REGULAR MEETING OF THE MILPITAS
CITY COUNCIL
August 16, 2022 Milpitas City Council Agenda Page 1
AG E N D A
TUESDAY, AUGUST 16, 2022
CITY COUNCIL CHAMBERS, 455 E CALAVERAS BLVD, MILPITAS, CA 7:00 PM (PUBLIC BUSINESS)
For assistance in the following languages, you may call:
Đối với Việt Nam, gọi 408-586-2400
Para sa Tagalog, tumawag sa 408-586-3051
Para español, llame 408-586-3072
The City Council meeting is held in the City Council Chamber at City Hall, 455 E. Calaveras Blvd., Milpitas and via teleconference/Zoom webinar.
You may watch the Council meeting without providing public comment by accessing it via links here.
Meeting shall be livestreamed - Go to:
Facebook: https://www.facebook.com/CityofMilpitas/
YouTube: https://www.ci.milpitas.ca.gov/youtube
Web Streaming: https://www.ci.milpitas.ca.gov/webstreaming
PUBLIC COMMENT INSTRUCTIONS
Oral public comments may be provided live during the City Council meeting in person or by registering for the zoom meeting in advance. To register you will need to provide an email address (not disclosed) and a name. To minimize technical difficulties, please make sure that you have the latest version of the Zoom Application. Below is the link to register for this meeting only:
https://ci-milpitas-ca-gov.zoom.us/webinar/register/WN_QeFytPA7TlKsHIob5AzmyQ After you register a link will be sent to you to join the City Council meeting in order to give your comments.
All registered meeting attendees who wish to speak must click on the “raise hand” icon when the Mayor calls for public comments. If participating by calling in on your phone, dial *9 to use the “raise hand” feature, and when you are called upon, hit *6 to unmute your phone. Your phone number will be displayed in the live meeting. The Mayor will call the speakers to begin.
All comments provided shall be limited to three minutes or less as determined by the Mayor. All members of the public will be limited to one comment per agenda item, and one comment for non-agenda items.
MILPITAS CITY COUNCIL CODE OF CONDUCT
Be respectful and courteous (words, tone, and body language). Model civility.
Avoid surprises.
Praise publicly and criticize privately.
Focus on the issue, not the person.
Refrain from using electronic devices while on the Council dais. Disclose conflicts of interest and affiliations related to agenda items. Separate governing from campaigning.
The Council speaks with one voice after making policy on issues. Respect the line between policy and administration.
Council will hold one another accountable to comply with this Code of Conduct.
1 August 16, 2022 Milpitas City Council Agenda Page 2
CALL MEETING TO ORDER by Mayor and ROLL CALL by Acting City Clerk (7:00 PM)
PLEDGE OF ALLEGIANCE
INVOCATION (Councilmember Phan)
PRESENTATIONS (7:05 PM)
Women's Equality Day (Proclamation)
Milpitas North Valley PAL 12U All Stars
Tony Ndah Commendation and Key to the City
PUBLIC FORUM (7:15 PM)
Those in the audience and via Zoom are invited to address City Council on any subject not on tonight’s agenda. In-person speakers wishing to address the Council are requested, but not required to complete a Speaker Card and submit it to the Mayor. In-person speakers will then be asked to come up to the podium and state their name for the record. Those interested in speaking via Zoom may do so by following the instructions on page one (1) of the agenda. Comments may be limited to three (3) minutes or less at the Mayor’s discretion. As an item not listed on the agenda, no response is required from City staff or the Council and no action can be taken. The City Council may instruct the City Manager to place the item on a future meeting agenda.
NOTE: If a member of the public wishes to share any presentation materials for Council consideration, they must be submitted to the Clerk’s Office by email to [email protected] by 12:00 p.m. on the day of the meeting. No presentations will be accepted in person in the Council Chambers.
ANNOUNCEMENTS AND FUTURE AGENDA ITEMS (7:20 PM)
Members of the City Council or City Manager may make brief announcements at this time. Members of the City Council may also suggest future agenda items at this time. For future agenda items, the City Council shall not debate the topic or engage in discussion but shall simply state a “yes” or “no” as to whether to direct the City Manager to place the item on a future meeting agenda. If a majority of the City Council agrees to place an item on a future meeting agenda, the City Manager shall place the item on a future agenda for City Council discussion.
ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS
READING OF THE CITY COUNCIL CODE OF CONDUCT
APPROVAL OF AGENDA
CONSENT CALENDAR (7:30 PM)
Consent calendar items are considered to be routine and will be considered for adoption by one motion. There will be no separate discussion of these items unless a City Councilmember, member of the audience or staff requests the Council to remove an item from (or be added to) the consent calendar. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar.
C1. Receive City Council Calendars of Meetings for August and September 2022 (Staff Contact:
Suzanne Guzzetta, Acting City Clerk, 408-586-3003)
Recommendation: Receive City Council Calendars of Meetings for August and September 2022.
C2. Approve City Council Special Meeting minutes of August 9, 2022 (Staff Contact: Suzanne Guzzetta, Acting City Clerk, 408-586-3001)
Recommendation: Approve City Council Special Meeting minutes of August 9, 2022.
C3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Suzanne Guzzetta, Acting City Clerk, 408-586-3001) 2 August 16, 2022 Milpitas City Council Agenda Page 3
Recommendation: Receive the list of anticipated agenda items for the next regular City Council meeting.
C4. Receive an Update on the Emergency Replacement of Two (2) Boilers and Install of a Temporary Heating System for the Public Works, Information Technology, and Police Department Building and Determine that the Condition Continues to Constitute an Emergency (Staff Contact: Tony Ndah, Public Works Director, 408-586-2602)
Recommendation: Receive an update on the emergency replacement of two boilers and the installation of a temporary heating system for the Public Works, Police and Information Technology Department buildings; and (2) Determine by a four-fifths vote that the condition continues to constitute an emergency.
C5. Waive the Second Reading and Adopt Ordinance No. 38.846 Amending Sections of Chapter 10, Title XI of the Milpitas Municipal Code Relating to Non-Residential Building Heights in Certain Zoning Districts (Staff Contact: Ned Thomas, Planning Director, 408-586-3273) Recommendation: Move to waive the second reading and adopt Ordinance No. 38.846 amending sections of Chapter 10 of Title XI of the Milpitas Municipal Code relating to maximum building heights in certain zoning districts
C6. Waive the Second Reading and Adopt Ordinance No. 38.847 Amending Sections of Chapter 10, Title XI (Zoning) and Sections of Chapter 213, Title V (Noise Abatement) of the Milpitas Municipal Code Relating to Outdoor Music as an Accessory Use to Bars and Restaurants and Aligning the Review and Permitting Requirements for Special Events with the City’s Current Fee Schedule (Staff Contact: Ned Thomas, Planning Director, 408-586-3273) Recommendation: Move to waive the second reading and adopt Ordinance No. 38.847 amending Sections of Chapter 10, Title XI (Zoning) and sections of Chapter 213, Title V (Noise Abatement) of the Milpitas Municipal Code relating to outdoor music as an accessory use to bars and restaurants and aligning the review and permitting requirements for special events with the City’s current fee schedule.
C7. Approve Report of Actions Taken by the City Manager During the City Council Summer Recess from June 21 through August 9, 2022 (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3056)
Recommendation: Approve report of actions taken by the City Manager during the City Council Summer Recess from June 21 through August 9, 2022.
C8. Authorize and Approve Travel to Long Beach, CA for City Manager Steve McHarris to Attend the Annual Conference of the League of California Cities to be held September 7 – 9, 2022; and Appoint City Manager Steve McHarris as the City’s voting delegate for the 2022 Annual Conference. (Staff contact: Ashwini Kantak, Assistant City Manager, 408-586-3053) Recommendation: (1) Authorize and approve travel to Long Beach, CA for City Manager Steve McHarris to attend the Annual Conference of the League of California Cities held September 7 – 9, 2022, for an estimated not-to-exceed amount of $2,000 budgeted under Conferences/Trainings allocation for the City Manager’s Office; and (2) Appoint City Manager Steve McHarris as the City’s voting delegate for the 2022 Annual Conference.
C9. Adopt a Resolution Approving the City of Milpitas Investment Policy for Fiscal Year 2022-23 (Staff Contact: Lauren Lai, Director of Finance, 408-586-3111) 3 August 16, 2022 Milpitas City Council Agenda Page 4
Recommendation: Adopt a resolution of the City of Milpitas approving the Investment Policy for FY 2022-23.
C10. Approve Updates to the Commissioner Handbook, Commission Bylaws, and the Bylaw Addendums for the Economic Development and Trade Commission, the Science, Technology and Innovation Commission, and the Youth Advisory Commission (Staff Contact: Suzanne Guzzetta, Acting City Clerk, 408-586-3001)
Recommendation: Approve updates to the Commissioner Handbook, Commission Bylaws, and the Bylaw Addendums for the Economic Development and Trade Commission, the Science, Technology and Innovation Commission, and the Youth Advisory Commission.
C11. Receive and Review the FY 2021-22 Annual Report of Sole Source Contracts (Staff Contact: Lauren Lai, Finance Director, 408-586-3111)
Recommendation: Receive and review the FY 2021-22 Annual Report of Sole Source Contracts.
PUBLIC HEARINGS (7:35 PM)
Members of the public may be allotted up to three (3) minutes or less at the Mayor’s discretion, to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of ten (10) minutes for opening statements and up to a total of five (5) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.
12. Conduct a Public Hearing and Approve the 2022 Report on Compliance with Public Health Goals for Drinking Water (Staff Contact: Tony Ndah, Public Works Director, 408-586-2602) Recommendation: (1) Open the public hearing to receive public comments and then move to close the public hearing; and (2) Accept and approve the 2022 Report on Compliance with Public Health Goals for Drinking Water in accordance with provisions of the California Health and Safety Code.
COMMUNITY DEVELOPMENT (8:00 PM)
13. Economic Development and American Rescue Plan Act Economic Vitality Investment Framework Update (Staff Contact: Alex Andrade, Director of Economic Development, 408-586- 3046)
Recommendation: Receive Economic Development and American Rescue Plan Act (ARPA) Economic Vitality Investment Framework Update.
14. Receive Progress Report on the Work Completed from Raimi and Associates and City Staff on the Milpitas Residential and Mixed-Use Objective Design Standards, Discuss Project Objectives and Priorities, and Provide Feedback on the Public Draft (Staff Contact: Ned Thomas, Planning Director, 408-586-3273 and Jay Lee, Principal Planner, 408-586-3077) Recommendation: Receive progress report on the work completed from Raimi and Associates and City staff on the Milpitas Residential and Mixed-Use Objective Design Standards, discuss project objectives and priorities, and provide direction on the Public Draft.
15. Receive a Report on the Homekey Project at 1000 Hillview Court (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3056)
Recommendation: Receive a Report on the Homekey Project at 1000 Hillview Court.
COMMUNITY SERVICES AND SUSTAINABLE INFRASTRUCTURE (10:00 PM) 4 August 16, 2022 Milpitas City Council Agenda Page 5
16. 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)
Recommendation: Discuss the formation of a City Council Ad Hoc Naming Subcommittee and Appointment the Subcommittee members.
LEADERSHIP AND SUPPORT SERVICES (10:30 PM)
17. 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)
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”.
ADJOURNMENT (11:00 PM)
KNOW YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE
Government’s duty is to serve the public, reaching its decisions in full view of the public. Commissions and other City agencies exist to conduct the people’s business. This ordinance assures that delib erations are conducted before the people and City operations are open to the people’s review. For more information on your rights under the Open Government Ordinance or to report a violation, contact the City Attorney’s office at Milpitas City Hall, 455 E. Calaveras Blvd., Milpitas, CA 95035 e-mail:[email protected] / Phone: 408-586-3040
The Open Government Ordinance is codified in the Milpitas Municipal Code as Title I Chapter 310 and is available online at the City’s website www.milpitas.gov by selecting the Milpitas Municipal Code link.
Materials related to an item on this agenda submitted to the City Council after initial distribution of the agenda packet are available for public inspection at the City Clerk’s office at Milpitas City Hall, 3rd floor 455 E. Calaveras Blvd., Milpitas and on City website. City Council agendas and related materials can be viewed online: www.milpitas.gov/government/council/agenda_minutes.asp (select meeting date)
APPLY TO SERVE ON A CITY COMMISSION
Commission application forms are available online at www.milpitas.gov or at Milpitas City Hall.
Contact the City Clerk’s Office at 408-586-3001 for more information.
If you need assistance, per the Americans with Disabilities Act, for any City of Milpitas public meeting, please call the City Clerk’s Office at 408-586-3001 or send an e-mail to [email protected] prior to the meeting. You may request a larger font agenda.
5 Updated 8/12/22
MILPITAS CITY COUNCIL CALENDAR
August 2022
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 7:00 PM-Parks, Recreation &
Cultural Resources Commission
(CM)
2 NATIONAL NIGHT OUT EVENT
3 2:00 PM-Santa Clara VTA
Monthly Briefing - Northeast
Group (CM)
5:30 PM-Veterans Commission
(RT)
7:00 PM-Community Advisory
Commission (EC)
4 5:30 PM-Milpitas Chamber of
Commerce Board (EC)
5:30 PM-Santa Clara VTA Board
of Directors (CM)
5 6
7 8
4:30 PM-Economic Development
and Trade Commission (KD)
9 4:00 PM-Milpitas HOPE Suicide
Prevention Task Force
6:00 PM-Special City Council
10 7:00 PM-Silicon Valley Clean
Energy Board of Directors (EC)
7:00 PM-Planning Commission
11 4:00 PM-Treatment Plant
Advisory Committee (CM)
4:00 PM-Santa Clara VTA Policy
Advisory Committee (AP)
4:00 PM-Special Transportation
Subcommittee (RT/CM)
6:00 PM-Cities Assoc of SCC
Legislative Action Comm (CM)
7:00 PM-Youth Advisory
Commission (EC)
7:00 PM-Cities Assoc of SCC
Board of Directors (CM)
12 *4:30 PM-City Council
Finance Subcommittee
(RT/CM)
13 14 15
7:00 PM-In person Flag Raising
Event: India Independence Day
at Cesar Chavez Plaza
7:00 PM-Science, Technology,
and Innovation Commission (RT)
16 7:00 PM-City Council
17 6:00 PM-Energy and
Environmental Sustainability
Commission (EC)
18 10:00 AM-VTA Congestion
Mgmt Prog Plang Committee
(CM)
6:30 PM-BAWSCA Board of
Directors (CM)
19 20
10:00 AM-
Phantom Art
Gallery Reception
21 22 23
1:30 PM-Senior Advisory
Commission (EC)
24 5:30 PM-Cities Assoc. of SCC -
Recycling and Waste Reduction
Commission (AP)
7:00 PM-Planning Commission
25 1:30 PM-Santa Clara County
Emergency Operational Area
Council (CM)
26 4:00 PM-City/School
Collaborative Subcom
(RT/CM)
27 28 29 30 31
2:00 PM-Santa Clara VTA
Monthly Briefing - Northeast
Group (CM)
6:00 PM-Special Planning
Commission-Housing Element
*Finance Subcommittee will only meet as needed
July 2022
S M T W T F S
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31 September 2022
S M T W T F S
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30
6 Item # C1.
Updated 8/12/22
MILPITAS CITY COUNCIL CALENDAR
September 2022
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 5:30 PM-Santa Clara VTA Board
of Directors (CM)
5:30 PM-Milpitas Chamber of
Commerce Board (EC)
2 3
4 5
CITY HOLIDAY
City Hall Closed
6 ?:00 PM-Closed Session
7:00 PM-City Council
7 2:00 PM-Santa Clara VTA
Monthly Briefing - Northeast
Group (CM)
7:00 PM-Community Advisory
Commission (EC)
8 4:00 PM-Santa Clara VTA Policy
Advisory Committee (AP)
4:00 PM-Treatment Plant
Advisory Committee (CM)
7:00 PM-Cities Assoc of SCC
(CM)
7:00 PM-Youth Advisory
Commission (EC)
9 7:00 PM-Lantern Festival
10 11 12
4:30 PM-Economic Development
and Trade Commission (KD)
7:00 PM-Parks, Recreation &
Cultural Resources Commission
(CM)
13 4:00 PM-Milpitas HOPE Suicide
Prevention Task Force
TIME TBD: Community
Workshop #3 for the Draft
Housing Element
14 7:00 PM-Planning Commission
7:00 PM-Silicon Valley Clean
Energy Board of Directors (EC)
15 10:00 AM-VTA Congestion
Mgmt Prog Plng Comm. (CM)
5:30 PM-Measure F Oversight
Committee
6:30 PM-Bay Area Water Supply
Conserv Agency (CM)
7:00 PM-Public Safety and
Emergency Preparedness
Commission (KD)
16 9:00 AM-Special VTA Board
Workshop (CM)
*4:30 PM-City Council Finance
Subcommittee (RT/CM)
17 18 19
7:00 PM-Science, Technology,
and Innovation Commission (RT)
7:00 PM-Library and Education
Commission (EC)
20 ?:00 PM-Closed Session
7:00 PM-City Council
21 6:00 PM-Energy and
Environmental Sustainability
Commission (EC)
22 4:00 PM-Silicon Valley Regional
Interoperability Authority
(SVRIA) (KD)
23 4:00 PM-City/School
Collaborative Subcommittee-City
Hosting (RT/CM)
24 25 26
7:00 PM-Arts Commission (RT)
27 5:30 PM-Special Council
Meeting (tent.)
28 7:00 PM-Planning Commission
29 30
*Finance Subcommittee will meet only as needed
August 2022
S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31
October 2022
S M T W T F S
1 2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 31
League of CA Cities Annual Conference and Expo, Long Beach CA: City Manager McHarris 7 Item # C1.
SPECIAL MEETING OF THE
MILPITAS CITY COUNCIL
June 14, 2022 Milpitas City Council Agenda Page 1
M I NU TE S
TUESDAY, AUGUST 9, 2022
CITY COUNCIL CHAMBERS, 455 E CALAVERAS BLVD, MILPITAS, CA 6:00 PM
The City Council of the City of Milpitas convened for a Special City Council meeting on August 9, 2022 in the City Council Chamber at City Hall, 455 E. Calaveras Blvd., Milpitas, and via teleconference/Zoom webinar.
CALL MEETING TO ORDER by Mayor and ROLL CALL by Acting City Clerk Mayor Tran called the Special City Council meeting to order at 6:00 PM. Roll Call was taken by Acting City Clerk Guzzetta.
PRESENT: Mayor Tran, Vice Mayor Montano, Councilmembers Chua, Dominguez, and Phan ABSENT: None
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Tran.
INVOCATION
Councilmember Phan provided the invocation.
PRESENTATIONS
Mayor Tran presented a proclamation recognizing August 2022 as American Muslim Appreciation Month.
PUBLIC FORUM
There following people spoke under Public Forum:
- Voltaire Montemayor.
ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
Mayor Tran asked for the following:
1. A review of the Milpitas Chamber of Commerce previously approved request for funding including a financial report dating back 12 months and the workplan for the Art & Wine Festival. He also asked the City to pause any disbursement of funds to the Chamber of Commerce until the review is completed.
2. Memory bench at Sunny Hills Park for one of the founders, Dave Vohlberg, and to explore other historical plaques or benches to remember our history and suggested the Arts Commission explore fundraising opportunities for the project.
Councilmember Dominguez asked that staff bring back the plan for the use of State funding for bike lanes and homelessness issues and share with the public and Council. Would like a clear understanding of what we’ve spent and what will be funded. Staff to bring presentation forward to understand how funds are being used to 8 Item # C2.
August 9, 2022 Milpitas City Council Agenda Page 2
maximize taxpayer dollars. City Manager McHarris indicated this item was returning to City Council next month.
Councilmember Chua asked the City Manager to look into implementing a workshop for small businesses on the bidding process for projects in the city.
Councilmember Phan acknowledged and congratulated the Planning Department on winning two awards through the American Planning Association for their work on the 2040 General Plan and the Development Review Handbook.
Vice Mayor Montano announced that she attended the Kiwanis sponsored Annual Shopping Spree Event for disadvantaged families, offered comments on the new ambulance, and remarked on the progress of the new fire station. She asked Planning Department staff ensure small businesses understand ADA compliance requirements.
ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS City Attorney Mutalipassi asked the Mayor and City Councilmembers if they had any personal conflicts of interest. By roll call, there were no conflicts of interest. City Attorney Mutalipassi asked the Mayor and City Councilmembers if they had any reportable campaign contributions. By roll call, there were no reportable campaign contributions.
READING OF THE CITY COUNCIL CODE OF CONDUCT
Mayor Tran read the Code of Conduct.
APPROVAL OF AGENDA
Motion: to approve the August 9, 2022, Special Meeting Agenda.
Motion/Second: Vice Mayor Montano / Mayor Tran
Motion carried by the following:
AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
CONSENT CALENDAR
Motion: to approve the Consent Calendar.
Motion/Second: Mayor Tran / Vice Mayor Montano
Motion carried by the following:
AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
C1. Receive City Council Calendar of Meetings for August 2022 (Staff Contact: Suzanne Guzzetta, Acting City Clerk, 408-586-3001)
Received City Council Calendar of Meetings for August 2022.
C2. Approve City Council Special Meeting minutes of June 14, 2022, Regular Meeting minutes of June 21, 2022, Special Meeting minutes of July 7, 2022, and Special Meeting minutes of July 11, 2022 (Staff Contact: Suzanne Guzzetta, Acting City Clerk, 408-586-3001) 9 Item # C2.
August 9, 2022 Milpitas City Council Agenda Page 3
Approved City Council Special Meeting minutes of June 14, 2022, Regular Meeting minutes of June 21, 2022, Special Meeting minutes of July 7, 2022, and Special Meeting minutes of July 11, 2022.
C3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Suzanne Guzzetta, Acting City Clerk, 408-586-3001) Received the list of anticipated agenda items for the next regular City Council meeting.
C4. Receive and Review the List of Agenda Items Requested by City Councilmembers (Contact:
Suzanne Guzzetta, Acting City Clerk, 408-586-3001)
Reviewed the list of items that have been requested by City Councilmembers and provided direction to staff as necessary.
C5. Receive an Update on the Emergency Replacement of Two (2) Boilers and Install of a Temporary Heating System for the Public Works, Information Technology, and Police Department Building and Determine that the Condition Continues to Constitute an Emergency (Staff Contact: Tony Ndah, Public Works Director, 408-586-2602)
Received an update on the emergency replacement of two boilers and the installation of a temporary heating system for the Public Works, Police and Information Technology Department buildings; and (2) Determined by a four-fifths vote that the condition continues to constitute an emergency.
C6. Adopt a Resolution Granting Acceptance of Public Improvements and Approve Reduction of Faithful Performance Bond for Public Improvements for the Anton Ascend (730) and Anton Aspire (750) Residential Projects and Granting Authorization to the Engineering Director/City Engineer to Release the Performance Bond after the One-year Warranty Period. (Staff Contact:
Steve Erickson, Director of Engineering/City Engineer, 408-586-3301) Adopted Resolution No. 9179 granting acceptance of public improvements for the Anton Ascend and Anton Aspire Residential Projects as shown on Public Improvement Plans No. 2-1228 and 2-1229; and approved a reduction in the performance bonds for the Projects, subject to the one-year warranty period and reduction of the faithful performance bonds to $82,000.00 and $69,500.00 respectively which shall be in effect for the duration of the warranty period; and granted authorization to the Engineering Director/City Engineer to release the performance bonds after the one-year warranty period, without further City Council action provided all required warranty work is completed to the satisfaction of the Engineering Director/City Engineer.
C7. Adopt a Resolution Granting Acceptance of Public Improvements and Approve Reduction of Faithful Performance Bond for Public Improvements for the Centre Pointe – Summerhill Phase 1A Residential Project and Granting Authorization to the Engineering Director/City Engineer to Release the Performance Bond after the One-Year Warranty Period; (Staff Contact: Steve Erickson, Director of Engineering/City Engineer, 408-586-3301) Adopted Resolution No. 9180 granting acceptance of the completed public improvements for the Centre Pointe – Summerhill Phase 1A Residential Project as shown on Public Improvement Plans No. 2-1221; and approved a reduction in the faithful performance bond to $166,100.00, which is 10% of the security’s original value which shall be in effect for the duration of the warranty period; and granted authorization to the Engineering Director/City Engineer to release the performance bond after the one- year warranty period without further City Council action provided all required warranty work is completed to the satisfaction of the Engineering Director/City Engineer.
C8. Approve Budget Appropriation of $103,602.00 in Fiscal Year 2022/2023 California Transportation Development Act Article 3 (TDA-3) Funding for use in City Capital Improvement Program Project 10 Item # C2.
August 9, 2022 Milpitas City Council Agenda Page 4
No. 4283 American Disability Act (ADA) Curb Ramp Transition Program (Staff Contact: Steve Chan, Transportation and Traffic Manager, 408-586-3324) Approved budget appropriation of $103,602.00 in Fiscal Year 2022/2023 California Transportation Development Act Article 3 (TDA-3) Funding for use in City Capital Improvement Program Project No. 4283 American Disability Act (ADA) Curb Ramp Transition Program C9. Approve and Authorize the City Manager to Execute a Stormwater Management Facilities Operation and Maintenance Agreement for S&B Milpitas, LLC for the Lantana at 720 Montague Expressway. (Staff Contact: Steve Erickson, Director of Engineering/City Engineer, 408-586- 3301)
Approved and authorized the City Manager to execute a Stormwater Management Facilities Operation and Maintenance Agreement for S&B Milpitas, LLC for Lantana at 720 Montague Expressway.
C10. Consider Recommendations from Mayor Tran for Appointments to City Commissions (Staff Contact: Suzanne Guzzetta, Acting City Clerk, 408-586-3001) Received Mayor Tran’s recommendations and approve the appointments to City Commissions.
C11. Accept Commissioner Resignations (Staff Contact: Suzanne Guzzetta, Acting City Clerk, 408- 586-3001)
Accepted the resignations of Aileen Zhong from the Community Advisory Commission and Cecelia Hutnick from the Arts Commission; and direct the Acting City Clerk to post the notice of unscheduled vacancies.
C12. Reconfirm Findings and Determinations Under Resolution No. 9165 and Assembly Bill 361 for the Continuation of Virtual Meetings of the City Council and Legislative Bodies (Staff Contact:
Michael Mutalipassi, City Attorney, 408-586-3040)
Moved to reconfirm findings and determinations under Resolution No. 9165 and Assembly Bill 361 for the continuation of virtual meetings of the City Council and Legislative Bodies.
Mayor Tran called a recess at 6:36 PM. The City Council reconvened at 7:08 PM
PUBLIC HEARING
13. 2022 Weed Abatement Assessment Public Hearing and Adopt a Resolution to Confirm the Assessment Report (Staff Contact: Arthur Belton, Deputy Fire Chief / Fire Marshal, 408-586- 3384)
Deputy Fire Chief / Fire Marshal Belton presented the report.
Mayor Tran opened the public hearing
There were the following speakers:
o Voltaire Montemayor
Mayor Tran closed the public hearing.
Motion: to adopt Resolution No. 9181 confirming the 2022 Weed Abatement Assessment Report and the Assessment List to be entered into the Tax Assessment Rolls. 11 Item # C2.
August 9, 2022 Milpitas City Council Agenda Page 5
Motion/Second: Mayor Tran/Vice Mayor Montano
Motion carried by the following:
AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
14. Adopt a Resolution Certifying Election Results and Adding the Property Located at 150 Market Street into Community Facilities District No. 2008-1 (Annexation No. 23) (Staff Contact: Steve Erickson, Director of Engineering/City Engineer, 408-586-3301) Principal Engineer Alonzo presented the report.
Mayor Tran opened the public hearing
There were the following speakers:
o Voltaire Montemayor
Mayor Tran closed the public hearing.
Motion: receive election results from the Acting City Clerk and adopt Resolution No. 9182 certifying the election results and adding the property located at 150 Market Street into Community Facilities District No. 2008-1 (Annexation No. 23).
Motion/Second: Mayor Tran / Councilmember Chua
Motion carried by the following:
AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
15. Conduct a Public Hearing, Adopt a Resolution to Adopt the Climate Action Plan Update and the Addendum to the General Plan Environmental Impact Report and Approve a related Budget Amendment (Staff Contact: Elaine Marshall, Deputy Public Works Director, 408-586-2603) Public Works Deputy Director Marshall presented the report. Ascent Environmental Consultant Hannah Kornfeld responded to questions from the City Council. Marshall clarified it should be CIP #3453
Mayor Tran opened the public hearing
There were the following speakers:
o Patricia Sexton
o Sukhad Mutatkar and Satvika Iyer
o Voltaire Montemayor
o Dashiell Leeds
o Felix Mbuga
o Robert Means
Mayor Tran closed the public hearing.
Deputy Public Works Director Marshall responded to questions from the City Council.
Motion: to adopt Resolution No. 9183 adopting the Climate Action Plan Update and the Addendum to the Milpitas General Plan 2040 EIR for the Milpitas Climate Action Plan Update and approve a Budget Appropriation in the amount of $150,000 to CIP #3416 for near term implementation of the Climate Action Plan Update.
12 Item # C2.
August 9, 2022 Milpitas City Council Agenda Page 6
Motion/Second: Mayor Tran / Councilmember Chua
Mayor Tran amended the motion: to adopt Resolution No. 9183 adopting the Climate Action Plan Update and the Addendum to the Milpitas General Plan 2040 EIR for the Milpitas Climate Action Plan Update and approve a Budget Appropriation in the amount of $150,000 to CIP #3453 for near term implementation of the Climate Action Plan Update. Councilmember Chua accepted the amendment.
Motion carried by the following:
AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
16. Conduct a Public Hearing and Adopt the Milpitas Water, Sewer, and Storm Master Plans and Addendum to the Environmental Impact Report for the Milpitas General Plan (Staff Contact:
Tony Ndah, Public Works Director, 408-586-2602)
Public Works Director Ndah presented the report.
Mayor Tran opened the public hearing
There were the following speakers:
o Voltaire Montemayor
o Sukhad Mutatkar and Satvika Iyer
Mayor Tran closed the public hearing.
Public Works Director Ndah responded to questions from the City Council
After discussion, motion: to approve Resolution No. 9184 to adopt Water Master Plan and directed staff to return with a five-year rate study by December 2022; to approve Resolution No. 9185 to adopt Sewer Master Plan and directed staff to return with a five-year rate study by December 2022; to approve Resolution No. 9186 to adopt Storm Master Plan and directed staff to return to Council with various funding options for the Stormwater System by December 2022; and to approve Resolution No. 9187 to adopt the City of Milpitas Utility Master Plans – Addendum to the Environmental Impact Report for the Milpitas General Plan.
Motion/Second: Mayor Tran / Councilmember Chua
Motion carried by the following:
AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
17. Conduct a Public Hearing and Introduce an Ordinance Amending Sections of Chapter 10, Title XI of the Milpitas Municipal Code Relating to Non-Residential Building Heights (Staff Contact:
Ned Thomas, Planning Director, 408-586-3273)
Planning Director Thomas introduced the item and Senior Planner VanHua presented the report.
Mayor Tran opened the public hearing
There were the following speakers:
o Voltaire Montemayor
Mayor Tran closed the public hearing.
13 Item # C2.
August 9, 2022 Milpitas City Council Agenda Page 7
City Attorney Mutalipassi read the title of Ordinance No. 38.846 “An Ordinance of The City Council of the City of Milpitas Amending Sections of Chapter 10 of Title XI of the Milpitas Municipal Code to Modify and Add Regulations Relating to Maximum Heights for Non-Residential Buildings in Certain Commercial Zones, and Making Findings of CEQA Exemption”
Motion: to waive the first reading beyond the title and introduce Ordinance No. 38.846 amending sections of Chapter 10 of Title XI of the Milpitas Municipal Code relating to Non-Residential Building Heights and determined that the Municipal Code amendment is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15183 (Projects Consistent with a General Plan) and 15061(b)(3) (Common Sense Exemption).
Motion/Second: Vice Mayor Montano / Mayor Tran
Motion carried by the following:
AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
18. Conduct a Public Hearing and Introduce an Ordinance Amending Sections of Chapter 10, Title XI (Zoning) and sections of Chapter 213, Title V (Noise Abatement) of the Milpitas Municipal Code Relating to Outdoor Music in Bars and Restaurants and Review and Permitting Requirements for Special Events (Staff Contact: Ned Thomas, Planning Director, 408-586-3273) Planning Director Thomas presented the report.
