasonable accommodations must be requested in writing. Appropriate Now Accepting Applications
Hillview Court
studio units including units with
special design features for
individuals with a disability.
Inquire as to the availability of
subsidy. Call (669) 350-2120,
Mon-Fri, 9am - 5pm or TDD #1-
800-735-2929.
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13 modifications, if not already installed, and within reason, will be made if at all possible if it does not impose a financial or administrative overburden. Structural changes would require consultation with the Owner and architect; therefore, each case would be reviewed based on its own merit and the economic hardship to the property.
g. The Agent will use the attached waiting list format.
h. The attached Unit Inspection Report will be used for all move -in's and move-outs.
Prior to occupancy, each approved applicant will inspect his/her assigned unit with the manager who will be required to fill out and sign the Unit Inspection Report. This is a certification on the part of the applicant that the premises is in good and clean condition prior to thei r occupancy. Each tenant will receive a copy of the Unit Inspection Report and another copy will be kept in the tenant's file at the project office.
i. Applicants are initially notified in writing as to their status detailing selection, rejection, or waiting list placement. Once selected, and at the time each applicant executes their lease, they will be given a thorough orientation with regard to the terms and conditions of the lease, rules and regulations, all addendums, and also will receive instructions on how to operate various appliances found in each unit during their walk-through inspection of the premises.
j. It is the primary responsibility of the Site Manager and Regional Supervisor to select tenants using the policies and guidelines established by the Agent and the Owner and approved by the Agency as required. However, if there is a question regarding which applicant should be selected, they will request assistance from the Managing Agent.
All applicants are notified in writing as to their status on the waiting list.
k. All tenants are selected in accordance with this Management Plan and Agreement and the attached Resident Selection Procedure.
4. PROCEDURES FOR DETERMINING TENANT ELIGIBILITY AND FOR CERTIFYING AND RECERTIFYING INCOMES.
a. All interested persons may obtain and submit an application for housing. All personnel in the project office are required to be knowledgeable and have on hand a copy of the agency's management handbook which encompasses the occupancy and continuing occupancy requirements of the Agency. Completed applications are processed in chronological order of the date the fully completed application was received based on eligibility within each income group. Additionally, applications will be logged by date and time when received and placed on the waiting list or processed for a vacancy. The attached Resident Selection Procedure details the process. No application fees are anticipated.
b. The Site Manager will be thoroughly trained by the Managing Agent and/or Agency in program requirements and State Law including but not limited to, the following:
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14 interviews, tenant selection, certification and recertification requirements and leases.
Each month the project will be audited by the Managing Agent for compliance to make certain that all requirements are closely adhered to regarding tenant qualifications and certifications. In addition, Site Managers will attend Agency - sponsored training courses.
5. LEASING & OCCUPANCY POLICIES:
Agent shall offer for rent and shall rent the units in the Project. Units shall be made available in accordance with a rent schedule approved in writing by Owner and the leasing guidelines and form of lease referred to herein below. The following provisions shall apply:
a. Agent shall show dwelling units for rent in the Project to all prospective Tenants.
b. Agent shall take and process applications for rentals, including prospective Tenant interviews and credit checks. If an application is rejected, the applicant shall be advised of the reason for rejection in accordance with applicable laws.
c. Agent shall, subject to prior written approval by Owner of any deviation from Owner's approved rent schedule, Lease form, and leasing g uidelines, execute all Leases in the Hillview Court’s.
d. Agent shall collect, deposit, and disburse security deposits, if required, in accordance with the terms of each Lease and applicable Law.
The agent shall be responsible for safe keeping of these Tenants’ security deposits which shall be held by Agent in an account at the Bank separate from all other accounts and funds (the “Security Deposit Account”) and in accordance with applicable Law.
e. Agent shall maintain a current list of acceptable prospective Tenants and undertake all arrangements necessary and incidental to the acceptance of rental applications and the execution of Leases. Agent shall exercise its best efforts (including, but not limited to placement of advertising, interview of prospective Tenants, assistance in completion of rental applications and execution of Leases, processing of documents and credit, criminal, background and employment verifications, and explanation of the program and operations of Owner), to affect the leasing of dwelling units, and renewal of Leases in the Project.
f. Agent shall perform such other acts and deeds requested by Owner as are reasonable, necessary, and proper in the discharge of Agent's rental duties under this Management Plan.
g. Agent shall prorate the first month's rent collected from a Tenant should the Lease term commence on any other day than the first day of the month.
h. Agent shall participate in the inspection of the dwelling unit (at least yearly) 430
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15 identified in the Lease together with the Tenant prior to move-in and upon move-out and shall record in writing any previous damage to the unit and any damage occurring during the Tenant's occupancy.
i. A description of occupancy standards for the project is described in the Resident Selection Procedure. Refer to attached selection criteria.
j. Prospective tenants will complete an application. This is designed to give the Site Manager basic data about the tenant with which the Site Manager can determine whether there are factors of income, family size, or others which would effectively eliminate the applicant from further consideration. A credit report and criminal background check will be obtained for each applicant after it is determined that the tenant qualifies with regard to the Agency regulations.
Income verification authorization forms will be signed by the prospective tenant. It will be explained at that time that their credit, criminal background will be thoroughly investigated. The Site Manager will request that the prospective tenant give information in advance of any unusual situation that the manager is likely to encounter in investigating the tenant. In this way prospective tenants have an opportunity to explain in advance, any unresolved credit problems, criminal records, unfavorable reports from former landlords, employment problems and other factors, which might otherwise disqualify them. As confirmation from the application is completed, the tenant's file is assembled. The Site Manager will evaluate each tenant in light of the information in his or her file as well as the program requirements and objectives established for the project by the Owner. The Site Manager and Agent will determine which tenants are to be accepted based on program requirements, Owner’s objectives and criteria identified in the Resident Selection Procedures.
Having determined to accept a prospective tenant, the Site Manager will then assign that tenant to an apartment matching as closely as possible the tenant’s desired accommodations. At this time, the tenant certification will be completed in its final form, approved by upper management, and then executed by the tenant. The policies for the apartment project are then reviewed with the tenant in detail, including their rights and responsibilities.
The tenant is then advised of the unit in which he/she has been placed, and the Site Manager goes with the tenant to the specific unit selected and they complete the unit inspection report.
All the supporting documentation and data are placed in that particular tenant's file.
k. The Site Manager is knowledgeable in all areas regarding Agency rules and regulations and personally trained in the certification process and in all management functions. In addition, Site Managers are aware of State Law and Agency regulations.
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16 6. AFFORDABLE HOUSING REQUIREMENTS:
Subject to the Budget, Agent acknowledges that Owner is required to use its best commercial efforts to lease all available residential units in the project (excluding one manager’s unit), at the rent and income level designated by the Owner.
Agent is familiar with affordable housing requirements as they relate to Agent's leasing and management duties hereunder and shall put its best efforts to comply with such requirements and to the extent Agent is unable to do so, Agent shall promptly notify Owner of such fact and the reasons, therefore. Incident thereto, the following provisions shall apply:
a. Agent shall require each prospective tenant to certify, on the Lease application or Lease, the amount of such tenant's annual household income, household size, and any other information required to enable Owner to maintain the affordability or otherwise reasonably requested by Owner. Manager shall require Tenants to certify in writing as to such matters on an annual basis, prior to such time as the information is required for reporting purposes.
b. Owner shall from time to time furnish Agent with a written schedule of maximum rents for the apartments, which complies with the Requirements. Without Owner’s express prior written consent, Agent shall not enter into any lease on behalf of Owner at a rental amount exceeding the applicable maximum.
c. Agent shall maintain and preserve all written records of Tenant family income and size, and any other information necessary to comply with the Requirements or otherwise reasonably requested by Owner throughout the term of the Management Contract , and shall turn all such records over to Owner upon the termination or expiration of the Management Contract.
d. If requested by Owner, Agent shall prepare customary reports of low-income leasing and occupancy and other matters related to Manager's obligations.
7. RENT OCCUPANCY CHARGE AND OCCUPANCY SURCHARGE COLLECTION POLICIES AND PROCEDURES.
a. Agent shall use its best commercial efforts to collect when due, directly or through an on-site manager, all rents, charges, and other amounts receivable on Owner's account in connection with the management and operation of the Project. Such receipts shall be held in the Operating Account, separate from all other accounts and funds.
b. Rent payments are due on the first day of each month and are delinquent after the first of each month. Any tenant who has not paid their rent by the end of 5 days will be assessed a late charge. Three-day notices are delivered on the 6 th day of each month to tenants who have not paid by the 5th day of each month. All rent payments are to be made to the Site Manager at the office during normal office hours, which are posted in the office. If this is impossible, the tenant may pay their rent by the U.S. 432
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17 Mail. Any tenant who has not paid their rent before the end of the tenth day of the month will receive a late charge assessment. Said late charge will be levied against the tenant, however, eviction proceedings will not be instituted against the tenant for nonpayment of late charges.
The Site Manager is responsible for the collection of all rents and the issuance of all rent receipts. As stated above, rents will be paid at the office on the complex or by U.S. Mail. Cash payment is unacceptable for security reasons. All payments are made by check, cashier's check, or money order.
Rent payments, as they are received, are entered electronically into the accounting system through the onsite computer terminal. If necessary, rent payments are entered into the accounting system by way of a rent receipt which carbons through to the tenant's ledger card which in turn carbons through to the cash receipts journal. The rent receipt that the tenant receives is stamped with the name of the project or printed on the computerized receipt, the amount of money receipted for, and is signed by the authorized person receiving the funds. We encourage all tenants to keep their receipts for their own protection. All funds received are deposited in a separate account depending on the nature of the deposit. The project maintains an operating account as well as a separate security deposit account.
c. Upon termination of the lease, the deposit is to be refunded to the tenant within 21 days, except as may be used by the Owner toward reimbursement of the cost of repairing any damage to the property (normal wear and tear excepted) caused by the tenant, his family, or guests and any rent or other charges owed as per state law. The Owner shall provide the tenant with an itemized statement of any security deposit retention.
8. PROCEDURES FOR REQUESTING AND IMPLEMENTING A RENT OR OCCUPANCY CHARGE.
a. Rent increases shall be anticipated and implemented as the needs of the Project dictate, in conjunction with the preparation of the Annual Operating Budget. The Project's senior management representative, in consultation with the Regional Supervisor and Site Manager, shall prepare the Annual Operating Budget for approval by the Owner. Rent increases shall be implemented in conformance with the requirements of any Agency regulations. Rent increase requests normally will be processed 60-90 days prior to the end of the borrower's fiscal year. It is anticipated that a rent increase would not be necessary more than once a year. Once it has been determined by an Owner that a rental increase is necessary, the Managing Agent will adhere to the Agency's instructions and conform to the requirements. The Managing Agent will develop the information necessary so that a request can be made to the Agency that gives:
1. Facts demonstrating the need and justification for a rent increase. 433
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18 2. A new operating budget for borrower's fiscal year showing:
a) current approved budget
b) actual income and expenses to date
c) proposed new budget with new rents
Current tenant certifications must be on file. The Agent will provide utility allowance survey data each time they are revised.
Tenants will be notified of a rent/utility allowance increase with the use of Agency's rent increase exhibit at the time the proposed rent increase is being forwarded to the Agency. This form will be posted in a conspicuous place and will, in addition, be delivered to all effected tenants. Tenants will be advised that during the waiting period in which the notice will be posted, they have the opportunity to inspect, copy, and make written comments and objections to all materials justifying the proposed rental increase. Additionally, in accordance with California State Law, tenants will be advised in writing in advance of any rental increase.
b. The Managing Agent will be responsible for all processing of rental increases and/or changes.
c. If expenses increase during the budget year, a rent increase may be requested at that time. Normal rent increases will be submitted 90 days prior to implementation.
Prior to requesting a rent increase, the Managing Agent will carefully review the existing comparable rents and potential effect on existing residents and applicants.
9. PLANS FOR CARRYING OUT AN EFFECTIVE MAINTENANCE AND REPAIR PROGRAM.
Agent shall cause the Project to be maintained in a decent, safe, and sanitary condition and in a rental and tenantable state of repair, all in accordance with local codes, and Agent shall maintain the Project at all times in a condition acceptable to Owner. The Owner will be notified if there is a budget deficit to fund for the ongoing building maintenance. Incident thereto, the following provisions shall apply:
a. Special attention shall be given to preventive maintenance, and to the greatest extent feasible, the services of regular maintenance personnel shall be used.
b. Agent shall contract with contractors and vendors for the maintenance and repair of major mechanical systems, and for the performance of extraordinary repairs beyond the capability of regular maintenance personnel. Owner must approve all contracted repair work not approved in the budget and in excess of $5,000 before executing contracts.
c. Agent shall systematically and promptly receive and investigate all service requests from Tenants, take such action thereon as may be justified, and keep records of the same. Emergency requests shall be received and serviced on a 24-hour basis. 434
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19 Complaints of a serious nature shall be reported to Owner after investigation. Owner shall have the right to receive copies of all service requests and the reports of action taken thereon.
d. Agent shall use its best commercial efforts to take such action as may be necessary to comply with any and all orders or requirement of federal, state, county, or municipal authorities having jurisdiction over the Project and orders of any board of fire underwriters, insurance companies, and other similar bodies.
e. With Owner’s permission, Agent is authorized to purchase all materials, equipment, tools, appliances, supplies, and services necessary for property maintenance or repair of the Project. All existing and new accounts used to purchase materials, supplies and services shall be in the name of the Property.
f. Notwithstanding any of the foregoing provisions, the prior approval of Owner shall be required for expenditures exceeding $5,000 over the operating budget except for emergency repairs involving manifest danger to persons or property or required to avoid imminent suspension of any necessary service to the Project. In the event of emergency repairs, Agent shall notify Owner of the fact promptly, and in no event later than 72 hours from the occurrence of the event.
g. Preventative maintenance will be an important part of the maintenance program. All appliances, water heaters, AC/heaters, weatherstripping, windows, fans, and smoke detectors are inspected on a regular basis. Each unit is inspected at least once a year to ascertain the condition of all items. This is a part of the normal preventative maintenance program. In addition, all appliances and mechanical equipment will be inspected prior to initial occupancy and prior to each tenant occupying the unit thereafter.
h. Copies of the "as-built" plans will be provided by the Owner and maintained on site.