Mayor Tran opened the public hearing
There were the following speakers:
o Voltaire Montemayor
Mayor Tran closed the public hearing.
Councilmember Dominguez suggested a new category of event be created for a threshold of 75 or less attendees and explore the possibility of no permit fees for those types of event.
Planning Director Thomas and Consultant Holly Pearson provided additional information.
Councilmember Dominguez suggested adding an exemption to the existing “simple assembly” designation or include language to qualify for the exemption, the event must be non-profit or free to the community.
Vice Mayor Montano stressed that a fee of $15,000 was too much and may need to evaluated on a case-by-case basis.
City Attorney read title of Ordinance No. 38.847 “An Ordinance of the City Council of the City of Milpitas Amending Sections of Chapter 10 of Title XI and Chapter 213 of Title V of the Milpitas Municipal Code to Modify and Add Regulations Relating to Outdoor Music in Bars and Restaurants and Review and Permitting Requirements for Special Events, and Making Findings of CEQA Exemption.” Motion: to waive the first reading beyond the title and introduce Ordinance No. 38.847 amending sections of Chapter 10 of Title XI (Zoning) and Chapter 213 of Title V (Noise Abatement) of the Milpitas Municipal Code relating to Outdoor Music in Bars and Restaurants and Review and Permitting Requirements for Special Events and determined that the Municipal Code amendment is exempt from California Environmental Quality Act pursuant to CEQA Guidelines Sections 15183 (Projects Consistent with a General Plan) and 15061(b)(3) (Common Sense Exemption). 14 Item # C2.
August 9, 2022 Milpitas City Council Agenda Page 8
Motion/Second: Tran/Chua
Vice Mayor Montano asked for an amendment to put language in to review fees on a case-by-case basis.
Mayor Tran amended the recommendation to add language to “waive all fees pertaining to outdoor music in bars and restaurants or businesses that employ 9 or less people.” Councilmember Chua accepted the amendment.
Motion carried by the following:
AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
COMMUNITY DEVELOPMENT
19. Receive Progress Report on The Work Completed and Existing Conditions Analysis from Raimi and Associates and Staff on the Housing Opportunity Zones, Discuss Project Objectives and Priorities, and Provide Direction on Key Planning Concepts and Land Use Strategies (Staff Contact: Ned Thomas, Planning Director, 408-586-3273 and Jay Lee, Principal Planner, 408-586- 3077)
Received progress report on the work completed and existing conditions analysis from Raimi and Associates and staff on the Housing Opportunity Zones, discussed Project objectives and priorities, and provided direction on key planning concepts and land use strategies.
Planning Director Thomas introduced the item. Principal Planner Lee, Raimi and Associates Consultants Malhotra and Sensenig presented the report.
There were the following speakers:
o Voltaire Montemayor
After discussion, Council received the report.
ADJOURNMENT
Mayor Tran adjourned the meeting at 10:51 PM.
Draft meeting minutes submitted by Acting City Clerk, Suzanne Guzzetta
15 Item # C2.
TENTATIVE CITY COUNCIL AGENDA ITEM LIST
as of 8/12/2022
September 6, 2022 – 1st Tuesday
CLOSED SESSION
INVOCATION (assigned to Councilmember Dominguez)
PRESENTATION
Pain Awareness Month (Proclamation)
National Suicide Prevention Week (Proclamation)
National Preparedness Month (Proclamation)
National Cleanup Day - September 18 (Proclamation)
National Gymnastics Day - September 18 (Proclamation)
CONSENT CALENDAR
1. Receive City Council calendar for September 2022 (Suzanne Guzzetta)
2. Approve City Council Meeting minutes of August 16, 2022 (Suzanne Guzzetta)
3. Preview list of items for September 20, 2022 (Suzanne Guzzetta)
4. Councilmember Request List (Suzanne Guzzetta)
5. Reconfirm Findings and Determinations Under Resolution No. 9156 and Set Forth in Assembly Bill 361 for the Continuation of Virtual Meetings of the City Council and Legislative Bodies (Michael Mutalipassi)
6. Receive an Update on the Emergency Replacement of Two (2) Boilers and Install of a Temporary Heating System for the Public Works, Information Technology, and Police Department Building and Determine that the Condition Continues to Constitute an Emergency (Tony Ndah)
7. Legislative Update (Ashwini Kantak and Walter Rossmann)
8. Recommendations from Mayor Tran for Appointments to Youth Commission. (Suzanne Guzzetta)
9. Approve the 2022 Youth Advisory Commission Scholarship Recipients (Renee Lorentzen)
PUBLIC HEARING
COMMUNITY DEVELOPMENT
COMMUNITY SERVICES
PUBLIC SAFETY
LEADERSHIP
10. Use of Public Property for Sleeping and Storage of Personal Property (Michael Mutalipassi)
REPORTS
16 Item # C3.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Receive an Update on the Emergency Replacement of Two (2) Boilers and Install of a Temporary Heating System for the Public Works, Information Technology, and Police Department Building and Determine that the Condition Continues to Constitute an Emergency (Staff Contact: Tony Ndah, Public Works Director, 408-586- 2602)
Category: Consent Calendar-Community Services and Sustainable Infrastructure
Meeting Date: 8/16/2022
Recommendation: Receive an update on the emergency replacement of two boilers and the installation of a temporary heating system for the Public Works, Police and Information Technology Department buildings; and (2) Determine by a four-fifths vote that the condition continues to constitute an emergency.
Background:
Pursuant to Public Contract Code section 22050 and Council Resolution No. 9134, the Director of Public Works, in the case of emergency, may authorize a repair of a public facility and procure the work without giving notice for bids to let contracts. An emergency is defined as “a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.” Additionally, State law requires the Public Works Director, as the City official with delegated authority to take emergency action, to report any emergency authorization and the reason(s) for the authorization to the City Council not later than seven days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than 14 days after the action. Further, the Public Works Director is required to report why the emergency would not permit a delay resulting from a competitive solicitation for bids and the City Council is required to review the emergency action at every regularly scheduled meeting thereafter until the emergency repair is completed. The City Council shall continue to review the emergency action at every regularly scheduled meeting thereafter until the action is terminated. At each review, the City Council shall determine, by a four-fifths vote, whether there is a need to continue the action.
Consistent with applicable State law and Council Resolution, on April 1, 2022, the Public Works Director authorized the City to contract with its existing HVAC maintenance contractor, Environmental Systems Inc. (ESI), for the replacement of two (2) boilers and the installation of a temporary heating system for the Public Works, Information Technology and Police Department buildings.
At the August 9, 2022, City Council meeting, the City Council received an update regarding the emergency replacement of two (2) boilers and the installation of a temporary heating system for the Public Works, Information Technology and Police Department buildings and determined that the condition continues to constitute an emergency.
Analysis:
The install of the temporary heating system was completed on Friday, April 15, and is currently operational providing heat to the building. Due to supply chain delays, the two (2) new boilers, which were ordered, are expected to arrive in mid-August versus mid-July, as previously reported. The rental period for the temporary boiler is set to expire on August 29, 2022. If supply chain issues continue to impact the delivery of the boiler, 17 Item # C4.
the rental agreement for the temporary boiler may need to be extended for an additional month, at a cost of $4,000.
Staff is recommending that the City Council determine, by a four-fifths vote, that there is a need to continue the emergency action declared by the Public Works Director. Staff will return to City Council with an update at every regularly scheduled City Council meeting until the emergency action is terminated.
Fiscal Impact:
The estimated repair and temporary heating installation cost of $208,968 will be paid from the Unanticipated Expenditure Reserve.
California Environmental Quality Act:
The emergency repair work is exempt from CEQA, per CEQA Guidelines Section 15301, Existing Facilities and 15302, Replacement or Reconstruction.
Recommendations:
1. Receive an update on the emergency replacement of two (2) boilers and the installation of a temporary heating system for the Public Works, Police and Information Technology Department buildings.
2. Determine by a four-fifths vote that the condition continues to constitute an emergency.
Attachment:
N/A
18 Item # C4.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Waive the Second Reading and Adopt Ordinance No. 38.846 Amending Sections of Chapter 10, Title XI of the Milpitas Municipal Code Relating to Non-Residential Building Heights in Certain Zoning Districts (Staff Contact: Ned Thomas, Planning Director, 408-586-3273)
Category: Consent Calendar-Community Development
Meeting Date: 8/16/2022
Recommendation: Move to waive the second reading and adopt Ordinance No. 38.846 amending sections of Chapter 10 of Title XI of the Milpitas Municipal Code relating to maximum building heights in certain zoning districts
Background:
This Ordinance was introduced at the August 9, 2022 City Council meeting. The Ordinance is now ready for its second reading and adoption.
Fiscal Impact:
The proposed zoning ordinance amendments will establish a maximum height for buildings in three of the city’s commercial zones: General Commercial (C2), Highway Services (HS) and Town Center (TC). This change in development regulations will have no fiscal impact on the City.
California Environmental Quality Act:
The proposed text amendments to the Milpitas Municipal Code are exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15183 (Projects Consistent with a General Plan) and Section 15061(b)(3) (Common Sense Exemption).
Recommendation:
Move to waive the second reading and adopt Ordinance No. 38.846 amending sections of Chapter 10 of Title XI and Chapter 100 of Title V of the Milpitas Municipal Code relating to mobile food vending (food trucks).
Attachments:
1. Ordinance No. 38.846
19 Item # C5.
PLEASE NOTE:
This copy of Ordinance No. 38.846 is a “redlined” version for your convenience. Text additions are designated by an underline and text deletions are designated with a strikethrough.
20 Item # C5.
2 Ordinance No. 38.846
REGULAR
NUMBER: 38.846
TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING SECTIONS OF CHAPTER 10 OF TITLE XI OF THE MILPITAS MUNICIPAL CODE TO
MODIFY AND ADD REGULATIONS RELATING TO MAXIMUM HEIGHTS FOR
NON-RESIDENTIAL BUILDINGS IN CERTAIN COMMERCIAL ZONES, AND
MAKING FINDINGS OF CEQA EXEMPTION
HISTORY: This Ordinance was introduced (first reading) by the City Council at its meeting of August 9, 2022, upon motion by Mayor Tran and was adopted (second reading) by the City Council at its meeting of _______________, upon motion by ___________________________ _. The Ordinance was duly passed and ordered published in accordance with law by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
________________________________ __________________________ Suzanne Guzzetta, Acting City Clerk Rich Tran, Mayor
APPROVED AS TO FORM:
________________________________
Michael Mutalipassi, City Attorney
21 Item # C5.
3 Ordinance No. 38.846
RECITALS AND FINDINGS:
WHEREAS, the City of Milpitas, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, California Government Code Section 65800 et seq. authorizes the adoption and administration of zoning laws, ordinances, rules and regulations by cities as a means of implementing the General Plan; and
WHEREAS, clear and specific zoning regulations, including development standards and findings for project approval, are important elements in a municipal government’s process of encouraging and approving high-quality development projects that are compatible with surrounding areas; and WHEREAS, the City’s Zoning Ordinance, Chapter 10 of Title XI of the Milpitas Municipal Code, does not currently include standards for the maximum height of primary buildings in the General Commercial (C2), Highway Services (HS), or Town Center (TC) zoning districts; and WHEREAS, the City wishes to enact appropriate regulations applying to the maximum height of primary buildings in the C2, HS, and TC zones, and further to conditionally allow additional building height in the C2 and TC zones, when such buildings are appropriately located and well designed to avoid negative impacts on surrounding properties and public spaces; and WHEREAS, the City has prepared a Zoning Amendment (“Amendment”) to the City’s Municipal Code, including Section 2.03 (“Definitions”), Section 5.03 (“Commercial Zone General Development Standards”), Section 5.04 (“Commercial Zone Special Development Standards”), and Section 57.04 (“Conditional Use Permits and Minor Conditional Use Permits”), of Title XI, Chapter 10–Zoning; and WHEREAS, on June 8, 2022, the Planning Commission for the City of Milpitas held a lawfully noticed public hearing to solicit public comment and consider the proposed Amendment, take public testimony, and make a recommendation to the City Council on the project; and WHEREAS, on June 14, 2022, the City Council of the City of Milpi tas held a study session to consider the proposed Amendment and to provide comments and direction to Planning Department staff; and WHEREAS, this ordinance is exempt from the California Environmental Quality Act, Public Resources Code Section 21000, et seq. (“CEQA”), each as a separate and independent basis, pursuant to CEQA Guidelines Section 15183 (projects consistent with the General Plan) and Section 15061(b)(3) (no possibility of significant environmental effect).
NOW, THEREFORE, the City Council of the City of Milpitas does ordain as follows:
SECTION 1. RECORD AND BASIS FOR ACTION
The City Council has duly considered the full record before it, which may include but is not limited to such things as the City staff report, testimony by staff and the public, and other materials and evidence submitted or provided to the City Council. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT
22 Item # C5.
4 Ordinance No. 38.846
Based on its review of the entire record, including the staff report, public comments and testimony presented to the Planning Commission and City Council, and the facts outlined below, the City Council hereby finds and determines that this ordinance is categorically exempt from the California Environmental Quality Act (“CEQA”) under CEQA Guidelines, § 15061(b)(3), also known as the “common sense exemption”, which exempts from CEQA any project where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. A “significant effect on the environment” means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the proj ect.
This ordinance would enact new building height regulations for non-residential development in the General Commercial (C2), Highway Services (HS), and Town Center (TC) zoning districts. Since there are currently no maximum building heights specified in the development standards for these zones, the ordinance would cre ate and apply new standards that are more specific and robust that those that currently govern new development. In addition, new regulations are proposed that would apply in circumstances where a project applicant proposes a greater building height than th e 35 feet or three stories that is allowed by right in the C2 and TC zones. These draft standards would encourage good design and improve project compatibility with surrounding areas, thereby eliminating or mitigating potential negative effects. Therefore, it can be seen with certainty that there is no possibility that this Ordinance would have a significant effect on the environment; accordingly, this Ordinance is exempt from CEQA review.
Moreover, the City Council hereby finds that the introduction and ad option of this Ordinance is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning). Section 15183 of the CEQA Guidelines provides that projects that are consistent with a Community Plan, General Plan or Zoning for which an EIR has been certified “shall not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculia r to the proje ct or its site.” These proposed zoning amendments serve to implement policies and guidelines in the Community Design Element of the Milpitas General Plan because they would add development standards, design criteria, and findings for approval for non-residential buildings to ensure that any proposed building that is taller than the maximum height allowed by right is designed to fit in well with existing neighborhood context and to minimize impacts on surrounding properties. Therefore, the proposed Amendment is consistent with the General Plan and is exempt from CEQA pursuant to Section 15183 of the CEQA Guidelines.
Accordingly, this Ordinance is exempt from CEQA review pursuant to Sections 15061(b)(3) and 15183 of the CEQA Guidelines, each as a separate and independent basis.
SECTION 3. GENERAL PLAN CONSISTENCY
The Community Design Element of the City’s General Plan includes policies and guidelines that require development projects to (1) incorporate context -sensitive design approaches, respecting and respon ding to the scale and character of adjacent land uses as well as surrounding neighborhoods; and to (2) reinforce desirable design elements of the surrounding area, such as scale and setback patterns. Th is zoning Amendment would set maximum by-right height for primary buildings in three commercial zoning districts, where no maximum height standards are currently stated. The proposed zoning changes provide specific and detailed guidance about how a request for additional conditionally permitted height should be evaluated and what factors should form the basis of a decision on such a request. Moreover, the Amendment include s well-crafted language for findings for approval of conditional requests for additional building height, which would serve to ensure that contextual factors (e.g. neighborhood scale and width of primary street right -of-way) and project -specific design factors (such as building setbacks and upper story building stepbacks) are considered as part of development projects involving taller buildings in commercial areas. In this way, the proposed Amendment would serve to implement several policies of the General Plan.
23 Item # C5.
5 Ordinance No. 38.846
SECTION 4. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XI, CHAPTER 10, SECTION 2
Title XI, Chapter 10, Section 2 ( Definitions ), Subsection XI-10-2.02 ( General Definitions ) of the Milpitas Municipal Code is hereby amended to read as follows:
XI-10-2.03 Definitions
"Floor Area Ratio (FAR)" is defined for nonresidential Zoning Districts as the maximum permitted ratio of gross floor area to site area and is calculated as follows:
FAR = Total of Gross Floor Area for All Structures on Site Site Area
Increases above the maximum permitted FAR for any district can be allowed with approval of a Use Permit by the Planning Commission. This can be considered when the applicant can demonstrate that the proposed development will (1) generate low peak-hour traffic; (2) will not create a dominating visual prominence. Examples of such uses include wholesaling, distribution and hospitals. In each case where an increase in the maximum permitted FAR has been allowed, all other development standards for the site must be met.
SECTION 5. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XI, CHAPTER 10, SECTION 5
Title XI, Chapter 10, Section 5 ( Commercial Zones and Standards ), Subsection XI-10-5.03 ( Commercial Zone General Development Standards ) of the Milpitas Municipal Code is hereby amended to read as follows:
XI-10-5.03 Commercial Zone General Development Standards The following minimum requirements shall be observed, except where increased for conditional uses.
The minimum requirement shall be one of the following for the district classification as designated on the zoning map.
Table XI-10-5.03-1
Commercial Zone Development Standards
Standard CO C1 C2 HS TC
Lot Area,
minimum
None None 10,000 s.f. Fronting
major street
(4 or more
lanes): 1.5 ac.
Fronting all
other streets
(two lanes):
20,000 s.f.
None.
Lot Width,
minimum
None None 100 ft. Fronting
major street:
250 ft.
Fronting all
other streets:
125 ft.
None
24 Item # C5.
6 Ordinance No. 38.846
Front Yard
Setback,
minimum
10 ft. 20 ft. 0 ft. Major street:
50 ft.
All other
streets: 0 ft.
20 ft.
35 ft. along E.
Calaveras
Blvd.
Side Yard
Setback
(Interior),
minimum
10 ft. 0 ft.
15 ft. when
abutting R
District
0 ft.
15 ft. when
abutting R
District
0 ft.
15 ft. when
abutting R
District
0 ft.
15 ft. when
abutting R
District
Street Side
Yard
Setback,
minimum
10 ft. 0 ft. 0 ft. 0 ft. 20 ft.
35 ft. along E.
Calaveras
Blvd.
Rear Yard
Setback,
minimum
10 ft.
When abutting
residential, not
less than R
District
required
setback
0 ft.
15 ft. when
abutting R
District
0 ft.
15 ft. when
abutting R
District
0 ft.
15 ft. when
abutting R
District
0 ft.
15 ft. when
abutting R
District
Building
Height,
maximum
Primary
building
35 ft. or 3
stories
35 ft. or 2.53
stories
None 35 ft. or
3 stories1,2
None35 feet
or 3 stories2
None1 35 feet
or 3 stories1,2
Accessory
building
25 ft. or 2
stories
25 ft. or 2
stories
Parking Refer to
Section 53,
Off Street
Parking, of
this Chapter.
Lot
Coverage
None None None None None
Floor Area
Ratio
0.50 0.35 0.50 0.50 0.85
Landscaping None None None 25% of front
yard setback
All required
setback areas
and the ends
of each
parking
aisle23
1 Refer to Subsections XI-10-5.04(D) and XI-10-57.04(C)(1), Applicability, of this Chapter for additional requirements. 2 For properties that are located within 100 feet of the boundary of a Single Family Residential (R1) or One and Two -Family Residential (R2) zone, the maximum height of a primary building shall be limited to 30 feet or two stories. 23 The Planning Commission shall determine the size of the planters through site and architectural review.
25 Item # C5.
7 Ordinance No. 38.846
Title XI, Chapter 10, Section 5 ( Commercial Zones and Standards ), Subsection XI-10-5.04 ( Commercial Zone Special Development Standards ) of the Milpitas Municipal Code is hereby amended to read as follows:
XI-10-5.04 Commercial Zone Special Development Standards A. All Zones.
1. Areas for Collecting and Loading Recyclable Materials. There shall be provided areas for collecting materials in accordance with Subsection 54.12, Areas for collecting and loading recyclable materials, of this Chapter.
2. All outdoor storage areas of such things as trash and materials shall be within a completely enclosed building or behind a v isually obscure solid wall or tight board fence a minimum six (6) feet in height and shall not be located within any front or street side yard setback area.
3. Such uses, operations or products shall not be objectionable due to odor, dust, smoke, noise, vibration or other similar causes.
B. TC Zone.
1. Setbacks for Residential Projects. Except for the Calaveras Boulevard setback, all other setbacks shall be determined through a Site Development Permit.
C. Neighborhood Commercial (C1) Zone. Thrift stores shall comply with each of the following standards:
1. Signage prohibiting dumping of merchandise during non -business hours shall be installed in conspicuous locations to the satisfaction of the Planning Director indicating penalties and fines for such activity. Signage shall include daytime collection hours for donated goods.
2. A designated area inside the building shall be established for the receipt, sorting and processing of goods. Donated goods shall be accepted only inside the building and during regular business hours; no donated goods shall be left outside. Loading and unloading must take place in a designated area that shall be cleared, cleaned and maintained before closing of business each day.
3. The storefront windows shall be permanently mai ntained as displays of merchandise in a professional and attractive manner (i.e., unsightly clothing racks and displays shall not be placed adjacent to the windows).
4. Any goods or materials left outside of the store overnight shall be removed immediately upon the thrift store opening the next business day.
5. Outdoor storage or display of donated goods or merchandise shall not be permitted.
6. The subject property shall be maintained free of trash, debris, any all other goods at all times.
7. Thrift stores shall not be located closer than one thousand (1000) feet from another thrift store.
D. General Commercial (C2) and Town Center (TC) Zones.
1. In deciding whether to grant a request for additional building height through the Conditional Use Permit process pursuant to Section XI-10-57.04(C)(1), the Planning Commission shall consider site conditions, design elements, and other factors including but not limited to (a) width of right- of-way of principal street; (b) proximity of the site to low- or medium-density residential districts (R1, R2, and R3); (c) building setbacks in relation to proposed building height in excess of 35 feet; and (d) upper story stepbacks.
26 Item # C5.
8 Ordinance No. 38.846
SECTION 6. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XI, CHAPTER 10, SECTION 57
Title XI, Chapter 10, Section 57 ( Applications ), Subsection XI -57.04 ( Conditional Use Permits and Minor Conditional Use Permits ) of the Milpitas Municipal Code is hereby amended to read as follows:
XI-10-57.04 Conditional Use Permits and Minor Conditional Use Permits A. Purpose and Intent.
1. The purpose and intent of the Conditional Use Permit process is to provide a review of l and uses which would not otherwise be permitted as a matter of right in a zoning district because of their nature, have an impact on the surrounding environment and for the determination of whether or not the proposed use is appropriate for its proposed location.
The Conditional Use Permit process is intended to encourage uses to be located in a manner that is:
a. Consistent with the City's zones;
b. Sensitive to community and neighborhood identity; and c. Minimizes impacts to adjacent uses, including t raffic flow; circulation; safety for vehicular and pedestrian traffic; imposition of noises, odors and health and safety hazards upon nearby residential area; provision of adequate light, air and reasonable access; securing safety from fire and other dange rs; prevent overcrowding of land; facilitating adequate provision for transportation and in general, to promote the public health, safety, peace, morals, comfort and welfare; prevention of neighborhood deterioration and blight; the objectives of zoning and planning in the community and the effect upon the City's general welfare of this proposed use in relation to surrounding uses and the community. Review of a use may require the consideration of site plan issues related to the use, as well.
2. It is the p urpose of the Minor Conditional Use Permit process to provide for the streamlined review of uses that may have an impact on the surrounding environment and require discretionary review, but due to their nature, scale or location, do not require discretionary consideration by the full Planning Commission. Either the Zoning Administrator or Planning staff has the authority to review Minor Conditional Use Permits. The Minor Conditional Use Permit process has as its purpose the same goals for uses described for the Conditional Use Permit process above.
B. Authority.
1. Conditional Use Permits. The Planning Commission has the authority to approve Conditional Use Permits, subject to concurrent review and appeal provisions of Section XI -10-64, Development Review Process, of this Chapter.
2. Minor Conditional Use Permits. M inor Conditional Use Permits may be approved either by the Zoning Administrator or administratively by Planning staff. a. Review by the Zoning Administrator. The Zoning Administrator has the authority to approve Minor Conditional Use Permits for those uses listed in the use tables of the Zoning Ordinance.
Such approvals shall be subject to the concurrent review and appeal provisions of Section XI- 10-64, Development Review Process, of this Chapter.
b. Review by Planning staff. Planning staff has the author ity to administratively approve Minor Conditional Use Permits for those uses listed in the use tables of the Zoning Ordinance. Such approvals shall be subject to concurrent review and appeal provisions of Section XI -10-64, Development Review Process, of this Chapter. Planning staff-level issued Minor Conditional Use Permits shall not require a public hearing or notice. 27 Item # C5.
9 Ordinance No. 38.846
C. Applicability.
1. Conditional Use Permits. Conditional Use Permits are required as indicated by the use tables in Residential, Mixed Us e, Commercial, Industrial, Institutional, Park and Open Space, and other land use districts of this Chapter. Conditional Use Permits are also required for the following requests:
Table XI-10-57.04-1
Use/Modifications As provided for in: Notes
Height
Height. For buildings that exceed three
stories or 35 feet, up to a maximum of
six stories or 75 feet, within the MP,
C2, and TC districts.
Table XI-10-7.03-1, Industrial Zone
Development Standards and Table XI-
10-5.03-1 Commercial Zone
Development Standards
See Table XI-10-
57.04-2 and Section
XI-10-5.04(D)(1)
See footnote 1
Height. For buildings that exceed six
stories or 85 feet within the -OO
overlay district up to a maximum of
eight stories or 115 feet in height.
Section XI-10-12.02, Gateway Office
(-OO) Overlay District
Height. Permit in R2 and R3 districts,
schools, hospitals, sanitariums,
institutions, churches and other similar
uses allowed under the use regulations
of this Chapter, to be erected to a
height not exceeding six stories or 75
feet, provided, that the front and side
yard requirements for such buildings in
the "R3" District are complied with.
Non-conforming
Nonconforming buildings and
structures
Section XI-10-56.02(C), Additions to,
enlargements and moving of
nonconforming buildings and
structures
See footnote 12
Nonconforming uses, change of use Section XI-10-56.03, Nonconforming use of buildings and structures
Parking
Parking location Section XI-10-53.13(A), Location of
Parking
Tandem parking Section XI-10-53.07(D), Tandem
Parking Spaces and Section XI-10-
53.13(B), Parking Space Size
Parking Structures Section XI-10-53(H)(4), Parking
Structures
Temporary Uses and Structures
Temporary buildings and structures Section XI-10-13.11(H), Temporary Uses and Structures.
Other
Certain industrial uses within
commercial districts
Table XI-10-5.02-1, Commercial Zone
Uses.
28 Item # C5.
10 Ordinance No. 38.846
Exceptions to performance standards See the zoning districts use standards in XI-10-05, Residential Zones, XI-10-
06, Mixed Use Zones, and XI-10-07,
Industrial Zones.
Lot width reduction
Wireless telecommunications facilities Section XI-10-13.09, Wireless Telecommunications Facilities, of this
Chapter, for specific standards and
exempted facilities.
1 Properties that are located within 100 feet of the boundary of a Single Family Residential (R1) or One and Two -Family Residential (R2) zone shall not be eligible for a request for a Conditional Use Permit to allow height exceeding the maximum standard for primary buildings as shown in Table XI-10-5.03-1 – Commercial Zone Development Standards. 12 In addition, the cumulative floor area included in all such additions or enlargements since the adoption of Ord. No. 38.760 (September 17, 2002) shall not exceed thirty (30%) percent of the floor area contained in said building or structure. Floor area, for the purposes of this Subsection, shall include all habitable space associated with a residential use and shall mean gross floor area associated with any non-residential use. These criteria are established so as not to prolong the life of the original building or structure.
a. Other Uses. The Planning Commission may, after a public hearing, permit the following uses in districts from which they are prohibited by this Chapter where such uses are deemed essential or desirable to the public convenience or welfare and are in harmony with the various elements or objectives of the General Plan.
However, any of the following uses which are marked with an asterisk shall not be allowed in the designated Hillside Combining District.
i. Helicopter pads for medical evacuation purposes.
ii. Development of natural resources (excluding the drilling for or producing of oil, gas or other hydrocarbon substances) together with the necessary buildings, apparatus, or appurtenances incident thereto.
iii. Library or museum, public.
iv. Park, playground, or recreational or community center. v. Public utility and public service use or structure.
vi. Radio or television transmitter.
vii. Reverse vending machines or mobile recycling units except where the lot is being used for residential purposes.
2. Minor Conditional Use Permits. Minor Conditional Use Permits are required as indicated by the use tables in Residential, Mixed Use, Commercial, Industrial, Institutional, Park and Open Space, and other land use districts of this Chapter.
D. Submittal Requirements. Refer to the most recent submittal requirements required by the Planning Division.
E. Review Procedures.
1. Conditional Use Permits.
a. The Planning Commission shall hold a public hearing on said application upon such notice as is required in Section XI-10-64, Development Review Process, of this Chapter. b. After the conclusion of the hearing, the Planning Commission may approve the application, approve it subject to such conditions as the Planning Commission may impose, or disapprove the application.
29 Item # C5.
11 Ordinance No. 38.846
i. The Planning Commission may impose such conditions as it deems necessary to protect the best interests of the surrounding property, of the neighborhood, and as it deems in conformity with the requirements of the General Plan.
2. Minor Conditional Use Permits.
a. Review by Planning Commission Subcommittee. The Planning Commission Subcommittee shall consider a Minor Conditional Use Permit application when authorized to do so under the use tables of the Zoning Ordinance and hold a public hearing on application upon such notice as is required in Section XI-10-64, Development Review Process, of this Chapter. i. After the conclusion of the hearing, the Planning Commission Subcommittee may approve the application, approve it subject to such conditions as the Planning Commission Subcommittee may impose, or disapprove the application. a) The Planning Commission Subcommittee may impose such conditions as it deems necessary to protect the best interests of the surrounding property, of the neighborhood, and as it deems in conformity with the requirements of the General Plan.
b) If the Planning Commission Subcommittee members disagree on a decision for a project, then the project will be placed on the agenda for Planning Commission review, with no additional fees required.
b. Review by Planning staff. The Planning Division shall administratively consider a Minor Conditional Use Permit when authorized to do so under the use tables of the Zoning Ordinance. Planning staff shall investigate as n ecessary to determine whether or not the proposed project conforms or may be conditioned to conform fully to the intent of this Chapter. No public hearing or notice shall be required for an administrative level Minor Conditional Use Permit.
If the project does not comply, a notice of correction shall be prepared and returned to the applicant.
If the applicant resubmits for review and the project still does not comply with the required regulations or is not in accordance with the approved conditions of approval, the Planning Division shall deny the application.
F. Required Findings for Conditional Use Permits and Minor Conditional Use Permits.
1. General Findings. Approval may be granted by the appropriate decision -making body, of a Conditional Use Permit or Minor Conditional Use Permit application in accordance with this Chapter if all of the following findings are made, based on the evidence in the public record:
a. The proposed use, at the proposed location will not be detrimental or injurious to property or improvements in the vicinity nor to the public health, safety, and general welfare; b. The proposed use is consistent with the Milpitas General Plan; and c. The proposed use is consistent with the Milpitas Zoning Ordinance.
In the case of a project located within a Specific Plan, the following additional finding shall be made:
d. The proposed use is consistent with the Specific Plan.
2. Specific Findings. In addition to the general findings required in Subsection (F)(1), above, specific findings shall be made prior to the approval of an application for a Conditional Use Permit for the following requests:
Table XI-10-57.04-2
Use/Modification Specific Findings
30 Item # C5.
12 Ordinance No. 38.846
Height
Height. For buildings that exceed three (3)
stories or thirty-five (35) feet within the MP, C2,
and TC districts.
The project exhibits exceptional architecture and
aesthetic merit to warrant the excess height.
1. The design, location, size, and bulk of the
proposed building is compatible with the
existing and allowed future land uses in the
vicinity.
2. The building’s design provides an appropriate
transition in scale to structures in adjacent
residential districts.
3. The building’s design minimizes shadows on
public sidewalks, public open spaces, and
solar facilities on adjacent parcels through
stepbacks at upper levels or other design
elements.
Height. For buildings that exceed six (6) stories
or eight-five (85) feet within the -OO overlay
district up to a maximum of eight (8) stories or
one hundred fifteen (115) feet in height.
The project exhibits exceptional architecture and
aesthetic merit to warrant the excess height.
Other
Certain Industrial Uses within Commercial
Districts
The site is within close proximity to industrial
uses or districts and is suitable for the type and
intensity of use that is proposed.
G. Consideration of Conditional Use Permit or Minor Conditional Use Permit Pending Zoning Amendment. Upon the close of a public hearing before the Planning Commission on the question of a Zoning Amendment to change property from one zone to another, and upon favorable report thereon by the Commission, the Commission may consider such matters and regulations as are set forth in Subsection XI-10-57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter.
The Commission may conditionally impose such requirements and regulations upon the subject property and use as the Commission is authorized to impose by Subsection XI-10-57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter, and may conditionally approve Conditional Use Permits; said requirements and regulations shall be imposed and said approval shall be granted upon the express condition that said property shall be rezoned in accordance with the specific recommendation of the Planning Commission relating to zoning and shall not take effect unless and until said property is rezoned in accordance with specific recommendation of the Planning Commission and until the Ordinance amending this Chapter in accordance with the specific recommendation of the Planning Commission shall take effect.
H. Appeals. An appeal of the action on a Conditional Use Permit or Minor Conditional Use Permit shall be reviewed in accordance with Section XI-10-64, Development Review Process, of this Chapter.
I. Modifications Requested by the Applicant. Projects shall be developed in conformity with project approvals. If the applicant wishes to modify the project, as approved, the applicant shall submit revised plans and any other applicable information to the City for review by the Planning Division.
The Planning Division staff shall make one of the following determinations regarding the request:
1. Insignificant Modifications. If the Planning Division determines that the modifications are minor, the modifications may be approved administratively.
31 Item # C5.
13 Ordinance No. 38.846
2. Significant Modifications With or Without Public Impact or Concern. If the Planning Division determines that the modifications are significant enough to warrant discretionary review and have the potential for public impact or concern, then the mo difications shall be referred to the final decision-making authority for the original project in the case of non-staff level issued permits, or to the Planning Commission in the case of staff -level issued Minor Conditional Use Permits. If the original appl ication for a project required a public hearing, then the final decision -making authority's review of modifications shall require a public hearing, in accordance with Section XI- 10-64, Development Review Process, of this Chapter.
J. Modifications, Suspensions and/or Revocations Initiated by the City. Refer to Section XI-10-63.06, Revocation, Suspension, Modification, of this Chapter.
K. Approval Runs with the Land. The approval of a Conditional Use Permit or Minor Conditional Use Permit shall run with the land, and shall continue to be valid upon a change of ownership of the site to which it applies, unless the decision-making authority places limits on the effective time of the approval.
SECTION 7. SEVERABILITY
The provisions of this Ordinance are separable, and the invalidity of any phrase, clause, provision, or part has no effect on the validity of the remainder.
SECTION 8. EFFECTIVE DATE AND POSTING
In accordance with Section 36937 of the Government Code of the State of California, this Ordinance takes effect 30 days from the date of its passage. The City Council hereby directs the City Clerk to cause this Ordinance or a summary thereof to be published in accordance with Section 36933 of the Government Code of the State of California.
32 Item # C5.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Waive the Second Reading and Adopt Ordinance No. 38.847Amending Sections of Chapter 10, Title XI (Zoning) and Sections of Chapter 213, Title V (Noise Abatement) of the Milpitas Municipal Code Relating to Outdoor Music as an Accessory Use to Bars and Restaurants and Aligning the Review and Permitting Requirements for Special Events with the City’s Current Fee Schedule (Staff Contact: Ned Thomas, Planning Director, 408-586-3273)
Category: Consent Calendar-Community Development
Meeting Date: 8/16/2022
Recommendation: Move to waive the second reading and adopt Ordinance No. 38.847 amending Sections of Chapter 10, Title XI (Zoning) and sections of Chapter 213, Title V (Noise Abatement) of the Milpitas Municipal Code relating to outdoor music as an accessory use to bars and restaurants and aligning the review and permitting requirements for special events with the City’s current fee schedule.
Background:
This Ordinance was introduced at the August 9, 2022 City Council meeting. The Ordinance is now ready for its second reading and adoption.
Fiscal Impact:
Amending the Zoning Ordinance to allow outdoor music may increase restaurant and bar revenues and, therefore, increase sales tax revenue that the City receives from these businesses. The amount of increase is unknown. Amending the Zoning Ordinance to establish three categories of special events (i.e., minor, regular, and major events) will align the activities with the City master fee schedule and will enhance the City’s cost recovery.
California Environmental Quality Act:
The proposed text amendments to the Milpitas Municipal Code are exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15183 (Projects Consistent with a General Plan) and Section 15061(b)(3) (Common Sense Exemption).
The proposed ordinance would create new regulations related to outdoor music at restaurants and bars as well as three categories of special events to align the review process with the City’s current fee schedule. None of the proposed amendments would directly or indirectly result in physical cha nges to the environment.
Therefore, it can be seen with certainty that there is no possibility that the ordinance in question would have a significant effect on the environment; accordingly, the ordinance is exempt from CEQA review.
Recommendation:
Move to waive the second reading and adopt Ordinance No. 38.847 amending sections of Chapter 10 of Title XI (Zoning) and Chapter 213 of Title V (Noise Abatement) of the Milpitas Municipal Code relating to outdoor music as an accessory to in Bars and Restaurants and Review and Permitting Requirements for Special Events
Attachments:
1. Ordinance No. 38.847
33 Item # C6.
PLEASE NOTE:
This copy of Ordinance No. 38.847 is a “redlined” version for your convenience. Text additions are designated by an underline and text deletions are designated with a strikethrough.
34 Item # C6.
2 Ordinance No. 38.847
REGULAR
NUMBER: 38.847
TITLE: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILPITAS AMENDING SECTIONS OF CHAPTER 10 OF TITLE XI AND CHAPTER 213 OF TITLE V OF THE
MILPITAS MUNICIPAL CODE TO MODIFY AND ADD REGULATIONS RELATING
TO OUTDOOR MUSIC IN BARS AND RESTAURANTS AND REVIEW AND
PERMITTING REQUIREMENTS FOR SPECIAL EVENTS , AND MAKING FINDINGS
OF CEQA EXEMPTION
HISTORY: This Ordinance was introduced (first reading) by the City Council at its meeting of August 9, 2022, upon motion by Mayor Tran and was adopted (second reading) by the City Council at its meeting of _______________, upon motion by ____________________________. The Ordinance was duly passed and ordered published in accordance with law by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
________________________________ __________________________ Suzanne Guzzetta, Acting City Clerk Rich Tran, Mayor
APPROVED AS TO FORM:
________________________________
Michael Mutalipassi, City Attorney
35 Item # C6.
3 Ordinance No. 38.847
RECITALS AND FINDINGS:
WHEREAS, the City of Milpitas, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, California Government Code Section 65800 et seq. authorizes the adoption and administration of zoning laws, ordinances, rules and regulations by cities as a means of implementing the General Plan; and
WHEREAS, the City wishes to encourage and allow outdoor live and recorded music at restaurants and bars as a way to encourage a vibrant city, provide accessible arts and entertainment for Milpi tas residents and visitors, and support local business and musicians; and WHEREAS, clear and specific land use and noise regulations, including operational standards such as noise level limits, permitted hours, and protections against disturbing noise for residential neighborhoods are important elements in a municipal government’s process of allowing and encouraging outdoor music; and WHEREAS, the City wishes to simplify and facilitate the process of approving small special events of limited scale that do not create negative impacts on surrounding areas; and WHEREAS, the City wishes to reduce the cost of obtaining a Special Event Permit for applicants proposing to hold small and simple special events of limited scale; and WHEREAS, the City’s Zoning Ordinance, Chapter 10 of Title XI of the Milpitas Municipal Code, currently includes land use regulations for the location and approval procedures for special events generally as well as for live entertainment associated with restaurants and bars in commercial and mixed-use zoning districts; and
WHEREAS, the City’s Noise Abatement Ordinance, Chapter 213 of Title V of the Milpitas Municipal currently includes requirements and standards for noise levels in residential zones that serve to protect these areas from disturbing noise and maintain peaceful, favorable living environments; and WHEREAS, the City has prepared a Zoning Amendment (“Amendment”) to the City’s Municipal Code, including Section 2.03 (“Definitions”), Section 5.02 (“Commercial Use Regulations”), Section 5.04 (“Commercial Zone Special Development Standards”), Section 6.02 (“Mixed Use Regulations”), Section 6.06 (“Mixed Use Special Development Standards”), and Section 15 (“Special Events and Activities”) of Title XI, Chapter 10–Zoning; and including Section 213-2 (“Definitions”) and Section 213-3 (“Unlawful to Create or Permit Disturbing Noise”) of Title V, Chapter 213–Noise Abatement; and WHEREAS, on June 22, 2022, the Planning Commission of the City of Milpitas held a lawfully noticed public hearing to solicit public comment and consider the proposed Amendment, take public testimony, and make a recommendation to the City Council on the project; and WHEREAS, this ordinance is exempt from the California Environmental Quality Act, Public Resources Code Section 21000, et seq. (“CEQA”), each as a separate and independent basis, pursuant to CEQA Guidelines Section 15183 (projects consistent with the General Plan) and Section 15061(b)(3) (no possibility of significant environmental effect).
NOW, THEREFORE, the City Council of the City of Milpitas does ordain as follows:
36 Item # C6.
4 Ordinance No. 38.847
SECTION 1. RECORD AND BASIS FOR ACTION
The City Council has duly considered the full record before it, which may include but is not limited to such things as the City staff report, testimony by staff and the public, and other materials and evidence submitted or provided to the City Council. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT
Based on its review of the entire record, including the staff report, public comments and testimony presented to the Planning Commission and City Council, and the facts outlined below, the City Council hereby finds and determines that this ordinance is categorically exempt from the California Environmental Quality Act (“CEQA”) under CEQA Guidelines, § 15061(b)(3), also known as the “common sense ex emption”, which exempts from CEQA any project where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. A “significant effect on the environment” means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project.
This ordinance would create new regulations related to outdoor music at restaurants and bars as well as new regulations for the review and p ermitting of small special events. The outdoor music regulations include provisions to maintain appropriate sound levels, thereby avoiding environmental impacts relating to noise. None of the proposed amendments would directly or indirectly result in physical changes to the environment. Therefore, it can be seen with certainty that there is no possibility that this Ordinance would have a significant effect on the environment; accordingly, this Ordinance is exempt from CEQA review.
Moreover, the City Council hereby finds that the introduction and adoption of this Ordinance is categorically exempt from CEQA pursuant to CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning). Section 15183 of the CEQA Guidelines provides that projects that are consistent with a Community Plan, General Plan or Zoning for which an EIR has been certified “shall not require additional environmental review, except as might be necessary to examine whether there are project -specific significant effects which are peculia r to the project or its site.” These proposed zoning amendments serve to implement several goals and policies in the Economic Development, Noise, Utilities and Community Services, and Parks, Recreation & Open Space Elements by supporting and encouraging small live music events at food and beverage businesses throughout the city while also establishing rules and standards that would limit hours and noise levels to protect residential areas from disturbing noise. In this way, the am endment would strike a positive balance between supporting arts, entertainment and economic development and preserving the quiet enjoyment of residential areas in Milpitas. Therefore, the proposed Amendment is consistent with the General Plan and is exempt from CEQA pursuant to Section 15183 of the CEQA Guidelines.
Accordingly, this Ordinance is exempt from CEQA review pursuant to Sections 15061(b)(3) and 15183 of the CEQA Guidelines, each as a separate and independent basis.
SECTION 3. GENERAL PLAN CONSISTENCY
The Economic Development, Noise, Utilities and Community Services, and Parks, Recreation & Open Space Elements of the City’s General Plan include several policies and actions related to supporting small business in Milpitas, encouraging a vibrant arts and cultural scene, making arts and entertainment events accessible to everyone in the community, and maintaining clear standards to restrict noise levels and protect residential areas from disturbing noise. The proposed municipal code amendments would serve to implement these General Plan policies and actions because they would strike a positive balance between supporting arts, entertainment and economic development and preserving the quiet enjoyment of residential areas in Milpitas. 37 Item # C6.
5 Ordinance No. 38.847
SECTION 4. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE V, CHAPTER 213, SECTIONS 2 AND 3
Title V, Chapter 213 ( Noise Abatement ), Section 2 ( Definitions ) of the Milpitas Municipal Code is hereby amended to read as follows:
V-213-2 – Definitions
2.04 "Disturbing Noise" as used herein in this Chapter means any sound or vibration caused by sound which occurs with such intensity, frequency or in such a manner as to disturb the peace and quiet of reasonable person of normal sensitivity residing in that area. It shall include, but not be limited to noise from the following sounds (this enumeration not being exclusive but only illustrative):
(1) The use, operation, playing of any radio, television, musical instrument or instruments, phonograph, stereo, loud speaker, sound amplifier or other device for the production or reproduction of sound with louder volume than is necessary for hearing for any person or persons who are in the room, vehicle or chamber in which such machine or device is operated and who are voluntary listeners thereto. Outdoor music played or performed in compliance with Subsection V- 213-3(b) shall not be construed as disturbing noise.
(2) The sounding of any horn or signal device or siren except as a danger warning. (3) The operation of any machinery or tool.
(4) The continuous or recurrent acceleration of a motor vehicle or other engine while stationary ("revving" the engine).
(5) Yelling, shouting, hooting, whistling, singing, or similar types of noise.
Title V, Chapter 213 ( Noise Abatement ), Section 3 ( Unlawful to Create or Permit Disturbing Noise ) of the Milpitas Municipal Code is hereby amended to read as follows:
V-213-3 – Unlawful to Create or Permit Disturbing Noise
(a) Residential Zone Regulations.
3.01 Except as permitted in Section V-213-3(b), iIt shall be unlawful for any person in any district zoned for residential use (under the provisions of Chapter 10, Title XI of the Milpitas Municipal Code) to make, continue, maintain, permit or cause to be made, continued, maintained, or permitted any Disturbing Noise that increases the noise exposure level by three dB over the local ambient noise level measured from the property line of the noise source, or more than 65 dB measured from the property line of the noise source, whichever is more restrictive.
3.02 Except as permitted in Section V-213-3(b), iIt shall be unlawful for any person who owns, possesses, or controls any real property in any district zoned for residential use (under the provisions of Chapter 10, Title XI of the Milpitas Municipal Code) to make, continue, maintain, permit or cause to be made, continued, maintained or permitted any Disturbing Noise that increases the noise exposure level by three dB over the local ambient noise level measured from the property line of the noise source, or more than 65 dB measured from the property line of the noise source, whichever is more restrictive.
3.03 Notwithstanding any other provision of this Chapter and in addition thereto, iIt is unlawful for any person or any person who owns, possesses, or controls real property in any district zoned for residential use (under provisions of Chapter 10, Title XI of the Milpitas Municipal Code) to make, continue, maintain, permit, or cause to be made, continued, maintained or permitted any Disturbing Noise. It shall be prima facie violation of this Section if any Disturbing Noise is audible during the hours 38 Item # C6.
6 Ordinance No. 38.847
of 10:00 p.m. to 7:00 a.m. from a distance of 50 feet from the property line of the noise source or from a distance of 100 feet from any nonstationary noise source. It shall also be prima facie violation of this Section if any Disturbing Noise is audible during the hours of 7:01 a.m. to 9:59 p.m. from a distance of 100 feet from the property line of the noise source or any nonstationary noise source.
3.04 The above prohibition against making, continuing, maintaining or permitting any Disturbing Noise in any district zoned for residential use shall not apply to the authorized collection of solid waste, recyclables, and/or yard trimmings by an authorized collector beginning at 6:00 a.m. (b) Outdoor Music Regulations for Commercial and Mixed Use Zones.
3.05 Outdoor music shall be permitted on real property in the C1, C2, TC, MXD, MXD2, and MXD3 zoning districts (per Chapter 10, Title XI of the Milpitas Municipal Code) as an accessory use to a restaurant or bar that is a principal permitted use or approved conditional use. Outdoor music shall be permitted between the hours of 9:00 a.m. and 11:00 p.m.
3.06 Except as provided below in Subsection V-213-3(b) 3.06(1), noise levels for outdoor music as an accessory use shall not exceed 70-90 dB measured from the property line of the parcel on which the outdoor music occurs. See also Table XI-10-5.02-1 – Commercial Zone Uses in Title XI, Chapter 10, Section 5.02 and Table XI-10-6.02-1 – Mixed Use Zone Uses in Title XI, Chapter 10, Section 6.02. (1) For any parcel in a C1, C2, TC, MXD, MXD2, or MXD3 zoning district that is located within 100 feet of a parcel in a R1 or R2 zoning district, noise levels for outdoor music as an accessory use shall not exceed 65 dB measured from the property line of the parcel on which the outdoor music occurs.
(2) For residential uses in the MXD, MXD2, and MXD3 zoning districts, it is recognized that ambient noise from outdoor music that is permitted as an accessory use to a restaurant or bar is a normal condition inherent to a mixed-use, urban living environment; therefore accessory outdoor music at a restaurant or bar shall not be subject to the noise restrictions in Section V-213-3(a)
3.01 and 3.02 in the case of residential uses in the MXD, MXD2, and MXD3 zones. (b)(c) Site Construction Regulations.
3.0507 No person shall engage or permit others to engage in construction of any building or related road or walkway, pool or landscape improvement or in the construction operations related thereto, including, delivery of construction materials, supplies, or improvements on or to a construction site except within the hours of 7:00 a.m. to 7:00 p.m. on weekdays and weekends. No construction work shall be conducted or performed on the holidays indicated in Section V-213-2-2.05 of this Chapter.
3.0608 Exemption from Off-Site Construction Regulations. Exempt from the Off-Site Construction Regulations of this article are as follows:
(1) Emergency construction and repair that is necessary for protection of life and property, (2) Operation preempted from local regulation by state law, such as construction of public school buildings,
(3) Furnishing utility-type service including construction and maintenance of utility facilities, (4) Any work on an existing single-family or duplex (two-family) dwelling undertaken by the property owner,
(5) Operation to construct and maintain facilities within the public right-of-way as deemed necessary by the Public Works Director, and
(6) Any other circumstances where the City Manager deems that an exemption would be appropriate.
39 Item # C6.
7 Ordinance No. 38.847
SECTION 5. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XI, CHAPTER 10, SECTION 2
Title XI, Chapter 10, Section 2 ( Definitions ), Subsection XI -10-2.02 ( General Definitions ) of the Milpitas Municipal Code is hereby amended to read as follows:
XI-10-2.03 Definitions
"Outdoor Music" means live music, both acoustic and amplified, including live individual musicians, bands, and disc jockeys (DJs), but not including karaoke, that takes place on a patio or other outdoor space. Outdoor music as defined and regulated in this Chapter shall also include recorded background music played outdoors at a public establishment such as a restaurant, bar, retail store, or other business.
SECTION 6. AMENDMENT OF MILPITAS MUNICIPAL C ODE TITLE XI, CHAPTER 10, SECTION 5
Title XI, Chapter 10, Section 5 ( Commercial Zones and Standards ), Subsection XI-10-5.02 ( Commercial Use Regulations ) of the Milpitas Municipal Code is hereby amended to read as follows:
XI-10-5.02 Commercial Use Regulations
A. Permitted and Conditionally Permitted Uses.
1. Primary uses. The uses identified in Table 5.02 -1, Commercial Zone Uses, shall be the primary uses allowed to occur on a property. All uses except for those noted shall be conducted within enclosed structures. The primary uses identified in Table 5.02-1 shall be permitted or conditionally permitted, as indicated:
P Where the symbol "P" appears, the use shall be permitted.
MCS Where the symbol "MCS" appears the use shall be permitted subject to the issuance of a Minor Conditional Use Permit by staff, in accordance with Subsection 57.04, Conditional Use Permits and Minor Conditional Use Permits, of this chapter.
P/C Where the symbol "P/C" appears the use may be permitted if certain criteria is met or otherwise a Conditional Use Permit shall be required, in accordance with Section XI-10-57.04, Conditional Use Permits, of this Chapter.
C Where the symbol "C" appears, the use shall be permitted subject to the issuance of a Conditional Use Permit, in accordance with Subsection 57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter.
MC Where the symbol "MC" appears, the use shall be permitted subject to the issuance of a Minor Conditional Use Permit, in accordance with Subsection 57.04, Conditional Use Permits and Minor Conditional Use Permits, of this chapter.
O Where the symbol "O" appears, the use is subject to an alternative review process described in a subsequent footnote.
B. Prohibited Uses. The following uses are prohibited:
1. Uses where the symbol "NP" appears within Table 5.02-1.
2. Uses that have been excluded from Table 5.02 -1, unless they are found by the City to be simil ar to permitted or conditionally permitted uses in accordance with C below. 40 Item # C6.
8 Ordinance No. 38.847
3. Any residential uses in the Town Center Zone shall strictly be prohibited provided residential uses constructed on or before February 17, 2015 or any project securing an approved tentative map or site development permit for construction of residential uses on or before February 17, 2015 shall be exempt from this prohibition and Milpitas Zoning Code Section 56, Nonconforming Buildings and Uses.
C. Other Uses. Any other uses may be considered by the Planning Commission that are similar in accordance with the procedure prescribed in Subsection 10-54.02, Other Uses Permitted by Commission, of this Chapter.
Table XI-10-5.02-1
Commercial Zone Uses
Use CO C1 C2 HS TC
1. Commercial Uses
Alcoholic beverage sales C6 C C NP C
Art/photography studio or gallery NP P P P P
Bookstore NP P P P P
Commercial services1 P P P NP P
Funeral home or mortician NP NP C C NP
Furniture sales NP P P P P
Grocery store (supermarkets)
Within 1,000 ft. of residential zone NP C C C C
Not within 1,000 ft. of residential zone NP P P P P Head/smoke/tobacco shop NP C C NP C
Home improvement (hardware, blinds, interior
decorating, etc.)
NP P P C P
Not fully enclosed operation NP C C C C
Household appliance store7 NP NP P P NP
Small appliance repair NP NP MCS P NP
Large appliance repair NP NP NP P NP
Janitorial services NP NP P P NP
Newsstand
Indoor P P P NP P
Outdoor C C C NP C
Nursery (flower or plant)
Indoor NP NP P2 P P
Outdoor NP NP C P NP
Office supply sales (stationery, equipment) P P P P P Paint and wallpaper stores NP NP P P P
Pawnshops NP NP C NP NP
Pet stores NP NP P P P
Printing (newspaper, publishing) NP NP P P P
Rentals (medical supplies, costumes, party
equipment, office equipment)
NP NP P P P
Retail stores, general merchandise NP P P NP P
Tanning salon NP NP P NP P
Thrift store3 NP C P P P
2. Entertainment and Recreation
Adult business4 NP NP NP P NP
41 Item # C6.
9 Ordinance No. 38.847
Bowling alley NP NP P P P
Commercial athletic facilities
Indoor NP C P P P
Outdoor NP NP NP C NP
Motion picture theater (See 7 below)
Recreation or entertainment facility NP C C C C
Shooting range, indoor NP NP NP C NP
3. Health and Veterinarian Uses
Animal grooming (no boarding) NP P P P P
Hospital C NP C C C
Kennel NP NP C NP NP
Massage establishment15 NP NP MC MC MC
Massage establishment, accessory15 NP NP MCS MCS MCS Medical and dental office P P P NP P
Medical and dental clinic P C C NP P
Medical support laboratories P C C C C
Optician and optometrist shop P P P NP P
Pharmacy or drug store NP P P P P
Sauna and steam bath NP NP NP P NP
Veterinary clinic NP NP P P P
4. Industrial Uses5
Assembly from pre-processed materials NP NP C NP NP Commercial fueling facility NP NP NP C NP
Commercial laboratory NP NP C P NP
Contractor's yards and offices NP NP C C NP
Disinfection and extermination business NP NP C P NP Dry cleaning plant NP NP NP P NP
Food storage locker NP NP NP P NP
Landscape contractor NP NP C P NP
Lumberyards NP NP C C NP
Mini-storage complex NP NP C C NP
Plumbing, metalworking, glassworking or
woodworking
NP NP C C NP
Research & development NP NP C NP NP
Sign sales and fabrication (Electric and neon
sign, sign painting)
NP NP C P NP
Warehousing and wholesale NP NP C NP NP
5. Lodging
Hotel and motel NP NP C C C
6. Professional Offices, Financial Institutions and Related Uses Automatic teller machines (freestanding)6 NP P P P P Financial institutions (banks, savings and
loans, etc.)
P P P P P
General offices (administrative and business
services, real estate, travel agencies, etc.)
P P P P P
7. Public, Quasi-Public and Assembly Uses
Auction hall NP NP C C C
Child care
42 Item # C6.
10 Ordinance No. 38.847
Child care center C C C C C
Day care school C C C C C
Large family child care home NP NP NP NP C
Small family child care home NP NP NP NP C
Places of assembly C C C C C
Cultural center NP NP C C C
Educational institutions
Schools, private (elementary, middle, high) NP NP C NP C Trade and vocational school C NP P P C
Farmer's market (not including flea market) NP C C C C Instruction
Group8 MCS MCS MCS MCS MCS
Private P P P P P
Motion picture theater
Indoor NP C C C C
Outdoor NP NP NP C NP
Parking facility, storage garage NP P P C C
Public utilities C C C C C
Transportation facility (taxi, limousine, etc.) NP NP C C C
8. Restaurants or Food Service
Banquet hall NP NP C C C
Bar or nightclub NP NP C 17 C C 17
Catering establishment C NP P P P
Restaurants C7 P P P P
With music (indoor/outdoor) NP P 17 P 17 C P 17
With other live entertainment/dancing 18 NP NP C C C With drive-in or drive-through NP C C C C
With ancillary on-premise beer & wine with
no separate bar
NP MC PMC MC MC
Mobile Food Vending (individual vehicle) 16 P P P P P
Mobile Food Park 16 MC MC MC MC MC
Commissary MC P P P MC
9. Residential Uses
Caretaker (in conjunction with contractor's
yard or mini-storage complex)
NP NP C C NP
Emergency shelters9 NP NP NP P/C NP
Single-room occupancy residences10 NP NP NP C NP
10. Vehicle Related Uses
Auto repair (tire, oil change, smog check, etc.) NP NP C C NP Auto sales and rental, outdoor (new and used
cars, RV and truck)
NP NP C C NP
Auto broker (wholesale, no vehicles on site) MCS MCS MCS MCS MCS Car wash NP NP C C NP
Service stations (with or without repair or
retail)11
C C C C C
Drive through uses (restaurants, pharmacies,
etc.)
NP C C C C
11. Unclassified Uses
43 Item # C6.
11 Ordinance No. 38.847
Accessory structures12 P P P P P
Model home complex13 NP NP NP NP P
Mortuary or crematory NP NP NP C NP
Radio or television station NP NP C P NP
Temporary seasonal sales14 NP P P P P
1 Refer to the definition for "Commercial Services" in Section 2, Definitions, of this Chapter. 2 Provided that all incidental equipment and supplies, including fertilizer and empty cans, are kept within a building. 3 Refer to XI-10-5.04, Commercial Zone Special Development Standards, of this Chapter. 4 In accordance with the Title III, Chapter 4, Adult Business Ordinance, and Subsection 13.04, Adult Businesses, of this Chapter. 5 For conditionally permitted uses, refer to Subsection 57.04(C) (9), Certain Industrial Uses within Commercial Districts, of this Chapter. 6 Refer to Subsection 57.03, Site Development Permits and Minor Site Development Permits, of this Chapter. 7 When intended to serve the occupants and patrons of the permitted use (office, etc.) and conducted and entered from within the building and provided there is no exterior display of advertising.
8 Refer to Subsection 5.02-1, Commercial Zone Special Uses, of this Section. 9 Refer to XI-10-13.14, Special Uses, Emergency Shelters, of this Chapter. 10 Refer to XI-10-13.13, Special Uses, Single Room Occupancy Residences, of this Chapter. 11 Refer to Subsection XI-10-6.02-2, Special Uses, of this Chapter, for standards. Service stations shall follow the "General development policy:
Gasoline service stations, and automotive service centers" adopted by the City Council on December 19, 1995. 12 Not including warehouses on the same site as the permitted use. 13 No tract sign shall be permitted within 600 feet of a Santa Clara County Expressway. 14 Refer to Section 13.11, Temporary Uses and Structures, of this Chapter. 15 Massage establishments are subject to Title III, Chapter 6 of the Milpitas Municipal Code and Subsection XI-10-13.16 of this title. Refer to Subsection XI-10-13.16, of this Title, for special provisions for massage establishments. 16 Refer to Subsection XI-10-13.18, Mobile Food Vending, of this Chapter. 17 Indoor or outdoor music is permitted as an accessory use on the same parcel in conjunction with a restaurant or bar that is a principal permitted use or approved conditional use in the C1, C2, and TC zones. See also Subsection XI-10-5.04(E) for additional regulations. 18 Examples of “other live entertainment” include, but are not limited to, stand-up comedy, theatrical shows, magic shows, and karaoke.
Title XI, Chapter 10, Section 5 ( Commercial Zones and Standards ), Subsection XI-10-5.04 ( Commercial Zone Special Development Standards ) of the Milpitas Municipal Code is hereby amended to read as follows:
XI-10-5.04 Commercial Zone Special Development Standards A. All Zones.
1. Areas for Collecting and Loading Recyclable Materials. There shall be provi ded areas for collecting materials in accordance with Subsection 54.12, Areas for collecting and loading recyclable materials, of this Chapter.
2. All outdoor storage areas of such things as trash and materials shall be within a completely enclosed building or behind a visually obscure solid wall or tight board fence a minimum six (6) feet in height and shall not be located within any front or street side yard setback area.
3. Such uses, operations or products shall not be objectionable due to odor, dust, smoke, noise, vibration or other similar causes.
B. TC Zone.
1. Setbacks for Residential Projects. Except for the Calaveras Boulevard setback, all other setbacks shall be determined through a Site Development Permit.
44 Item # C6.
12 Ordinance No. 38.847
C. Neighborhood Commercial (C1) Zone. Thrift stores shall comply with each of the following standards:
1. Signage prohibiting dumping of merchandise during non -business hours shall be installed in conspicuous locations to the satisfaction of the Planning Director indicating penalties and fines for such activity. Signage shall include daytime collection hours for donated goods.
2. A designated area inside the building shall be established for the receipt, sorting and processing of goods. Donated goods shall be accepted only inside the building and during regular business hours; no donated goods shall be left outside. Loading and unloading must take place in a designated area that shall be cleared, cleaned and maintained before closing of business each day.
3. The storefront windows shall be permanently maintained as displays of merchandise in a professional and attractive manner (i.e., unsightly clothing racks and displays shall not be placed adjacent to the windows).
4. Any goods or materials left outside of the store overnight shall be removed immediately upon the thrift store opening the next business day.
5. Outdoor storage or display of donated goods or merchandise shall not be permitted.
6. The subject property shall be maintained free of trash, debris, any all other goods at all times.
7. Thrift stores shall not be located closer than one thousand (1000) feet from another thrift store.
D. General Commercial (C2) and Town Center (TC) Zones.
1. In deciding whether to grant a request for additional building height through the Conditional Use Permit process pursuant to Section XI-10-57.04(C)(1), the Planning Commission shall consider site conditions, design elements, and other factors including but not limited to (a) width of right- of-way of principal street; (b) proximity of the site to low- or medium-density residential districts (R1, R2, and R3); (c) building setbacks in relation to proposed building height in excess of 35 feet; and (d) upper story stepbacks.
E. Outdoor Music
1. Outdoor music as an accessory use in conjunction with a restaurant or bar in the C1, C2, or TC zone shall be permitted for the entertainment and enjoyment of customers at the restaurant or bar during regular operating hours. Outdoor music as an accessory use shall be limited to the hours of 9:00 am to 11:00 pm.
2. Recorded background music may be permitted outdoors on public sidewalks and in other public areas subject to the standards of this Chapter and Title V – Public Health, Safety and Welfare, Chapter 213 – Noise Abatement.
3. Noise levels for outdoor music, when permitted as an accessory use to a restaurant or bar, shall not exceed a maximum range of 70 to 90 decibels (dB). See also Title V – Public Health, Safety and Welfare, Subsections V-213-2 and V-213-3, for additional regulations.