In the case of any future work, it will be the responsibility of the contractor or subcontractor to provide the Owners and Agent with "as -built" updated plans and specifications upon the completion of their work. The manager will notify the Owner of all construction defects as soon as possible.
i. General Maintenance Procedures:
1) All appliances and mechanical equipment are inspected on a regular basis. Each unit is inspected at least once a year to ascertain the condition of all of the appliances. This is a part of the normal preventive maintenance program. In addition, all appliances and mechanical equipment will be inspected prior to initial occupancy and prior to each new tenant occupying the unit thereafter.
Should a warranty item or plumbing/electrical problem be involved, a local professional or the building contractor will be contacted. Any 435
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20 regularly scheduled major improvements, such as repaving, will be coordinated with the Managing Agent and Owner for approval prior to commencement of work.
2) City, State, and Federal regulations will be complied with as to the installation and maintenance of smoke detectors and fire extinguishers. Smoke detectors are checked at least twice a year during maintenance inspections. The Regional Supervisor also inspects smoke detectors of vacant units during their monthly inspection. Fire extinguishers are spot checked during monthly inspection visits to ensure service dates are current and have not lapsed. Outside lighting will be provided as required for proper security on the project. Outside lighting is checked on a regular basis to ensure proper light coverage and bulbs are operational.
3) When a tenant gives notice to vacate the unit and immediately after a move-out, the Site Manager is required to inspect each unit including the appliances of that unit to ascertain whether or not there has been any damage or any maintenance is required. Any necessary work is entered to a work order, which then is performed by the maintenance staff. All work must be completed prior to re-renting the unit.
4) Each unit is inspected at least once a year to determine the need for any maintenance work. If the unit is in need of repainting, it is then put on the paint schedule and completed by our staff or an outside vendor. Repainting of a unit will include doors and trim. Window coverings are inspected each time a unit is vacated. If the window coverings are worn, they are replaced at that time. For long- term tenants, the window coverings are inspected at the time of the semi- annual inspection. After five years, the unit would become eligible for new window coverings. The exterior of the project is monitored regularly to determine the need for repainting. The repainting of exterior trim, fences, and doors will begin as needed.
5) All major repairs that are beyond the capabilities of our own maintenance staff will be handled on a bid basis notwithstanding emergencies. We will solicit bids from at least three qualified subcontractors on all major repairs and replacements, if possible, to be assured the best possible quality and price. In case of emergency, the Site Manager will use good judgement on how to best handle the situation. In any emergency situation, the Site Manager will contact the Managing Agent as soon as possible with a full report.
The grounds upkeep and maintenance will be carried out by a landscape subcontractor in most cases. When it is more cost effective, the on-site staff will perform the grounds upkeep and maintenance. In 436
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21 most instances, outside contract labor or contractors may be used for exterior painting, parking lot sweeping, major landscape renovation, exterminating, and plumbing.
6) The on-site staff will also be responsible for the cleanliness of the common areas of the complex. The first item on the agenda on the daily maintenance schedule will be policing the grounds and common areas. This will be accomplished by staff members. The on-site staff will also be responsible for maintaining indoor common areas such as the laundries and recreation room.
j. The tenants will be instructed to make reports to the office for any maintenance or repairs needed. When a tenant comes to the office or telephones with a problem, a work order is filled out by the office staff and entered into the maintenance schedule.
Upon completion of the work, the tenant is notified that the work is completed, given a copy of the completed work order and a copy is entered into the permanent maintenance log. An additional copy of the completed work order is also placed in the tenant's file. Except when required parts are not readily available, work orders should be completed within 72 hours and emergencies within 24 hours.
k. All equipment and supplies are purchased only after shopping for the best price. A minimum of three bids will be required, if possible, for any major equipment purchase. Neither the Owner nor the Agent have any identity of int erest with any supplier of products or services on the project.
Our projects have a purchase order system. Goods and services are entered into the system prior to being ordered by the Site Manager, depending on the amount of the order it will go through several authorization levels from Supervisor to Director of Operations. After approval the Site Manger will order the product. Invoices are verified by the Site Manager to ensure goods were received and services were performed and acceptable. Site Manager then turns the order into an invoice, uploading the invoice into the PO System where it will go to the Regional Supervisor for approval and on to our accounting department for payment.
l. Reserve for replacement requests is made with appropriate supporting documentation, bids, and justifications, for approval by Managing Agent and Owner where necessary.
10. PLANS AND PROCEDURES FOR PROVIDING SUPPLEMENTAL SERVICES
a. Laundry and vending machines are provided from vendors when not owned by the property All vending services and equipment are owned by the vendor. Any cash collected is paid in the form of checks to the appropriate projects and are deposited into the general operating account of the project.
b. All equipment will be owned by vendor, if not owned by the property. 437
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22 c. Vendor forwards a monthly check to be deposited into the operating account of the project. No cash is accepted.
d. Vendor will be responsible for all maintenance, servicing, and stocking any machines.
e. Laundry contracts are normally initiated for a five-year term and renewed every five (5) years at which time the terms and conditions are renegotiated. A new contract is written and signed by both parties. This is a Managing Agent standard contract.
Vending machine contracts are negotiated in the same fashion as laundry contracts.
11. PLANS FOR ACCOUNTING, RECORD KEEPING AND MEETING REPORTING REQUIREMENTS.
a. All project records will be developed by the Agent and maintained in accordance with Agency regulations and policies governing fiscal operations, accounting, and financial reports for multifamily housing projects, and will comply with generally accepted accounting procedures. Required reports will be prepared and submitted from the Managing Agent to the Owner using a modified cash reporting system.
The Agent will be responsible for the preparation and submission of the monthly financial statements. The Owner will contract for the annual audit. The Agent will cooperate with and make all records available to the CPA for the preparation of the audit. The accounting records will be set up and maintained by the Agent in the Agent's office. The records will be kept on a modified cash basis and will comply with generally accepted accounting practices.
b. Project funds will not be co-mingled.
c. The project chart of accounts and bank accounts are either directly or indirectly (through our mapping strategy) compatible with multiple family housing project budgets.
d. The accounting department will be responsible for the preparation and submission of the quarterly and annual reports to the lender, if necessary.
e. An independent CPA not associated with the project will provide the annual audit or review.
f. Individual folders will be kept on the project site for all tenants and will contain completed applications, verification of income and certification, lease agreement, credit and criminal reports, security deposit data, rent receipts, work orders, and correspondence. All folders for tenants who have vacated an apartment will be kept a minimum of three (3) years and/or a maximum of seven (7) years. 438
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23 g. Tenant records and copies of initial tenant certifications will be retained at the Site Manager's office and will be available during normal business hours for review.
Accounting records will be maintained at the Agent's office and will be available during normal working hours for review. All records are maintained for a minimum of seven years.
12. PROPERTY ACCOUNTS
Disbursements from the Operating Account shall be governed by the following:
a. From the funds collected and held by Agent in the Operating Account and subject to Owner's approved operating budget, Agent shall make the following disbursements promptly when payable, in the following order of priority: (i) salaries and other compensation due and payable to the employees together with related payroll taxes; (ii) real estate taxes and assessments, and fire and other hazard insurance premiums, (including any required monthly escrow payments therefore), utilities, interest on the mortgages, amortization of the principal of the mortgages, fees, and establishment and maintenance of all required reserve funds; and (iii) other payments due and payable by Owner as operating expenses incurred pursuant to Owner's approved operating budget and in accordance with the Management Contract, including Agent's compensation.
b. In the event that the balance in the Operating Account is at any time insufficient to pay disbursements due and payable, Agent shall promptly inform Owner of the fact and Owner may then remit to Agent sufficient funds to cover the deficiency. In no event shall Agent be required to use its own funds to pay such disbursements.
c. Owner shall maintain and fund separate accounts for operating reserves and replacement reserves. Agent shall maintain a separate account for security deposits. All accounts shall be maintained separately from all other funds unless instructed differently by Owner.
13. OPERATING BUDGETS
The Budget shall be mutually agreed to by Owner and Agent. Agent shall control expenses in accordance with the agreed upon Budget. Both the Agent and the Owner will promptly notify the other if either account for, is informed of, or anticipates an increase for any particular item included on the operating budget or any project expense that will impact the total projected operating expense for the Project. The Budget shall include a schedule of recommended rents to be charged for each dwelling unit, including recommended rent increases with respect to Lease renewals and new Leases. In preparing each proposed Budget, Agent and Owner shall each use their best efforts to take account of anticipated increases in real estate taxes, utility charges, and other operating costs including all anticipated office and administrative expenses of the Agent that may be considered Project expenses. If there is any monthly deficient to pay expenses from income rece ived, Agent shall bill Owner for such deficiency and Owner shall use its best efforts to pay Agent such 439
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24 deficient amount within fourteen (14) days, but no later than thirty (30) days.
14. RECORDS AND REPORTS
In addition to any requirements or other provisions of the Management Contract, in accordance with amounts provided in the Budget, Agent shall have the following responsibilities with respect to records and reports:
a. Agent shall establish and maintain a system of records, books, and accounts, including computerized systems, in a manner satisfactory to Owner. All records, books, and accounts shall be subject to examination at reasonable hours by any authorized representative of Owner.
b. Agent shall prepare a monthly report containing and including at least the following for the month just completed: (i) a statement of income and expenses and accounts; (ii) a rent roll; (iii) balance sheet; Agent shall submit each such report to Owner on or before the twenty- fifth (25th) day of each month.
c. Agent shall prepare, execute, and file all forms, reports, and returns required by law in connection with the employment of personnel, unemployment insurance, worker's compensation insurance, disability benefits, Social Security, and other similar insurance.
d. Agent shall establish tenant files containing copies of leases, certification forms, notices, and other documentation required by any lender or the affordability program, if and to the extent applicable.
e. Agent shall file on behalf of Owner, the customary property management compliance reports. Agent shall cooperate fully with all necessary activities of the auditor and paid tax preparer. Agent shall also file compliance reports required by the first mortgage lender and the limited partner.
f. Agent shall promptly furnish such additional information (including monthly occupancy reports) as may be requested from time to time by Owner with respect to the renting and financial, physical, or operational condition of the Project. If Agent is requested to provide any additional reporting other than those outlined specifically in paragraph 14, Sections (b), additional charges will apply.
15. UTILITIES, SERVICES AND ENERGY CONSERVATION MEASURES.
a. In accordance with the Budget, Agent shall make arrangements and continue to pay for water, electricity, gas, cable, sewage, and trash disposal, vermin extermination, decorating, laundry facilities, telephone service and other services in connection with the Project.
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25 b. Each tenant will be in direct control over their consumption of gas and electricity. The manager will carry out orientation programs to educate the tenants in regard to the conservation procedures. Each tenant will be advised how to best maintain their equipment to the best of their ability and to call the office for assistance for those who are unable to maintain the equipment.
Items such as filter changes, thermostat settings, and water temperature control will be an integral par t of the program. The manager will develop orientation programs that will include energy conservation measures that consider not only the items listed here, but also optimum times of cooking and not cooking, as well as doing laundry and other household chores. This information will be included at the tenant move-in orientation.
c. Management will be involved in conservation at all levels. Particular attention will be paid to conservation of energy in all common areas of the project.
d. Management will be involved in all energy conservation programs on the complex. All-night lighting systems will be on photoelectric cells to go on at dark and off at daybreak; and all watering systems will be set to not over water to the extent that water consumption is escalated, and water runs down the street. Upon a tenant moving out, prior to re-renting the unit, all hot water tanks will be reset to a maximum of 120 degrees. The management will provide filters as necessary to keep the HVAC clean and efficient as well as make service calls on all HVAC that are not operating properly. At the time of the maintenance visit, the maintenance staff is instructed to educate the tenants with regard to conservation of utilities. Additionally, with each visit to a unit the maintenance staff is instructed to inspect the hot water tank for malfunctions. The manager will make available free pamphlets distributed through the utility companies with household hints on conservation when available.
16. PLANS FOR TENANT PARTICIPATION IN HOUSING AND TENANT’S RELATIONSHIP WITH MANAGEMENT.
a. Every effort will be made to encourage residents to initiate, conduct and participate in neighborhood watch programs, resident councils and/or resident social activities. Managers are, likewise, encouraged and prompted to facilitate such activities.
b. The Tenant Grievance and Appeals Procedure is posted in the Site Manager’s office. The tenant/member will submit all grievances to the manager who will be responsible for initial review of the complaint, discussion with their Regional Supervisor and coordination and delivery of the response.
17. PLANS FOR CARRYING OUT MANAGEMENT TRAINING PROGRAMS. 441
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26 a. We maintain our own training program. Regional Supervisors will thoroughly train new hires in the areas of, Manager's Handbook and company policies and procedures. All new managers are required to attend and pass Agent-sponsored training courses.
b. When a new manager is hired at any complex, the manager trainee is put through our training program which includes all aspects of the particular program under which he or she will be working as well as our management and safety programs. In addition, we conduct periodic safety programs.
Agency approved training programs are utilized for training managers in regulations, certification, and continuing education programs.
18. TERMINATION OF LEASE OR OCCUPANCY AGREEMENTS AND EVICTIONS.
a. Agent shall use its best commercial efforts to secure full compliance by each Tenant with the terms of such Tenant's Lease. Voluntary compliance shall be emphasized, and Agent shall make referrals to community agencies and provide a list of local help agencies in cases of financial hardship or other circumstances deemed appropriate by Agent, all to the end that involuntary termination of tenancies shall be avoided to the maximum extent, consistent, with sound management of the Project. Agent may, if required by Owner, lawfully terminate any tenancy when sufficient cause for such termination occurs under the terms of the Tenant's Lease, including, but not limited to, nonpayment of rent. For this purpose, Agent is authorized to consult with legal counsel and bring actions for eviction and execute notices to vacate and judicial pleadings incident to such actions: provided, however, that Agent shall keep Owner informed of such actions and shall follow such instructions as Owner may prescribe for fees and other necessary costs incurred in connection with such actions, as determined by Owner, shall be paid out of the Operating Account. Agent shall properly assess and collect from each Tenant or the security deposit the cost of repairing any damages to the dwelling unit arising during the Tenant's occupancy.
b. The lease agreement clearly outlines all provisions and procedures for the Managing Agent to evict a tenant. Within the Managing Agent's organization, the Regional Supervisors are responsible for determining and overseeing evictions.
c. Agent may take action to termin ate or evict any tenants where in Agent’s judgment, sufficient cause for such termination or eviction exists under the terms of the Residential Lease. Agent is authorized to retain legal counsel to bring action necessary to carry out the decision to terminate or evict with prior authorization of Owner’s legal department. Agent shall keep Owner informed of the progress of such actions if requested.
d. The Regional Supervisor and Site Manager are knowledgeable in all legal 442
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27 requirements regarding notification of State laws in evictions. Additionally, all personnel are trained in State and Local laws regarding tenant evictions and lease terminations. Included in this training are requirements regarding notification that must be given to a tenant when termination of the lease or eviction is proposed. When violations occur, violation notices are served prior to an actual eviction notice.