4. Larger outdoor music events, both live and recorded music, which are intended for the entertainment and enjoyment of the general public shall require a Special Event Permit pursuant to Section 15, Special Events and Activities, of this Chapter.
5. Minor outdoor music events, both live and recorded music, which are hosted onsite by a business with nine (9) or fewer employees shall be exempt from applicable permit and fee requirements.
45 Item # C6.
13 Ordinance No. 38.847
SECTION 7. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XI, CHAPTER 10, SECTION 6
Title XI, Chapter 10, Section 6 ( Mixed Use Zones and Standards ), Subsection XI -10-6.02 ( Mixed Use Regulations ) of the Milpitas Municipal Code is hereby amended to read as follows:
XI-10-6.02 Mixed Use Regulations
A. Permitted and Conditionally Permitted Uses.
1. Primary uses. The uses identified in Table 6.02-1, Mixed Use Zone Uses, shall be the primary uses allowed to occur on a property. All uses except for those noted shall be conducted within enclosed structures. The primary uses identified in Table 6.02 -1 shall be permitted or conditionally permitted, as indicated:
P Where the symbol "P" appears, the use shall be permitted.
MCS Where the symbol "MCS" appears, the use shall be permitted subject to the issuance of a Minor Conditional Use Permit by staff, in accordance with Section 57.04, Conditional Use Permits and Minor Conditional Use Permits, of this chapter.
P/C Where the symbol "P/C" appears the use may be permitted if certain criteria is met or otherwise a Conditional Use Permit shall be required, in accordance with Section XI- 10-57.04, Conditional Use Permits, of this Chapter.
C Where the symbol "C" appears, the use shall be permitted subject to the issuance of a Conditional Use Permit, in accordance with Section 57.04, Conditional Use Permits and Minor Conditional Use Permits, of this chapter.
MC Where the symbol "MC" appears, the use shall be permitted subject to the issuance of a Minor Conditional Use Permit, in accordance with Section 57.04, Conditional Use Permits and Minor Conditional Use Permits, of this chapter.
O Where the symbol "O" appears, the use is subject to an alternative review process described in a subsequent footnote.
2. Accessory Uses.
a. Massage Services. Massage services may be allowed as an accessory use to any permitted or conditionally permitted medical office, medica l clinic, chiropractor practice, acupuncture practice, physical therapist, fitness and athletic facility, health care facility (such as hospitals, nursing homes and sanitariums), and accredited school, college, and university. Massage services, limited to massage of the head, neck, shoulders, hands and feet may be allowed as an accessory use to any permitted or conditionally permitted beauty salon, barbershop, and healing art practices. This section shall not exempt any person or business from complying with all the provisions of Title III, Chapter 6.
B. Prohibited Uses. The following uses are prohibited:
1. Uses where the symbol "NP" appears within Table 6.02-1.
2. The following uses are not permitted in any mixed use zone:
a. Adult Businesses as defined in Subsection 13.04, Adult Businesses, of this Chapter. b. Disinfecting and extermination business.
c. Ground level residential in the Ground Level Commercial Area as shown on the Midtown Specific Plan Land Use Map, Figure 3.1 and Zoning Map.
d. Outdoor storage of vehicles.
46 Item # C6.
14 Ordinance No. 38.847
e. Private self-storage facilities
f. Single family detached dwellings
g. Two family dwelling units
h. Drive through uses (restaurants, pharmacies, etc.)
C. Other Uses. Any other uses may be considered by the Planning Commission that are similar in accordance with the procedure, prescribed in Subsection 10-54.02, Other Uses Permitted by Commission, of this Chapter.
Table XI-10-6.02-1
Mixed Use Zone Uses
Use MXD MXD2 MXD3
Ground Level
(Facing Retail street)
Upper
Floor
1. Commercial Uses
Alcohol beverage sales C C C C
Commercial services1 MCS MCS MCS MCS
Grocery stores (supermarkets) C C C C
Pawnshops2 C C C C
Pet shops C NP NP NP
Retail stores, general merchandise3 MCS MCS MCS MCS Tanning salons P P P P
Thrift shops (used merchandise)
Retail P P P P
With collections C C C C
2. Entertainment and Recreation
Commercial athletic facilities P P P P
Motion picture theater (see 6 below)
Recreation or entertainment facility C C C C
3. Health and Veterinarian Uses
Animal grooming (no boarding) P P NP P
Hospitals or sanitariums4 C C C C
Massage establishment 1718 MC MC MC MC
Massage establishment, accessory 1718 MCS MCS MCS MCS Medical or dental offices and clinics P NP P P
Medical support laboratories P P P P
Optician and optometrist shop P P P P
Pharmacy or drug store P P P P
Veterinarian clinic P P P P
4. Lodging
Bed and breakfast P P NP NP
Boarding houses (3 or more persons) C C C C
Group dwellings C C C C
Hotels C P P P
Motels C C C C
5. Professional Offices, Financial Institutions and Related Uses4 Financial institutions (banks, savings and
loans, etc.)
MCS NP MCS P
47 Item # C6.
15 Ordinance No. 38.847
Offices3 MCS NP MCS P
6. Public/Quasi Public and Assembly Uses
Child care
Child care center C P C P
Day care school C C C
Large family child care home P P C P
Small family child care home P P P P
Instruction
Group 1314 P NP NP NP
Private P P P P
Park, playground or community center5 O O O O
Places of assembly4 C C C C
Public utilities C C C C
Schools, private (elementary, middle and
high)4
C C C C
Theaters (Indoor) C C C C
Trade and vocational schools4 C C C C
Transportation facilities2 C C C C
7. Residential Uses
Multi-family housing7 P NP P P
Transitional and supportive housing7 P NP P P
Accessory Dwelling Unit 1920 P NP P P
8. Restaurants or Food Service
Bar or nightclub C10 C10 C C10
Brewery/Eateries10 MCS MCS NP MCS
Catering establishments C C C C
Restaurants2 P/C P/C NP P/C P/C
With music (indoor/outdoor) P 10 P 10 P 10 P 10
With other live entertainment/dancing 11 and
entertainment
C C C C
With ancillary on-premise beer & wine with
no separate bar
P P P P
Mobile Food Vending (individual vehicle) 2021 P P NP P
Mobile Food Park 2021 MC NP NP MC
Commissary MC NP NP MC
9. Unclassified Uses
Artisan Studios & Live-work units,
woodworking or glassworking, plumbing or
metalworking and sign shops2
MCS MCS MCS MCS
Lobbies and entries for upper floor uses P P NP P
Model home complex 1112 P P P P
Mixed use developments 1213 P P P P
Planned Unit Development 1314 P P P P
Temporary seasonal sales 1415 P P P P
Short-Term Rentals 1819 P NP P P
10. Vehicle-Related Repair, Sales and Services
Auto sales and rental 1516 C C C C
Auto broker (wholesale, no vehicles on site)2 MCS MCS MCS MCS 48 Item # C6.
16 Ordinance No. 38.847
Vehicle service uses 1617 C NP NP C
1 Refer to Subsection XI-10-6.02-1(B), Performance standards for certain uses, of this Chapter, for standards. 2 Refer to Subsection XI-10-6.02-1, Special Uses, of this Chapter, for standards. 3 Refer to Subsection XI-10-6.02-1(B) Performance standards for certain uses, of this Chapter. 4 Refer to Subsection XI-10-6.02-2, Quasi-Public Uses, of this Chapter, for standards. 5 For parks, playgrounds or community center owned and operated by a government agency or a nonprofit community organization. 6 Refer to XI-10-13.14, Special Uses, Emergency Shelters, of this Chapter. 7 Ground level residential is prohibited in the Ground Level Commercial Area as shown on the Midtown Specific Plan Land Use Map, Figure 3.1. 8 Refer to XI-10-13.13, Special Uses, Single Room Occupancy Residences, of this Chapter. 9 Uses serving upper-floor residential uses, such as common gathering space, lobby, and resident services, may be allowed as ground floor uses where residential uses would otherwise not be permitted. 10 Reserved. Indoor or outdoor music is permitted as an accessory use on the same parcel in conjunction with a restaurant or bar that is a principal permitted use or approved conditional use in the MXD, MXD2, and MXD3 zones. See also Subsection XI-10-6.06(B) for additional regulations. 11 Examples of “other live entertainment” include, but are not limited to, stand-up comedy, theatrical shows, magic shows, and karaoke. 11 12 Refer to Subsection XI-10-13.11I, Model Home Complexes and Sales Offices, of this Chapter for temporary tract offices. 12 13 Which include only permitted uses.
13 14 Refer to Section XI-10-54.07, Planned Unit Developments, of this Chapter, for standards. 14 15 Refer to Section XI-10-13.11(D), Temporary Seasonal Sales, of this Chapter. 15 16 New and used auto, recreational vehicle and boat sales, excluding commercial vehicles, trucks, buses, vans, and farm equipment, with accessory repairs and services, only allowed if fully enclosed within a building. Bicycle and auto rental agency, excluding commercial vehicles, trucks, buses, vans, boats and RV rentals, only if fully enclosed within a building. 16 17 Refer to Subsection XI-10-6.02-2, Special Uses, of this Chapter, for standards. Service stations shall follow the “General development policy:
Gasoline service stations, and automotive service centers” adopted by the City Council on December 19, 1995. 17 18 Massage establishments are subject to Title III, Chapter 6 of the Milpitas Municipal Code and Subsection XI-10-13.16 of this title. Refer to Subsection XI-10-13.16, of this Title, for special provisions for massage establishments. 18 19 Only allowed within a dwelling unit, subject to the requirements of Subsection XI-10-13.17, Short-Term Rentals, of this Chapter. 19 20 Only allowed within multi-family dwellings, subject to the requirements of Subsection XI-10-13.08, Accessory Dwelling Units, of this Chapter.
20 21 Refer to Subsection XI-10-13.18, Mobile Food Vending, of this Chapter.
6.02-1 Mixed Use Zone Special Uses
A. Special Uses within all MXD zones. Certain uses noted in Table 6.02-1, Mixed Use Zone Uses may be allowed through the approval of a Conditional Use Permit and Minor Conditional Use Permits, in accordance with Subsection 57.04, Conditional Use Permits, of this Chapter, if they are not located within one thousand (1,000) feet of another same use listed below. This distance shall be measured from the property line of the parcel where such use is located.
1. Auto service uses, including but not limited to: gasoline service stations, car washes, tire shops, towing without vehicle storage and auto repair shops of all kinds, radiators, paint, body, glass, brakes, upholstery, and other similar types.
2. Local transportation service facilities (e.g. taxi, parce l service, ambulance, armored car, and van storage) without outdoor storage of vehicles.
3. Pawnshops.
B. Performance Standards for Certain Uses. For uses requiring approval of a Minor Conditional Use Permit by staff, in accordance with Section XI-10-57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter, the following performance standards below shall be met. 49 Item # C6.
17 Ordinance No. 38.847
1. Auto Brokers. Auto Brokers may be permitted by right if the following standards are met:
a. Local Sales and Use Tax . In order to assist the City of Milpitas in its efforts to receive direct distribution of the local tax on materials associated with the project, the California Sales and Use Tax (the “Local Tax”) shall be allocated to the project site, to the extent reas onably possible. Evidence of tax allocation or cause as to why such allocation cannot be made shall be submitted at the time of business license submittal.
2. Auto Service Uses. Auto Service uses shall comply with the following standards:
a. All operations shall be conducted completely within an enclosed building. b. Entrances to the service bays shall not be open to the street but shall be designed to face the rear or interior side property line.
3. Artisans, Plumbing, Metalworking, Sign Shops and Woodworking or glass working shops. These uses shall comply with the following standards:
a. All operations shall be conducted completely within an enclosed building. b. There shall be no dust, fume, or odor either emitted from the premise. c. The operations shall not create excessive vibrations. d. The operations shall be consistent with the City’s noise standards. e. Plumbing, metalworking, sign shops, woodworking or glass working shops shall not be closer than 1,000 feet of another same use measured from the property line.
4. Commercial Services uses shall comply with the following:
a. When located within the MXD zone:
i. Located in the area designated for ground floor retail and are less than or equal to ten thousand (10,000) square feet in gross floor area;
ii. Located in the areas not designated for ground floor retail and are less than or equal to fifty thousand (50,000) square feet in gross floor area. b. When located within the MXD2 and MXD3 zones they are less than or equal to fifty thousand (50,000) square feet in gross floor area;
c. They are not open past 10:00 p.m.;
d. They are not specifically noted in Table 6.02-1, Mixed Use Zone Uses, of this chapter, requiring Conditional Use Permit approval or listed as a prohibited use; e. They are not listed as a prohibited use in Section 10-6.02 (B), Prohibited Uses, of this Chapter.
If items a through c above are not met, then approval of a Conditional Use Permit is required in accordance with Subsection 57.04, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter.
5. Group Instruction uses shall comply with the following standards:
a. No loitering shall be permitted before or after any classes or sessions.
6. Restaurants may be permitted provided:
a. They provide no dancing or live entertainment;
ba. They have only ancillary on-premise consumption of beer and wine associated with food sales; cb. They have no separate bar area;
50 Item # C6.
18 Ordinance No. 38.847
dc. When located within the MXD2 and MXD3 zones they are located on the ground floor facing a public street designated as a retail mixed use street; and ed. They conform to the performance standards listed in this subsection (f) below.
If items (a) through (dc) above are not met, then approval of a Conditional Use Permit is required in accordance with Section 57, of this Chapter.
Fe. Restaurant Performance Standards. Restaurants shall comply with the following performance standards:
i. Seating shall not exceed that which the amount of parking allocated for the restaurant space would allow. A sign measuring at least one (1) foot by one (1) foot, with a lettering height of at least three (3) inches, shall be placed in a conspicuous location near the restaurant front entrance stating the maximum total seating allowed. Outdoor seating is allowed if it has been approved as part of the facility’s Minor Site Development Permit or Site Development Permit and is operated in conformance with any conditions of that approval.
ii. The restaurant shall comply with the City Council’s Guidelines for Recycling Enclosures (Resolution No. 6296).
iii. The restaurant shall incorporate measures to reduce odors to acceptable levels, including, but not limited to, installation of a scrubber, carbon filter or similar equipment, on the roof vent to control odors.
iv. All the facility’s floor drains, trash compactors and indoor mat and equipment washing areas shall be drained to the sanitary sewer.
v. Where applicable, the restaurant shall maintain an active account with a tallow hauling company.
vi. The restaurant shall prepare and implement a program assigning restaurant staff responsibility for complying with the following guidelines which shall be adhered to while the restaurant is in operation:
1) Wash all containers and equipment in the kitchen areas so that wash water may drain into the sanitary sewer.
2) Keep garbage dumpsters clean inside and out; replace very dirty dumpsters with new, clean ones.
3) Double bag waste to prevent leaking.
4) Place, do not drop or throw, waste-filled bags, to prevent leaking. 5) Keep the ground under and around the garbage dumpsters swept. 6) Sprinkle the ground lightly after sweeping with a mixture of water and a little bleach. 7) Hold training sessions to instruct employees on the proper procedures in the handling and disposal of food items; the general maintenance and use of the compactor and any other procedures that would assist the business in complying with all State and local health and sanitation standards. A record of such training must be kept to prove compliance with this requirement.
8) Post signs (in English and multi-lingual) inside the premises for all employees identifying procedures for food delivery and garbage disposal. 9) All garbage bins shall be stored in the garbage enclosure except for the twelve (12) hours immediately before and after garbage collection.
7. Retail and Offices shall comply with the following:
a. When located within the MXD zone:
51 Item # C6.
19 Ordinance No. 38.847
i. Located in the area designated for ground floor retail and are less than or equal to ten thousand (10,000) square feet in gross floor area;
ii. Located in the areas not designated for ground floor retail and are less than or equal to fifty thousand (50,000) square feet in gross floor area. b. When located within the MXD2 and MXD3 zones they are less than or equal to fifty thousand (50,000) square feet in gross floor area;
c. They are not open past 10:00 p.m.;
d. They are not specifically noted in Table 6.02 -1, Mixed Use Zone Uses, of this Chapter, requiring Conditional Use Permit approval or listed as a prohibited use; and e. They are not listed as a prohibited use in Section 10-6.02 (B), Prohibited Uses, of this Chapter.
If items a through c above are not met, then approval of a Conditional Use Permit is required in accordance with Section 57, Conditional Use Permits and Minor Conditional Use Permits, of this Chapter.
Title XI, Chapter 10, Section 6 ( Mixed Use Zones and Standards ), Subsection XI-10-6.06 ( Special Development Standards ) of the Milpitas Municipal Code is hereby amended to read as follows:
XI-10-6.06 Special Development Standards
A. Utilities.
1. Utilities shall be placed in underground or subsurface conduits.
2. All mechanical equipment, ground t ransformers and meters shall be located and screened to minimize visual impacts.
3. Rooftop mechanical equipment shall be concealed from street level views through roof designs that area architecturally integrated with the building, such as equipment wells and parapets.
4. Public utility distribution meters, vaults and similar installations shall be consolidated in a single area whenever possible and located away from highly visible areas such as street corners and public open spaces.
5. Backflow preventors shall be located within landscaped setback areas and painted black or dark green to minimize visual impact. Where no landscaped setback areas exist the backflow preventors shall be incorporated into the front of the building to minimize visual obtrusiveness.
6. Refuse and recycling containers shall not be visible from a public or private street. Such containers shall be stored either within the parking facility of the building or within a vehicular accessway with screening designed to meet the requirements of this section.
7. Trash enclosure walls shall incorporate building materials and colors that match the architecture of the building, and be well landscaped.
8. All telecommunications antennas shall be building I or roof mounted and screened appropriately.
9. On Main Street only telecommunication facilities that are disguised to appear as a part of the building architecture (i.e. “stealth” antennas) may be used.
B. Outdoor music
1. Outdoor music as an accessory use in conjunction with a restaurant or bar in the MXD, MXD2, or MXD3 zones shall be permitted for the entertainment and enjoyment of customers at the restaurant or bar during regular operating hours. Outdoor music as an accessory use shall be limited to the hours of 9:00 am to 11:00 pm.
52 Item # C6.
20 Ordinance No. 38.847
2. Recorded background music may be permitted outdoors on public sidewalks and other public areas subject to the standards of this Chapter and Title V – Public Health, Safety and Welfare, Chapter 213 – Noise Abatement.
3. Noise levels for outdoor music, when permitted as an accessory use to a restaurant or bar, shall not exceed a maximum range of 70 to 90 decibels (dB). See also Title V – Public Health, Safety and Welfare, Subsections V-213-2 and V-213-3, for additional regulations.
4. Larger outdoor music events, both live and recorded music, which are intended for the entertainment and enjoyment of the general public shall not be considered accessory uses and shall require a Special Event Permit pursuant to Section 15, Special Events and Activities, of this Chapter.
5. Minor outdoor music events, both live and recorded music, which are hosted onsite by a business with nine (9) or fewer employees shall be exempt from applicable permit and fee requirements.
SECTION 8. AMENDMENT OF MILPITAS MUNICIPAL CODE TITLE XI, CHAPTER 10, SECTION 15
Title XI, Chapter 10, Section 15 ( Special Events and Activities ), Subsection XI-10-15.03 ( Review Requirement ) of the Milpitas Municipal Code is hereby amended to read as follows:
XI-10-15.03 Review Requirement
Special Events shall require review and approval in accordance with Table XI-10-15.03-1, below.
Table XI-10-15.03-1
Review Requirements for Special Events
Threshold for review Planning Director
or Designee
Zoning
Administrator
Minor Events
Fewer than 250 participants or attendees
Takes place on a single day
No street closures or amplified sound
X
Minor Regular Events
Between 250 and 1,000 participants or attendees
Between one and four consecutive days (including set up and tear down).
• Any Special Event wWith or without amplified sound that does not exceed four consecutive days (including set up and tear down).
• Block parties on a residential street.1
X
Major Events
More than 1,000 participants or attendees anticipated Between four and seven consecutive days (including set up and tear down). 2
Any Special Event that exceeds four consecutive days
(including set up and tear down); up to seven days
wWith or without amplified sound
X
53 Item # C6.
21 Ordinance No. 38.847
and/orRequires street closures (other than block parties on a residential street) or any event that anticipates
crowds exceeding 1,000 people.2
Multiple ReviewsRecurring Events
Recurring Special Events (up to four events per calendar year): Applicant may request a one-time review and
issuance of a Special Event Permit for events which
occur up to four times per calendar year for a permissible duration of four consecutive days for each recurring
event.3
Multi-YearAnnual Events: Applicant may request a
Special Event Permit good for up to three years for
Special Events that will be held annually, for up to three consecutive years in the same location. Applicant must
demonstrate that the same event location, layout, date
and times are adhered to for each event.3
X X
Appeals or Revocations
Hearing on a notice of decision to deny an application for Special Event Permit or to revoke or appeal a Special
Event Permit.4
X
1 See MMC V-100-13.05
2 Permits for events exceeding seven days may be granted at the Planning Director's discretion. 3 Planning Director may recommend to Zoning Administrator for review and approval. 4 Appeals to the Zoning Administrator may only occur after denial or revocation by the Planning Director or designee.
Title XI, Chapter 10, Section 15 ( Special Events and Activities ), Subsection XI-10-15.04 ( Definitions ) of the Milpitas Municipal Code is hereby amended to read as follows:
XI-10-15.04 Definitions
The definitions set forth in this part shall govern the application and interpretation of this Section.
1. "Amplified Sound" means the use of any loudspeaker, public address system, amplifier, or any other device which electronically or mechanically increases the volume of the human voice, music, or any other sound.any sound created by the use of sound amplification equipment and/or performance with electric or acoustic instruments associated with a special event.
2. "Athletic Events" means a physical or endurance activity that includes but is not limited to races, runs, walkathons, bicycle tours and the like.
3. "Block Party" means a party for all the residents of a block or neighborhood, typically held on a temporarily closed City street.
4. "Business day" means any day except Saturday, Sunday and holidays observed by the City of Milpitas.
5. "Business License" means a permit issued by the City of Milpitas that allows individuals, companies, or other entities to transact and conduct business within the City limits. 54 Item # C6.
22 Ordinance No. 38.847
6. "City Official" means an authorized officer of the City of Milpitas as appointed by the City Manager or City Council.
7. "Director" means the Director or head of the department(s) designated to issue Special Event Permits, or such other person or persons designated by the Director to fulfill the responsibilities identified as the Director's responsibilities herein.
8. "Downtown" means the main business or commercial areas within the Midtown and Transit Area Specific Plan districts and the Town Center Zoning District.
9. "First Amendment Event" means conduct, the sole or principal object of which is the expression, dissemination or communication by verbal, visual, literary, or auditory means of opinion, views or ideas. Expressive activity includes, but is not limited to, public oratory and distribution of literature.
10. "Indigent Natural Person" includes, but is not limited to, a person enrolled or participating in a federal or state government assistance program for low-income or indigent persons such as general assistance, CalWORKS, Medi -Cal, food stamps, Supplemental Security Income (SSI), Women, Infants and Children (WIC), U.S. Department of Housing and Urban Development (HUD) Section 8 rental housing subsidy, and other subsidized or public housing.
11. "Indoor/Outdoor Facility Rental Agreement" means a rental agreement issued by the Recreation Services Department to conduct a special event in a park.
12. “Mobile Food Vending Event” means an event where two or more mobile food vehicl es gather in one location for a period of seven consecutive days or less.
13. "Outside Agency" means any local, state or federal regulatory agency responsible for administering permits to allow certain activities within their purview. Outside agencies includes but not limited to other City jurisdictions, Santa Clara Valley Water District (SCVWD), Santa Clara Valley Transportation Authority (VTA), California Department of Transportation (Caltrans), California Department of Alcoholic Beverage Control, Santa C lara Country Department of Environmental Health and Santa Clara County Roads and Airports.
14. "Parade" means an organized group marching in procession on a street. Parades do not include races, runs or other athletic events.
15. "Park", for purposes of this Section, means all outdoor areas managed by the Recreation Services Department, which are identified as a City park by the City, made available for use by the public as a park for recreation or open space purposes, and over which the City has the righ t of use for such purposes. The term "park" does not include outdoor areas adjacent to community centers not otherwise located within a City park, or property owned by school districts even if the property is used by the City for recreational purposes.
16. "Paseo" means a mall designed and used for pedestrian passage between two or more parallel streets and which is owned or controlled by the City. The definition of "paseo" includes any adjacent sidewalks.
17. "Permittee" means a person, company, corporation or entity that is given a permit or permission to hold a Special Event.
18. "Permit Applicant" means a person, company, corporation or entity that applies for a permit.
19. "Plaza" means a public square or similar open area in the downtown which is o wned or controlled by the City. The definition of "plaza" includes any adjacent sidewalks.
20. "Public Right-of-Way" means any street, alley, or similar parcel of land, which is deeded, dedicated, or otherwise permanently appropriated to the public for public use. 55 Item # C6.
23 Ordinance No. 38.847
21. "Regulations" means the policies, rules and regulations mandated by the City which govern the Special Event Permit and use of City sidewalks, streets, plazas, paseos, and parks.
22. "Simple Assembly" means a gathering of persons at a park, plaza or paseo that does not include any of the following:
a) The placement or erection of equipment or temporary structures other than one portable table and two chairs; or
b) Activities referenced in Section XI-10-15.04(23)(c) of this Code. c) For purposes of illustration, a simple assembly can be a large gathering of 150 persons; no equipment or structures (other than a table and two chairs) are placed or erected; and the other activities (i.e., cooking, sale or public distribution of food and commercial merchandise) are not involved. Nothing herein prevents the use of handheld equipment, including a loudspeaker, and handheld signs at a simple assembly.
23. "Special Event" (Minor, Regular, or Major) means any indoor or outdoor event that consists of any combination of the following:
a) A parade or assembly consisting of persons, animals, vehicles, or any combination thereof, which is to intended to assemble or travel in unison on any street and which does not comply with applicable traffic regulations, laws, or controls; b) An organized assemblage of 150 or more persons at a plaza, or park, or 75 or more persons on a paseo, or any assemblage that exceeds the maximum capacity of the plaza, park or paseo facility gathered for a common purpose un der the direction or control of a person or organization; or
c) An activity or event on a public right -of-way, plaza, paseo, park or private property which involves:
i. The placement or erection of equipment or temporary structures other than one portable table and two chairs, including but not limited to a booth, tent, canopy, stage, barricade, fencing, generator, heating equipment, sound amplifier, vehicle or float;
ii. The use of live animals, fireworks, pyrotechnics, electrical power and/or cabling, or equipment or materials that can create a risk of damage to public or private property or injury to persons; iii. Cooking or the sale, preparation for sale or commercial distribution of food or beverages; iv. The sale of commercial merchandise.
d) An activity which involves blocking off a street or other use of a street which obstructs the normal traffic thereon.
e) Examples of Special Events include, but are not limited to, concerts, parades, carnivals, fairs, festivals, block parties, public dances, street fairs, community events, sporting or athletic events, parties, meals, mobile food vending events, celebrations and receptions. f) For definitions of "Major ," "Regular," or "Minor" Special Events, see Table XI -10-15.03-1:
Review Requirements for Special Events.
24. "Special Event Permit" means a permit issued pursuant to this Section, which authorizes the holder to conduct a Special Event at a Special Event Venue in accordance with its terms and conditions. A Special Event Permit includes a Tempora ry Street Closure Permit, Temporary Assembly Permit, Business License, and any outside agency regulatory permits that may be required for the operations and activities for the aforementioned Special Event.
25. "Special Event Venue" means the outdoor area (i.e., private property, street, park, paseo, or plaza) for which a Special Event Permit has been issued.
56 Item # C6.
24 Ordinance No. 38.847
26. "Street" means a public or private right -of-way used for vehicular traffic that is owned, controlled or maintained by the City. The definition of "street" includes the entire street right-of-way inclusive of any and all adjacent sidewalks.
27. "Temporary Street Closure Permit" means a permit issued by the Chief of Police of the Milpitas Police Department or designee to conduct a special event on a public street.
28. "Temporary Assembly Permit" means a permit that is issued by the City of Milpitas Fire Marshal for the temporary assembly of 50 or more people associated with a Special Event.
29. "Temporary Collection Service Agreement" means an agreement between the Permittee and City's public service provider for the trash and recycling collection.
30. "Written Request" means written, typed or email correspondence submitted by the applicant to the Director or Designee. Text messages are not included.
SECTION 9. SEVERABILITY
The provisions of this Ordinance are separable, and the invalidity of any phrase, clause, provision, or part has no effect on the validity of the remainder.
SECTION 10. EFFECTIVE DATE AND POSTING
In accordance with Section 36937 of the Government Code of the State of California, this Ordinance takes effect 30 days from the date of its passage. The City Council hereby directs the City Clerk to cause this Ordinance or a summary thereof to be published in accordance with Sectio n 36933 of the Government Code of the State of California.
57 Item # C6.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Approve Report of Actions Taken by the City Manager During the City Council Summer Recess from June 21 through August 9, 2022 (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3056)
Category: Consent Calendar-Leadership and Support Services Meeting
Date:
8/16/2022
Recommendation: Approve Report of Actions Taken by the City Manager During the City Council Summer Recess from June 21 through August 9, 2022.
Background:
On June 21, City Council approved a delegation of authority to the City Manager, or his designee, to approve and execute project related documents, including contract documents, and urgent administrative items during the City Council summer recess from the last City Council meeting held in June through August 9, 2022. This delegation of authority was granted in order to ensure continued provision of critical services and benefits, legal compliance, and timely completion of projects.
The City is required by law to provide Workers’ Compensation benefits to injured workers. The City is self- insured and provides these benefits utilizing the expertise of the vendor, Sedgwick, who administers claims, including claims processing, claims management and managed care services, which includes medical assessment of injured workers, claims investigation, and the payment and settlement of claims.
Analysis:
To continue workers compensation administration and to ensure legal compliance with state law, a contract in the amount of $137,241 was executed with the current vendor, Sedgwick Claims Management for FY2022-23 services.
Fiscal Impact:
Under the delegated authority, $137,241 was appropriated from the General Fund and Enterprise Funds as part of the approval of the FY 2022-23 Adopted Budget.
California Environmental Quality Act:
Not applicable.
Recommendation:
Approve Report of Actions Taken by the City Manager During the City Council Summer Recess from June 21 through August 9, 2022.
Attachment:
1. Sedgwick Contract
58 Item # C7.
C/26290 1
SERVICE AGREEMENT FOR ADMINISTRATION OF
A CLAIMS PROGRAM
This Agreement is entered into effective the 1st day of July, 2 022 (“Effective Date ”), by and between Sedgwick Claims Management Services, Inc. (“Sedgwick”) and the City of Milpitas (“Client”).
RECITALS
1. Client self-insures its claims administration program for workers’ compensation risks and desires to have Sedgwick provide the specific services set forth below in connection with such self-insured program (the “Program,” as defined on Exhibit A, attached hereto).
2. Sedgwick is willing to provide su ch service s on the terms and conditions hereinafter stated.
AGREEMENT
1. Services to Be Performed by Sedgwick : Sedgwick agrees to perform the following services:
A. With regard to Claims Administration, Sedgwick shall:
(1) During the term of this A greement, review all claim and loss reports received from Client that are required to be reviewed under the Program (a “Qualified Claim”), and process each such claim or loss report in accordance with applicable statutory and administrative regulations;
(2) Conduct an investigatio n of each Qualified Claim to the extent deemed necessary by Sedgwick in the performance of its obligations hereunder;
(3) Arrange for independent investigators, appraise rs, or medical or other experts to the extent deemed necessa ry by Sedgwick in connecti on with processing any Qualified Claim;
(4) Pay benefits, expenses, and adjust or settle each Qualified Claim, but only if in the sole judgment of Sedgwick such payment wo uld be prudent for Client and the anticipated amount thereof d oes not exceed the limit specified in accordance with paragraphs 2F and 2G below, or as Client specifically approves or directs such action in writing;
(5) Maintain a file for each Qualified Claim which shall be the property of Client (for self -insured claims) or Insurer (for in sured claims) and which shall be available for review by Client or Insurer during normal business hours upon three (3) days prior written notice;
DocuSign Envelope ID: 9E1E1191-87CB-4A32-B11D-D30216E13A1E 59 Item # C7.
C/26290 2
(6) Notify Client’s first layer of insurance coverage for each Qualified Claim where the v alues may exceed Cl ient's retention, providing such insurer with necessary information on the current status of those claims, unless relieved of this obligation by Client pursuant to paragraph 2A;
(7) Assist Client’s co unsel, if requested, in prepa ring the defense of litiga ted cases arising out of Qualified Claims, negotiating settlements and pursuing subrogation or contribution actions;
(8) Maintain a current estimate of the expected total cost of each Qualified Claim which is based on facts known at the estimation date, b ut is not trended or actuarially developed;
(9) Use a proprietary data management system to furnish to Client agreed upon loss and information reports. These reports shall contain information such as each Qualified Claim date, condensed claim description, payments made, estimated future costs and total expected costs of all Qualified Claims, as well as summary and other data deemed relevant by Sedgwick, but not IBNR (incurred but not reported) claims or actuarially developed loss values; and
(10) Annually report federal, state and local 1099 information under Sedgwick’s tax identification number(s) for vendor payments issued by Sedgwick on bank a ccounts established and managed by Sedgwick on behalf of Client, but not for payment authorizations when Sedgwick does not issue the checks. Client recognizes and agrees that any earnings credits realized on the account(s) will be utilized to offset banking analysis fees related to any Sedgwick managed claim fund account. To the extent that earnings credits do not off -set all bank account fees, Client shall pay the additional bank account fees due.
B. Sedgwick will provide managed care services as set forth in the attached Managed Care Service Schedule.
C. Sedgwick shall provide the special in vestigative unit (SIU) services set forth in the attached SIU Service Schedule.
D. Sedgwick will provide the MMSEA/SCHIP Reporting services a s set forth in the Medicare Reporting Services Schedule attached hereto.
E. Sedgwick will provide the clinical consultation services as set forth in the Clinical Consultation Services Schedule attached hereto.
2. Obligations of Client:
DocuSign Envelope ID: 9E1E1191-87CB-4A32-B11D-D30216E13A1E 60 Item # C7.
C/26290 3
A. Client shall provide Sedgwick in a timely manner with its first layer of insurance coverage for the policy y ears necessary for proper notification of applicable Qualified Claims to such first layer insurers by Sedgwick. Should Client fail to provide this information, Sedgwick shall be relieved of any such re porting obligations.
B. Client shall pay to Sedgwick a service fee whic h, in the initial term of this Agreement, shall be computed and payable as shown in Exhibit B, attached hereto and made a part of this Agreement, plus applicable taxes, if any. Client shall reimburse Sedgwick for the reasonable and customary pre-approved out-of-pocket expenses incurred by Sedgwick such as pre-approved travel expenses in conjunction with the services being p erformed. If Client, in its sole discretion, requests Sedgwick to perform services outside of th e scope of work listed her ein, then Client shall compensate Sedgwick for such services at Sedgwick’s then applicable standard rates for such services.
C. Client shall at all times provide funds adequate for the payment of Q ualified Claims, including alloca ted loss adjustment expenses. For purposes of this Agreement, all ocated loss adjustm ent expenses shall me an all costs, charges or expenses incurr ed by Sedgwick , its agents or its employees which are properly chargeable to a Q ualified Claim including, with out limitation, court costs; fees and expenses of attorneys; appea l bonds; independen t adjusters; investig ators; appraisers; vocational services, training or ev aluation; medical expenses and medical cost contai nment service providers (including those provi ded by Sedgwick, if applicable); durable medical equipment; rehabilitation services; experts and witnesses ; fees for obtaining statements, diagram s, reports, re cords, documents, transcripts, depositions, Medicare reporting and compliance services fees and costs, index bureau filings and re -filings, and photographs; cost of file retrieval; cost associated with the pursuit of subrogation and/or Spec ial Injury Fund claims; hearing representation services; and travel fees an d ex penses incurred at Client’s reque st. Sedgwick may, but need not, elect to utilize its own staff or affiliated entities to perform these services. Associated fees and costs will be charged as allocated loss adjustment expenses.
D. Client shall deposit funds f or payment of Qualified Claims , including allocated loss adjustment expenses, in a bank account or accounts (the “Claim Account”).
Client shall be responsible for providing su fficient funds to enable Sedgwick to write checks on the Claim Account fo r use in the payment of Client ’s Qualified Claims. Such funds shall be provided by electronic funds tr ansfer at the inception of the Program and replenished by electronic funds transfer promptly from time to time thereafter. The amount of the escrow requ ired for the Claim Account may be modified in the following instances:
(1) There is a substantial increase or decrease in claims payment activity;
(2) Client fails to fund the Claim Account within the agreed upon time period; DocuSign Envelope ID: 9E1E1191-87CB-4A32-B11D-D30216E13A1E 61 Item # C7.
C/26290 4
(3) There is a change in funding cycle;
(4) The escrow is recalculated at Client’s request; or
(5) The escrow amount is automatically recalculated on an annual basis.
E. It is expressly understood that S edgwick shall not be required to advance its own funds to pay losses or allocated loss adjustment expenses for any Qualified Claim hereunder. It is further understood that if Client fails to promptly provide funds sufficient to allow required payments to be made timely , or if funds previously provided by or on behalf of Client are seized, frozen or otherwise unav ailable to Sedgwick to allow required payments to be made timely o n account of the bankruptcy, receivership, or other insolvency proceeding of Cli ent [or Insurer, in cases where Insurer funds claim accou nt], Sedgwick wi ll h ave no obligation to perform any claims payments services during any period of underfunding.
F. Sedgwick shall have full discretion to make an individual payment of an allocated loss adjustmen t expense in an amount up to $ 0.00 on an y Qualified Clai m and shall not need the approval of Cli ent to make such payments. This amount may be changed at any t ime by Clien t upon ten (10) days prior wr itten notice to Sedgwick. It is agreed that Sedgwick shall have full authority and control in a ll matters pertaining to the payment, processing, investigation and administration of Qualified Claims within the limit established by this paragraph.
G. Sedgwick shall have full discretion to redeem, compromise or settle any Qualified Claim for an amount not to exceed $0.00 and shall not need the approval of Client to consummate such redemption, compromise or settleme nt. This amount may be changed at an y time b y Client upon ten (10) days prior w ritten notice to Sedgwick. Failure of Sedgwick to settle a Qualified Claim within such limit, however, shall not subject Sedgwick to any liability whatsoever in the event of a n adverse judgment entered by any cou rt or the settlement of such Qualified Clai m for an amount in excess of such limit.
H. Should Client fail to make t imely payments of any service fees due Sedg wick or should Client in any other way breach a material ter m of this Ag reement, Sedgwick shall then have the right to refuse to perform any further servi ces or terminate this Agreement . If Sedgwick elects to exe rcise its rights under this paragraph, in addition to all other legal or equitable remedies, Sedgwick w ill have the right to the fees for services performed up to the date of termination and may collect such fees not subject to a good faith reasonable payment dispute from any loss fund that may be in Sedgwick's care, custody and control.
I. Upon receipt of any form of notice advis ing of facts which are or may be a Qualified Claim, Client shall promptly assign the Qualified Claim to Sedgwick for management. Client shall p romptly provide Sedgwick with such i nformation DocuSign Envelope ID: 9E1E1191-87CB-4A32-B11D-D30216E13A1E 62 Item # C7.
C/26290 5
as Sedgwick may require, including, but not limited to, any copy of documents describing its Program , including but not limited to documents subm itted to any legal, administrative or regulatory authority for approval of the Prog ram, as well as inci dent reports and related information in Client’s possession and otherwise cooperate with Sedgwick in carrying out Sedgwick’s tasks hereunder.
3. Discontinuance of Operations:
Should Client discontinue its business for any reason, all fees due Sedgwick shall be paid immediately. Sedgwick shall have no further obligati on to continue to prov ide the services called for in this Agreement, and, at Sed gwick’s option, this Agreement shall be considered terminated as of the date Client ceases operations or is subject to a bankruptcy or receivership filing, either voluntarily or involuntarily.
4. Covered Jurisdictions:
This Agreement shall cover all operations of Client in the state of California.
5. Term of Agreement and Termination:
A. The term of this Agreement shall be for t he period comm encing on July 1, 2022 and ending on June 30, 20 25. The Client, at its sole discretion, may elect to extend the term of this Agreement two (2) additional one (1) year terms for the periods of July 1, 2025 through June 30, 2026 and July 1, 2026 through June 30, 2027 by giving thirty (30) days written notice to Sedgwick prior to the expirat ion of the then current term.
B. This Agreement may be terminated by eith er party at any time, provided that at least sixty (6 0) d ays pri or written notice of the effective date of termination is given to the other party.
C. Sedgwick is providing se rvices to Client on a life of contract basis. If requeste d by Client, Sedgwick will continue to process Client’s Qualified Claims remaining open a t the expiration or termination of this Ag reement, if any, provi ded that Client shall continue to make adequa te funds available for the payment of such Qualified Claim s, including any alloc ated loss adjus tment expen ses and pay information technology fees, fees for encrypted data files, program management fees, a nd any other applicabl e fees. This provision shall not apply unless the additional fee for this service shall ha ve been negotiated and agreed to i n writing prior to the effective date of termination.
D. Upon expiration or termination of this Agreement, Sedgw ick shall deliver, at Client’s sole cost, the hard copy or imaged f iles, at Client’s discretion, that Sedgwick has maintained for Qualified Claims ( but not including any co mputer hardware, firmware, software or other proprietary information of Sedgwick), except those Sedgwick has agreed in writing to continue to process or f iles that DocuSign Envelope ID: 9E1E1191-87CB-4A32-B11D-D30216E13A1E 63 Item # C7.
C/26290 6
are owned by Insurer; provided, however, that Sedgwick or its agents, employees or attorneys shall continue to be entitled to inspect all such files and make copies or extracts there from. Imaged fil es shall be transferred to Client in the same electronic format. Client shall p ay Sedgwick a one-time payment for transition of Qualified Claims as consideration for Sedgwick’s associated costs, which costs may include, but are not limited to, carrier coordination, coordination with the new third party administrator, if any, necessary mailings and notifications, catalog and t ransfer of hard inventor y, digital record ing retrieval & transfer, ad vanced TTD payments, multiple loss runs, payment history for advanced TTD, claim hot list, banking reconcilia tion, va lidation of bi llings paid i n field prior to tran sfer, field examiners validation and release o f p ending payment s, client services & parameters group time (B2B interface shutoff, intake shutoff, CSI shutdown), as well as technology items such as preliminary and final data extract, image extract, bill rev iew e xtract, MMSEA ex tract and hierarchy stru cture extract. If Client does not agree to a ccept such files , they will be retai ned or destroyed at Sedgwick's option, in accordance with applicable laws, and Client shall have no recourse against Sedgwick for failure to retain them.
E. Should Clie nt ter minate the Agreement for convenience within the first twelve months of the Agree ment, the Client shall pay Sedgwick fees equal to three months of the servic e fees. Should Client terminate f or conve nience with in the second twelve months of the Agreement, the Client shall pay Sedgwick fees equal to two months of the service fees. Termination fees are payable within thirty (30) days of the date of notice of such termination.
6. Professional Advice:
Nothing in this Agreement is intended to requir e Sedgwick to engage in the practice of law, and services provide d shall n ot be considered le gal, tax or accounting advice, a nd Sedgwick shall in no event give, or be required to give, any legal opinion or provide any legal, tax or accounting representation to Client. Client acknowledges that Sedgwick has been engaged to provide certain professional services and that it is not the intent of the parties that Sedgwick assume any insurance risk. Sedgwick shall not act as an insurer for Client, and this Agreem ent s hall not be c onstrued as an insurance policy; it being understood tha t Sedgwick is in no event finan cially responsible f or payment or satisfaction of Client’s claims, lawsuits, or any form of cause of acti on against Client from Sedgwick funds.
7. Indemnification:
A. Sedgwick shall be fully responsible for exercising reaso nable care at all t imes in the performance of its obligations hereunder. However, Sedgwick shall have no responsibility to assume or be resp onsible for a ny litigation, proceeding, or any claim or demand , unless and until the parties agree or a finding is entered to the effect that it arises from Sedgwick’s failure to exercise such reasonable care in the performance of its obligations hereunder . Sedgwick agrees to indemnify, hol d DocuSign Envelope ID: 9E1E1191-87CB-4A32-B11D-D30216E13A1E 64 Item # C7.
C/26290 7
harmless and defend Client, its directors, officers, employees and agents from and against any a nd all liabilities, loss o r damage that they may suffer as a r esult of any claim, demand, cost or judgment against them arising out of the negligence or willful misconduct of Sedgwick or Sedgwick’s subcontractors in connection with its performance under this Agreement, provided that such acts or omissions do not arise out of or relate to instructions, procedures or forms supplied by Client or to Client's internal management or Client’s adjustment of its claims . Each party agrees to keep the other fully informed of a ny matter for which it is def ending, holding harmless or indemnifying the other party. Each party reserves the right to appoint it s own counsel , at its own expense, rega rding a ny m atter defended hereunder and to approve any settlements of same.
B. Notwithstanding anything to the contrary contained in the above paragr aph, it is understood and agreed that if Client, directly or through a subcontractor or vendor of Client’s choosing (“Client Subcontractor”), retains administration of a claim or performs an y services for a claim Sedgwick administers, or if Client otherwi se directs the admi nistration of a c laim, C lient wi ll be responsibl e for any acts or omissions of such Client Subcontractor or self -administration and to the extent permitted under applicable law, C lient shall indemnify, defend, and h old Sedgwick, its offi cers, directors, employees and agent s harmless from the losses, damages, costs, judgments and expenses (including attorneys’ fees and costs) as a result of any litigation or proceeding, fines, penalties, revocation of license, or any other state regulatory investigation or action arising aga inst Sedgwick related to the acts or omissions of Client or the Client Subcontractor.
C. If Client's access to claim data inc ludes the ability to add and modi fy data, Sedgwick shall not be requi red to verify, or othe rwise be res ponsible for, the accuracy of data added or modified by Client.
D. The parties agree that in no event shall Sedgwick’s liability under this Agreement exceed the service fees paid (or to be paid in the first twelve (12) months of the Agreement) to Sedgwick f or the twelve (12) months immediately p rior to the event from which the claim or mat ter a rises. IN NO EVENT SHALL
SEDGWICK BE LIABLE FOR ANY LOSS OR DAMAGE TO REVEN UES,
PROFITS OR GOODWILL OR OTHER SPECIAL, INDIRECT, INCIDENTAL
OR CONSEQUENTIAL DAMAGES OF ANY KIND RESULTIN G FROM ITS
PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREE MENT
OR RESULTING F ROM THE FURNISHING, PER FORMANCE, USE OR
LOSS OF USE OF ANY SOFTWARE , SYSTEM, SI TE, OR DELIVERABLE
PROVIDED TO CLIENT HEREUNDER, INCLUDING WITHOUT
LIMITATION ANY INTERRUPTION OF BUSINESS, EVEN IF SEDGWICK
HAS BE EN ADVISED OF T HE POSSIBILI TY OF SUCH LOSS OR
DAMAGE.
E. Notwithstanding the f oregoing, an indemnifying party w ill not sett le a c laim DocuSign Envelope ID: 9E1E1191-87CB-4A32-B11D-D30216E13A1E 65 Item # C7.
C/26290 8
without the indemnified party’s written consent, unless such settlem ent results in (i) a full release of all parties, (ii) no liability to the indemnified party or future obligation of the indemnified party, and (i ii) no adm ission of wrongdoing by Client or Sedgwick.
F. The provisions of this section shall survive the exp iration or termina tion of the Agreement.
8. Network Security/Confidentiality:
A. If Client’s access to the data management sy stem requires a network connection (the “Network C onnection”) between Client's network and Sedgwick’s network, Sedgwick and Clien t shall take reaso nable and customary precautions to prevent unauthorized access to or use of the Network Connection through th eir respective networks. The parties agree, howev er, that ea ch party is responsible for the security of its own network. Neithe r party shall be l iable to the other for unauthorized access to the Network Connection, so long as the accused party shall have taken reasonable and customary precau tions to pre vent s uch u nauthorized access.
B. Whether or not marked as such, and withou t regard to the me dia in w hich such records are stored, “Confidential Information” shall mean:
(1) any business or technical i nformation pertaining to the parties h erein or to third parties, which is furnished, disclosed or made available by one party to the other, includi ng, with out limitation, speci fications, prototypes, software, marketing plans, financial data and personnel statistics; and
(2) Medical records, reports and information, as well a s any other non - medical records, reports or information p ertaining to claim ants under the Program.
C. Each party agrees to protect Confidential Information received hereunder with the same degree of care that such party exercises w ith its own confidential information (but in no event less than reasonable care ) and to limit acc ess and disclosure of Confidential Information only to their employees, agents and contractors who have a “need to know,” and who agree to maintain confidentiality in accordance with this section , except as required by law . Notwithstanding the foregoing, Client ag rees to permit Sed gwick to compile and d isseminate aggregate, de -identified inf ormation for auditing, compliance, internal assessments, process improvement and related analytics, benchmarking purposes.
Further, Sedgwick shall be entitle d, without violat ion of this s ection and wi thout the prior consent of Client, to retain c laims administra tion information and to forward claims administration information to gove rnment agencies to the extent required by law for the proper performance of the services set forth herein.
DocuSign Envelope ID: 9E1E1191-87CB-4A32-B11D-D30216E13A1E 66 Item # C7.
C/26290 9
D. The prov isions of this s ection shall surviv e the expir ation or termina tion of the Agreement.
9. Notices:
Any notice required to be g iven und er this Agreement shall be sent b y c ertified or registered ma il, postage prepai d, to General Cou nsel - Americas, Sedgwick Claims Management Services, Inc., 8125 Sedgwic k Way, Memphis, TN 38125, i n the case of Sedgwick, and to Purchasing Agent, City of Milpitas, 455 E. Calaveras Blvd. , Milpitas, CA 95035, in the case of Client.
10. Assignment:
Neither Party may assign its rights or obligations under this Agreement without the prior written consent of the other party . Notwithstanding the foregoing, Sedgwick may assign or subcontract part of the services required hereunder and may at its discretion delegate to a subsidiary or affiliate such of its duties as it deems appropriate, provided that su ch subcontracting or delegation shall not relieve Sedgwick of any of its o bligations hereunder and Sed gwick will be res ponsible for the acts or omissions of Sedgwick ’s subcontractors and shall indemnify the City in accordance with Section 7.A.
11. Entire Agreement and Modification or Amendment:
This Agreement and its attach ed exhibits and sched ules represents th e full and final understanding of the p arties with respect to the subject matter described herein and supersedes an y and all prior agreements or understandings, written or oral , ex press or implied. This Agreement may be modified or amend ed only by a writt en statement signed by both parties.
12. Applicable Law:
The terms and conditions of this Agreement shall be gove rned by the laws of the State of California without reg ard to conflicts of law principles. If any dispu te or cla im arises hereunder that the parties are not able to resolve amicably, the parties agree and stipulate that such litigation shall be resolved in the C ounty of Santa Clara, in the S tate of California, and the parties irrevocably submit to the exclusive venue and juris diction of such cour t fo r the purpose of any such a ction or proceeding. In t he event of a dispute between the parties resulting in litigation, the prevailing pa rty m ay, in addition to any other relief obtained, recover its court costs and reasonable attorney’s fees.
13. Force Majeure:
Neither party shall be l iable to the other p arty or be deeme d to have breached this Agreement for any f ailure or delay in th e pe rformance of all or any po rtion of its obligations under this Agr eement if s uch failure or delay is due to any conti ngency beyond its reasonable control (a “force majeure”). Without limiting the generality of the DocuSign Envelope ID: 9E1E1191-87CB-4A32-B11D-D30216E13A1E 67 Item # C7.
C/26290 10
foregoing, s uch c ontingency includes, but is n ot limit ed to , acts of God, fires, floods, pandemics, storms, earthquakes, riots, boycotts, strikes, lock-outs, acts of terror, wars and war operati ons, restraints of g overnment, power or communication line failure or othe r circumstance beyond such party’s reasonable c ontrol, or by reason o f the bankruptcy, receivership or oth er insolvency procee ding of any bank or other financial institution where funds to pay losses an d allocated loss adjustment expenses are held, or by r eason of a judgment, ruling or order of any court or agency of competent jurisdiction or change of law or regulation subsequen t to the execution o f this Agreement. Both parties are obligated to provide reasonable back -up capability to avoid the potential interruptions described above. If a force majeure occurs, the party delayed or unable to perfo rm shall give immediate notice to the other party. Client acknowledges that the foregoi ng provision does not apply to Client's obligation to payment of any fees due Sedgwick once payment capabilities are restored.
14. Headings:
Headings herein are for convenience of reference only an d shall not be considered in any interpretation of this Agreement.
15. Relationship of Parties; Expenses:
Nothing contained in this Agreement shall be deemed to c reate a partnership or jo int venture between the parties hereto; the only relationship among the parties shall be that of independent parties to a contract. Except as expressly provided herein, no party h ereto shall have authority or shall hold itself out as having authority to act for or bind any other party hereto. Except as expressly set for th herein, each party shall bear all expenses it may incur in connection with the execution, delivery and performance of this Agreement.
16. Waiver of Breach:
Failure of either party hereto to require the performance by the other party hereto of any obligation under th is Agreem ent shal l not affect its right s ubsequently to requ ire performance o f that or a ny other obligation. Any waiver by any party her eto of any breach of any provision o f this Agreement shall not be construed as a continuing waiver of any such provision or a waiver of any succeeding breach or modification of any other right under this Agreement.
17. Subcontractor Disclosure:
Through contractual arrangements with subcontractors, Sedgwick provides a full range of medical management and investigative s ervices t o its cl ients, as well a s str uctured settlements, claim indexing services, imaging, auto-bill adjudication, and extra -territorial claims ad ministration services . Medical management services include, but are not limited to, bill review, network access, pharmacy benefits management, peer review, field case management, elect ro-medical devices, bone growth stimulators, ortho tics, prosthetics, tr anslation and interpretat ion, transportation, medical supplies, IV and DocuSign Envelope ID: 9E1E1191-87CB-4A32-B11D-D30216E13A1E 68 Item # C7.
C/26290 11
respiratory therapy, home health, and durable medical equipment. Client recognizes and agrees th at d elivery of so me of t hese services are being provided pursuant t o separate agreements between subcontractors a nd Sedgwick. Invoices for these services will be paid as allocated loss adjustment expenses on individual claims, unless otherwise agreed between C lient and Se dgwick. Notwithstanding the foregoing, Client agr ees and understands that Client is obligated to make payment to the subcontractors either directly or by remitting such payment to Sedgwick, for any money due for subcontracted services which ha ve been prov ided under this Agree ment. Client acknowledges th at Sedgwick receives a portion of charges for subcontracted services as reimbursement for cost of program managem ent, administration, and technological and service enha ncements. In no event will charges to Client exceed the amount indicated in the Agreement.
18. Equitable Adjustment:
This Agreement contemplates that the standards applicable to this Agreement are those in effect o n the dat e of this Agre ement, whe ther s uch stan dards are set forth in statute s, regulations, rules , orders, case law or otherwise. In the event of a change in a service standard, the parties shall discuss i n good faith an equitable adjustm ent in its compensation if such change increases Sedgwick’s cost of providing the services under this Agreement or reduces its profitability.
19. Substitution of Key Personnel
Substitution of Key Personnel. Sedgwick has represente d to City that cert ain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Sedgwick may substitu te other personnel that Sedgwick will endeavor will be of at least equal competence and experi ence upon written a pproval o f C ity. In the event that Ci ty and Sedgwick cannot agr ee as to the substitution of key personnel, City shall be entitled to terminate this Agreement, but in absence of such termination Sedgw ick’s replacement personnel will be considered approved. As discuss ed below, any personnel who fail or refuse to perfor m the Services in a man ner a cceptable to City, or who are determin ed by City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by Sedgwick at the request of City. The key personnel fo r performance of this Agreement will be identified separately by Sedgwick.
20. Insurance
Sedgwick shall not commence work for the Client until it has provided evidence satisfactory to the Client it has secured all insurance required under Exhibit D (Insurance Requirements), attached hereto and incorporated herein by this reference.
DocuSign Envelope ID: 9E1E1191-87CB-4A32-B11D-D30216E13A1E 69 Item # C7.
C/26290 12
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates written below.
CITY OF MILPITAS
Approved By:
Steven G. McHarris, City Manager
Date
Approved As To Form:
Michael Mutalipassi, City Attorney
Approved:
Lauren Lai, CPA, MPA
Finance Director/Risk manager
Approved As To Content:
Jeannine Seher, Human Recourses Director
SEDGWICK CLAIMS MANAGEMENT
SERVICES, INC.
Signature
Name
Title
Date
DIR Registration Number (If Applicable)
DocuSign Envelope ID: 9E1E1191-87CB-4A32-B11D-D30216E13A1E J. Edward Peel
Vice President
Jun-30-2022
Jul-07-2022
70 Item # C7.
C/26290 13
EXHIBIT A
SERVICE PROGRAM OVERVIEW
I. Introduction
Sedgwick is administering the self-insured workers’ compensation claims for Client as follows:
State Serviced: California.
Sedgwick Servicing Office: Roseville, CA
Insured Claims (if applicable):
A portion of Client’s progr am is insured. C lient shall provide the relevant policy information, including a c omplete copy of all a pplicable policies, as soon as reasonably practical after same becomes available.
II. Account Coordination
On behalf of Client, this service program will be coordinated by:
Christopher Schroeder
City of Milpitas
455 E. Calaveras Blvd.
Milpitas, CA 95035
Telephone # 408.586.3161
Fax # 408.526.3170
On behalf of Sedgwick, this service program will be coordinated by:
Jessica Proserpi
Sedgwick Claims Management Services, Inc.
1101 Creekside Ridge Dr. #100
Roseville, CA 95678
Telephone # 916.960.0929
Each p arty reserves the r ight to change its desi gnated representative durin g the term of the Agreement.
DocuSign Envelope ID: 9E1E1191-87CB-4A32-B11D-D30216E13A1E 71 Item # C7.
C/26290 14
EXHIBIT B
SERVICE FEES
Client shall pay t he following fees on a life of contract basis for services p rovided during the term of this Agreement:
1. Claim Administration Fees - Flat Annual
Year
July 1, 2022
and ending
June 30, 2023
July 1, 2023
and ending
June 30, 2024
July 1, 2024
and ending
June 30, 2025
July 1, 2025
and ending
June 30, 2026 -
Option
July 1, 2026
and ending
June 30, 2027
- Option
WC Dedicated
Adjuster $137,241 $142,044 $147,016 $152,162 $157,488
Client acknowledge s that the claim fees set forth in this section 1 are bas ed on the assumption tha t Client will forward to Sedgwick all c laims ari sing under the Program within the applicable time period in a covered jurisdiction.
2. Miscellaneous Charges
Client shall pay the following fees for services provided during the p eriod beginning on July 1, 2022 and ending on June 30, 2025:
A. viaOne access, which includes five ( 5) users, is included in the Claim Administration Fees. Additional access is availab le for a fee of $ 870 per user per year. Sedgwick will mak e available, thro ugh Sedgwick’s proprietary claim s system, claim -related data with “we b-enabled” access. Client will have “view only” access to th e system for the term specified or as contemplated in Section 5(C) of this Agreement. Client will bear responsibility for its own hardware, software, connection a nd s imilar costs for acc essing the electronic claims management system.
B. $26,525 per data source converted for up to 100,000 records in the source.
C. Intake by any means other than utilizing Sedgwick Call Center or web reporting technology (i.e. fax, e-mail) will incur a fee of $22 per report
D. Client shall pay for storage of claim files which were c losed at the ti me that Sedgwick ob tained th e Pro gram. Sedgw ick’s liability for such fi les shall be subject to the same limitations as contained in its written agreements with storage service providers, if any.
3. Invoicing
DocuSign Envelope ID: 9E1E1191-87CB-4A32-B11D-D30216E13A1E 72 Item # C7.
C/26290 15
All recurring claims admini stration fees are billed o n a quarterly bas is in advance bas ed on annual estimates. The estimates are subject to audit thirty (30) days after the conclusion of each contract year.
4. Care Management Fee Schedule
All claims administration fees and services contemplate the deployment of Sedgwick’s managed care services for all bill review and case management services. Managed care fees a re detailed below and fees not expressed as a percent age are subject to rate increases of 3.5% annually , unless otherwise disclosed.
Service Rate
Medical bill review
State fee scheduling/usual, customary, and
reasonable; state reporting $9.20 per bill
Provider networks
Enhanced savings 26% of savings
Preferred provider organization (PPO)
networks/out of network services 26% of savings
California outcomes-based statewide medical
provider network (MPN) (all California bills) $15.65 flat rate per bill Telephonic Clinical Services
Telephonic case management:
· Telephonic Nurse Case Manager,
· Surgery Nurse Case Manager
$105 per hour
Utilization Review & Peer Review
Utilization review $149.00 per review
Physician advisor/peer review $275 per review
Field Case Management
Medical field case management: Full field
$105 per hour, plus direct expenses
Specialty task services: Life Care Plan, Expert
testimony, customized services
$165 per hour
Field Case Management Tasks:
One visit clinical assessment
$720 flat fee
Limited Assignment Task $105 per hour
Specialty task services: Life Care Plan, Expert
testimony, customized services
$165 per hour
Vocational and work placement solutions
Transitional work placement (at not-for-profit) $900 for placement or no-show Return to work (RTW) specialist $105 per hour (1)
Telephonic RTW
Workplace consultation - program/policy design
and planning $200 per hour, plus direct expenses
Vocational - full FCMA $105 per hour, plus direct expenses (1) DocuSign Envelope ID: 9E1E1191-87CB-4A32-B11D-D30216E13A1E 73 Item # C7.
C/26290 16
Service Rate
Vocational field tasks:
Vocational assessment/testing $950 flat fee
Labor market survey $640 flat fee
Automated transferable skills analysis $360 flat fee
Job analysis or ergonomic evaluation $790 flat fee
(1) Alaska, California, New York, and Hawaii @
$135 per hour; CAT @ $185 per hour
Clinical consultation services
Clinical consultation
Standard (24x7x365 access to nurse): $90 per
triage call
Premium (blended nurse intake option): $105 per
triage call
Advanced (ability to customize workflows): $115
per triage call*
*level of customization may warrant
additional fees
Sedgwick managed care administrative services
Lien resolution*
28% of the below fee schedule savings
subject to minimum fee of $125 and
cap of $7,500 per lien
Expert witness testimony or hearing
representation charged at $125 per
hour plus direct expenses
Sedgwick standard medical card* No charge; customization starts at $3,500
Mandatory state panel postings* Included in Sedgwick bill review program fees
Non-Mandatory state panel postings $9 per panel, adjusting to $10 per panel year 3 - 5
*Fees not subject to increase
5. SIU Service Fees
The charges set forth below are the current fees for the services listed, and these fees may change from time to time upon sixty days prior written notice to Client:
Service name Price
Research services
Social media investigation $275
Smart plus investigation $475
Comprehensive
background
$525
Canvassing services $250
Skip tracing/individual
locate
$175
DocuSign Envelope ID: 9E1E1191-87CB-4A32-B11D-D30216E13A1E 74 Item # C7.
C/26290 17
Service name Price
Asset check $225
Criminal and civil check $135 plus cost of records
Additional counties: $35 (per county)
Records request $100 plus cost of records
Social media monitoring $25 per week of monitoring
Other research services Quote upon request
Surveillance services
Surveillance
$85 per hour (portal to portal): All other states
$95 per hour (portal to portal): California, Hawaii
and New York
Mileage charged at IRS standard mileage rate
Additional expenses to hourly rate:
Report writing (up to 1/2 hour per day at standard
surveillance rates)
Pre-surveillance investigation: $85
License plate searches: $10 (post prelim)
Unmanned surveillance
$700 per day (three-day minimum)
Deployment and extraction of stationary device:
$85 per hour: All other states
$95 per hour: California, Hawaii and New York
Mileage charged at IRS standard mileage rate
Video copies $60 per additional copy plus shipping
Field services
Alive and well check - in
person
$325: All other states
$350: California, Hawaii and New York
Alive and well check -
virtual interview $125
Activity check $350: All other states
$375: California, Hawaii and New York
AOE/COE
Recorded statement
Scene investigation
Trial/deposition
$85 per hour (portal to portal): All other states
$95 per hour (portal to portal): California, Hawaii
and New York
Mileage charged at IRS standard mileage rate
International investigations Quote upon request
Other field services Quote upon request
Assessment services
Suspect file review $95 per hour
Fraud investigation
(includes state reporting) $95 per hour
SIU intelligence program
Workers’ compensation and general liability —
$150 per claim triggered (includes up to three claim
triage reviews per claim triggered)
Other assessment services Quote upon request
DocuSign Envelope ID: 9E1E1191-87CB-4A32-B11D-D30216E13A1E 75 Item # C7.