19. INSURANCE
a. The Managing Agent is knowledgeable and is responsible for furnishing fidelity bond coverage as a Project expense. All employees will be covered by the Agent's fidelity bond in the amount of $750,000 per instance.
b. Agent shall investigate and immediately furnish the Owner with full reports of all accidents occurring on or about the premises of the Project or in connection with the operation of the Project, or any claims or potential claims for damage arising out of such accidents on forms provided by Owner. Agent shall cooperate with the Owner and insurers in the investigations and settlement thereof. The liability policy will name Agent as an additional insured. Owner will provide Agent with the current Project’s insurance certifications listing Agent as additional insured on an on-going basis.
20. TERMS OF AGREEMENT
A copy of the proposed Management Plan is attached as a subpart of the Management Contract.
21. MANAGEMENT COMPENSATION
The Management Agreement sets forth the responsibilities as well as the compensation and how the compensation is to be paid to the Managing Agent. All management fees will be paid monthly.
22. ON-SITE MANAGEMENT.
a. The Site Manager will perform on-site management duties.
b. The Site Manager and staff job descriptions begin in Section 2.
c. The Site Manager or a maintenance person must live on site in a rent-free apartment.
d. Office hours will be established to meet the needs of the tenants within the limits set by the approved budget. Current hours will be posted on the office door.
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28 23. VALIDITY OF THE MANAGEMENT PLAN
I hereby certify this plan and agreement addresses all aspects of project management.
Signature
Managing Agent
Title Vice President
Date
Signature
Owner
Title
Date
CFO
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29 Management Plan Attachments
1. Resident Selection Procedure
2. Waiting List & Instructions
3. Waiting List Contact Letter
4. Security Plan
5. Lease Agreement
6. Rules and Regulations
7. Addendum, Drug & Crime-Free Housing
8. Resident Notification Letter & Low-Income Lease Rider Forms
9. Mold & Mildew Addendum
10. Satellite Dish Installation
11. Tax Credit Addendum
12. Lease Addendum, Public Access
13. Bedbug Addendum
14. Lease Addendum, Violence Against Women Act of 2005
15. Race and Ethnic Reporting Data Reporting Form
16. Tenant Contact Log
17. Annual Recertification Initial Notice
18. Unit Inspection Report
19. Moisture Inspection Report
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ATTACHMENT E – Services for Supportive Housing Residents
1. General. The Service Provider(s) are County staff or community‐based organizations who have experience with chronically homeless individuals and families, including those who are high users of safety‐net services such as emergency and acute health services. The Service Provider integrates case management, clinical services, educational and vocational services and housing services to help chronically homeless individuals obtain and retain permanent housing. The Service Provider is responsible for helping individuals:
a. Enroll, engage and remain engaged in services;
b. Obtain permanent housing as quickly as possible, with the goal of moving into housing within 60 days of enrollment in case management;
c. Remain housed for at least 12 months or leave the program for other stable and affordable housing situations;
d. Improve their health and wellness, an indication of which can be a reduction in the unnecessary utilization of emergency and acute health services; e. Improve their self‐sufficiency by obtaining and retaining sufficient resources to meet their basic needs;
f. Obtain and retain stable income that is greater than or equal to $850; g. Receive appropriate medical and behavioral health services; and, h. Meet the goals that they set for themselves with respect to self‐sufficiency, employment, and quality of life.
2. Key Service Principles
a. Housing First: Housing is the foundation upon which homeless persons can end their homelessness, address their health con ditions and improve their stability and self‐ sufficiency, the Service Provider makes every effort to place individuals in housing as quickly as possible with the least number of pre‐conditions. Once housed, even the “hardest to serve” can succeed with pro per support. Participation in services are not required. However, participation in services are encouraged, and the Service Provider is required to continually implement engagement strategies. The only behaviors that might trigger an involuntary exit from the program are those associated with serious or repeated lease violations, unit abandonment, or long‐term incarceration/institutionalization. b. Community‐based service delivery: The team provides clinical services in the settings where the participant is most comfortable.
c. Consumer choice: Each participant can define his/her own recovery goals. d. Recovery: Everyone is capable of recovery but it will look different for each person. With stable housing and appropriate services, individuals will become healthier , more stable, happier and more self‐sufficient.
e. Harm reduction: The Service Provider focuses on reducing the negative consequences of drug use, not enforcing sobriety.
f. Success: The Service Provider continually reinforces the possibility of success for each participant, conveying that faith and hope directly to them, so that they eventually believe in themselves.
g. The Service Provider maintains a “whatever it takes” approach to meeting the clients’ needs and ensures that the changing needs of the clients are met. 446
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3. Service Components. The Service Provider is responsible for:
a. Outreach, Enrollment, Assessment and Planning
i. Locating each potential Supportive Housing Resident, establishing trust and rapport and enrolling the individual (or family) in the Service Provider’s program. ii. Conducting assessments to identify psychosocial, life skills and functional needs, eligibility for entitlement programs (e.g., General Assistance, IHSS, etc.) and self‐ sufficiency needs;
iii. Maintaining appropriate levels of engagement and sustaining clients’ belief in recovery; and;
iv. Developing client‐centered service plans to obtain and retain housing, improve health conditions, improve daily living activities, increase meaningful daily activities and to achieve long‐term stability.
b. Housing Attainment and Retention
i. Assist clients to obtain and maintain permanent housing by assisting with rental application processes (and re‐certifications), appeals, and making referrals to services that would facilitate tenancy (e.g., financial education programs for those who have been accepted on a credit appeal);
ii. Helping the client understand lease provisions and property requirements; iii. Assisting clients with their move‐ins including coordinating furniture and household goods;
iv. Providing clients with the skills/knowledge to be successful tenants; v. Helping to resolve disputes between the participant, property management and/or other residents;
vi. Helping individuals respond to effectively and appropriately to lease violations; vii. Responding to crises identified by the client, the property management, or other persons (as appropriate) within one business day;
viii. Helping clients relocate to other permanent housing when it is in the best interest of the client; and,
ix. Performing wellness checks when needed.
x. Attend meetings as required by this project. Ensure that the Supportive Housing Residents’ case managers participate in these meetings as appropriate.
c. Treatment and Services. All services are voluntary, connected to a treatment or services plan, responsive to the participant’s needs/diagnosis, and geared toward helping them manage symptoms. The Service Provider:
i. Provides or helps clients access primary care, specialty care, dental care and behavioral health services, including substance abuse counseling, Individual and family counseling, crisis intervention/support and medication management/education;
ii. Coordinates health services or supports health care providers in their efforts to coordinate health services;
iii. Assists clients in applying for assistance programs including, but not limited to, Medi‐Cal and MediCare, Supplemental Security Income, General Assistance and utilities discounts;
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iv. Helps clients access employment services, job training, and/or volunteering opportunities;
v. Identifies, encourages and helps clients connect to social networks, peer support and leisure activities; and,
vi. Assists clients with other basic needs such as transportation, food/nutrition, life skills and basic hygiene.
4. Staffing and Service Model. Individuals’ complex needs will require interdisciplinary teams to work in a coordinated manner. These teams may be part of one or a few organizations operating under the principles of service models such as Assertive Community Treatment (ACT). The size and composition of the team may vary depending on target population, case load size and organizational strengths.
Regardless of team composition, each client will be assigned a case manager (aka, Intensive Case Manager, Personal Service Coordinator, Service Coordinator, etc.). The case manager is responsible for completing a full assessment, preparing a Treatment Plan, establishing and maintaining a therapeutic relationship with each participant on their caseload, and for coordinating treatment, services, supportive therapy, and crisis management. The case manager is the primary point of contact for property managers and resident service s staff. Case managers will be mobile and will deliver most services at or near a client’s home. When warranted by case load size, appropriate facilities and client need, case managers will have offices (or office hours) on site.
Staffing ratios and the frequency of services (e.g., case management sessions and home visits) will adapt based on client needs and progress toward goals. The concept is to have extremely low client to staff ratios during the initial engagement and move‐in phase. For example, a ca se manager may work with five or fewer unhoused chronically homeless persons for three to six months before taking on additional clients. During the initial housing phase ‐ the first 12 to 24 months of housing ‐ case managers would have caseloads of 20 or less clients. During these two phases, case managers and service teams may have contact with clients daily or multiple times per week. It is expected that, for the majority of residents, this intensity will decrease over time as needs decrease.
As needs and service interactions decrease, clients move into the housing retention phase. While all clients remain a part of the supportive housing program, client to staff ratios may increase, the service focus may shift to wellness goals, and the case management role may shift to peer support specialists or community workers who are a part of or working in conjunction with the Service Provider organization(s).
Service levels and staffing ratios will revert to higher levels in response to client‐specific needs and situations (e.g., medical emergencies that require more intensive care to help an individual recover and regain their health). Reversion to higher levels of service may be short‐term, long‐term or permanent. Regardless of how long a client has been hou sed, County and its Service Provider is responsible for ensuring an adequate level of service to achieve and maintain the goals described in section 1.
448
Item # 15.
5. Administrative Activities. The Service Provider is responsible to the County for accurately documenting services for assessment, care planning, clinical, billing, program assessment and reporting purposes. For most providers this includes use of or compliance with standards for the Homeless Management Information System and electronic health records for the specialty mental health and behavioral health system.
449
Item # 15.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Discuss the Formation of a City Council Ad Hoc Naming Subcommittee and Appoint the Subcommittee Members (Staff Contact: Renee Lorentzen, Director of Recreation and Community Services, 408-586-3409)
Category: Leadership and Support Services
Meeting Date: 8/16/2022
Recommendation: Discuss the formation of a City Council Ad Hoc Naming Subcommittee and appoint the Subcommittee members.
BACKGROUND:
On February 26, 2019, City Council sunset the Streets, Parks and Facilities Naming Subcommittee and directed staff to assign naming recommendations for streets to the Planning Commission and for parks and facilities to the Parks, Recreation and Cultural Resources Commission. Based on the City Council direction and the input from the previous Naming Subcommittee, staff developed an updated policy in the new City Council Policy format for naming streets, parks and facilities.
On May 3, the City Council provided feedback to staff on the draft revision of the City Streets, Parks and Facilities Naming Policy (Policy) and on June 21, 2022, the City Council approved the Policy. Per the updated Policy, the City Council is to form an Ad Hoc City Council Naming Subcommittee to make recommendation to City Council on the naming of City streets, parks and facilities.
On January 22, 2022, the City Council approved the City Council Policies and Procedures Handbook (Handbook). Chapter II, Section D.10 titled “City Council Subcommittees” states in part that “Subcommittees assist the Council by studying an issue and preparing policy alternatives and implications for Council deliberation.” Further, “Council subcommittees may not speak or act for the Council, and the subcommittee members should be regularly reporting out their work to the City Council through a scheduled agenda item.” Lastly, “Subcommittees shall obtain City Council concurrence before they proceed in any direction different from the original instructions of the City Council. In addition, Subcommittees should not implement policy, provide direction that would result in incurring additional expenses or provide direction to staff to take any actions that are not consistent with existing City Council direction without first obtaining City Council approval for such actions.”
ANALYSIS:
On June 21, 2022, the approved updated Policy included the following updated sections as follows:
Section 2.2 in the Policy section reads: “The City Council Ad Hoc Naming Subcommittee shall evaluate names of City streets, parks and facilities, and shall make recommendations to the City Council.”
Section 3.2.1 in the Procedure section reads: “City street, park and facilities naming recommendations shall be brought to the City Council Ad Hoc Naming Subcommittee for recommendation to the City Council and may be considered at any regular or special meeting.”
In conformance with the approved Policy and consistent with the Handbook, staff is proposing the following for Council consideration as part of discussing the formation of an Ad Hoc Subcommittee.
Name of the Ad Hoc Subcommittee:
Ad Hoc Naming Subcommittee
450
Item # 16.
Ad Hoc Subcommittee Members:
To be appointed by the Council
Meeting Frequency:
As needed, but no more than monthly.
Ad Hoc Subcommittee Role and Scope:
The City Council Ad Hoc Naming Subcommittee shall evaluate names of City streets, parks and facilities, and shall make recommendations to the City Council.
Fiscal Impact:
There is no fiscal impact with the formation of this Ad Hoc Subcommittee
California Environmental Quality Act:
By the definition provided in the California Environmental Quality Act (CEQA) Guidelines Section 15378, this action does not qualify as a “project” for the purpose of CEQA.
Recommendation(s):
Discuss the formation of a City Council Ad Hoc Naming Subcommittee and appoint the Subcommittee members.
Attachment:
City Council Policy for Naming Streets, Parks and Facilities
451
Item # 16.
CITY OF MILPITAS
Revision Date
Original 04/21/2006
6/21/2022
CITY COUNCIL POLICY
1. PURPOSE
1.1. This Policy establishes the guidelines, criteria, and processes for naming City streets, parks, and other facilities.
1.2. This Policy is consistent with Milpitas Municipal Code, Title XI-1000 and Government Code Section 34093.
2. POLICY
2.1. The City shall have the sole authority and the City Council shall have the final authority to approve names of City Streets, Parks, and other Facilities.
2.2. The City Council Ad Hoc Naming Subcommittee shall evaluate names of City streets, parks and facilities, and shall make recommendations to the City Council.
2.3. Although the City will have full control and final decision-making authority on any names selected, public input will be received, and other names may be raised and requested to be considered by the City Council.
2.4. From time to time, the City Council shall approve names to be added to a list(s) of names suitable for streets, parks, and facilities.
2.5. No duplication of names within an asset type (i.e., park, facility, plaza) will be approved.
2.6. A deliberative process by City staff will be conducted to ensure that renaming of a street, park, and facility will not diminish the original justification for the name of the prior contributors. Parks and facilities named after individuals shall not be changed unless it is found that because of the individual’s character the continued use of their name would not be in the best interest of the community. Parks that have been named by deed restriction shall not be considered for renaming.
2.7. The following criteria and factors shall be considered with naming or renaming a street, park, or facility:
2.7.1. Neighborhood or geographical identification, such as street, school, or other descriptive names;
2.7.2. Natural or geological features of the area;
2.7.3. Historical or cultural significance: the name of a historical figure can be considered, if the figure had a significant and extraordinary historical influence on the area, state, national, or international level;
Policy No:
Click or tap here to enter
text.
CITY STREETS, PARKS AND
FACILITIES NAMING POLICY
Effective Date:
6/21/2022
Revision No:
1 Policy Administrator:
Recreation and Community Services
Next Review Due:
As needed
Related Policies and
Procedures:
Incorporates and
replaces SOP 1.3
Approved by:
Click or tap here to enter text.
Council meeting date, agenda item #, and
vote
Date Approved:
6/21/2022
452
Item # 16.
CITY OF MILPITAS
Revision Date
Original 04/21/2006
CITY STREETS, PARKS, AND FACILITIES NAMING POLICY / POLICY #
2.7.4. The name of any person or family that has made a significant impact in the community and/or in development of the street, park, or facility;
2.7.5. An individual or organization that contributed significantly to the acquisition or development of the park or facility to be named. This can include either a deed or substantial monetary contribution, or contribution toward the acquisition, and/or development of the park of facility. (Naming rights are not guaranteed if the donation is a dedication as required by the subdivision.)
2.7.6. The articulated preference of residents of the neighborhood surrounding the street, park, facility;
2.7.7. A name should represent community values and consider future generations and ethnic diversity;
2.7.8. If the name of an individual or family is to be considered, the use of such name shall have the approval of the individual (or his/her surviving family) or family when reasonably possible;
2.7.9. No seated elected official shall have their name added to a naming list or have a street, park or facility named after them while serving on the City Council.
2.7.10. Avoid confusing or similar sounding names (Public Safety Dispatch test);
2.7.11. Avoid changing street names along any continuous alignment (Continuity test).
2.8. Naming of parks and facilities near schools shall be coordinated with the Milpitas Unified School District as much as possible.
2.9. All naming and/or renaming of a park or facility will be set forth by a Council Resolution.
2.10. Should policy conflict with any City Ordinance, Code or other laws and regulations, the respective City Ordinance, Code or other laws and regulations shall prevail.
3. PROCEDURE
3.1. Maintaining a List of Names for Naming Streets, Parks, and Facilities.
3.1.1. The Recreation and Community Services Department shall maintain a List of Names for Naming Streets, Parks, and Facilities.
3.1.2. As needed, the Director of Recreation and Community Services shall bring additions to the List of Names for Naming Streets, Parks, and Facilities to Council for approval at any regular or special meeting.
3.2. Naming of Streets, Parks, and Facilities
3.2.1. City street, park and facilities naming recommendations shall be brought to the City Council Ad Hoc Naming Subcommittee for recommendation to the City Council and may be considered at any regular or special City Council meeting.”.
3.2.2. Naming recommendations shall be from the City Council approved List of Names available from the Director of Recreation and Community Services.
3.3. Proposed names for new City streets, parks, and facilities should be considered during the entitlement process prior to the final map approval.
3.4. Names being considered for streets shall be reviewed by the City and County emergency services dispatch and Post Office to discourage names that are too similar or confusing that may hinder emergency response; or are otherwise inappropriate for public safety purposes. 453
Item # 16.
CITY OF MILPITAS
Revision Date
Original 04/21/2006
CITY STREETS, PARKS, AND FACILITIES NAMING POLICY / POLICY #
3.5. The following City Departments will contribute to the establishment and maintenance of databases for named streets, parks, and facilities:
3.5.1. Information and Technology Department – Maintain database of all City assets (streets, parks, and facilities)
3.5.2. Recreation and Community Services Department – Maintain Naming Lists, information about historical references, person’s full names, ancestry, dates of birth and death, and other information of interest about the person or group, and the significance of their name to Milpitas’ history and/or to that particular named asset.
3.5.3. Planning Department – Coordinate Street Naming related to new development, prepare, and maintain GIS databases for mapping of new facilities.
3.6. Renaming of a street, park, or facility
3.6.1. The renaming of a street, park, or facility may be initiated by City Council, City Commission, City staff, a group, or individuals.
3.6.2. The initiation of renaming by non-City organizations or individuals shall be made by participating during Public Forum at the appropriate advisory City Commission or City Council meeting.
3.6.3. The City Commission may place the request on the agenda for review of the proposed name(s), taking of public comment, and discussion of the renaming proposal consistent with this Policy.
3.6.4. When a City Commission considers the renaming proposal of a street, park, or facility, staff shall notify the surrounding neighborhood in a ¼ mile radius.
3.6.5. If the City Commission supports the renaming proposal, it will make a recommendation to the City Council for Council consideration.
3.7. The name of a park or facility that is sold, transferred to non-city ownership, or otherwise deemed to no longer be a City of Milpitas property, should be transferred to another location eligible for naming. Should there not be an appropriate location, the name shall be added to the appropriate Naming List for future use.
454
Item # 16.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Review the List of Agenda Item Requests From Individual Councilmembers and Provide Direction to Staff, Through the Prioritization Process, on Groups 1 Items; Provide Additional Clarification to Staff, If Any, on Group 2 Items and Direct staff to return with a draft City Council Policy titled “City Council Request Prioritization Policy” formalizing the process (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3053; Walter C. Rossmann, Deputy City Manager, 408-586-3012)
Category: Leadership and Support Services
Meeting Date: 8/16/2022
Recommendation: (1) Review list of agenda item requests from individual Councilmembers and provide direction to staff, through the prioritization process, on which Group 1 items should be advanced; (2) Provide additional input to staff, if any, on Group 1 items that received Council direction to advance and all Group 2 items; and (3) Direct staff to return with a draft City Council Policy titled “City Council Request Prioritization Policy”.
Background:
At City Council meetings, under the Announcements section, Members of the Council request items they would like the full Council to consider. These items are placed on a list for a future Council discussion and action. On January 19, 2021, at a Special City Council meeting, in order to streamline the process, Council provided direction to staff to bring forward individual Council agenda item requests to Council, for prioritization, on a quarterly basis.
The last prioritization was held on May 3, 2022. Since the beginning of this process, Council has reviewed 235 items. Links to prior prioritization reports and minutes are included under Attachments.
Analysis:
Staff is now bringing forward the next quarterly prioritization of items that were requested by Council between March 15, 2022 and June 21, 2022, including the status on items approved previously by Council.
As shown in Attachment 1, a total of 57 items, some of which were discussed during the prior prioritization discussion, have been grouped into four categories differentiated by level of effort and status of the agenda request as outlined below:
Group 1 – Items that have not been initiated; will require more than four hours of staff time; and may require additional funding or resources (8 items).
Group 2 – Items that have not been initiated but will require less than 4 hours of staff work (3 items).
Group 3 – Items that are currently underway and/or already included in workplan (24 items).
Group 4 – Items that have been completed, postponed indefinitely, or withdrawn (22 items).
Prioritization Process
There are a total of 14 new items since May 2022. Of these 14 items, 4 items are in Group 1, 3 items are in Group 2, 3 items are in Group 3, and 4 items are in Group 4.
455
Item # 17.
Similar to the prior prioritization process, the new Group 1 agenda item requests are identified in Attachment 2. Since many of these requests have not yet been discussed in detail, staff has made an attempt to note alignment with Council priority areas to the extent possible. As part of Attachment 2, staff provided a write-up which includes the lead and supporting departments, estimated resources and cost to complete the work, description of work effort, any actions taken to date, clarification or direction sought from Council, and other additional considerations including impacts on other workplan items. To the extent possible, staff sought clarification from members of the Council sponsoring the request; however, some items may still need additional clarification from the requesting Councilmembers. To facilitate Council prioritization, Group 1 items have been further categorized into three sub-groups: Ordinances and Policies, Projects and Programs, and Miscellaneous.
For six Group 1 items, the total annual costs are estimated between $0.8 and $2.7 million requiring between 180 to 2,080 staff hours. For two Group 1 items, staff was not able to estimate the cost and staff hours mostly due to gaps in information. Based on Council direction, staff will bring back items that require new funding for funding discussion at the FY 2023-2024 Preliminary Budget Study Session scheduled for January 2023 or the 2024-2028 Proposed Capital Improvement Program Study Session scheduled for February 2023.
Since Group 2 items (see Attachment 1) require less than four hours of staff time, these can be advanced without requiring a majority vote; however, Council may wish to provide additional input or direction on these items. For Items 3, which are underway and/or already included in staff workplans, staff provided an update in Attachment 1. The status of Items completed, postponed indefinitely or withdrawn prior to June 21, 2022, are presented as a separate attachment (Attachment 3).
Voting Process
Consistent with past prioritization process sessions and the number of Group 1 items, staff proposes that the Council prioritize no more than 4 items.
Round 1
Each member of the Council will be asked to prioritize their top four items from Group 1. Councilmembers will be provided hard copies to help them review and complete the preliminary prioritization and electronic voting will be conducted on mobile devices.
All items receiving three or more votes will move forward. If the number of items receiving three or more votes is four or greater, the prioritization process will be deemed complete. If the number of items is less than four, the remaining items will be prioritized as described in Round 2.
Round 2
In case items receiving three or more votes are less than four in number, Councilmembers will be asked to prioritize the remaining items so as to develop a top four list. Each member of the Council will be given the number of votes equivalent to four minus the number of items prioritized for staff work at the completion of Round 1. For example, if after Round 1, the Council agreed on advancing two items, two additional items will require prioritization. Therefore, each Member of the Council will be asked to vote on two items. All items receiving three or more votes will be added to the prioritized list. If the total number of items on the list is four or greater, the prioritization process will be deemed complete.
Additional Rounds, if needed
If the total number of prioritized items after Round 2 is less than four, all remaining items which received at least one vote will be prioritized through additional rounds of voting. Items which receive zero votes in a round will be eliminated from the subsequent round of voting.
Please note that any items that do not advance through this multi-step prioritization process will be removed from the active list and would have to be resubmitted through Announcements for the next prioritization discussion scheduled for December 2022.
456
Item # 17.
Next Steps and Council Policy
Based on Council feedback so far regarding the existing prioritization process, staff recommends bringing forward during the next few months a draft Council Policy titled “City Council Request Prioritization Policy” to document the process for Council consideration.
Based on Council direction, staff will bring back any Group 1 items that will require additional funding and/or resources as part of the development of the FY 2023-2024 budget for further Council discussion. The next prioritization session will be scheduled for December 2022.
Policy Alternative:
Not applicable
Fiscal Impact:
For six Group 1 items, the total annual costs are estimated between $0.8 and $2.7 million requiring between 180 to 2,080 staff hours. For two Group 1 items, staff was not able to estimate the cost and staff hours mostly due to gaps in information. Based on Council direction, staff will bring back items that require new funding for funding discussion at the FY 2023-2024 Preliminary Budget Study Session scheduled for January 2023 or the 2024-2028 Proposed Capital Improvement Program Study Session scheduled for February 2023.
California Environmental Quality Act:
This item is not a Project under CEQA in accordance with CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) as it can be seen with certainty that a general discussion of funding priorities by the City Council will not have a significant effect on the environment. Further, the item is also not a Project pursuant to CEQA Guidelines Section 15378(b)(4) as it is a government fiscal activity that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. Although the use of funding will be discussed for various potential projects, any project scope and potential environmental analysis would be speculative to analyze at this time and future environmental analysis will be conducted for the various potential projects prior to the City making any commitment or approval of any project.
Recommendation:
1. Review list of agenda item requests from individual Councilmembers and provide direction to staff, through the prioritization process, on which Group 1 items should be advanced.
2. Provide additional input to staff, if any, on Group 1 items that received Council direction to advance and all Group 2 items.
3. Direct staff to return with a draft City Council Policy titled “City Council Request Prioritization Policy”.
Attachments:
1. List of Councilmember Agenda Item Requests
2. Information on Group 1 items
3. List of Completed, Postponed Indefinitely, or Withdrawn Items
4. Links to Prior Prioritization Reports and Minutes
a. March 16, 2021 Agenda and Minutes
b. August 9, 2021 Agenda and Minutes
c. January 11, 2022 Agenda and Minutes
d. May 3, 2022 Agenda and Minutes
457
Item # 17.
ATTACHMENT 1
COUNCIL PRIORITY AREAS LIST
Community Wellness and Open Space Continue to provide parks and amenities for people of all ages and abilities to enjoy higher levels of physical and mental health.
Economic Development and Job
Growth
Continue to strengthen our economic foundations that support community prosperity and opportunity while ensuring a sustainable and livable city.
Environment Promote a sustainable community and protect the natural environment.
Governance and Administration Continue to streamline processes for enhanced service and remain committed to long-term fiscal discipline and financial stewardship.
Neighborhoods and Housing Continue to explore innovative approaches to incentivize affordable housing projects, collaborate with key stakeholders to care for our most vulnerable populations, and support and engage neighborhoods through dedicated programs and services.
Public Safety Continue to invest in police and fire protection, in partnership with our community.
Transportation and Transit Continue to seek and develop collaborative solutions to meet the transportation challenges facing our community and our region.
458
Item # 17.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
AUGUST 16, 2022
No. Topic
Requested
By
Date
Requested Department / Office
Council Priority
Area(s) Status
Additional Resources/Funding
Needed or Deferral of Council
Approved Programs
1 Consider policies to regulate automated equipment that would reduce jobs. Phan 4/19/2022
Planning, City
Attorney, Economic
Development
Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources
Needed; Deferral of other
programs and project required.
2 Explore an ordinance or policy to reduce thefts and
increase security in the commercial retail parking areas Chua 4/5/2022 Police, Economic
Development
Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources and
Funding Needed
3 Explore the policy for locking mechanisms on shopping carts for large commercial businesses Tran 4/19/2022
Bldg. Safety &
Housing, Planning,
Economic
Development
Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources and
Funding Needed
4 Apply for the "Better Cities for Pets" Certification Tran 6/21/2022 Recreation Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources
Needed; Deferral of other
programs and project required.