C/26290 18
6. Subrogation and Other Recoveries:
A. Sedgwick s hall pursue recoveries f or subrogation, second injury funds, and ot her applicable special fun ds such as supplemental s tate funds, COLA r eimbursements, retro funds, and other similar funds. Client shall pay Sedgwick twenty percent (20%) of th e recovery rece ived. All fees and exp enses, includi ng attorneys’ fees or investigations, fo r pursuit of any recovery shall be charge d to the appropria te Qualified Claim file as an allocated loss adjustment expense.
B. As determined by the parties, Sedgwick shall either:
a. Deposit the recovery funds and issue payment from Sedgwick’s accounts Payable system to Client for the net r ecovery (l ess Sedgwick’s fee ). Sedgwick will deposit the net recovery check into the Client’s loss-funding account or forward it directly to the Client.
b. Deposit the r ecovery funds into the Clien t’s loss-funding account a nd Sedgwick shall receive payment from the claim file or directly from Client.
7. MMSEA/SCHIP Medicare Reporting Fee
The charges set forth below are the current fees for the services listed, and these fees may change from time to time upon sixty days prior written notice to Client:
One time $9 charge per claim for claims in volving bodily injuries (WC, liability, no fault).
8. Payment Terms
Client acknowledges that all fees set forth in the Agreement are due and pa yable within thirty (30) days o f the invoi ce. Any and all past due fees will incur interest at the non-compounding rate of 1 .0% per month, unle ss otherwise prohibited by law or not subject to a good f aith payment dispute by Client in writing. Client acknowledges that in the event Sedgwic k undertakes collection proceedings for any outstanding fees, then Client will re imburse Sedgwick for all costs associated with such collection action, including a reasonable attorney fee and court cost.
All fees are contingent upon claim management from Sedgwick’s systems.
DocuSign Envelope ID: 9E1E1191-87CB-4A32-B11D-D30216E13A1E 76 Item # C7.
C/26290 19
MANAGED CARE SERVICE SCHEDULE
Client has chosen the following managed care services, as defined herein:
(1) Provider Fee M anagement - The bil l review process reviews bill s against up-to- date and accurate mandated state fee schedule s or the u sual and customary (“UCR”) da ta base, whichever is appropriate, to reveal exce ssive, du plicate, or inappropriate charges.
(2) Preferred Pro vider Organization ( “PPO”) Networks - Sedgwick will arrange for access and channeling to national and r egional PPO networks including sp ecialty networks (Diagnostics, Physical Therapy, etc.) under the managed care program in conjunction with the Provider Fee Management service.
(3) Hospital Bill Review - Hospital or outpatient non-PPO bills will be reviewed by a nurse for possible errors or excessive charges relative to the pat ient's medical diagnosis at Sedgwick's or Client's request.
(4) Out of Network Bill Review – Bills from out of network health care providers will be reviewed, and if appropriate a negoti ation with the billing provider w ill be pursued. Additionall y, inpatient and outpatient procedures that are not addressed by an individual state’s fee schedule or UCR will be repriced to a geographically driven and c ost t o c harge repricing database to det ermine app ropriate reimbursement.
(5) Specialty Usual and Custom ary Review – Sedgwick’s vendors will apply geographic charges (fee for same procedure charged by other pr oviders in sam e area) and cost to char ge ratios (act ual cost to provider for procedure or h ospital stay v. amount charged) to det ermine reimbursement of medical s ervices billed that are not addressed within the jurisdictional fee schedule or usual and customary reimbursement.
(6) Field Case Management - Sedgwick will assign appropriate cases for field medical and vocational management services.
(7) Utilization Review, which includes the following components:
(a) Prospective Review - a review prior to treatment or admission conducted by an experienced re gistered nurse to validate or negotiate the nece ssity, setting, frequency, intensity and duration of care delivery.
(b) Concurrent Review - during the course of treatment, a review of treatment and planned procedures and establishment of target completion dates.
(c) Retrospective Utilization Review- a review post treatment conducted by an experienced registered nurse to identify inappropriate treatment utilization.
(d) Peer Review - physician-to-physician contact to re solve t reatment and DocuSign Envelope ID: 9E1E1191-87CB-4A32-B11D-D30216E13A1E 77 Item # C7.
C/26290 20
diagnosis questions.
(8) Prescription Services – Pharmacy program m ade available to Cli ent’s employees whereby a net work of ph armacies, local to Employer sites/employee residences will provide prescription medications related to the work related injury with no out of pocket expenses to the employee.
(9) Pharmacy review services include a review of all current medications prescribed to the claimant as well as a review of over the counter medication being taken by the claimant. T he purpose of the revi ew is to evaluate wheth er t he m edications prescribed to and/or taken by the claimant are appro priate for treatment of the injury or a ilment which is the subject of the un derlying claim bei ng administered by Sedgwick.
(10) Telephonic Case Management services are described below and are available upon request and for an additional fee.
(11) Complex fi le rev iew (nurse review) - Hospital or outpatient non -PPO bills t hat meet sp ecific, pre -established criteria may b e reviewed by a nur se for possible errors or excessive charges relative to the patient’s medical diagnosis.
Additional Managed Care Services
Telephonic Case Management
Sedgwick w ill provide a te lephonic m edical case management progra m in which nurse cas e managers receive early n otice o f a worker's in jury and telephonically manage the appropriate cases. Other elements of the Telephonic Case Management program include:
• The managem ent phase includ es ongoing return to work (“RTW”) and t reatment p lan management and negotiation. The treating physician will be contacted within forty-eight (48) hours to assess/determine the treatment and RTW plan, including any negotiation required to approve the treat ment plan. The Clien t may also be cont acted to a ssess/determine RTW opportunities. By continuing to contact the injured worker, the provider, and the Client, case management is best able to facilitate early RTW and appropriate treatment.
• The case may go simultaneously to th e assigned claim e xaminer and nurse or the Sedgwick claims professional will make initial contacts to determine compensability and triage based on preset triggers and/or the claims professional's judgment to d etermine if the case will be sent to a telephonic case management nurse.
• Throughout the telephonic case management process, telephone contact will be made with the provider, employee, and Client . Status reports will be provid ed, wi thin seventy-two (72) hours, to the claims profe ssional vi a documentation in the data m anagement system as significant events (e.g., surgery, treatment plan updates, RTW status, etc.) occur in a case, and no less often than every thirty (30) days.
If, at the end of thirty ( 30) days, the case has not closed, t he nurse ca se manager will contact the claims professional with a recommendation. At that time, the case will either:
DocuSign Envelope ID: 9E1E1191-87CB-4A32-B11D-D30216E13A1E 78 Item # C7.
C/26290 21
Close based on a decision by the claims professional
Continue with case management on a month-to-month basis until closure and/or RTW and/or maximum medical improvement (MMI).
Be referred for Field Case Management
Documentation of this contact will be tran smitted electronically to the data mana gement system.
• Sedgwick claims offices will receive standard, open, closed, referred, and savings reports. All information collected will allow for i nsured l evel, by off ice rep orting. Client customized communication reports may carry an additional char ge to be borne directly by Clien t. If this is the case, these charges will be detailed in a separate document to be agreed upon in writing between the parties.
Evaluation and Recommendation
The Sedgwick Evaluation and Recommendation program involves triage conta ct with the injured worker, treating physician and, if appropriate and necessa ry, Client, to dete rmine treatment and return to work (“RTW”) plans and appropriateness for telephonic case management.
• In the evaluation and recommendation phase, a Sedgwick nurse will receive demographic and initial claims professional contact information and open the case. The treating physician will be contacted within forty-eight (48) hours to assess/determine the treatment and RTW plan, including any negotiation require d t o approve the treatm ent pl an. The Client may als o be contacted to assess/determine RTW opportunities.
• Status reports will be provided, within seventy-two (72) hours to the claims professional via documentation in the data management system as signif icant events (e.g., sur gery, treatment plan updates, RTW status, etc.) occur in a case, and no less often than every thirty (30) days.
• Continued te lephonic case m anagement will proceed on only those cases i n which c linical activities can assist in resolvi ng medical or RTW issue s at t he discretion of the Se dgwick claims professional. These activities require regular contact with the injured worker, treating physician or therapist, and Client, as appropriate.
DocuSign Envelope ID: 9E1E1191-87CB-4A32-B11D-D30216E13A1E 79 Item # C7.
C/26290 22
SIU SERVICE SCHEDULE
Sedgwick Special Investigations Unit (“Sedgwick SIU”) will provide centralized management of investigative serv ice vendors and w ill m aintain a national vend or lis t of approved service providers based upon client o r local S edgwick o ffice prefe rence. Sedgwick SIU will esta blish quality benchmarking and en sure its ven dors are properly licensed and m aintain insurance coverage as mandated in vendor agreements with these firms.
Sedgwick SIU will serve as a central refer ral and c oordination unit pro viding the following SIU services for the fees itemized in Exhibit B:
1. Assessment services including case review, consultation, action plan de velopment, state fraud filing, claim file demand and fraud packaging.
2. Field services including surveillance, activity checks, alive and well c hecks, and on-site investigations including recorded statements, AOE/COE, and scene investigations.
3. Research services including comprehensive background checks, internet searches, facility canvasses public records, skip tracing, criminal, civil and asset checks.
4. SIU compliance services including carrier and state annual rep orting and fraud awareness training.
5. And, other services as outlined in Exhibit B.
DocuSign Envelope ID: 9E1E1191-87CB-4A32-B11D-D30216E13A1E 80 Item # C7.
C/26290 23
MEDICARE REPORTING SERVICES SCHEDULE
To a ssist the Clie nt i n fulfilling Client’s Medicare benefi ciary r eporting obligations und er Medicare, Medicaid an d State Child ren’s Health Insu rance Program Ext ension A ct of 2007 (“MMSEA”) Section 111 a s set forth in 42 U.S.C. §1395y(b)(7)&(8) and the CMS User Guide (“User Guide”) publish ed on March 16, 2009 (and as ame nded and revised), Sedgwick will perform the following reporting services:
1. Sedgwick will electron ically interfa ce w ith the Ce nters for Medicare an d Med icaid Services (“CMS”) to c apture and report data in th e format prescr ibed by the CMS Specifications.
2. Sedgwick will report di rectly to CMS on behalf of Client as an Ac count D esignee (reporting agent), as such term is defined in the CMS User Guide as amended from time to time by CMS.
3. Client will be considered a Responsible Reporting Entity (“RRE”) as that term is defined in the User Guide.
a. Client wil l be responsi ble f or maintaini ng a valid RRE Identi fication Number as described in the User Guide and is a condition precedent to Sedgwick preforming the duties under this sect ion. Failure to maintain the RRE Identification Number w ill result in Sedgwick’s inability to properly report claims on behalf of t he Client.
Sedgwick assumes no respon sibility fo r mai ntaining a valid RR E Identification Number on behalf of the Client.
4. Sedgwick will assist Client as follows:
a. Sedgwick will e lectronically interface with the Cent ers f or Medicare and Medicaid Services (“CMS”) to captur e and repo rt data in the format prescribed by the User Guide.
b. Sedgwick will report directly to CMS on behalf of the Client as an Account Designee (reporting agent), and/or Account Manager as such term is defined in the User Guide. c. Sedgwick will prepare t he required data fil es and submit them to CMS on a periodic basis in order to properly query and report the appropriate files as defined in the User Guide.
5. Sedgwick will be responsible for payment of any and all fines assessed to Client regarding compliance with the Medicare beneficiary reporting requirements of Medicare, Medicaid and SCHI P Extension Act of 2007 that relat e to the negligent a cts or omis sions of Sedgwick except to the extent that:
a. Such fines or penalties are the direct result of specific direction given by Client and/or its agent or the actions or omissions of Client and/or its agent; or b. Sedgwick did not rec eive information from Client th at is essential to the performance of the duti es set forth herein in a timely manner so as to be able to comply with the terms of this Agreement.
DocuSign Envelope ID: 9E1E1191-87CB-4A32-B11D-D30216E13A1E 81 Item # C7.
C/26290 24
CLINICAL CONSULTATION SERVICES SCHEDULE
Sedgwick will provide clinical consultation services. Clinical consultation services allow a nurse to speak with the injur ed employee at the tim e tha t th e clai m is reported in o rder to ma ke recommendations whether medical intervention is needed . At the time of the initial call to Sedgwick, the injured employee will be transferred to a nurse who will utilize clinical guidelines to assess the injury, recommend immediate return-to-work or refer the claimant to the appropriate medical treatment provider, and document the care recommendation.
Sedgwick w ill make outbound calls to the inj ured employee on appropriate c laims to obta in injured employees status and conduct the c linical co nsultation survey 24 hours af ter the initial clinical consultation call.
The current fee for agreed up on clinical consultation services are set forth in Ex hibit B, but this fee will be revi ewed and agreed upon annually w ith sixty days written notice to Client of any changes. The fee for this service shall be added to Client’s periodic invoicing.
DocuSign Envelope ID: 9E1E1191-87CB-4A32-B11D-D30216E13A1E 82 Item # C7.
C/26290 25
EXHIBIT D
INSURANCE REQUIREMENTS
Please refer to the insurance requirements listed below. Those that h ave an “X” indicated in the space before the requirement apply to the Agreement.
Sedgwick shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Sedgwick.
Sedgwick shall provid e i ts insurance broker(s)/agent(s) with a copy of these requir ements and request that they provide Certificates of Insurance complete with copies of all required endorsements.
Sedgwick shall furnish Client with copies of original endorsements affecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approve d by Client before w ork commences. Client has the right to require Sedgwick’s insurer to provide complete, c ertified copies of all required insurance poli cies, including endorsements affecting th e coverage required by th ese specifications.
Commercial General Liability (CGL):
_X__ Coverage at least as br oad as ISO Form CG 00 01 coverin g CGL on an “occurrence” basis , including products and completed operations, property damage, b odily injury and personal and advertising injury with limits no less than $1,000,000.00 pe r occurrence. If a general aggregate l imit applies, either the general aggregate limit shall apply s eparately to this p roject/location or the general aggregate limit shall be twice the required occurrence limit.
Automobile Liability:
_X__ Coverage at le ast a s broad as ISO Form N umber CA 0 001 covering, Code 1 (any auto), of if Sedgwick has no owned autos, Code 8 (hired) and 9 (non -owned), with limits no l ess than $1,000,000.00 combined single limit for bodily injury and property damage.
Professional Liability (Errors and Omissions):
_X__ Insurance appropriates to Sedgwick’s profession, with l imit no less than $1,000 ,000.00 each wrongful act, $2,000,000.00 aggregate.
Workers’ Compensation Insurance:
_X__ Insurance as r equired by the State of Califor nia, with Statutory Limits, and Empl oyer’s Liability Insurance with limit of n o less than $1,000, 000.00 per accident for bodily injury or disease. (Not required if Sedgwick provides written verification it has no employees)
The Employer’s Liability policy shall be endorsed to waive any right of subrogation as respects the Client, its elected and appointed officials, officers, attorneys, agents, and employees.
DocuSign Envelope ID: 9E1E1191-87CB-4A32-B11D-D30216E13A1E 83 Item # C7.
C/26290 26
Cyber Liability Insurance
_X__ Cyber Liability Insurance with limits not less than $1,000,000.
Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Sedgwick in this Agreement and shall include, but not be lim ited to, claims involving infringement of intellect ual property, including but not limited t o inf ringement of copy right, tradema rk, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion, and network security.
The policy shall provide coverage for breach response costs as well as regulatory fines and p enalties, and credit monitoring expenses with limits sufficient to respond to these obligations.
Other Insurance Provisions:
The insurance policies are to contain, or be endorsed to contain the following provisions:
_X__ Additional Insured Status and Primary/Non-Contributory Language:
Contractor’s general lia bility and automobi le l iability policies shall be primary and shall not seek contribution from the Client’s coverage and be endorsed to include the Client and its elected and appointed officials, officers, attorneys, agents, employees and volunteers as additional insureds under such policies using Insurance Services Office form CG 20 10 (or equivalent) on the general liability policy. For construction projects, an endorsement providing comple ted operations coverage for the additional insured on the general liability policy, ISO form CG 20 37 (or equivalent), is also required.
The limits of insurance r equired in this Agreement may be sat isfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall c ontain or be endorsed to con tain a provision that such coverage shall also apply on a primary and non -contributory basis for the benefit of Client (if agreed to in a written contract or agreement) before th e Client’s own insurance or self-insurance shall be called upon to protect it as a named insured.
Sedgwick may submit evidence o f Builder’s Risk insurance in t he fo rm of Course of Co nstruction coverage. Such coverage shall name the Client as a loss payee as their interest may appear.
__X_ Notice of Cancellation, Suspension or Otherwise Voiding Policies:
Should any of the ab ove described policies be cancelled bef ore the expiration date thereof , notice will be delivered in accordance with the policy provisions.
__X_ Waiver of Subrogation:
Sedgwick hereby grants to the Client a waiver of any right to s ubrogation which any insurer of said Sedgwick may acquire again st t he Client by virtue of the payment of any loss under such insu rance.
Sedgwick agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the Client has received a waiver of subrogation endorsement from the insurer. The Wo rkers’ Compensation Policy shall be endorsed with a waiver of subrogation in favor of the Client for all work performed by Sedgwick.
DocuSign Envelope ID: 9E1E1191-87CB-4A32-B11D-D30216E13A1E 84 Item # C7.
C/26290 27
THE FOLLOWING PROVISIONS APPLY TO ALL AGREEMENTS
Deductibles and Self-Insured Retentions (“SIR”):
The Client may require Sedgwick to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. At the option of the Client, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the Client, its elected and appo inted officials, officers, attorneys, agents, and employees; or (2) Sedgwick shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
All SIRs must be disclosed to Risk Management for approval and shall not reduce the limits of liability.
Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the Client.
Client reserves the right to obtain a full-certified copy of any applicable insurance policy language and/or endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.
Acceptability of Insurers:
Insurance is to b e placed with insurers wit h a current A.M. Best’s rating o f no less than A -:VII, unless otherwise acceptable to Client.
Claims Made Policies: (note - should be applicable only to professional liability, see below)
1. The Retroactive Date must be shown and must be before the dat e of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidenc e of insurance must be prov ided for at least three (3) years after completion of contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, Sedgwick must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work.
4. A copy of the claims reporting requirements must be submitted to the Client for review.
5. If the s ervices involve lead -based pain t or asbestos identification /remediation, the Contractor’s Pollution Liability Policy shall not co ntain lead -based paint or asbe stos exclusions. If the services involve mold identification/remediation, the C ontractors Pollution Liability Policy shall not c ontain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Verification of Coverage:
Sedgwick shall furnish the Client with original certificates and amendatory endorsements or copies of t he applicable policy language effect ing coverage req uired by this clause. All cer tificates and en dorsements DocuSign Envelope ID: 9E1E1191-87CB-4A32-B11D-D30216E13A1E 85 Item # C7.
C/26290 28
are to be received and approved by the Client before work co mmences. However, failure to o btain the required documents prior to the work beginning shall not waive Sedgwick’s obligation to provide them.
Special Risks or Circumstances
Client reserves the right to mo dify these requirements, in cluding limits, based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.
Failure to Comply:
Each insurance policy r equired above shall contain or be endorsed to contain that any fail ure to c omply with reporting provisions of the policies shall not affect coverage provided t o the Client, its elected and appointed officials, officers, attorneys, agents, and employees.
Applicability of Coverage:
Each insurance pol icy required above shall c ontain or be endors ed to contain that the Sedgwick’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect
DocuSign Envelope ID: 9E1E1191-87CB-4A32-B11D-D30216E13A1E 86 Item # C7.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Authorize and Approve Travel to Long Beach, CA for City Manager Steve McHarris to Attend the Annual Conference of the League of California Cities to be held September 7 – 9, 2022; and Appoint City Manager Steve McHarris as the City’s voting delegate for the 2022 Annual Conference. (Staff contact: Ashwini Kantak, Assistant City Manager, 408-586-3053)
Category: Consent Calendar-Leadership and Support Services Meeting
Date:
8/16/2022
Recommendation: 1.) Authorize and approve travel to Long Beach, CA for City Manager Steve McHarris to attend the Annual Conference of the League of California Cities held September 7 – 9, 2022, for an estimated not-to-exceed amount of $2,000 budgeted under Conferences/Trainings allocation for the City Manager’s Office; and 2.) Appoint City Manager Steve McHarris as the City’s voting delegate for the 2022 Annual Conference.
Background:
The City of Milpitas is a member city of the League of California Cities, based in Sacramento, CA. Each year, the League hosts its annual conference for local elected and appointed officials. This year, the conference will be held in Long Beach, CA from September 7 through 9, 2022, and will offer educational and innovative leadership sessions across a variety of formats, with a roster of more than 100 speakers. City Manager McHarris plans to attend the conference this year.
The conference registration fee is $600.00 per attendee. Additional costs will include accommodations for a two-night hotel stay which is estimated at $478.00 (excluding hotel taxes/fees); meals estimated at $92.00; air travel fee is $162.96; ground transportation, and any other related conference costs. The total estimated cost for the City Manager to attend the conference is approximately $2,000.00 and will be covered by budgeted amounts in the FY 2022-23 Adopted Budget.
Analysis:
The City of Milpitas Travel and Expense Policy requires approval of travel for elected officials and the City Manager by the City Council. Council approval of this request will allow City Manager McHarris to travel to Long Beach to represent the City, and act as the voting delegate, in lieu of the elected officials. Attendance at the conference will also offer the City Manager the opportunity to garner additional knowledge from other elected officials and administrators and to share knowledge with the City Council and City staff. Participation and attendance in these types of conferences ensure that the Milpitas community is fully represented at the local, state, and national levels and is in alignment with the City’s adopted Legislative Advocacy Policy.
Policy Alternatives:
Not applicable
Fiscal Impact:
The estimated expenses for the conference in Long Beach, CA are $2,000.00 (registration, transportation, and hotel). Sufficient funds are available in the City Manager’s Office allocation of $15,000 for Conferences / Trainings budget to pay for the requested travel expenses.
87 Item # C8.
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:
1.) Authorize and approve travel to Long Beach, CA for City Manager Steve McHarris to attend the Annual Conference of the League of California Cities held September 7 – 9, 2022, for an estimated not-to-exceed amount of $2,000 budgeted under Conferences/Trainings allocation for the City Manager’s Office; and 2.) Appoint City Manager Steve McHarris as the City’s voting delegate for the 2022 Annual Conference.
Attachments:
Attachment 1: Draft 2022 League of California Cities Annual Conference and Expo Schedule
88 Item # C8.
Schedule at a Glance
Wednesday, Septem ber 7
Registration Open/Voting Delegates Booth Open
8:00 a.m.–6:00 p.m.
Ci
ty Clerks Workshop
(additional registration required)
8:30 a.m.-1:00 p.m.
AB 1234 E
thics Training
10:00 a.m.–noon
R
egional Division Lunches*
11:30 a.m.–1:15 p.m.
Fi
rst Time Attendee Orientation
12:45-1:15 p.m.
O
pening General Session
1:30-3:30 p.m.
C
oncurrent Educational Sessions
3:45-5:00 p.m.
G
rand Opening Expo Hall and Host City Reception
(exhibitor exclusive; no competing events)
5:00-7:00 p.m.
C
itiPAC Leadership Reception
7:00-10:00 p.m.
T
hursday, Sep tember 8
Registration Open/Voting Delegates Booth Open
7:00 a.m.–4:00 p.m.
C
oncurrent Educational Sessions
8:30-9:45 a.m.
E
xpo Open
9:00 a.m.-3:00 p.m.
G
eneral Session
10:00 a.m.-noon
A
ttendee Lunch in Expo Hall
11:45 a.m.-1:00 p.m.
ATTACHMENT 1
89 Item # C8.
General Resolutions Committee
1:00-2:15 p.m.
Concurrent Educational Sessions
1:00-5:30 p.m.
Regional Division* and Caucus Events
Evening
Friday, September 9
Registration Open
7:30 a.m.-12:30 p.m.
Regional Division Breakfast*
7:30-9:00 a.m.
Concurrent Educational Sessions
8:30-11:15 a.m.
AB 1661 Sexual Harassment Prevention Training
9:15-11:15 a.m.
Closing Session and General Assembly (includes lunch)
11:30 a.m.-2:00 p.m.
Schedule subject to change.
*Check with your regional public affairs manager for specific day/time.
NOTE: Conference registration is required to attend all conference activities including Department and Division meetings and the General Assembly.
90 Item # C8.
Conference Schedule
Wednesday, September 7
City Clerks Workshop: Fair Political Practices Commission: A Workshop for Filing Officers
8:30 a.m.-1:00 p.m.
Representatives from the Fair Political Practices Commission will conduct a multipronged training for filing officers about their roles and responsibilities under the Political Reform Act. Topics of review will include conflict-of-interest filings by designated employees, candidate campaign filings, and new or proposed regulations. New and seasoned professionals alike will benefit from this wholesale review as they prepare for the upcoming election.
Speakers:
Chloe Hackert, Education & External Affairs Unit Manager, Fair Political Practices Commission
Adam Ramirez, Political reform consultant, FPPC
Understanding Public Service Ethics Laws and Principles (AB 1234) 9:00-11:00 a.m.
State law requires elected and appointed officials to receive two hours of training in specified ethics laws and principles every two years. Newly elected and appointed officials must receive this training within one year of becoming public servants. Join a panel of experts as they help you navigate the ethics laws and principles. The Institute for Local Government is a State Bar of California minimum continuing legal education (MCLE) approved provider and certifies this activity meets the standards for MCLE credit by the State Bar of California in the total amount of 2 hours (general credits). Provider #13881. * Sign-in will begin 30 minutes prior to the session and you must be present for the full two hours to receive the certification of attendance. Entry will be prohibited once the session begins.
Speakers:
Aleks R. Giragosian, Esq., Colantuono, Highsmith & Whatley Andrew Jared, Senior Counsel, Colantuono, Highsmith & Whatley Public Works Department Meeting
11:00-11:30 a.m.
City Managers Department Business Meeting
11:00 a.m.-noon
Opening General Session
1:30-3:30 p.m.
Legal Issues: Land Use and CEQA
3:30-5:00 p.m.
This session will provide a city-focused update on land use and California Environmental Quality Act litigation. MCLE credit is available.
Legal Issues: Affordable Housing Covenants: Ensuring Continued Affordability 3:30-5:00 p.m.
This session will provide an overview of best practices for administering a local affordable housing program that ensures affordable housing units are built and affordability requirements are enforced. MCLE credit is available.
Fire Chiefs Department Business Meeting
3:45-4:15 p.m.
Fiscal Officers Department Meeting
3:45-4:15 p.m.
Ending Poverty in California Cities
3:45-5:00 p.m.
California cities have faced massive change over the past two years. For communities of color, the fallout of the pandemic created fear and anxiety. Black/African American and Asian American/Native Hawaiian/Pacific Islander residents have experienced higher rates of violence, job loss, and rising housing costs. Community-based organizations and cities have worked on strategies to address the underlying causes of these issues, including 91 Item # C8.
guaranteed basic income programs. Learn how to finance the startup of a guaranteed basic income program, sustain financing over time, and evaluate the impacts of the program.
Planned with the African American and Asian Pacific Islander Caucuses.
Moderator:
Lois Takahashi, Director and Houston Flournoy Professor of State Government, USC Price School in Sacramento
Speakers:
Mark Nagales, Mayor, South San Francisco
Michael Tubbs, Founder, End Poverty in California (EPIC) Making Equity Stick: City Charter Revisions and Other Systemic Changes 3:45-5:00 p.m.
The National Civic League recently revised its 120-year-old Model City Charter to provide guidance on everything from city management to equity and public engagement. This session will explore how communities can work together to make equity and civic engagement permanent fixtures of local governance, whether in city charters, policies, or agencies. Panelists will introduce concepts from the new model regarding equity and engagement and discuss their work to make equity and engagement lasting features of their communities.
Moderator:
Doug Linkhart, President, National Civic League
Speakers:
Harry Black, City Manager, Stockton
Mary Casillas Salas, Mayor, Chula Vista
Barbara Halliday, Mayor, Hayward
How to Stay Out of Trouble: Avoiding Council Chaos
3:45-5:00 p.m.
Council members are elected to be trustworthy and loyal stewards of public services. Using real-life examples, this session will cover the topics council members need to understand to avoid allegations of misconduct and to have a functional council. Join this session to learn the roles of a city council versus individual council members and who holds which privileges; and how to handle confidential material; safeguard attorney-client privileged information; and understand fair process hearing standards.
Speakers:
Amy Ackerman, Partner, Renne Public Law Group
Jenica Maldonado, Partner, Renne Public Law Group
Climate Action Plans in Practice: San Leandro and Ontario Case Studies 3:45-5:00 p.m.
California cities of all sizes have adopted climate action plans to help meet the state’s long- term energy reduction targets. In both Ontario and San Leandro, sustainability goals required civic leaders to take bold action to produce positive outcomes. As a result, these cities have preserved critical services and drastically reduced annual greenhouse gas emissions. San Leandro and Ontario both demonstrate cities’ capacity to adapt and hedge against climate change. In this session, learn how these two communities envisioned and accomplished their goals — and how other cities can do the same.
Moderator:
Tyler Girtman, Regional Manager, Climatec
Speakers:
Tito Haes, Director of Public Works, Ontario
Frances Robustelli, City Manager, San Leandro
Supporting Housing in Your Community Through Policy, Finance, and Communications 3:45-5:00 p.m.
As cities throughout the state strive to meet aggressive RHNA goals, many are running up against obstacles. If they have land, they lack developers. If they have developers, they often have community opposition. In this session, local leaders will share creative policies, innovative financing strategies, and new marketing techniques to help you steer clear of the pitfalls on the road to encouraging more housing in your community. 92 Item # C8.
Speakers:
Darrell Steinberg, Mayor, Sacramento
Heather Vaikona, President and CEO, Lift to Rise
Scaling Up: Fostering Innovation Through Technology Pilot Projects 3:45-4:05 p.m.
As California cities face tight budgets, cities like Long Beach have invested in programs that procure and pilot innovative solutions to pressing civic challenges. This session will highlight three innovative, data-informed pilot projects in the city of Long Beach from the last two years. Participants will learn why pilot projects are a transformative low-cost strategy for exploring technological solutions in an accessible, equitable, and cost-effective manner, and how they can design procurement workflows to scale from idea to pilot project, and eventually, full contract.
Speaker:
Ryan Kurtzman, Smart Cities Program Manager, Long Beach Infrastructure Recovery After Disaster: 2018 Camp Fire
4:15-4:35 p.m.
The most destructive fire in California history, the Camp Fire, destroyed 90% of the town of Paradise. Public infrastructure was heavily impacted and has required creative solutions for recovery. Hear the lessons learned on the road to infrastructure recovery, and how regional cooperation and leveraging financial resources have supported the path forward.
Speaker:
Marc Mattox, Public Works Director/Town Engineer, Paradise Personnel and Employee Relations Department Meeting
4:30-5:00 p.m.
California's Statewide Park Development and Community Revitalization Program 4:45-5:05 p.m.
With over $1 billion invested, California's Statewide Park Development and Community Revitalization Program includes a detailed public engagement process for improving park access in underserved communities. Learn how this interactive, three-step model can improve access to the community outreach process, create an authentic dialogue with residents, and lead to better outcomes for a broad range of public projects.
Speaker:
Sedrick Mitchell, Deputy Director, Community Engagement, California State Parks
93 Item # C8.
Thursday, September 8
Supporting Local Small Businesses to Raise Community Capital 8:30-9:45 a.m.
There is a crisis of capital access for many small businesses: 83% of businesses do not have access to bank loans or venture capital. Hear from a securities lawyer and capital raising coach on how local governments and community-based organizations can create an ecosystem that helps small local businesses raise investment capital from their community of customers, supporters, and fans. Discover how to set up the necessary infrastructure so that capital can flow to these unsung heroes of our communities.
Facilitator:
Jenny Kassan, Council Member, Fremont
Defending Institutions: Promoting Civic Debate and Rejecting Personal Attacks 8:30-9:45 a.m.