5 Explore the use of roundabouts as a traffic calming
mechanism Dominguez 4/19/2022 Engineering, Planning
Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources and
Funding Needed
6 Prepare Vision Zero Action Plan Tran 6/7/2022 Engineering, Police Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources and
Funding Needed
7 Establish a fund for real estate acquisitions Montano 6/7/2022 Economic
Development,
Finance
Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources
Needed
8 Memorial Plaque in honor of youth skateboarder that
passed away Montano 6/7/2022
Recreation, Public
Works
Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources and
Funding Needed
Group 1 – Items that have not been initiated; will require more than four hours of staff time; and may require additional funding or resources.
Ordinances and Policies
Projects and Programs
Miscellaneous
459
Item # 17.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
AUGUST 16, 2022
No. Topic
Requested
By
Date
Requested Department / Office
Council Priority
Area(s) Status
Additional Resources/Funding
Needed or Deferral of Council
Approved Programs
9 Prepare a report on ghost guns; engage in legislative advocacy regarding ghost guns; and incentivize ghost
gun buybacks at the May buyback event.
Dominguez
Tran 4/5/2022 Police
An Information Memorandum was distributed on August
12, 2022.
10 Present Quarterly or Monthly crime statistics on the Homekey Project Chua 6/7/2022 Housing
Presentation is scheduled for the August 16 City Council Meeting as part of the Project Homekey item.
Staff provide and explain the Project Homekey
Management Manual, see if the MOU is being followed
including forming an oversight committee, and explore
with County to have check-ins of the units. Dominguez
indicated it could be included in Council Member Chua's recommendation. Mayor requested to include County in
discussion.
Dominguez 6/7/2022 Housing Item will be agendized for August 16 City Council meeting 11 Waive fees for family fundraiser at Milpitas Skate Park Dominguez 6/14/2022 Recreation Staff reached out to the resident multiple times. The
resident has not submitted any rental or fee waiver
application.
Group 2 – items that have not been initiated but will require less than 4 hours of staff time 460
Item # 17.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
AUGUST 16, 2022
No. Topic
Requested
By
Date
Requested Department / Office
Council Priority
Area(s) Status
Additional Resources/Funding
Needed or Deferral of Council
Approved Programs
12 Amendment to the existing ordinance for third-party
food delivery vendor services to prohibit regulatory
response fees Phan 2/16/2021
Economic
Development;
Finance
Agendized for discussion on 3/16/2021, deferred to
4/06/2021; CC direction for City Attorney to prepare a
report.
13 Consider change in term limits for Mayor +
Councilmembers Montano 6/16/2020
City Attorney, City
Manager
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; 4/05/2022 could gave direction to move
forward with Councilmember term limits and discuss the
Mayoral seat at a later date; Discussed at the 5/10/2022 budget meeting and had a consensus not want to move
foward with a ballot measure for the Mayor term limit; Councilmember term limits scheduled for June 7;
Scheduled for June 21 meeting
14 Create a plan for future solar paneling at City facilities Montano 3/1/2022 Public Works Discussed at Spring Quarterly City Council Workplan Items Prioritization Discussion; Approved to move forward at
the 5/03/2022 meeting; Discussed at the May 10 budget
meeting and approved funding of $25,000 in the 2022-23
budget
15 Establish State historical designation for the Sunnyhills community Tran 6/7/2022
Recreation, City
Manager
Request will be included with the Historic Resources
Master Plan project approved as part of the 2023-2027
Capital Improvement Program.
16 Evaluate reopening the childcare center with a non-
profit organization running the center Montano 2/1/2022 City Manager,
Recreation
Approved during Spring Quarterly City Council Workplan
Items Prioritization Discussionon 5/03/2022.
17 Explore a lease for the vacant land adjacent to the
Library for City use Tran 1/18/2022
City Manager,
Economic
Development, City
Attorney
Discussed at Spring Quarterly City Council Workplan Items Prioritization Discussion; Approved to move forward at
the 5/03/2022 meeting;
18 Have a picture of Albert Vogel Sr. put up in the Senior Center Montano 10/19/2021 Recreation
Approved to move forward at the 1/11/2022 Council
meeting; Staff engaged the artist of the existing mural regarding this Council approved item.
19 Include a bust of Maria Lemire on the Mural in front of the Senior Center Montano 8/17/2021 Recreation
Approved to move forward at the 1/11/2022 Council
meeting; Staff engaged the artist of the existing mural regarding this Council approved item.
20 Local Boy Scouts Fee Waiver for Eagle Scout Ceremony Tran 6/7/2022 Recreation Staff received the fee waiver application on August 11, 2022. Staff will agendize a fee waiver request for Council consideration for the first meeting in September.
Group 3 – items that are currently underway and/or already included in workplan 461
Item # 17.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
AUGUST 16, 2022
No. Topic
Requested
By
Date
Requested Department / Office
Council Priority
Area(s) Status
Additional Resources/Funding
Needed or Deferral of Council
Approved Programs
21 Look into bringing back a roller rink Montano 8/5/2021 Recreation Approved to move forward at the 1/11/2022 Council
meeting. Funding for the program will need to be
prioritized through the FY 22-23 budget process;
Discussed at 5/10/2022 budget meeting and approved
$100,000 funding for a two-day event in 2023
22 Look into opening up the Senior Center on Saturdays for half a day Chua 8/5/2021 Recreation
As presented by staff on 1/11/2022, this pilot is scheduled for completion in fall 2022. In preparation for the pilot, staff will issue a survey to seniors asking for the types of services they are seeking; hire staff based on the
feedback; and start the three-month pilot in September
2022 until mid November 2022.
23 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 8/17/2021 Recreation Staff will include the stem cell donor information in
regularly scheduled wellness event
24 Request for Crossing Guards at McCandless and
Montague Expressway and review wages for Crossing
Guards Montano 4/5/2022 Public Safety
Per the Information Memorandum issued on June 13, the
City will perform school aged pedestrian counts around
schools in the City including the McCandless and
Montague Expressway intersection at the beginning of
the 2022-23 school year and report the findings to the
Transportation Subcommittee late fall.
25 Request for the City to make the temporary third-party food deliver fee caps permanent and add additional
provisions for enforcement Phan 11/16/2021
Economic
Development,
Finance, City
Attorney
Discussed at Spring Quarterly City Council Workplan Items Prioritization Discussion; Approved to move forward at
the 5/03/2022 meeting
26 Requested an appropriation in an amount not to exceed $250,000 to procure a contract to address the
streetlights that are pending fieldwork. Tran 2/1/2022 Public Works 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.
27 Requested that staff study the placement of a City sign for the Milpitas Police Department and explore the cost of a new sign Dominguez 1/18/2022 Public Works, Police
Staff has been working on upgrading signage and
landscaping around the Police Department and Public
Works Building. Lit-up signs mounted on the building are scheduled to be installed by the end of August.
28 Requested that the City have mini-libraries in the low- income areas of the City. Montano 4/20/2021 Planning
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.
29 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 2/15/2022 City Attorney
4/19/2022 direct the City Attorney to make the
recommended changes to the Municipal Code to remove
and prohibit property in public; the City Attorney will bring forward an ordinance in September 2022.
462
Item # 17.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
AUGUST 16, 2022
No. Topic
Requested
By
Date
Requested Department / Office
Council Priority
Area(s) Status
Additional Resources/Funding
Needed or Deferral of Council
Approved Programs
30 Requested the City create a youth scholarship fund for under privileged kids to
play sports Montano 5/17/2022 Recreation
As part of the adoption of the FY 2022-23 Budget, the City Council allocated $20,000 for this program. Staff will bring forward a policy framework for this program for Council approval in September 2022.
31 Requested the City extend the outdoor dining options through March of next year Phan 9/21/2021 Planning
Emergency Outdoor Dining program extended. Draft
zoning ordinane with standards for permanent outdoor
dining prepared and now under review. Planning expects
bring forward draft ordinance for PC and Council
consideration before the end of 2022.
32 Review City policy on speed bumps Tran 12/15/2020 Engineering Presented to Transportation Subcommittee on
02/12/2021; voted on 3/16/2021 to revisit this item; on April 8, 2022 the Transportation Subcommittee provided
input on a draft policy, which is scheduled to be reviewed by the Subcommittee at its September 2022 meeting.
33 Staff to create a plan on how to increase the number of local businesses doing business with the City Chua 4/6/2021 Economic
Development
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. City Attorney to weigh in.
34 Staff to look into mural Art on Great Mall Parkway on the VTA owned Light rail pillars
Montano 11/16/2021
Recreation, Public
Works
Discussed at Spring Quarterly City Council Workplan Items Prioritization Discussion; Approved at the 5/03/2022
meeting; discussed funding at the 5/10/2022 budget
meeting and approved $100,000 of funding for only one
site
35 Staff to provide information on a landmark policy for the City of Milpitas Tran 3/16/2021 Engineering
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; The funding for the assessment of
historical and cultural resources and development of a
landmark policy will be included in the 2023-2027 Capital Improvement Program scheduled for adoption on May 3,
2022. This project will be scheduled to begin in FY 2022-
23. Item was brought to Council
during the the 2023-27 5-Year
CIP adoption process, however
Council determined not to fund
or advance this task.
463
Item # 17.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
AUGUST 16, 2022
No. Topic
Requested
By
Date
Requested Department / Office
Council Priority
Area(s) Status
Additional Resources/Funding
Needed or Deferral of Council
Approved Programs
36 Agendize a Flag Raising for India Independence Day Tran 6/14/2022 Recreation Item added to 6/21/2022 Consent Calendar 37 Agendize an update to the Lobbyist Ordinance for the next meeting Chua 3/1/2022 City Attorney
Discussed at 3/15 City Council Meeting; At the 3/15/2022 Council Meeting, City Attorney was directed to bring back a proposed ordinance amendment for further discussion;
Council approved the ordinance on 6/7/2022
38 Bring back a conversation in the budget meeting to fund “walking beats” in the commercial and high crime areas Dominguez 4/5/2022 Police At the 4/5/2022 City Council meeting, this item was
discussed and there was direction from Councilmember
Dominguez to work with the City Manager to find funding sources
39 City to highlight mental health resources on the website Dominguez 8/17/2021 Recreation Staff will issue an email this week (week of 7/25) 40 Consider expanding the Fee Waiver Policy eligibility to non-profit organizations outside of Milpitas but the
events are specific to Milpitas residents Chua 3/15/2022 Recreation Council approved the policy revision at the June 21 2022 City Council meeting.
41 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 3/15/2022
City Manager, Public
Safety, Recreation,
Public Works
Direction from Council to bring forward as part of FY 22- 23 budget discussion; at the May 10 Budget Study Session Council did not direct to do any further work on this item. 42 Designate the California Oak Tree as the City’s official heritage tree
Montano 2/1/2022 Recreation Council approved at the 6/7/2022 meeting. 43 Discussion in the next fiscal year, to have a sliding scale permitting program for seniors and low-income
residence for necessary safety renovations Tran 5/4/2021 Building Safety &
Housing, Planning
8/09/2021 Council voted 5-0 to move this item forward
and modify the existing Milpitas Assistance Program to
include seniors; MAP continues to be available for low
income seniors and sufficient funding was budgeted for
FY 2022-23.
44 Discussion to reduce the City’s Senior Center facilities deposit
Montano 5/4/2021 Recreation, Finance
the development of the FY 2022-23 Master Fee Schedule;
Council approved the item on 4/19 as part of the
45 Explore increasing the
Conferences/Meetings/Memberships allowance for each
Councilmember to $10,000
Chua 5/17/2022 City Manager
On 6/07/22, City Council did not approve increasing the allowance as part of the adoption of the FY 2022-23
Budget; however, Council provided direction to review
funding need as part of the FY 2022-23 mid-year budget
review.
46 Fee waiver for the Filipino American South Bay
Community to hold pop-up resource fair at a City Park Dominguez 3/1/2022 Recreation Staff engaged organizers of the event; event was held on June 19; organizers did not request a fee waiver.
47 Letter from City Council opposing AB 2181 (Berman)
regarding VTA's Board Composition Tran 6/7/2022 City Manager Per the email sent to Council on 6/17/2022, consistent
with the Council approved Legislative Advocacy Policy,
Mayor Tran signed a letter opposing the legislation unless amended.
Group 4 – items that have been completed, postponed indefinitely, or withdrawn 464
Item # 17.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
AUGUST 16, 2022
No. Topic
Requested
By
Date
Requested Department / Office
Council Priority
Area(s) Status
Additional Resources/Funding
Needed or Deferral of Council
Approved Programs
48 Look into allowing outdoor music and would like the
ordinance brought back to Council. Montano 8/5/2021 Planning Second reading of draft Zoning Ordinance Text
Amendment scheduled for 08/16/2022
49 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 8/5/2021
Economic
Development
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.
50 Ordinance to ban vaping in the City Montano 12/15/2020 Planning Study session with Council held 6/21/2022. Tobacco Retail Permitting program, including ban on vaping products
and flavored tobacco, will be brought forward in Spring 2023
51 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 10/19/2021 Planning
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
52 Requested staff work with the Vice Mayor and Mayor to explore and discuss building height limits near the
hillside by January 2022 Tran 9/21/2021 Planning
Second reading of draft Zoning Ordinance scheduled for
08/16/2022
53 Science, Technology, and Innovation Commission
agendize and explore a comprehensive internet
connectivity plan. Tran 5/3/2022
Information
Technology Item was discussed at June STI Commission meeting 54 Staff to look into creating “Welcome to Milpitas” signs in key areas of in the City Montano 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 Montano noted a preference for a location on
South Main Street. This project will be added to unfunded project list of the 2023-2027 CIP to allow time for staff to research potential grant funding and outreach to local
business and service clubs.
55 Staff to look into creating a rose garden with a children’s memorial site Montano 4/6/2021
Engineering,
Recreation
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; The funding for this
project will be included in the 2023-2027 Capital
Improvement Program scheduled for adoption on May 3,
2022. Discussed at the May 3 meeting funding was
reallocated to the Softball Field project
The Rose Garden item was
added to the 2023-27 Capital
Improvement Program as an
unfunded project per Council
Direction. Per Department 5-year
workplan shared with Council,
this project would start in FY24 if
funded and if staff vacancies are
filled.
465
Item # 17.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
AUGUST 16, 2022
No. Topic
Requested
By
Date
Requested Department / Office
Council Priority
Area(s) Status
Additional Resources/Funding
Needed or Deferral of Council
Approved Programs
56 Staff to provide information to place a measure on the ballot to change the directly elected Mayor to a
rotational at-large position Tran 3/16/2021 City Attorney 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; discussed at the May 10
budget meeting and had a consensus that they did not
want to move forward with a Mayoral ballot measure
57 Work with the school district to have a contest to create art murals for the pillars on Main Street Montano 9/7/2021 Recreation Approved to move forward at the 1/11/2022 Council
meeting; funding allocated to Great Mall Pkwy. VTA pillar murals
466
Item # 17.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
AUGUST 16, 2022
No. Topic
Requested
By
Date
Requested Department / Office
Council Priority
Area(s) Status
Additional Resources/Funding
Needed or Deferral of Council
Approved Programs
1 Consider policies to regulate automated equipment that would reduce jobs. Phan 4/19/2022
Planning, City
Attorney, Economic
Development
Additional Staff Resources
Needed; Deferral of other
programs and project required.
2 Explore an ordinance or policy to reduce thefts and
increase security in the commercial retail parking areas Chua 4/5/2022 Police, Economic
Development
Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources and
Funding Needed
3 Explore the policy for locking mechanisms on shopping carts for large commercial businesses Tran 4/19/2022
Bldg. Safety &
Housing, Planning,
Economic
Development
Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources and
Funding Needed
4 Apply for the "Better Cities for Pets" Certification Tran 6/21/2022 Recreation Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources
Needed; Deferral of other
programs and project required.
5 Explore the use of roundabouts as a traffic calming
mechanism Dominguez 4/19/2022 Engineering, Planning
Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources and
Funding Needed
6 Prepare Vision Zero Action Plan Tran 6/7/2022 Engineering, Police Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources and
Funding Needed
7 Establish a fund for real estate acquisitions Montano 6/7/2022 Economic
Development,
Finance
Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources
Needed
8 Memorial Plaque in honor of youth skateboarder that
passed away Montano 6/7/2022
Recreation, Public
Works
Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources and
Funding Needed
Group 1 – Items that have not been initiated; will require more than four hours of staff time; and may require additional funding or resources.
Ordinances and Policies
Projects and Programs
Miscellaneous
ATTACHMENT 2
467
Item # 17.
City Council Referral
(requires more than 4 hours of staff time)
Category and Topic No. Topic: Requested by:
ORDINANCES AND POLICIES
CC01
Consider policies to regulate automated
equipment that would reduce jobs.
Councilmember Phan
Lead Department/Office Supporting Department(s)/Office(s) Planning City Attorney’s Office, Economic Development
Council Priority Areas Estimated Completion Date Estimated Cost Economic Development & Job
Growth
December 2023 TBD
Funding Needed
TBD
Description of Required Work Effort
Staff would need to research this issue to understand the types of policies and programs being used by other local jurisdictions to address the perceived problem of automation/robots replacing people in jobs. Staff could prepare policy alternatives for Council consideration. Examples of programs set up to address automation include universal basic income, negative income tax, a government jobs guarantee, broadening the social safety net, or a so-called robot tax. Staff would need to explore the pros and cons of each program and determine which would be feasible and effective for Milpitas. A “robot tax” might be implementable at the local level, pending legal review, but could hamper efforts to attract high-tech jobs. There would be staff costs to set up and administer any new program, and there would be considerable costs associated with programs like universal basic income, government jobs guarantee, and expanding the social safety net. A “robot tax” would be more aligned with regulating automation; otherwise, any tax requires voter approval.
Status Update as of July 2022
Due to staff workload on other Council directed projects and programs, no work has been initiated on this task. If directed to proceed, staff anticipates it could start the work in FY23/24.
Council Clarification/Further Direction Requested
Does the Council have specific programs in mind to address this issue, or is this a request to develop a policy opposing the replacement of humans with automation/robots? Other Considerations
The scope and cost of this issue may be beyond the capacity of local government. A “robot tax” could generate revenue to offset the cost of regulation of automation but hamper the City’s efforts to attract high-tech companies. Could this be more effective through a regional effort?
468
Item # 17.
City Council Referral
(requires more than 4 hours of staff time)
Category and Topic No. Topic: Requested by:
ORDINANCES AND POLICIES
CC02
Explore an ordinance or policy to reduce
thefts and increase security in the
commercial retail parking areas
Councilmember Chua
Lead Department/Office Supporting Department(s)/Office(s) Police Department Economic Development
Council Priority Areas Estimated Completion Date Estimated Cost Public Safety and
Neighborhoods & Housing
October 2022 $4,000 to $6,000
Funding Needed
$0
Description of Required Work Effort
The Milpitas Police Department utilizes COMPSTAT (Computer Comparison Statistics) to better understand crime trends in the City and to adequately deploy resources to address issues. COMPSTAT data includes information on types of crimes, victims, times of day crimes took place and other details that allow the Police Department to identify emerging crime patterns. COMPSTAT data can be overlayed on a map to visualize crime “hotspots.”
The Police Department currently engages with business owners and respective employees in various ways including patrol officers and supervisors, specialized units, crime presentations, and community events. Officers frequently patrol shopping centers in their vehicles, on foot or on bicycle, when appropriate. Plain clothes detectives supplement uniform patrol officers in shopping centers that have emerging crime trends. Officers frequently engage the people they meet and share safety tips.
Detectives and officers assigned to the Police and Community Relations Division (PCR) share safety related information during criminal investigations and conduct training for businesses, when requested, and will continue the past tradition of making its annual presentation to the Milpitas Chamber. The Police Department also shares information via printed media, public service announcements, and through social media.
In addition to the ongoing efforts described above, the Police Department is continuously evaluating new ways to enhance community safety. The Department is continuing to research technology solutions that would allow immediate two-way communication with business owners either individually or as a group. The ability to share near real-time crime data within the business community would enhance the Police Departments response to crime and allow business owners to be cognizant of crime issues occurring at other businesses. An immediate notification would allow the business community to be alert; helping to deter additional crimes. Currently, this is accomplished through in-person peer-to-peer contact which results in delayed information sharing. Additionally, crime prevention data can be shared instantly with the business community.
469
Item # 17.
City Council Referral
(requires more than 4 hours of staff time)
The Police Department recently evaluated Autonomous Security Robots (ARS) as an option to supplement patrol efforts in commercial areas. Conceptually an ARS could provide real-time data to dispatchers and officers could be dispatched to investigate further. An ARS program is cost prohibitive and not recommended at this time.
To promote public safety in commercial retail parking areas, deter crime, and aide the Milpitas Police Department in responding to crime, the City could require all future commercial retail parking areas to install surveillance cameras in parking areas through the Conditional Use Permitting process. The City could also require that existing commercial retail parking areas be required to install surveillance cameras when site enhancements allow for modifications to existing Conditional Use Permits. This effort would require approximately 30 to 40 hours of staff time to explore whether other agencies in the Bay Area have required the installation of surveillance cameras and the measurable success of any such programs. Then, staff would return to Council with its initial assessment including an initial legal review for further direction.
Status Update as of July 2022
Council Clarification/Further Direction Requested
Other Considerations
470
Item # 17.
City Council Referral
(requires more than 4 hours of staff time)
Category and Topic No. Topic: Requested by:
ORDINANCES AND POLICIES
CC03
Explore the policy for locking mechanisms
on shopping carts for large commercial
businesses
Mayor Tran
Lead Department/Office Supporting Department(s)/Office(s) Building Safety & Housing Planning and Economic Development Council Priority Areas Estimated Completion Date Estimated Cost Neighborhoods & Housing and
Economic Development & Job
Growth
1st Quarter of 2023 $5,000
Funding Needed
No additional funding
needed.
Description of Required Work Effort
Title V, Chapter 13 of the City’s Municipal Code titled “Shopping Cart Removal, Impoundment and Disposal” finds that abandoned shopping carts constitute a nuisance, create potential hazards to the health and safety of the public, and interfere with pedestrian and vehicular traffic within the City of Milpitas. The intent of this Chapter is to ensure that measures are taken by store owners to prevent the removal of shopping carts from store premises and parking lots and to facilitate the retrieval of abandoned carts as permitted by State law.
Paragraph V-13-140(c) requires that specific measures shall be implemented to prevent cart removal from the business premises such as disabling devices on all carts, security guards, security deposits for use of all carts, or the rental or sale of carts that can be temporarily or permanently used for transport of purchases. However, business premises are exempt from these measures if an owner enters into a contract with a shopping cart retrieval service.
In response to this referral, staff would research other jurisdiction’s locking / disabling device policies and ordinances and conduct research for various types of locking devices currently on the market.
After legal review, as necessary, staff would bring back its findings to the City Council for further direction.
It is expected that this effort will require about 40 hours of staff estimated to cost $5,000.
Status Update as of July 2022
No action taken
Council Clarification/Further Direction Requested
471
Item # 17.
City Council Referral
(requires more than 4 hours of staff time)
Other Considerations
Explore methods of impoundment and disposal of abandoned carts such as use of a Redemption Fee.
This fee would be established by Council resolution and include actual cost of storage of any cart or parts thereof, plus the proportional share of administrative costs in connection therewith. After 30 days if not retrieved, the City can dispose of the carts. Even if the carts remain unclaimed, or are disposed of, the City reserves the right to collect the redemption fee from the cart owner. Mountain View uses this as motivation for owners to provide whatever deterrent necessary to keep their carts on site.
472
Item # 17.
City Council Referral
(requires more than 4 hours of staff time)
Category and Topic No. Topic: Requested by:
PROJECTS AND PROGRAMS
CC04
City Staff to apply for “Better Cities for
Pets” Certification
Mayor Tran
Lead Department/Office Supporting Department(s)/Office(s) Recreation Economic Development and Building Safety & Housing Council Priority Areas Estimated Completion Date Estimated Cost Community Wellness & Open
Space and Environment
March 2023 $3,500
Funding Needed
$0
Description of Required Work Effort
Staff will need to complete an initial assessment through the Better Cities for Pets website. The assessment covers area topics including animal shelters and programs in the city, pet friendly housing, pet friendly businesses and pet friendly open spaces. A fair amount of research into non-city operated assessment areas is required to complete the required initial assessment. Also, as part of the assessment a Top Pet-Related Priority Project needs to be identified whose goal is to increase pet- friendliness in the city. This topic is estimated to take approximately 20 hours of staff time at an estimated total of $3,500, not including work on a future Top Pet-Related Priority Project, which according to the initial assessment packet could be launched and completed in a later Fiscal Year.
Status Update as of July 2022
Staff reviewed the Better Cities for Pets Assessment questions and Top Pet-Related Priority Project areas identified. Staff also reviewed the website for other cities in the Bay Area who have the Certification, with the only two cities listed as Oakland and Dublin.
Council Clarification/Further Direction Requested
Other Considerations
473
Item # 17.
City Council Referral
(requires more than 4 hours of staff time)
Category and Topic No. Topic: Requested by:
PROJECTS AND PROGRAMS
CC05
Explore the use of roundabouts as a traffic
calming mechanism
Councilmember Dominguez
Lead Department/Office Supporting Department(s)/Office(s) Engineering
Council Priority Areas Estimated Completion Date Estimated Cost Transportation & Transit
TBD $830,000 to $1,850,000
Funding Needed
$830,000 to $1,850,000
Description of Required Work Effort
Roundabouts are an alternative to traffic signals and stop signs. A roundabout is an intersection where traffic travels around a central island in a counterclockwise direction. Vehicles entering or exiting the roundabout must yield to vehicles, bicyclists, and pedestrians. Roundabouts provide traffic calming, resulting in reduced speeds, and the median islands provide refuge for pedestrians, allowing them to cross one direction of traffic at a time.
Traffic roundabouts have larger footprints and require additional right-of-way (land) for installation beyond what is needed for traditional intersections with traffic signals and stop signs. Not all intersection locations may be suitable or feasible for roundabout installation due to topography and the ability to acquire the additional land area required. Intersections with highly unbalanced traffic flows (very high traffic volume on the main street and very light traffic on the side street) may not be an ideal candidate for a roundabout. The same is true for isolated intersections in a network of traffic signals.
Other disadvantages of a roundabout include driver uncertainty about yielding, too many merge points, and drivers may tend to ‘cut’ the roundabout by turning left instead of following the counterclockwise direction of travel which creates a new unintended hazard.
If the City Council is interested in exploring roundabouts, staff would identify a pilot intersection and include this referral for funding in the 2024-2028 Proposed Capital Improvement Program. The funding for a pilot intersection would be for design services, purchase of additional right-of-way from property owners adjacent to the intersection, if applicable, and for construction. The initial effort to identify a feasible intersection for a roundabout as a pilot project is estimated at $300,000 for consulting design services. Staff administration costs are estimated to be between $30,000 to $50,000 for this project, and 150-250 hours of time. Once a suitable intersection is determined, there will be costs associated with the purchase of land for the roundabout and construction costs for installation. Land and construction costs are roughly estimated to be between $500,000 to $1,500,000.
474
Item # 17.
City Council Referral
(requires more than 4 hours of staff time)
If the City Council approves this referral, staff recommends bringing the referral back for Council consideration as part of the development of the 2024-2028 Capital Improvement Program (CIP) for the 2024-2028 Proposed CIP Study Session.
Status Update as of July 2022
Council Clarification/Further Direction Requested
Other Considerations
The City previously tried a pilot roundabout project at select intersections without acquiring the additional right of way in the early 2000s. It was discovered these created additional traffic problems, driver confusion, and VTA buses could not negotiate the intersection requiring the program to be scrapped.
475
Item # 17.
City Council Referral
(requires more than 4 hours of staff time)
Category and Topic No. Topic: Requested by:
PROJECTS AND PROGRAMS
CC06
Prepare Vision Zero Action Plan Mayor Tran
Lead Department/Office Supporting Department(s)/Office(s) Engineering Police
Council Priority Areas Estimated Completion Date Estimated Cost Transportation & Transit and
Public Safety
FY 2025-26 $550,000 of one-time cost for
consultant services and the addition
of one FTE Engineering Position
estimated at $250,000*
Funding Needed
$550,000 of one-time cost for
consultant services and the addition
of one FTE Engineering Position
estimated at $250,000*
Description of Required Work Effort
Vision Zero is a sustained, systematic, and data-driven program with the purpose of eliminating traffic fatalities and serious injuries. Vision Zero is based on the concept of shared responsibility for roadway safety. The Vision Zero program (Program) has four key components: traffic safety improvement, enforcement of traffic laws, public outreach and traffic safety education, and ongoing monitoring and evaluation of traffic injury data for the purpose of prioritizing corrective actions.