Public discourse has become increasingly hostile in the last couple of years, at times escalating to verbal and physical threats against elected officials and city employees. When this happens, how can city leaders and administrators protect themselves and their families while fostering greater community trust? Do existing channels for public debate suffice, or are more outlets needed to make the public feel heard — particularly in the age of digitization? Attend this session to learn how transparent communication tactics can effectively diffuse situations with outraged citizens.
Moderator:
Jim Lewis, City Manager, Pismo Beach
Speakers:
Larry Gonzalez, Chief of Police, Riverside Police Department Patricia Lock Dawson, Mayor, Riverside
Going Green By 2025: Implementing SB 1383 in California Communities 8:30-9:45 a.m.
New regulations went into effect this year that will force most Californians to adopt a new habit: organic waste recycling. SB 1383 (Lara, 2016) aims to reduce organic waste disposal by 75% by 2025 and recover no less than 20% of disposed edible food. These changes not only require cities to reevaluate their waste disposal services but unleash a wave of education and outreach. Experts will share lessons they have taken away from assisting jurisdictions with this issue and what public agencies should be doing now.
Moderator:
Jennifer Nentwig, Principal, Tripepi Smith
Speakers:
Michael Balliet, President, Michael Balliet Consulting, LLC Mike Learakos, CEO, Abound Food Care
Cara Morgan, Branch Chief, CalRecycle
Ann Schneider, Council Member, Former Mayor, Millbrae, Commissioner, CA Statewide Commission on Recycling Markets & Curbside Recycling
Cannabis and Economic Development
8:30-9:45 a.m.
In the emerging post-pandemic world, many cities are struggling to plug holes in their general fund caused by the loss of sales tax revenues. For many, it may be difficult to find funding for vital programs, including public works projects, parks, and public libraries. This panel examines in detail the revenues cannabis has brought to cities and how this funding can replace state financing programs — including redevelopment and enterprise zones — that were eliminated a decade ago. Additionally, this session will examine best practices to maximize cities’ use of cannabis revenues.
Moderator:
Barigye McCoy, Chief of Communication, Culture Cannabis Club Speakers:
Amy O'Gorman Jenkins, Legislative Advocate, California Cannabis Industry Association Lamar Thorpe, Mayor, Antioch
94 Item # C8.
Black Education and Economics Empowerment
8:30-9:45 a.m.
Black Americans continue to face systemic obstacles in education and economics, which are perpetuating the educational achievement and wealth gap throughout our nation.
Building on a recent Cal Cities African American Caucus conversation about Black excellence, education, economics, and empowerment, this panel will provide insight on how we can close the educational achievement and wealth gap to empower Black Americans to thrive in communities throughout California. Planned with the African American Caucus.
Moderator:
Marla Matime, Executive Director, African American Caucus Speakers:
Jovan Agee, CEO Agee Global Solutions
Stevevonna Evans, Council Member, Adelanto
Legal Issues: An Update on the California Public Records Act 8:30-9:45 a.m.
This session will include a presentation on the California Public Records Act. MCLE credit is available.
EV Infrastructure at No Cost: Can’t Get Better Than That! 9:15-9:35 a.m.
Cities and other public agencies in Los Angeles County can now install electric vehicle (EV) charging infrastructure at no cost through the EV Equity Leadership program. Administered by Los Angeles County and implemented by The Energy Coalition, this program provides the infrastructure needed to improve EV charging access in disadvantaged communities and increase residents’ awareness of EV mobility options. Learn how disadvantaged communities are disproportionately burdened by the negative impacts of pollution and how they can benefit through this program.
Speaker:
Rebecca Hausheer, Director of Energy Services, The Energy Coalition General Session
10:00 a.m.-noon
SB 1383 Procurement and Opportunities
12:15-12:35 p.m.
California's new organic waste regulations (SB 1383, 2016) went into effect at the start of the year. One of the goals of the new regulations is to reduce harmful methane gas emissions by composting organic waste and returning it to the soil in the form of compost and mulch. While meeting some of the regulation’s requirements, cities can also enhance local landscapes and save water. In this session, learn about the organic-waste-turned-soil- amendment process, the effect of carbon sequestration on climate change, and the different ways jurisdictions can comply with SB 1383 procurement requirements.
Speaker:
Bill Camarillo, CEO, Agromin
LED Streetlight Conversions: Benefits for the Environment and Your Budget 12:45-1:05 p.m.
Southern California Edison’s LS-1 Option E program provides local governments an opportunity to update older, less efficient streetlights to LED technology. This program offers a cost recovery mechanism, no up-front costs to the customer, and immediate savings. Plus, Southern California Edison manages the entire program from beginning to end. Learn how your city can utilize this cost-effective program.
Speaker:
John King, Manager, Southern California Edison
Legal Issues: Public Works Contracting and Risk Management 1:00-2:30 p.m.
This session will cover legal trends and issues pertaining to public works contracting and risk management. MCLE credit is available.
95 Item # C8.
Cities for Workforce Health Grant Program: Lessons Learned for Your Employee Wellness Program
1:15-1:35 p.m.
The Cities for Workforce Health Grant Program, launched in 2014, gives out five $5,000 seed grants each year to California cities. These grants help cities start, improve, and maintain employee wellness programs. In this session, speakers will share success stories, provide examples of how cities spent their grant funds, and discuss what did and did not work for the grant cities. Attendees will leave the session with ideas and suggestions for how they can implement or improve their city's employee wellness program now, even without grant funding.
Speakers:
Jennifer Castillo, Workforce Health Consultant, Kaiser Permanente Dayna Gowan, Health and Wellness Manager, Keenan and Associates Five Steps to Take Before Applying for Federal Infrastructure Funding 1:45-2:05 p.m.
Join this session to learn the five steps cities can take to better prepare to apply for federal funding made available through the 2021 federal infrastructure bill. Panelists will discuss how to prioritize the request list, align local priorities with federal funding, assess available resources and processes, and analyze the implications of funds with and without federal tracking requirements. Panelists will also discuss how to evaluate and implement new technologies and processes to ensure a sustainable, streamlined program that meets the Disadvantaged Business Enterprise program’s tracking and reporting requirements.
Speaker:
Michael Parrish, Director of Business Development, B2GNow CalPERS: Continuing on the Path to Sustainable Pensions 1:15-2:30 p.m.
Although CalPERS lowered its assumed rate of return in 2021, the effects on city budgets were muted by strong returns that year. Since then, global markets have been rocked by conflict, inflation, the supply crisis, and factors beyond the control of any one investor, institution, or even nation. Yet pension obligations remain in place, a yearly cost for which cities must both account and plan for. In this session, CalPERS executives will cover the most recent developments impacting city contribution rates, actuarial assumptions, investment strategies, system funding, governance, and policy decisions.
Moderator:
David Teykaerts, Assistant Division Chief, Stakeholder Relations, CalPERS Speaker:
Marcie Frost, CEO, CalPERS
The Secrets to Building Tech Economies in Underestimated Cities 1:15-2:30 p.m.
How does a city like Fresno develop a powerhouse tech economy? How does a place once siloed as just another agricultural town successfully diversify its economy and become a hub for technology careers, businesses, and digital infrastructure? In this session, learn how Bitwise Industries builds tech economies outside Silicon Valley, creating jobs and strengthening digital infrastructure. By the end of the session, attendees will be able to explore specific ways to promote economic development while strengthening their city’s digital infrastructure and reducing workforce barriers. Planned with the Latino Caucus.
Moderator:
Laura Maristany, Vice President, External Affairs, Bitwise Industries Speakers:
Thilani Grubel, VP of Bitwise Industries, Fresno, Bitwise Industries Esmeralda Soria, Council Member, Fresno
Creating More Equitable and Resilient Communities
1:15-2:30 p.m.
Communities across California are increasingly affected by climate change and face growing health concerns, safety issues, and economic impacts. Learn how cities 96 Item # C8.
throughout the state are engaging vulnerable residents to identify problems and solutions that advance equity and create more resilient communities for all.
Speaker:
Kimbley Craig, Mayor, Salinas
AB 602: An Essential Breakdown for Development Impact Fee Programs 1:15-2:30 p.m.
AB 602 (Grayson, 2021) imposes significant changes to the way cities and counties administer impact fee programs by amending Government Code Section 65940.1 and the California Mitigation Fee Act. Notable changes include requirements related to internet postings and hearing information, fee calculation summaries, and annual reports. AB 602 also substantially changes how fees are justified, calculated, and adopted. During this session, attendees will learn the details of each new requirement and the steps they need to take to ensure compliance.
Moderator:
Marco Martinez, Attorney, Best Best & Krieger LLP
Speakers:
Anita Gutierrez, Development Services Director, Pomona
Scott Thorpe, Senior Vice President, Revenue and Cost Specialists, LLC Creating a Youth-Friendly City: It’s Not Just About the Money 1:15-2:30 p.m.
Learn how the city of Sacramento’s efforts to create a community where all youth can thrive can be replicated in other municipalities. This session will outline a multifaceted strategy that covers how to change policy, expand infrastructure, start new programming, collaborate with key stakeholders, and find new protected sources of revenue. Engage in a dialogue that delves into the integration of authentic and meaningful youth voices, including when it is appropriate to engage with them and what authentic and meaningful youth engagement looks like.
Facilitator:
Jay Schenirer, Council Member, Sacramento
Advancing Empowerment in a Disadvantaged Community
2:45-4:00 p.m.
Join the city of Norwalk for an informative discussion on how a partnership with the University of California, Irvine helped Norwalk successfully engage and empower one of its most distressed neighborhoods. Attendees will learn how the city’s empathic listening-first approach helped bridge divisions and uncover meaningful, cost-effective, and context- sensitive interventions to community needs. This session will focus on how its attention to the significance of culture and art helped the city build trust and create a partnership necessary for sustained progress.
Moderator:
Richard Rojas, Deputy City Manager, Norwalk
Speakers:
Susan Harden, Adjunct Faculty, University of California Irvine Rick Ramirez, Mayor, Norwalk
Gabriela Regalado, Director of Social Services, Norwalk ARPA to General Fund: Leveraging Today’s Capital for Tomorrow’s Savings 2:45-4:00 p.m.
With a stream of American Rescue Plan Act (ARPA) funds and a deadline to spend them, cities have a unique opportunity to invest in critical infrastructure like never before. From energy and water system modernization to broadband and indoor air quality improvements, cities are looking to deploy innovative solutions that will pay dividends in the future.
Panelists will discuss how cities are using ARPA funds, what projects have and have not worked, lessons learned, and how cities are best positioned to help the state meet its greenhouse gas reduction goals.
Speakers:
Jennifer Martin-Gallardo, Grants Ombudsman, California Energy Comission Ken Striplin, City Manager, Santa Clarita
97 Item # C8.
Dealing with Deferred Maintenance
2:45-4:00 p.m.
Building owners and local government agencies are facing a deferred maintenance crisis.
This is often exacerbated by the “pay as you go” policy employed by many state and local governments to fund ongoing and capital maintenance. Without proper funding and policy correction, the cost of deferred maintenance will double every five years. During this session, attendees will learn effective methods to gather information and develop insights to make strategic decisions and develop a prioritized capital needs plan that successfully addresses the growing deferred maintenance crisis.
Facilitator:
Dean Leonard, Vice President, Strategic Asset Management, Faithful+Gould Fixing Prop 47
2:45-4:00 p.m.
Proposition 47 promised safer neighborhoods, but the unintended consequences that followed have provided something else. In 2018, the Public Policy Institute of California reported that the passage of Proposition 47 directly correlated to the uptick in theft throughout the state. That report took on new relevance in 2022 when a flurry of “smash- and-grab" robberies and retail thefts received nationwide attention. In fact, many urban cities have reported an increase in property and violent crimes in recent months.
Constituents throughout the state are feeling these impacts and looking to the Legislature for solutions. Many voters want to change Proposition 47 to address repeat theft offenders.
Join this session to hear about possible legislative solutions and underlying causes of the recent increase in crime.
Speakers:
Jonathan Feldman, Legislative Advocate, CA Police Chiefs Association Rachel Michellin, President/CEO, California Retailers Association Legal Issues: Audit Letters, Government Code Section 1090, and Wireless Permitting 2:45-4:15 p.m.
This session will cover how to respond to audit letters, legal trends, and issues pertaining to Government Code section 1090. The session will also provide attendees with a how-to guide to address new challenges in wireless facilities permitting and updates on cases currently pending in California courts. MCLE credit is available.
How To Be an Effective Partner during CEQA Tribal Consultation 4:15-5:15 p.m.
The San Manuel Band of Mission Indians manages a robust regulatory program that allows the tribe to build strong relationships with agencies across their ancestral territory. These relationships have allowed California Environmental Quality Act (CEQA) agencies to understand the nature of tribal cultural resources, how to avoid or appropriately mitigate impacts to those resources, and how to be effective partners to tribes during consultation.
This presentation will provide an overview of the nature of tribal cultural resources, how to advocate for them at the agency level, and how to meaningfully work with tribes in pursuit of cultural preservation.
Moderator and Speaker:
Jessica Mauck, Director of Cultural Resources Management, San Manuel Band of Mission Indians
Speaker:
Ryan Nordness, Cultural Resource Analyst, San Manuel Band of Mission Indians Lessons Learned from the Most Destructive Fires in California History 4:15-5:30 p.m.
Wildfire season has now expanded to the entire year, making recovery planning vital for cities. The city of Santa Rosa and the town of Paradise experienced the two most destructive fires in California history, the 2017 Tubbs Fire and the 2018 Camp Fire. Now several years into recovery, both communities have lessons learned and best practices to share. Panelists will share their experiences and lessons learned in recovery, including employee care, communication, and regional partnerships. 98 Item # C8.
Moderator:
Steven Crowder, Mayor, Paradise
Speakers:
Colette Curtis, Recovery and Economic Recovery Director, Paradise Sean McGlynn, City Manager, Escondido
Kevin Phillips, Town Manager, Paradise
Post-Pandemic Mentorship for Women
4:15-5:30 p.m.
The pandemic has changed workplaces and roles — especially for women. Women have been significantly impacted by the pandemic, with nearly half of all women saying the pandemic has negatively impacted their careers. Today, women face increased challenges in the workplace, including evolving workplaces, career pivots, and changing leadership.
During this session, women leaders will discuss and brainstorm the opportunities and benefits of mentoring that supports women. Learn how to strengthen mentoring skills and about programs that help women emerge stronger from the pandemic. Planned with the Women’s Caucus.
Moderator:
Dr. Diandra Bremond, Vice President, California Women Lead Speakers:
Bea Dieringer, Council Member, Rolling Hills
Maggie Le, City Manager, Fountain Valley
Mona Pasquil Rogers, President, California Women Lead
I'm Not in Charge? How to Get Things Done!
4:15-5:30 p.m.
Excited, energized, and passionate newly elected council members want to dive into city work. However, excitement can turn into frustration, when they hear “you can't do it that way," "it’s not in the budget," "you need council approval," or "we don't do it that way." This session will review city governance models and discuss the roles of officials and staff.
Elected officials will share their experiences and explain how they creatively get work done while balancing policies and rules. There will be a special emphasis on what motivates these elected officials to work outside of city hall and serve constituents most in need of services.
Moderator:
Sonia Carvalho, City Attorney, Best Best & Krieger LLP
Speakers:
Damon Alexander, Council Member, San Bernardino
Phil Bacerra, Mayor Pro Tem, Santa Ana
Creative Funding Strategies for Infrastructure Renewal
4:15-5:30 p.m.
Limited resources and staffing, coupled with unfunded mandates, often hamper cities’ abilities to invest in the infrastructure necessary to meet sustainability and decarbonization goals. As a result, some local governments wait and hope for grants to be approved or revenue measures to pass. However, hope is not the best strategy. This session will focus on creative strategies to meet unfunded challenges, including sustainability and climate goals. Attendees will learn how agencies like the city of Fullerton; California State University, Fresno; and Travis Air Force Base leveraged performance contracting, public- private partnerships, and energy-as-a-service to achieve outstanding results.
Moderator:
Chad Wanke, Board Chair, Orange County Sanitation District Speakers:
Darcy Immerman, Senior Vice President for Growth, NORESCO Fred Jung, Mayor, Fullerton
99 Item # C8.
“Community Capitals Policing:” Rethinking Public Safety by Creating Healthy Communities
4:15-5:30 p.m.
The “community capitals policing” model helps prevent crime by addressing the essential “capitals” that make a thriving community. Much like community policing, community capitals policing is built on community input. It leverages existing community strengths; forms partnerships between local agencies; creates positive youth development opportunities; facilitates employment for formerly incarcerated individuals; and addresses priority community and local business needs while building health equity. Learn how to alleviate crime, reduce recidivism, and reenergize communities using this model through the successes, challenges, and knowledge gained in Alameda County — California’s first county to initiate this approach.
Moderator:
Mary Thomas, Management Analyst, Hayward
Speakers:
Dave Brown, Supervisor, Alameda County Board of Supervisors Martin Neideffer, Captain of the Alameda County Sheriff’s Office Youth and Family Services Bureau, Alameda County Sheriff's Office
Kimberly Thomas, Co-Food Hub Director, Alameda County Deputy Sheriff's Activities League
Legal Issues: Municipal Tort and Civil Rights Litigation and Government Claims 4:30-6:00 p.m.
This session will provide a city-focused update on municipal tort and civil rights litigation, followed by a presentation on responding to government claims. MCLE credit is available.
100
Item # C8.
Friday, September 9
Legal Issues: Labor and Employment Law
8:00-9:30 a.m.
This session will provide a city-focused update on labor and employment litigation, followed by a presentation on attorney-client investigations. MCLE credit is available.
Rural Retail: Making Your Community Competitive
8:30-9:45 a.m.
One common thread among all local officials is that we want our communities to grow, thrive, and prosper. Every community has its own vision for community and economic development. Offering new retail and restaurant options to citizens plays a big role in growth. Rural communities, however, face unique challenges when it comes to attracting those new businesses. Hear from three rural city managers about how they have positioned their cities to expand retail and restaurant businesses. Plus, discover key components to include when pitching your city to companies.
Moderator:
Matthew Tate, Director of Business Development, Western Region, Retail Strategies Speakers:Alan Flora, City Manager, Clearlake
Mallory Crecelius, City Manager, Blythe
Surplus Land Act: Know the Impact Before You Transact
8:30-9:45 a.m.
California is facing a housing crisis and the state has revved up efforts to accelerate the production of affordable housing, including the use of public agency-owned land. The Surplus Land Act requires all public agencies to follow a process to sell or lease any public property by first offering it to a state-controlled list of affordable housing developers. Learn how the Surplus Land Act process impacts local land use and how to navigate the sale, lease, or licensing of public agency property to pursue public-private projects that produce economic development results, all while staying in compliance with state requirements.
Moderator:
Larry J. Kosmont, Chairman & CEO, Kosmont Companies
Speaker:
Troy Brown, City Manager, Moorpark
Elizabeth Hull, Partner, Best Best & Krieger, LLP
David Zisser, Assistant Deputy Director, CA. Dept. of Housing and Community Development
On-Street Dining Risks: Managing Tensions between Safety and Supporting Businesses 8:30-9:45 a.m.
The COVID-19 pandemic led to a significant increase in outdoor business activities within the public right-of-way. While dining decks, parklets, streeteries, and other similar outdoor dining areas helped local businesses survive the pandemic, their proximity to moving vehicles has created safety concerns. Public agencies are now faced with managing difficult tensions between supporting local businesses and public safety. Attend to learn best practices, resources, and safeguards that help increase sidewalk and on-street dining safety for residents and visitors.
Moderator:
Alex Mellor, Senior Risk Manager, California JPIA
Speakers:
Victor Manalo, Former Mayor, Artesia
Rob Reiter, Co-Founder, Storefront Safety Council
David Wilson, City Manager, West Hollywood
Harassment Prevention Training for Supervisors and Officials (AB 1661) 9:15-11:15 a.m.
This informational and interactive workplace harassment prevention training will teach officials and supervisors how to identify, prevent, and properly respond to workplace harassment, discrimination, retaliation, and abusive conduct in order to avoid personal and agency liability in compliance with AB 1825/2053/1661 and SB 396. The Institute for Local 101
Item # C8.
Government is a State Bar of California minimum continuing legal education (MCLE) approved provider and certifies this activity meets the standards for MCLE credit by the State Bar of California in the total amount of 2 hours (general credits). Provider #13881. * Sign-in will begin 30 minutes prior to the session and you must be present for the full two hours to receive the certification of attendance. Entry will be prohibited once the session begins.
Speaker:
Alfonso Estrada, Partner, Hanson Bridgett LLP
Legal Issues: Municipal Litigation Update and Public Safety 9:45-11:15 a.m.
This session will provide a city-focused update on general municipal litigation, including a presentation on recent cases interpreting the Second Amendment and California law related to possessing or acquiring firearms. MCLE credit is available.
Show Me Some RECOVERY! Updates on Fees, Assessments, Financing Districts 10:00-11:15 a.m.
Fiscal sustainability is a constant challenge for cities, especially as we emerge from the COVID-19 pandemic. It is critical that cities utilize a variety of revenue tools for long-term fiscal sustainability, as well as recovery. This panel will address revenue options and the importance of public engagement, and updates from recent case law and legislative changes affecting California cities, including tales of challenges and successes in Rancho Cucamonga. Attendees will leave with actionable information that can be applied to their city.
Moderator:
John Gillison, City Manager, Rancho Cucamonga
Speakers:
Michael Colantuono, Managing Shareholder, Colantuono, Highsmith & Whatley, PC Tim Seufert, Managing Director, NBS
Danielle Wood, Director, NBS
Creative Solutions to Reduce Homelessness
10:00-11:15 a.m.
Reducing homelessness is consistently ranked as a top priority by California residents and local officials. Local governments have developed creative solutions and partnerships to capitalize on the political will — and funding — to implement real solutions. Discover how three California communities leveraged state and federal funding to develop new housing, while communicating effectively at city hall and on the streets.
Moderator:
Helene Schneider, Senior Regional Advisor, U.S. Interagency Council on Homelessness Speakers:
Damien Arrula, City Administrator, Placentia
Mike Callagy, County Executive, San Mateo County
Peter Radu, Assistant to the City Member, Vallejo
How Bias-Free Technologies Can Play a Role in Reimagining Policing 10:00-11:15 a.m.
City leaders, community members, and law enforcement are reimagining how cities can reshape policing while keeping communities safe. Technologies such as vehicle fingerprint cameras can provide bias-neutral, objective investigative leads, while helping departments increase time and budget efficiencies. Gain an understanding of how these technologies can improve policing outcomes and community safety. Innovative, forward-thinking California elected officials and police leaders will share their experiences in adopting the use of cutting-edge, ethically engineered technologies to improve public safety and enhance public trust.
Moderator:
Jason Potts, Public Safety Director / Chief, Las Vegas - Department of Public Safety Speakers:
Walter Allen III, Council Member, Covina
Pippin Drew, Council Member, Vallejo
102
Item # C8.
Transgender Health Care
10:00-11:15 a.m.
Very few municipalities have public health programs. Learn about the realities, myths, and a path forward on transgender health care from experts who will speak on barriers to care, the present state of coverage, networks, and cultural competence. In this session, those treating patients today will share their experiences providing gender-affirming care. City leaders will gain insights while in a safe space for questions, conversations, and understanding. Planned with the Lesbian Gay Bisexual Transgender Queer Caucus.
Moderator:
Dan Arriola, Council Member, Tracy
Speakers:
Lisa Middleton, Mayor, Palm Springs
Evan Minton, LGBTQ+ Advocate/ACLU Plaintiff, Self Advocate Legal Issues: Labor and Employment Law
11:30 a.m.-12:30 p.m.
This session will provide information on implementing diversity, equity, and inclusion initiatives. MCLE credit is available. Includes 1 hour of Elimination of Bias sub-field MCLE credit.
Closing Session and General Assembly (includes lunch)
11:30 a.m.-2:00 p.m.
103
Item # C8.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Approving the City of Milpitas Investment Policy for Fiscal Year 2022-23 (Staff Contact: Lauren Lai, Director of Finance, 408-586-3111) Category: Consent Calendar-Leadership and Support Services Meeting Date: 8/16/2022
Recommendation: Adopt a resolution of the City of Milpitas approving the Investment Policy for FY 2022-23
BACKGROUND:
California state law regarding the investment of public funds requires all local agencies to develop an investment policy that must be considered annually by the legislative body of the local agency at a public meeting. Staff works closely with the City’s investment advisor, Chandler Asset Management, to review and update the City’s investment policy for Council consideration, ensuring that the policy captures the latest changes to California Government Code as well as best practices. Chandler Asset Management manages approximately $27 billion, primarily comprising California local governments. Chandler has been working with local governments for over 30 years. The Investment Policy (the Policy) for the City of Milpitas is submitted for Council’s annual review and approval.
ANALYSIS:
Staff and the City’s investment advisor collaborated in reviewing the City’s current Investment Policy and determined that the Policy continues to be in compliance with the provisions of the California Government Code (Code), Sections 16340, 16429.1-16429.4 and 53600-53686, the authority governing investments for municipal governments. Moreover, there were no changes to Code for this year that require the City to update its investment policy. As such, staff and the City’s investment advisor recommend no changes to the policy for fiscal year 2022-23.
POLICY ALTERNATIVE(S):
Alternative 1: Do not approve the Investment Policy for FY 2022-23 Pros: None
Cons: The City will be out of compliance with California State Law Reason for Not Recommending: It is in the City’s best interest to be in compliance with California State Law.
FISCAL IMPACT:
None – There is no fiscal impact as a result of the changes recommended to the policy.
California Environmental Quality Act (CEQA):
The City Council’s adoption of the resolution is not a “project” under the California Environmental Quality Act pursuant to CEQA Guideline 15378(b)(5) because it is an administrative activity that will not result in a direct or indirect physical change in the environment.
RECOMMENDATION:
Adopt a resolution of the City of Milpitas approving the Investment Policy for FY 2022-23.
Attachment(s):
1. Draft Resolution
2. Investment Policy (clean version)
104
Item # C9.
1 RESOLUTION NO. _____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS APPROVING THE INVESTMENT POLICY FOR FISCAL YEAR 2022/2023
WHEREAS, the Legislature of the State of California has declared that the deposit and investment of public funds by local officials and local agencies is an issue of statewide concern; and
WHEREAS, the legislative body of a local agency may invest surplus monies n ot required for the immediate needs of the local agency in accordance with the provisions of California Government Code Section 53601 et seq.; and
WHEREAS, the Treasurer of the local agency shall annually prepare and submit a statement of investment policy and such policy, and any changes thereto, shall be considered by the legislative body at a public meeting; and
WHEREAS, the Investment Policy was last rev iewed and approved by the City Council pursuant to Resolution No. 9101 on August 17, 2021.
NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:
1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
2. The City Council has reviewed and considered the Investment Policy, including any changes, attached hereto as Exhibit A, and the Investment Policy for Fiscal Year 2022/2023 is hereby approved.
PASSED AND ADOPTED this ___ day of ___________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_____________________________________ ____________________________ Suzanne Guzzetta, Interim City Clerk Rich Tran, Mayor
APPROVED AS TO FORM:
_____________________________________
Michael Mutalipassi, City Attorney
105
Item # C9.
1 Exhibit A
CITY OF MILPITAS
INVESTMENTPOLICY-Fiscal Year 2022-23
PURPOSE
The purpose of this policy is to establish overall guidelines for the management and investment of the City of Milpitas (the City) unexpended funds under authority granted by the City Council. This policy is in compliance with the provisions of the California Government Code, Sections 16340, 16429.1- 16429.4, and 53600-53686, the authority governing investments for municipal governments.
INVESTMENT OBJECTIVES
The primary objectives of this investment policy, in order of priority, are safety, liquidity, and return:
1) Safety - Safety of principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. This objective shall be accomplished by mitigating credit risk and market risk. 2) Liquidity - The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This objective shall be accomplished by structuring the portfolio so that securities mature concurrently with anticipated needs. The portfolio shall consist largely of securities with active secondary or resale market. Furthermore, a portion of the portfolio may be placed in money market funds or Local Agency Investment Fund (LAIF) which offer same day liquidity for short term investment.
3) Return - The investment portfolio is designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into consideration the investment risk constraints and liquidity needs. Return on investment is of secondary importance compared to the safety and liquidity objectives described above. The core of investments is limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. Nevertheless, investment performance shall be continually monitored and evaluated by the City Treasurer by comparison with other investment portfolio benchmarks.
Additionally, investments are to be made that will bear in mind the responsibility of City government to its citizens. The following investment considerations, which enhance the quality of life, will be adhered to:
Divestment From Publicly-Traded Fossil Fuel Companies - The City of Milpitas has a responsibility to protect the lives and livelihoods of its inhabitants from the threat of climate change. The City believes that its investments should support a future where all citizens can live healthy lives without the negative impacts of a warming environment. For the purposes of the Investment Policy, a "fossil fuel company" shall be defined as any of the two hundred publicly-traded companies with the largest coal, oil and gas reserves as measured by the
POLICY OVERVIEW
106
Item # C9.
2 gigatons of carbon dioxide that would be emitted if those reserves were extracted and burned, as listed in the Carbon Tracker Initiative's "Unburnable Carbon" report. Staff responsible for managing the City's investment portfolio are directed to divest all City investment funds held in fossil fuel companies once they reach their maturities and are prohibited from making any new investments in such companies.
SCOPE
The investment policy applies to all financial assets of the City of Milpitas as accounted for in the Comprehensive Annual Financial Report (CAFR), including but not limited to the funds listed below:
General Fund
Special Revenue Funds
Capital Projects Funds
Debt Service Fund
Enterprise Funds
Internal Service Fund
Trust and Agency Funds
Any new fund created by the City Council unless specifically exempted with the exception of the following:
1) The City's Deferred Compensation Plan is excluded because it is managed by a third- party administrator and invested by individual plan participants. 2) Proceeds of debt issuance shall be invested in accordance with the investment objectives of this policy. However, such proceeds are generally invested in accordance with permitted investment provisions of their specific bond indentures. If the City Treasurer determines that the matching of bond reserve fund with the maturity schedule of an individual bond issue is prudent, the investment policy authorizes extending beyond the five year maturity limitation as outlined in this document.
STANDARDS OF CARE
1) Prudence - Pursuant to California Government Code, Section 53600.3, all persons authorized to make investment decisions on behalf of the City are trustees and therefore fiduciaries subject to the Prudent Investor Standard:
“…all governing bodies of local agencies or persons authorized to make investment decisions on behalf of those local agencies investing public funds pursuant to this chapter are trustees and therefore fiduciaries subject to the prudent investor standard. When investing, reinvesting, purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with care, skill, prudence, and diligence under the circumstances then prevailing, including, but not limited to, the general economic conditions and the anticipated needs of the Agency, that a prudent person acting in a like capacity and familiarity with those matters would use in the conduct of funds of a like character and with like aims, to safeguard the principal and maintain the liquidity needs of the Agency.
Within the limitations of this section and considering individual investments as part of an overall strategy, investments may be acquired as authorized by law.” The City Treasurer and other individuals assigned to manage the investment portfolio, acting within the intent and scope of the investment policy and other written procedures and exercising due diligence, shall be relieved of personal responsibility and liability for an individual 107
Item # C9.
3 security's credit risk or market price changes, provided deviations from expectations are reported in a timely manner and appropriate action is taken to control adverse developments. 2) Ethics and Conflict of Interest - Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program or could impair their ability to make impartial investment decisions. City employees involved in the investment process shall disclose to the City Manager any material financial interest in financial institutions that conduct business within the jurisdiction. They shall further disclose any large personal financial/investment positions that could affect the performance of the investment portfolio. 3) Delegation of Authority - Authority to manage the investment program is derived from California Government Code, Sections 41006 and 53600 et seq and granted to the City Treasurer by Section VI- 1-3.04 of the City of Milpitas Municipal Code. Under the oversight of the City Treasurer, responsibility for the operation of the investment program may be delegated to the Finance Administration staff, who shall act in ac cordance with established written procedures and internal controls consistent with the investment policy. The City Treasurer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of the subordinate staff members. The system of internal controls includes separation of duties, custodial safekeeping, avoidance of physical delivery securities, development of wire transfer agreement, and clear delegation of authority to subordinate staff members. The City may engage the services of one or more external investment advisers, who are registered under the Investment Advisers Act of 1940, to assist in the management of the City’s investment portfolio in a manner consistent with the City’s objectives. External investment advisers may be granted discretion to purchase and sell investment securities in accordance with this investment policy. The City’s overall investment program shall be designed and managed with a degree of professionalism that is worthy of the public trust. The City recognizes that in a diversified portfolio, occasional measured losses may be inevitable and must be considered within the context of the overall portfolio’s return and the cash flow requirements of the City.