Currently, the City’s Engineering and Police Departments provide traffic safety improvement and enforcement of traffic laws which are components of Vision Zero strategy, and this is accomplished with current staffing levels and budget. For example, Engineering is managing two Projects: Citywide Safety Assessment, Project No. 4293, and the Citywide Traffic Modeling Project No. 4297. These Projects identify traffic and congestion patterns as well as safety mitigation strategies. Recommended improvements from these Projects will be programmed into future Capital Improvement Programs (CIP).
The Police Department uses a three-prong approach towards traffic safety. This includes prevention, deterrence, and enforcement of traffic violations. Prevention programs include community education.
The Police Community Relations Unit provides traffic safety presentations to schools within the City upon request and has previously provided bicycle helmets to children to reduce critical injuries if an accident does occur. The Milpitas Police Department Traffic Safety Unit also provides education in addition to enforcement. Traffic safety messages are distributed to the community during presentations and through social media. Grant funding from the Office of Traffic Safety (OTS) is used to conduct traffic safety education presentations to youth and adult community members, to conduct 476
Item # 17.
City Council Referral
(requires more than 4 hours of staff time)
seatbelt and child safety seat enforcement, to crosswalk/pedestrian enforcement, to conduct traffic enforcement in areas of increased collisions, to conduct increased enforcement for speeding, red light and stop sign violations. The Milpitas Police Department refers to these measures generally as traffic safety education.
The Police Department deters the public from using unsafe driving practices by having a visible presence in the community and the deployment of radar trailer in areas particularly prone to bad driving habits and accidents.
Patrol Officers and Traffic Safety Officers conduct traffic enforcement as part of their daily duties. The Milpitas Police Department uses data analysis to identify areas with a high frequency of violations and accidents. Traffic Safety Officers are regularly deployed in these areas for directed enforcement. The Police Department also participates in Countywide Multi-Agency Traffic Enforcement events. During these events, Traffic Safety Officers within the region gather in a particular jurisdiction to conduct enforcement.
Vision Zero Plan Development and Implementation
The first step of the Program is to establish a Plan, as requested in this referral. However, staff assumes that the City Council’s intent is to also implement the Plan. In order to ensure continuity of developing and implementing the Plan, the Transportation & Traffic Section in Engineering would require the addition of one FTE. This position would establish the Vision Zero Task Force (Task Force), which would be crucial to provide input in the Plan development, and work with a Consultant to develop the Plan with input from internal and external stakeholders.
The Task Force would be comprised of several departments (Engineering, Public Works, Police), the Milpitas Unified School District (MUSD); local health providers; and other Milpitas Community stakeholders that would focus on the four key program components and develop solutions inclusive of community needs to eliminate serious traffic injuries and deaths.
After Council approval of the Plan, this position would coordinate and work with the Task Force, lead the citywide implementation of the programs outlined in the Plan working with internal and external stakeholders, and support Plan implementation including the required ongoing collection and evaluation traffic related data as well as ongoing public outreach and education activities. Further, once the Plan is approved by the Council, staffing needs in other departments would have to be evaluated.
Vision Zero Program Estimated Costs
The initial Project cost is estimated to be $550,000 for the consultant and City administration as determined through recent discussions with a consultant. Implementation of a Vision Zero Plan also requires funding for ongoing costs and $250,000 for the staff person assigned to guide the 477
Item # 17.
City Council Referral
(requires more than 4 hours of staff time)
development and implementation of the Plan Program. Additionally, once Council approves the Plan, staffing resources in other departments may have to be evaluated.
If the City Council approves this referral, staff recommends bringing the referral back for Council consideration as part of the development of the FY 2023-24 budget for the FY 2023-24 Preliminary Budget Study Session and the 2024-2028 Capital Improvement Program (CIP) for the 2024-2028 Proposed CIP Study Session.
Status Update as of July 2022
Not Started as current workload and staffing level within the Transportation and Traffic Engineering Section would not permit starting a Vision Zero effort at this time.
Council Clarification/Further Direction Requested
Other Considerations
A successful Vision Zero strategy is a time and resource-intensive program and is not a one-time effort.
The program involves the ongoing active monitoring and evaluation of traffic and accident-related data which would be provided to a new Vision Zero Task Force to develop policies, actions, and improvements supported by the community through outreach and education efforts. Currently, the Engineering Department does not have staffing levels that would permit a person to be committed to the development and implementation of a Vision Zero Plan. * Does not include costs for infrastructure improvements or staffing needs potentially identified in the Plan 478
Item # 17.
City Council Referral
(requires more than 4 hours of staff time)
Category and Topic No. Topic: Requested by:
MISCELLANEOUS
CC07
Establish a Strategic Property Acquisition
Revenue (SPAR) fund for Real Estate
Opportunities
Vice Mayor Montano
Lead Department/Office Supporting Department(s)/Office(s) Economic Development Finance
Council Priority Areas Estimated Completion Date Estimated Cost Economic Development & Job
Growth and Governance &
Administration
TBD TBD
Funding Needed
TBD
Description of Required Work Effort
Per the City Council adopted Economic Development Strategy (May 5, 2020), Strategy 32.1. states to “Identify Funding Options for Strategic Property Acquisition Revenue (SPAR) Fund, Develop, and Adopt SPAR Fund.” In addition, the City Council adopted the General Plan 2040 on March 9, 2021, and Action ED-2a affirms staff to “Establish a Strategic Property Acquisition Revenue (SPAR) fund to support land acquisition, development and long-term revenue opportunities.”
The SPAR fund would enable the City of Milpitas to leverage ongoing revenues and strategically acquire and assemble land in the Gateway/Main Street Specific Plan and Milpitas Metro Specific Plan areas to achieve the City’s economic development goals, investment, and growth opportunities.
The SPAR Fund would be a unique account established by the City to specifically move on available real estate opportunities quickly.
The acquisition of properties in key locations within priority development areas will play a critical role in the early operation of the SPAR Fund for site assembly and public/private partnerships. The cost of acquisition for an acre of land in Milpitas ranges approximately from $4-$5 million. Seed funding for this fund could come from the City’s surplus revenues. For example, an annual budget allocation of $500,000 from surplus revenues over a period of 10 years, assuming ongoing appreciation of land values, would be needed to allow the City to purchase an acre of land in the future. Allocating $1 million annually, would fund the SPAR fund within 5 years.
If the City Council approves this referral, staff recommends bringing the referral back for Council consideration as part of the development of the FY 2023-24 budget for the FY 2023-24 Preliminary Budget Study Session.
Status Update as of July 2022
As part of the Gateway/Main Street Specific Plan, subconsultant BAE will explore SPAR fund opportunities within this program area. In addition, BAE will evaluate the portfolio of City-owned 479
Item # 17.
City Council Referral
(requires more than 4 hours of staff time)
properties and estimate revenue generation potential, any required initial investment, and timing of potential revenue. Using market data, as well as information from recently commissioned City appraisals, BAE will prepare a matrix that shows each property’s highest and best use, permitted uses, AB 1486 Surplus Public Lands Act applicability, property values, potential lease income, and disposition strategy options to generate one-time or ongoing revenue that can flow to the SPAR fund. Cost to operate the SPAR fund will be formulated through conferring with City staff. The result will be BAE preparing a draft and final technical memo with the data, analysis, and findings.
Council Clarification/Further Direction Requested
Since the City Council has already adopted the Economic Development Strategy and General Plan 2040, which calls for identifying funding options and establishing a SPAR fund, staff is seeking additional direction on the following:
Should staff bring back a discussion during the budget process on the specifics of the amount, timing, and mechanism to establish and maintain a SPAR fund on an ongoing basis? Should the SPAR fund be used to lead the development of opportunity areas through site assembly and public/private partnerships as well as ground leases for long-term revenue sources?
Other Considerations
Once established, the SPAR fund may be financed on an ongoing basis through General Fund surpluses.
Leasing real property serves several purposes: (1) preserve the value of an asset while having a tenant assume the costs of maintenance, (2) promote economic development, social goals, and other City objectives, and (3) generate revenue to the City through rent and a portion of possessory interest taxes.
One of the downside risks is that return on investment (ROI) may take a while given the estimated amount needed to purchase real property and increasing property values in Milpitas.
480
Item # 17.
City Council Referral
(requires more than 4 hours of staff time)
Category and Topic No. Topic: Requested by:
MISCELLANEOUS
CC08
Memorial Plaque in honor of youth
skateboarder that passed away
Vice Mayor Montano
Lead Department/Office Supporting Department(s)/Office(s) Recreation & Community
Services
Public Works
Council Priority Areas Estimated Completion Date Estimated Cost Community Wellness & Open
Space
June 2022 $10,000
Funding Needed
$4,000
Description of Required Work Effort
Staff will need to identify and reach out to the family on the youth skateboarder and permission to install a memorial plaque for their son. Once permission is obtained, staff would need to coordinate the best and safe location for a plaque, size and wording, contract for the pouring of a concrete base, order the plaque and have it installed. After the installation of a memorial plaque, an unveiling for the family and the public is typically planned. This effort includes further coordination with the family, marketing collateral creation, and outreach to the public. This item would require an estimated 30 hours of staff time of approximately $6,000, and estimated supplies and material costs of $4,000.
Status Update as of July 2022
Staff reached out to Skatepark contacts as to the possible identity of the youth skateboarder.
Information staff received was that the skater who passed away in October 2018 after a skating accident on Old Calaveras Rd. was 24 years of age. The family placed a memorial bench in his honor at the ranch (private property) at the accident site, following his passing.
Council Clarification/Further Direction Requested
Other Considerations
The Skatepark opened in October 2020 and has since held several successful Skate Events at the site.
An alternative to the installation of a memorial plaque would be dedicating a future skating event to the resident skater that passed away, where friends and family would work with staff to incorporate elements of the event that would celebrate the loved one.
481
Item # 17.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
AUGUST 16, 2022
No. Topic Requested By Date Requested
Requires more
than 4 hours of
additional staff
time Department/ Office Status
1 Add Green Bike Lanes Tran, Montano 9/17/2019 N/A Engineering Included in CIP 2 Adopt Resolution similar to County's re: xenophobia, discrimination Dominguez 4/21/2020 N/A CMO, CAO Added to the consent calendar and adopted Resolution on 5/5/2020 3 BMR Homes sub-lease option during COVID-19 Chua 1/19/2021 No CAO, Building &
Housing Info Memo sent on 4/26/2021
4 Bring back update report & discuss status of playing fields for girls' softball in Milpitas Dominguez 10/20/2020 N/A CMO, Recreation Discussed on 02/11/2021, amended JUA for Russell approved on 6/15/2021 5 Celebrate Mexican Independence Day annually on September 16 Montano 6/2/2020 N/A Recreation Approved on consent 8/18/2020 6 Community Theatre, perhaps with MUSD Nuñez, Phan 8/20/2019 N/A Recreation, CMO Discussed @ CIP Study Session on 4/14/2020; councilmembers asked outdoor amphitheater to be placed into the tail end of 5 year CIP 7 Community Workforce Agreement (PLA) Phan 2/18/2020 Yes
CMO, CAO,
Engineering
Council voted to remove this item from the list on 2/02/2021 per CM Phan's request
8 Consider adding state certification NEC for electrical work done in the City (safety) Dominguez 6/30/2020 N/A Building & Housing Not needed, staff is certified 9 Consider change in Commission structure, on term limits Tran 12/15/2020 N/A Recreation, CMO Completed on 1/19/2021 10 Consider Community Museum and Park on Main St. Phan 8/20/2019 N/A CMO To be considered as part of Specific Plan process 11 Consider naming "Milpitas Hills" Dominguez 10/20/2020 Yes Econ. Dev.
Deferred indefinitely on 2/02/2021; did not receive a majority vote from 2/02/2021 council meeting
12 Consider satellite consular offices (post Covid) Montano 6/2/2020 Yes CMO Deferred indefinitely per VM Montano's request on 2/02/2021 council meeting 13 Discuss a "safety first" or other event in lieu of National Night Out (per CAC) Phan 10/20/2020 Yes Building & Housing, Police Remove from the list per CM Phan's request on 2/02/2021 council meeting 14 Discuss budget reductions in next FY with input from residents, employees Nuñez 10/6/2020 N/A Finance, CMO On 10/20/2020, to 11/10, 11/17 15 Discuss having 4th of July parade Nuñez 2/18/2020 N/A Recreation No longer under discussion 16 Discuss potential litigation - re: govts' action on Jamboree-Project Homekey Tran 10/6/2020 N/A Building & Housing, CMO,
CAO Multiple Closed Sessions - Oct. 2020
17 Discussion of campaign finance reform and/or Open Government Ordinance Phan 6/30/2020 N/A City Clerk, CAO Withdrawn @ 8/4/2020 CC meeting 18 Discussion of Minute Man as City's image, when City branding comes back Phan 8/18/2020 N/A CMO Staff and consultant presented the item on 5/4/2021, due to the late hour it was deferred to a future meeting. Council provided input that the Minute Man discussion will not be pursued further.
19 Discussion on possible tax measures Tran, Phan 4/21/2020 N/A Finance Done on 5/15/2020 20 Discussion/staff report on Beautify Milpitas, graffiti abatement, resources Montano 6/30/2020 Yes CMO, PW City Council approved the Beautify Milpitas program on June 1, 2021 21 Economic Development Corporation (EDC) Montano
12/15/2020,
01/05/2021,
01/19/2021,
01/26/2021 Yes CMO, Econ. Dev. Deferred on 4/20/2021
22 Emergency item for next agenda: extend tenant eviction protections Dominguez 6/16/2020 N/A Building & Housing, CAO Withdrawn, covered by other govt 23 Emergency request to cap rents on small businesses (tenants) in Milpitas Dominguez 10/6/2020 N/A Econ. Dev., CAO On 12/01/20. Not supported 24 Establish "ADU Mondays" Chua 1/5/2021 No
Building & Housing,
Planning Launched in March 2021
25 Establish a Day Worker Program Montano 6/16/2020 Yes CMO Mayor & Vice Mayor to brainstorm in future; Council voted to remove this item from the list on 2/02/2021 per VM Montano's request
26 Establish Milpitas coronavirus testing site Phan 4/7/2020 N/A FCMO, Fire, CAO Completed 27 Expedite process for Measure F Oversight Committee Chua 12/15/2020 N/A Finance Staff explained planned process, appts. were approved by Council in March 2021 28 Form "Beautify Milpitas" subcommittee - for a future Task Force or Commission Chua 12/15/2020 Yes CMO, PW Council approved the Beautify Milpitas program on June 1, 2021. No subcommittee to be formed.
29 Form a Historical Commission Montano 6/2/2020 N/A Recreation, CMO Already part of PRCRC. Commission discussed on 01-05- 2021, no change 30 Form a Homelessness Task Force Tran 12/15/2020 N/A CMO Approved by Council on 1/5/21 31 Info. on new SB 50 (housing, transit bill) Phan 1/7/2020 N/A Building & Housing Sent memo to City Council 32 List of city charges/costs that could be waived for small businesses Dominguez 6/16/2020 N/A Finance, Econ. Dev. 6/30/2020 info memo 33 Maintain Dagupan, P.I. as a Sister City Tran, Montano 9/17/2019 N/A CMO Approved the renewed MOU continuing the Sister City relationship on 12/17/2019 34 Mayor shall recommend a Milpitas resident to serve on VTA Bike Committee Dominguez 11/17/2020 N/A Engineering 12/15/20: resident Kristal Caidoy appointed to VTA BPAC Group 4 – items that have been completed, deferred, or withdrawn ATTACHMENT 3
482
Item # 17.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
AUGUST 16, 2022
No. Topic Requested By Date Requested
Requires more
than 4 hours of
additional staff
time Department/ Office Status
Group 4 – items that have been completed, deferred, or withdrawn 35 No on possible ban on vaping, yes on restricting smoking in multi-unit bldgs Montano 1/7/2020 Yes Planning, Recreation, CAO Ordinance for multi-unit buildings adopted on 6/15/2021 36 Opportunity to share ideas for US census & on City "sponsored" events Dominguez 9/1/2020 N/A CMO 12/01: remove census topic, move events to CC retreat 2021; at 1/12 retreat Council direction to cease
37 Parade for MHS Trojans Football Tran, City Manager 1/21/2020 N/A Council 1/28/2020 38 Performance Evaluation (Contract) of City Attorney Tran 1/5/2021 N/A Council, CAO Multiple Council closed session discussions held. Council voted to move to a full time in- house City Attorney on 6/21, additional direction on next steps to be provided to staff in August.
39 PG&E power outage plan presentation to Council Tran 1/19/2021 No CMO Presented to Council on 3/16/2021 40 Plan to put utility fines into a fund to help small businesses in the City Montano 12/15/2020 N/A Finance Directed staff on 2/02/2021 to approve policy recommendations temporarily suspending penalties for delinquent fire permit fees, and delay or waive business lic. tax collections but no direction to create a separate fund. On 2/16/2021 Council approved waiving business license penalty between Jan 1 - May 31, 2021. Also, the utility late fee and water shut off have been suspended consistent with State Emergency Order (through Sept 31, 2021). Also, Council allocated ARPA funds to assist small businesses. 41 Policy for Proclamations and Commendations Nuñez, Phan 8/20/2019 N/A CMO Withdrawn 6/2/2020 42 Policy for Social Media Nuñez, Phan 8/20/2019 N/A CMO, CAO Withdrawn 6/2/2020; policy already approved by Council 43 Pollination protection Dominguez 1/5/2021 Yes CMO Deferred on 2/02/2021; did not receive a majority vote on 2/02/2021 council meeting 44 Postponement (not waiver) of penalties related to City business fees Tran 1/5/2021 N/A Finance On 2/16/2021 Council approved waiving penalties until May 31. The suspension of penalties is now no longer in effect.
45 Proclamation and support for face coverings Montano 4/7/2020 N/A CMO, CAO 4/21/2020. CC directed City Manager to issue regs 46 Propose building height limits in area east of Milpitas Blvd. Tran 12/15/2020 Yes Planning Deferred for one year from 2/02/2021 Council meeting 47 Read "Code of Conduct" aloud prior to each City Council meeting Montano 6/2/2020 N/A CAO Approved 8/18/2020. City Attorney began this practice 9/01/20 48 Rename Augustine Park to include "Sunnyhills" Tran, Montano 9/17/2019 N/A Recreation Approved on 2/4/2020 49 Rename portion of Dixon Landing Rd., as Barack Obama Boulevard Nuñez, Phan 8/20/2019 N/A Planning, CMO Deferred indefinitely 50 Report from staff on 2nd federal stimulus package - action plan on funds Chua 12/15/2020 N/A CMO, Finance Info Memo sent to Council on 12/23/2020 51 Report on parking in The Pines Nuñez 1/7/2020 N/A Engineering 2/18/2020 52 Report on speed cameras like Fremont (radar displays) - no enforcement Phan 1/7/2020 N/A Police 1/28/2020, 3/24/2020, 4/14/2020 53 Request for Dumpster Days Tran 1/7/2020 N/A PW Program initiated in Spring 2021 54 Resolution in support of elimination of discrimination v. women Dominguez 1/7/2020 N/A CMO, CAO 5/19/2020 Reso. Adopted 8/04/2020 Ord. adopted 55 Resolution on financial status of the City, steps to be taken Nuñez 8/18/2020 N/A Finance Resolution adopted 9/01/2020 56 Responsible Construction Ordinance Phan 2/4/2020 N/A CAO, Building & Housing Ordinance adopted on 02/02/2021 57 Revise Community Garden Strategy Dominguez 1/5/2021 Yes Recreation Deferred on 2/02/2021; did not receive a majority vote on 2/02/2021 58 Revisit CC Housing Subcommittee, consider dismantling ; bring items to Council Dominguez 11/10/2020 N/A Building & Housing, CMO 12/01/20: Did not vote to eliminate Subcommittee 59 Revisit contract provisions of executive staff (CM + CA) best working environment Phan 11/10/2020 N/A Council, CMO, CAO Discussed @ Closed Session 11/17/2020 60 Schedule and host a "Milpitas Business Expo" in late 2021 Chua 12/15/2020 Yes Econ. Dev. Did not receive a majority vote from 2/02/2021 council meeting 61 Street/traffic calming update Nuñez 1/7/2020 N/A Engineering 3/3/2020 62 Support community distribution of masks Dominguez 4/7/2020 N/A CMO, Fire, Recreation Councilmembers supported at the 4/21/2020 Special Council meeting 63 Support for Laura's Law Phan 2/4/2020 N/A CMO, CAO Supported @ 5/19/2020 council meeting 64 Update "My Milpitas" App for COVID- 19 information Phan 1/5/2021 N/A PW, IT Updated App to provide links 65 Update on planning grant for ADU marketing. Chua 1/5/2021 No Planning Presented to Council on 4/06/2021 66 Update on trash problems in homeless camps Chua 1/19/2021 No PW Info Memo sent 1/24/2021 67 Vaccine distribution plan - add testing locations and expedite mass vaccine distribution Phan 1/19/2021 Yes CMO, Fire COVID-19 mobile testing transition to vaccine distribution info memo was sent on 1/22/2021; SCC and MFD launched mobile vaccination on 4/5/2021, in-home vaccination program started on 4/15/2021
68 Vote on County 2020-2025 Plan to end Homelessness Dominguez 11/17/2020 N/A CAO, CMO 12/1/20 adopted Resolution in support 69 Amend Accessory Dwelling Units (ADU) ordinance to address unpermitted ADUs Chua 1/5/2021 Yes Building Safety & Housing,
Planning
Safe ADU Legalization Program is launched on 3/24/2022, utilizing ARPA funding. No Ordinance amendment is necessary.
483
Item # 17.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
AUGUST 16, 2022
No. Topic Requested By Date Requested
Requires more
than 4 hours of
additional staff
time Department/ Office Status
Group 4 – items that have been completed, deferred, or withdrawn 70 Amend Ordinance to remove affordable housing in-lieu fee Chua 12/15/2020 Yes Building Safety & Housing,
CAO Amended Affordable Housing Ordinance adopted on 2/1/2022. 71 Below Market Rate (BMR) units - process for selecting applicants Chua 10/19/2021 Yes Building Safety and Housing,
CAO Info Memo sent to Council on 1/14/2022 and 3/17/2022. 72 Consider rescinding direction given on 1355 California Circle project and allow the project application to move forward without being tied to a specific plan (Original request was for item to be placed on November 2 agenda) Chua 10/19/2021 Planning, CAO Staff is working with the developer on options to move the project forward. 73 Consider "Old Town" Main St. revitalization, funding, economic dev., improve area Montano 12/15/2020 Yes CMO, Planning, Engineering,
Finance
Council provided direction to move forward with revitalization efforts on May 11, 2021. Staff is working on various items related to revitalization and have provided subsequent updates to the Council in October and to the Main Street Revitalization Subcommittee in September and November.
74 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 8/17/2021 No
Information Technology,
Public Works "Incentive Corner" webpage is live on the City's website. Banner posted on 3/28/2022. 75 Donate old, obsolete, noncompliance items from the Fire Department to Sister City Dagupan Philippines Chua 8/9/2021 Yes Fire, CAO, Finance
Council approved the resolution for donations of personal protective equipment on March 1, 2022 and staff implemented the program by the end of March. 76 Extend the outdoor dining options through March of next year Phan 9/21/2021 No Planning Planning Director to provide information on current outdoor dining extension 77 Fee waiver for the Chamber of Commerce for either the Oktoberfest or Arts and wine Festival Montano 3/1/2022 Yes Recreation Staff reached out to the Chamber of Commerce. The Chamber may seek a fee waiver next fiscal year.
78 Fee waiver for the Christian Worship Center's Easter Egg Hunt event Tran 3/1/2022 Recreation The City Council approved a fee waiver for this event on April 5, 2022. 79 Fee waiver for the Kiwanis Annual Crab Feed event Tran 3/1/2022 Recreation Approved at the 3/15/2022 Council Meeting 80 Guide small businesses on ADA (Americans with Disabilities Act) requirements due to the quick changes made to facilities during the pandemic Chua 8/5/2021 No Economic Development 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. 81 Host a Townhall at City Hall in January, February, and March for the community to share comments about the issue of the unhoused Tran 11/2/2021 Yes CMO, CAO, Police, Public
Works Deferred by Mayor Tran because of public health status 82 Illegal dumping Phan 10/5/2021 Yes Public Works Info Memo sent to Council on 2/25/2022 83 Incorporate a Press Release Policy (if there is an existing policy) in the City Council Handbook Tran 8/17/2021 Yes CMO, CAO The City Council Handbook was adopted at the Jan. 11, 2022 City Council meeting. 84 Increase number of commission members from seven to nine on the Parks, Recreation and Cultural Resources Commission Montano 10/5/2021 Yes CMO, Recreation, City Clerk Council approved Bylaw changes at the April 19 Council meeting 85 Increase the City's rebate program to match
Valley Water's two dollars rebate increase and look into expanding the "Lawn Buster" program to more residents based on income Chua 6/15/2021 Yes Public Works On October 19, 2021, the Council approved a contract amendment with the Santa Clara Valley Water District (District) to match the District's rebate amount and to authorize the City to manage the "Lawn Buster" program with "Our City Forest" on behalf of the District. On December 14, 2021, Council approved a contract with "Our City Forest." 86 Increase the number of local businesses doing business with the City Chua 4/6/2021 Yes CMO, Economic
Development, Finance
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. 87 Job fair with 20 local businesses to be held soon and an additional one in the fall with the Chamber taking a larger role and the City providing some support Chua 6/1/2021 Yes Economic Development 88 Look into reducing rates for the seniors and low-income families for Sports Center activities Montano 2/1/2022 Yes Recreation, Finance The FY2021-22 Adopted Fee Schedule includes discounted membership and fitness passes for Seniors; low-income families can apply for membership and fitness pass discounts through the Milpitas Assistance Program
89 Memorialize those that have passed due to COVID-19 in Milpitas Dominguez 3/2/2021 Yes CMO, Recreation At 8/9/2021, Council provided input that COVID-19 had not yet passed and that the discussion about a memorial should be had at a future time.
90 Mini-libraries in the low-income areas of the City Montano 4/20/2021 Yes Planning Discussed on 8/9/2021, 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.
91 Outreach to notify the community of the trash voucher program Chua 9/7/2021 No Public Works Staff provided an Information Memorandum regarding the pilot program on April 6, 2022. 92 Proclaim Saturday, March 19, 2022 as Chez the Ice Cream Man Appreciation Day Tran 3/1/2022 No City Clerk Proclaimed at the 3/15/2022 Council Meeting 93 Provide Commissioners appreciation gifts Chua 10/19/2021 Yes CMO, Finance Staff placed the order of fleece jackets the week of March 14th. Depending on the stock, the appreciation gifts will be distributed during the first two weeks in April 2022. 484
Item # 17.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
AUGUST 16, 2022
No. Topic Requested By Date Requested
Requires more
than 4 hours of
additional staff
time Department/ Office Status
Group 4 – items that have been completed, deferred, or withdrawn 94 Reduce the park rental fees for the Samuel Ayer High School reunion Montano 2/1/2022 No Recreation Approved at 3/15/2022 Council meeting. Info Memo on City Council Policy on Fee Waivers & Reductions was sent out on 3/8/2022
95 Reduce the City’s Senior Center facilities deposit for the Auditorium/Community Room Montano 5/4/2021 Yes Recreation, Finance Council approved the reduction of the facilities deposit as part of the adoption of the FY 2022- 23 Master Fee Schedule Resolution. Will be brought forward on 4/19 as part of Master Fee Schedule discussion.
96 Requested a meeting for the subcommittee for the Old Town Main Street be scheduled next month Montano 1/18/2022 No CMO The Subcommittee meeting was hed on April 12 at 4:30pm. 97 Requested discussion and for 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 Chua
11/16/2021
1/18/2022 Yes
CMO, Recreation,
Engineering, Public Works City Council approved the pilot on 3/15/2022 98 Require implicit bias training for City Council, Commissioners & staff Dominguez 6/16/2020 N/A Human Resources This item has been completed. The training was held on January 7, 2022 (for City Council) and various dates for staff. Training information was also sent to all Commissioners. 485
Item # 17.