INVESTMENT PARAMETERS
1) Maximum Maturities - To the extent possible, the City shall attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City will not directly invest in securities maturing more than five (5) years from the date of trade settlement. The intent to invest in securities beyond the five year maturity limitation shall be disclosed in writing to the City Council no less than 3 months prior to the investment. Reserve funds established by the issuance of bonds and other funds with longer-term investment horizons may be invested in securities exceeding five years if the maturity of such investments are made to coincide with the expected use of funds.
Competitive Bidding - It is the policy of the City to require that, where possible, all transactions with broker/dealers shall be selected on a competitive basis and their bid or offering prices shall be recorded. If there is no other readily available competitive offering, best efforts will be made to document quotations for comparable or alternative securities. When purchasing original issue instrumentality securities, no competitive offerings will be required as all dealers in the selling group offer those securities at the same original issue price.
INVESTMENT GUIDELINES
108
Item # C9.
4 PERFORMANCE EVALUATION/BENCHMARK
The investment portfolio shall be designed to attain a market -average rate of return throughout budgetary and economic cycles, taking into account the City’s risk constraints, the cash flow characteristics of the portfolio, and state and local laws, ordinances or resolutions that restrict investments. Investment performance is continually monitored and evaluated by the City Treasurer.
Investment performance statistics and activity reports are prepared on a quarterly basis for presentation to the City Manager and City Council within 30 days of the end of the quarter. The City Treasurer shall select an appropriate, readily available index to use as a market benchmark.
The benchmark should be commensurate with the level of market risk of the portfolio, and should serve as a measure of risk, interest income, and fair value appreciation. Samples of readily available benchmarks include Intercity Exchange/Bank of America/Merrill Lynch 1 -3 Year or 1 -5 Year Treasury Indices.
SAFEKEEPING OF SECURITIES
To protect against fraud or embezzlement or losses caused by collapse of an individual securities dealer, all securities owned by the City shall be held in safekeeping by a third party bank trust department, acting as agent for the City under the teams of a custody agreement or master repurchase agreement. All trades executed by a dealer will settle delivery vs. payment (DVP) through the City's safekeeping agent.
Securities held in custody for the City shall be reviewed and verified quarterly by Finance staff who has not been assigned to the investment function.
INTERNAL CONTROL
The City Treasurer is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft or misuse. The internal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that the cost of a control should not exceed the benefits to be derived and that the valuation of costs and benefits requires estimates and judgments by management.
The internal controls shall address the following points:
Control of collusion
Separation of transaction authority from accounting and record keeping Custodial safekeeping
Avoidance of physical delivery securities
Clear delegation of authority to subordinate staff members Written confirmation of transactions for investments and wire transfers Development of a wire transfer agreement with the lead bank and third party custodian
REPORTING
The City Treasurer shall review and render quarterly reports to the City Manager and City Council which shall include the par and dollar amount of the investment, the classification of the investment, the percentage of the total portfolio which each type of investment represents, the name of the institution or entity, the rate of interest, the maturity date, the current market value, and the source of the market value.
Statement that the projected cash flow is adequate to meet expected obligations over the next six months.
109
Item # C9.
5 A report of transactions by month.
The weighted average maturity of the investment portfolio. The average weighted yield to maturity of the portfolio as compared to the applicable benchmark. Statement of compliance with the investment policy.
The report is due within 30 days of the end of the quarter. The City Manager may, at his discretion, require this reporting on a monthly basis based upon market conditions.
QUALIFIED BROKER/DEALERS
The City shall transact business with financial institutions and security broker/dealers after careful review of their qualifications and creditworthiness. All dealers who desire to do business with the City shall provide the necessary information (e.g. audited financial statements, proof of state registration, proof of National Association of Securities Dealers certification, etc.) from which the City can determine their creditworthiness, the existence of any pending legal action against the firm or the individual broker as well as an understanding of the security markets that they service. The City Treasurer shall annually send a copy of the current investment policy to all financial instituti ons and broker/dealers approved to do business with the City. Confirmation of receipt of this policy shall be considered evidence that the dealer understands the City's investment policies and intends to sell the City only appropriate investments authorized by this investment policy. In accordance with California Government Code Section 53601.5, Any investment authorized pursuant to Section 53601 or 53601.1, not purchased directly from the issuer, shall be purchased either from an institution licensed by the state as a broker -dealer, as defined in Section 25004 of the Corporations Code, or from a member of a federally regulated securities exchange, from a national or state-chartered bank, from a savings association or federal association (as defined by Section 5102 of the Financial Code) or from a brokerage firm designated as a primary dealer by the Federal Reserve bank.
Selection of financial institutions and broker/dealers authorized to engage in transactions will be at the sole discretion of the City, except where the City utilizes an external investment adviser in which case the Agency may rely on the adviser for selection.
COLLATERAL REQUIREMENTS
Collateral is required for investments in non-negotiable certificates of deposit and repurchase agreements.
In order to reduce market risk, the collateral level shall be at least 102% of market value of principal and accrued interest and marked-to-market weekly. Securities acceptable as collateral shall be the direct obligations of or are fully guaranteed as to principal and interest by the United States or any agency of the United States.
The City shall require any bank or financial institution to comply with the collateralization criteria defined in California Government Code, Section 53651.
AUTHORIZED INVESTMENTS
Investment of City funds is governed by the California Government Code, Sections 16340, 16429.1- 16429.4, and 53600-53686. Within the context of the limitations, the following investments are authorized, as further limited herein. In the event a discrepancy is found between this policy and the Code, the more restrictive parameters will take precedence. Percentage holding limits and minimum 110
Item # C9.
6 credit quality requirements listed in this section apply at the time the security is purchased.
Any investment currently held at the time the policy is adopted which does not meet the new policy guidelines can be held until maturity and shall be exempt from the current policy. At the time of the investment’s maturity or liquidation, such funds shall be reinvested only as provided in the current policy.
An appropriate risk level shall be maintained by primarily purchasing securities that are of high quality, liquid, and marketable. The portfolio shall be diversified by security type and institution to avoid incurring unreasonable and avoidable risks regarding specific security types or individual issuers. 1) United States Treasury Bills, Bonds, and Notes or those for which the full faith and credit of the United States are pledged for payment of principal and interest. There is no percentage limitation of the portfolio which can be invested in this category, though a five year maturity limitation is applicable.
2) Federal Agency Obligations or United States Government-Sponsored Enterprise (GSE) obligations, participations, or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or Unites States government sponsored enterprises. There is no percentage limitation of the portfolio which can be invested in this category, although a five year maturity limitation is applicable. Additionally, no more than 30% of the portfolio may be invested in any single Agency/GSE issuer, and the maximum percent of agency callable securities in the portfolio will be 20%.
3) Banker’s Acceptances- Bills of exchange or time drafts drawn on and accepted by commercial banks, otherwise known as banker's acceptances. Banker’s acceptances must be issued by institutions which have short -term debt obligations rated “A -1” or its equiva lent or better by at least one nationally recognized statistical rating organization (NRSRO), or long -term debt obligations which are rated in a rating category of “A” or its equivalent or better by at least one NRSRO. Purchase of banker's acceptances may not exceed 180 days maturity or 40% of the value of the portfolio. Furthermore, no more than 5% of the value of the portfolio may be invested in the banker's acceptances of any one commercial bank.
4) Commercial Paper of the highest letter and number rating as provided by at least one NRSRO, either:
Issued by general corporations organized and operating within the United States, having assets in excess of $500,000,000 and having a rating in the rating category of "A" or its equivalent or better rating on debt other than commercial paper as provided by at least one NRSRO, or Issued by entities organized within the United States as a special purpose corporation, trust, or limited liability company. The securities must have program-wide credit enhancements including, but not limited to, overcollateralization, letters of credit, or a surety bond. The securities must by rated “A-1” or its equivalent or better by at least one NRSRO.
Purchases of eligible commercial paper may not exceed 270 days maturity nor represent more than 10% of the outstanding paper of the issuing corporation. Purchases of commercial paper may not exceed 25% of the value of the portfolio. No more than 5% of the portfolio may be invested in any single issuer. Under a provision sunsetting on January 1, 2026, no more than 40% of the portfolio may be invested in Commercial Paper if the City’s investment assets under management are greater than $100,000,000.
111
Item # C9.
7 5) Negotiable Certificates of Deposit issued by nationally or state chartered banks, a savings association or a federal association, a state or federal credit union, or by a federally -licensed or state-licensed branch of a foreign bank. Purchases of negotiable certificates of deposit may not exceed 30% of the value of the portfolio. No more than 5% of the portfolio may be invested in any single issuer. A maturity limitation of five years is applicable. The amount of the NCD insured up to the FDIC limit does not require any credit ratings. Any amount above the FDIC insured limit must be issued by institutions which have short-term debt obligations rated “A-1” or its equivalent or better by at least one NRSRO; or long-term obligations rated in a rating category of “A” or its equivalent or better by at least one NRSRO.
6) Repurchase Agreements - Repurchase agreements collateralized with securities authorized under in accordance with California Government Code Section 53601(j). There are no limits on the dollar amount or percentage that the City may invest. The maturity of the repurchase agreements shall not exceed one year. The market value of the securities used as collateral for the repurchase agreements shall be monitored by the investment staff weekly and shall not be allowed to fall below 102% of the value of the repurchase agreement. A Master Repurchase agreement is required between the City and the dealer for all repurchase agreements transacted.
7) Time Deposits - Time deposits, non-negotiable and collateralized in accordance with the California Government Code, m ay be purchased through banks or savings and loan associations. A maturity limitation of five years is applicable.
8) Medium-Term Corporate Notes issued by corporations organized and operating within the United States or by depository institutions licensed by the United States or any state and operating within the United States with a maximum maturity of five years may be purchased. Securities eligible for investment shall be rated in a rating category of "A" or its equivalent better by at least one NRSRO.
Purchase of medium-term notes may not exceed 30% of the value of the portfolio and no more than 5% of the value of the portfolio may be invested in notes issued by one corporation.
9) Local Agency Investment Fund (LAIF) - a State of California managed investment pool may be used up to the maximum permitted in accordance with California Government Code Section 16429.1.
10) Money Market Funds - Money Market funds invested in U.S. Government securities are permitted under this policy and under the California Government Code Section 53601. In order to be eligible for investment under this section, an investment objective of such a fund must be the maintenance of a price per share of $1.00. Investment in such funds shall not exceed 20% of the City's total portfo lio and no more than 10% of the City's total portfolio may be invested in any one money market fund. In addition, either one of the following criteria must be met:
The fund shall have achieved a rating of "AAA" by at least two nationally recognized statistical rating organizations, or
The fund shall have retained an advisor who is registered or exempt from registration with the Security Exchange Commission with not less than five years' experience managing money market funds with assets under management in excess of five hundred million dollars ($500,000,000).
11) Municipal Securities – including obligations of the City, the State of California, and any local agency within the State of California, provided that:
112
Item # C9.
8 The securities are rated in a rating category of “A” or its equivalent or better by at least one nationally recognized statistical rating organization (“NRSRO”). No more than 5% of the portfolio may be invested in any single issuer. No more than 30% of the portfolio may be in Municipal Securities. The maximum maturity does not exceed five (5) years.
12) Municipal Securities (Registered Treasury Notes or Bonds) of any of the other 49 states in addition to California, including bonds payable solely out of the revenues from a revenue -producing property owned, controlled, or operated by a state or by a department, board, agency, or authority of any of the other 49 states, in addition to California., provided that:
The securities are rated in a rating category of “A” or its equivalent or better by at least one nationally recognized statistical rating organization (“NRSRO”). No more than 5% of the portfolio may be invested in any single issuer. No more than 30% of the portfolio may be in Municipal Securities. The maximum maturity does not exceed five (5) years.
13) Asset-Backed, Mortgage-backed, Mortgage Passthrough Securities, and Collateralized Mortgage Obligations From Issuers Not Defined In Sections 1 And 2 of the Authorized Investments Section of this Policy, provided that:
The securities are rated in a rating category of “AA” or its equivalent or better by a NRSRO. No more than 20% of the total portfolio may be invested in these securities. No more than 5% of the portfolio may be invested in any single Asset -Backed or Commercial Mortgage security issuer.
The maximum legal final maturity does not exceed five (5) years.
14) Collateralized Bank Deposits —City’s deposits with financial institutions will be collateralized with pledged securities per California Government Code, Section 53651. There are no limits on the dollar amount or percentage that the City may invest in collateralized bank deposits.
15) Supranational Securities—provided that Issues are US dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by the International Bank for Reconstruction and Development, International Finance Corporation, or Inter-American Development Bank. The securities must be rated in a rating category of “AA” or its equivalent or better by a NRSRO.
No more than 30% of the total portfolio may be invested in these securities. No more than 10% of the portfolio may be invested in any single issuer. The maximum maturity does not exceed five (5) years.
INELIGIBLE INVESTMENTS AND INVESTMENT PRACTICES
Ineligible investments are those that are not described herein, including but not limited to, common stocks, reverse repurchase agreements, inverse floaters, range notes, mortgage derived interest only strips, derivatives securities, or any security that could result in zero interest accrual. Under a provision sunsetting on January 1, 2026, securities backed by the U.S. Government that could result in a zero- or negative-interest accrual if held to maturity are permitted. Trading securities for the sole purpose of speculating on the future direction of interest rates is prohibited. Purchasing or selling securities on margin is prohibited. The use of reverse repurchase agreements, securities lending or any other form of borrowing or leverage is prohibited. The purchase of foreign currency denominated securities is prohibited.
RISK MANAGEMENT AND DIVERSIFICATION
113
Item # C9.
9 Mitigating Credit Risk in the Portfolio: Credit risk is the risk that a security or a portfolio will lose some or all its value due to a real or perceived change in the ability of the issuer to repay its debt.
The City will mitigate credit risk by adopting the following strategies:
The diversification requirements included in the “Authorized Investments” section of this policy are designed to mitigate credit risk in the portfolio. No more than 5% of the total portfolio may be deposited with or invested in securities issued by any single issuer unless otherwise specified in this policy. The City may elect to sell a security prior to its maturity and record a capital gain or loss in order to manage the quality, liquidity or yield of the portfolio in response to market conditions or City’s risk preferences.
If a security owned by the City is downgraded to a level below the requirements of this policy, making the security ineligible for additional purchases, the following steps will be taken:
• Any actions taken related to the downgrade by the investment manager will be communicated to the City Treasurer in a timely manner. • If a decision is made to retain the security, the credit situation will be monitored and reported to the City Council as part of the Quarterly Investment Report.
Mitigating Market Risk in the Portfolio: Market risk is the risk that the portfolio value will fluctuate due to changes in the general level of interest rates. The City recognizes that, over time, longer-term portfolios have the potential to achieve higher returns. On the other hand, longer-term portfolios have higher volatility of return. The City will mitigate market risk by providing adequate liquidity for short-term cash needs, and by making longer-term investments only with funds that are not needed for current cash flow purposes.
The City further recognizes that certain types of securities, including variable rate securities, securities with principal paydowns prior to maturity, and securities with embedded options, will affect the market risk profile of the portfolio differently in different interest rate environments. The City, therefore, adopts the following strategies to control and mitigate its exposure to market risk:
The City will maintain a minimum of six months of budgeted operating expenditures in short term investments to provide sufficient liquidity for expected disbursements. The maximum stated final maturity of individual securities in the portfolio will be five (5) years, except as otherwise stated in this policy. The duration of the portfolio will generally be approximately equal to the duration (typically, plus or minus 20%) of a Market Benchmark as described in the Performance Evaluation/Benchmark section of this policy; an index selected by the City based on the City’s investment objectives, constraints and risk tolerances.
INVESTMENT POOLS/MUTUAL FUNDS
The Agency shall conduct a thorough investigation of any pool or mutual fund prior to making an investment, and on a continual basis thereafter. The Treasurer shall develop a questionnaire which will answer the following general questions:
114
Item # C9.
10 A description of eligible investment securities, and a written statement of investment policy and objectives.
A description of interest calculations and how it is distributed, and how gains and losses are treated.
A description of how the securities are safeguarded (including the settlement processes), and how often the securities are priced and the program audited. A description of who may invest in the program, how often, what size deposit and withdrawal are allowed.
A schedule for receiving statements and portfolio listings. Are reserves, retained earnings, etc. utilized by the pool/fund? A fee schedule, and when and how is it assessed.
Is the pool/fund eligible for bond proceeds and/or will it accept such proceeds?
INTEREST EARNINGS
All moneys earned and collected from investments authorized in this policy shall be allocated monthly to various fund accounts based on the cash balance in each fund as a percentage of the entire pooled portfolio.
ANNUAL POLICY APPROVAL
The City's investment policy shall be adopted by resolution of the City Council on an annual basis. This investment policy shall be reviewed at least annually to ensure its consistency with the overall objectives of preservation of principal, liquidity and yield, and its relevance to current law and financial and economic trends. Any amendments to the policy shall be forwarded to City Council for approval.
Accrued Interest- Interest earned but not yet received.
Active Deposits- Funds which are immediately required for disbursement.
Amortization- An accounting practice of gradually decreasing (increasing) an asset's book value by spreading its depreciation (accretion) over a period of time.
Arbitrage- Transactions by which securities are bought and sold in different markets at the same time for the sake of the profit arising from a yield difference in the two markets.
Asked Price- The price a broker dealer offers to sell securities.
Banker's Acceptance- A high quality, short term money market instrument used to finance international trade. There has never been an instance of a failure to pay a banker's acceptance in full at its maturity date.
Basis Point- One basis point is one hundredth of one percent (.01).
GLOSSARY OF TERMS
115
Item # C9.
11 Bid Price- The price a broker dealer offers to purchase securities.
Bond- A financial obligation for which the issuer promises to pay the bondholder a specified stream of future cash flows, including periodic interest payments and a principal repayment.
Book Value- The value at which a debt security is shown on the holder's balance sheet. Book value is acquisition cost less amortization of premium or accretion of discount.
Broker- Someone who brings buyers and sellers together and is compensated for his/her service.
Certificate of Deposit- A deposit insured up to $250,000 by the FDIC at a set rate for a specified period of time.
Collateral- Securities, evidence of deposit or pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposit of public moneys.
Commercial Paper- Short-term, negotiable unsecured promissory notes of corporations.
Comprehensive Annual Financial Report (CAFR)- The official annual financial report for the City, prepared in conformity with Generally Accepted Accounting Principles (GAAP).
Coupon- The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value.
Credit Risk - Defined as the risk of loss due to failure of the issuer of a security.
Current Yield- The interest paid on an investment expressed as a percentage of the current price of the security.
Custodian- A bank or other financial institution that keeps custody of stock certificates and other assets.
Defeased Bond Issues- Issues that have sufficient money to retire outstanding debt when due so that the agency is released from the contracts and covenants in the bond document.
Delivery vs. Payment (DVP) - Delivery of securities with a simultaneous exchange of money for the securities.
Derivative- Securities that are based on, or derived from, some underlying asset, reference date, or index.
Discount- The difference between the cost of a security and its value at maturity when quoted at lower than face value.
Diversification- Dividing investment funds among a variety of securities offering independent returns and risk profiles.
Duration- A measure of the timing of the cash flows, such as the interest payments and the principal repayment, to be received from a given fixed-income security. This calculation is based on three variables:
term to maturity, coupon rate, and yield to maturity. The duration of a security is a useful indicator of its 116
Item # C9.
12 price volatility for given changes in interest rates.
Fannie Mae- Trade name for the Federal National Mortgage Association (FNMA), a U.S. sponsored corporation.
Federal Reserve System - The central bank of the U.S. which consists of a seven member Board of Governors, 12 regional banks and 5,700 commercial banks that are members.
Federal Deposit Insurance Corporation (FDIC)- Insurance provided to customers of a subscribing bank which guarantees deposits to a set limit (currently $250,000) per account.
Fed Wire- A wire transmission service established by the Federal Reserve Bank to facilitate the transfer of funds through debits and credits of funds between participants within the Fed system.
Freddie Mac- Trade name for the Federal Home Loan Mortgage Corporation (FHLMC), a U.S. sponsored corporation.
Ginnie Mae- Trade name for the Government National Mortgage Association (GNMA), a direct obligation bearing the full faith and credit of the U.S. Government.
Government Accounting Standards Board (GASB) - A standard -setting body, associated with the Financial Accounting Foundation, which prescribes standard accounting practices for governmental units.
Guaranteed Investment Contracts (GICS)- An agreement acknowledging receipt of funds, for deposit, specifying terms for withdrawal, and guaranteeing a rate of interest to be paid.
Inactive Deposits- Funds not immediately needed for disbursement.
Interest Rate- The annual yield earned on an investment, expressed as a percentage.
Investment Agreements- An agreement with a financial institution to borrow public funds subject to certain negotiated terms and conditions concerning collateral, liquidity and interest rates.
Liquidity- An asset that can easily and rapidly be converted into cash without significant loss of value.
Local Agency Investment Fund (LAIF)- A pooled investment vehicle for local agencies in California sponsored by the State of California and administered by the State Treasurer.
Local Agency Investment Pool- A pooled investment vehicle sponsored by a local agency or a group of local agencies for use by other local agencies.
Market Risk- Defined as market value fluctuations due to overall changes in the general level of interest rates.
Market Value- The price at which a security is trading and could presumably be purchased or sold.
Maturity- The date upon which the principal or stated value of an investment becomes due and payable.
117
Item # C9.
13 Modified Duration- A measure of exposure to market risk of a security or a portfolio. It is the percent change in the price of a security (portfolio) or a 100 basis point change in the security's (portfolio's) yield.
Mutual Funds- An investment company that pools money and can invest in a variety of securities, including fixed-income securities and money market instruments.
Negotiable Certificate of Deposit- A large denomination certificate of deposit which can be sold in the open market prior to maturity.
New Issue- Term used when a security is originally "brought" to market.
Note- A written promise to pay a specified amount to a certain entity on demand or on a specified date.
Par Value- The amount of principal which must be paid at maturity. Also referred to as the face amount of a bond, normally quoted in S1,000 increments per bond.
Perfected Delivery- Refers to an investment where the actual security or collateral is held by an independent third party representing the purchasing entity.
Portfolio- Combined holding of more than one stock, bond, commodity, real estate investment, cash equivalent, or other asset. The purpose of a portfolio is to reduce risk by diversification.
Primary Dealer- A group of government securities dealers that submit daily reports of market activity and security positions held to the Federal Reserve Bank of New York and are subject to its informal oversight.
Principal- The face value or par value of a debt instrument, or the amount of capital invested in a given security.
Prospectus- A legal document t hat must be provided to any prospective purchaser of a new securities offering registered with the SEC that typically includes information on the issuer, the issuer's business, the proposed use of proceeds, the experience of the issuer's management, and ce rtain certified financial statements ( also known as an "official statement")
Prudent Investor Standard- A standard of conduct where a person acts with care, skill, prudence, and diligence when investing, reinvesting, purchasing, acquiring, exchanging, selling and managing funds.
The test of whether the standard is being met is if a prudent person acting in a similar situation would engage in similar conduct to ensure that investments safeguard principal and maintain liquidity.
Purchase Date- The date in which a security is purchased for settlement on that or a later date.
Rate of Return- The yield obtainable on a security based on its purchase price or its current market price.
This may be the amortized yield to maturity on a bond or the current income return.
Repurchase Agreement (REPO)- A transaction where the seller agrees to buy back from the buyer (City) the securities at an agreed upon price on demand or at a specified date.
Reverse Repurchase Agreement (REVERSE REPO) - A transaction where the seller (City) agrees to 118
Item # C9.
14 buy back from the buyer the securities at an agreed upon price on demand or at a specified date.
Risk- Degree of uncertainty of return on an asset.
Rule G-37 of the Securities Rulemaking Board - Federal regulations to sever any connection between the making of political contributions and the awarding of municipal securities business.
Safekeeping Service- An arrangement under which a third party institution holds securities or valuables under safe, controlled conditions. A safekeeping arrangement is evidenced by a safekeeping receipt.
Sallie Mae- Trade name for the Student Loan Marketing Association (SLMA), a U.S. sponsored corporation.
Secondary Market- A market made for the purchase and sale of outstanding issues following the initial distribution.
Securities and Exchange Commission (SEC) - The federal agency responsible for supervising and regulating the securities industry.
Settlement Date- The date on which a trade is cleared by delivery of securities against funds.
Tax and Revenue Anticipation Notes (TRANS)- Notes issued in anticipation of receiving tax proceeds or other revenues at a future date.
Time Certificate of Deposit - A non -negotiable certificate of deposit which cannot be sold prior to maturity.
Treasury B ills- U.S. Treasury Bills which are short -term, direct obligations of the U.S. Government issued with original maturities of 13 weeks, 26 weeks and 52 weeks; sold in minimum amounts of $10,000 in multiples of $5,000 above the minimum. Issued in book entry form only. T-bills are sold on a discount basis.
Trustee or trust company or trust department of a bank - A financial institution with trust powers which acts in a fiduciary capacity for the benefit of the bondholders in enforcing the terms of the bond contract.
Underwriter- A dealer which purchases a new issue of municipal securities for resale.
U.S. Government Agencies- Instruments issued by various US Government Agencies most of which are secured only by the credit worthiness of the particular agency.
U.S. Treasury Obligations - Debt obligations of the United States Government sold by the Treasury Department in the forms of Bills, Notes, and Bonds. Bills are short-term obligations that mature in 1 year or less and are sold on the basis of a rate of discount. Notes are obligations which mature between 1 year and 10 years. Bonds are long-term obligations which generally mature in 10 years or more.
Weighted Average Maturity (WAM)- The average maturity of all the securities that comprise a portfolio that is typically expressed in days or years.
119
Item # C9.
15 Yield- The rate of annual income return on an investment, expressed as a percentage. It is obtained by dividing the current dollar income by the current market price of the security.
Yield to Maturity- The rate of income return on an investment, minus any premium or plus any discount, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond, expressed as a percentage.
Yield Curve- A graphic representation that shows the relationship at a given point in time between yields and maturity for bonds that are identical in every way except maturity.
120
Item # C9.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Approve Updates to the Commissioner Handbook, Commission Bylaws, and the Bylaw Addendums for the Economic Development and Trade Commission, the Science, Technology and Innovation Commission, and the Youth Advisory Commission (Staff Contact: Suzanne Guzzetta, Acting City Clerk, 408-586-3001) Category: Consent Calendar-Leadership and Support Services Meeting Date: 8/16/2022
Recommendation: Approve updates to the Commissioner Handbook, Commission Bylaws, and the Bylaw Addendums for the Economic Development and Trade Commission, the Science, Technology and Innovation Commission, and the Youth Advisory Commission.
Background:
On April 16, 2019, Milpitas City Council approved standardized Commission Bylaws and associated addendums for City Commissions. The standardized Commission Bylaws detail a Commission’s operations and afford consistency across the various bodies, allowing for efficiencies in commission management and support. Commission Bylaw addendums capture each individual Commission’s advisory area, meeting date, time, and location, and any special requirements or recommended areas of interest.
Revisions and associated updates to the Commissioner Handbook, Commission Bylaws and Bylaws Addendums have been approved by City Council at various times since the Commissioner Handbook was first adopted by City Council on August 21, 2018.
Analysis:
This staff report recommends revisions to the Commissioner Handbook, Commission Bylaws, and the Bylaw Addendums for the Economic Development and Trade Commission, the Science, Technology and Innovation Commission, and the Youth Advisory Commission as outlined below.
Commissioner Handbook
The Commissioner handbook has been revised to update references, reflect current processes, and clarify language related to alternates, membership, and re-appointments.
Commission Bylaws
The Commission Bylaws have been revised to clarify language regarding quorum and the effect of alternate commission members on quorum.
Economic Development and Trade Commission Bylaws Addendum The Economic Development and Trade Commission Bylaws addendum is revised to update membership requirements for the Real Estate member position to a Commercial Real Estate member position.
Science, Technology and Innovation Commission
The addendum to the bylaws is revised to change meeting frequency from monthly to bi-monthly, six times a year, and detail when the meeting schedule will be approved by the Commission.
Youth Advisory Commission
121
Item # C10.
The Youth Advisory Commission Bylaws Addendum is revised to reflect when appointments to the commission will take place to ensure commission continuity, and update meeting time and location to reflect current practices.
California Environmental Quality Act:
The City Council’s action in making changes to the Commissioner Handbook and Bylaws is exempt from environmental review pursuant to CEQA Guideline 15378(b)(5) as an organizational or administrative activity of the City that will not result in any direct or indirect physical changes in the environment.
Fiscal Impact:
None.
Recommendation:
Approve Updates to the Commissioner Handbook, Commission Bylaws, and the Bylaw Addendums for the Economic Development and Trade Commission, the Science, Technology and Innovation Commission, and the Youth Advisory Commission.
Attachments:
1. Draft Commissioner Handbook
2. Draft Commission Bylaws
3. Draft Economic Development and Trade Commission Bylaws Addendum
4. Draft Science, Technology and Innovation Commission Bylaws Addendum
5. Draft Youth Advisory Commission Bylaws Addendum
122
Item # C10.
Approved 8/21/2018
Updated 1/19/2021
Updated 4/5/2022
CITY OF MILPITAS
COMMISSIONERS HANDBOOK
2022
123
Item # C10.
Milpitas Commissioner Handbook 2 2021
Welcome to City of Milpitas
Service as a Volunteer Commissioner
455 EAST CALAVERAS BOULEVARD , MILPITAS , CALIFORNIA 95035 -5479 PHONE: 408 -586 -3050, FAX: 408 -586 -3056 , www.ci.milpitas.ca.gov
Welcome and congratulations on joining the City of Milpitas team as a City Commissioner or Alternate! I am delighted that you are joining us, as your appointment is important to your Commission’s role in advising the Milpitas City Council as topics and initiatives important to the Milpitas community.
Included in this Commissioner Handbook is information on areas such as participating in a public meeting, attendance, and the role of Commissioners, the staff and council liaisons. I am hopeful that you will use this handbook as a guide to help you at your meetings and as you work with your Commission on your annual Work Plan and advisory areas.
I look forward to all the great work you will do on your Commission and on behalf of the Milpitas City Council, thank you for your service to the Milpitas community!
Sincerely,
Rich Tran
Mayor
C I T Y O F M I L P I T A S
O F F I C E O F M A Y O R R I C H T R A N
124
Item # C10.
Milpitas Commissioner Handbook 3 2021
INDEX
I. City Overview, Current City Commissions & Ad Hoc bodies 4
II. Role of Commissioners, Chair & Vice Chair, City Staff 5
III. Membership – Application & Appointment, Re-appointment, Term Limits and Orientation 6 – 7
IV. Work plan, Budget, Attendance, Resignation & Participation 8
V. Celebration and Fundraising 9
VI. Ethics 10
VII. California’s Ralph M. Brown Act and City of Milpitas Open Government Ordinance 11
VIII. Parliamentary Procedure at Meetings 12
IX. Resources and Conflict of Interest Guidelines 13
X. Appendices 14
125
Item # C10.
Milpitas Commissioner Handbook 4 2021
CITY OVERVIEW
City of Milpitas is a California municipality of approximately 84,000 residents, and was incorporated as a General Law City in January of 1954. Elected City Officers are the Mayor (term of 2 years) and four elected City Councilmembers (terms of 4 years each). Those leaders are elected by Milpitas voters on the ballot in November elections held each even year.
City Council is the body responsible for making all major policy decisions and direction for the City of Milpitas, including adoption of the City’s annual budget. The City Council votes at regular City Council meetings on all expenditures, major land use plans, infrastructure projects and facility and program activities. The Council relies on input from many sources, including the 12 Advisory Commissions along with other Task Forces, Ad Hoc Committees and residents at large.
CURRENT CITY COMMISSIONS AND COMMITTEES
As of the publication of this manual, the following are 12 City of Milpitas Commissions for which residents may volunteer to serve by Mayoral appointment:
Arts Commission
Community Advisory Commission
Economic Development and Trade Commission
Energy and Environmental Sustainability Commission
Library and Education Advisory Commission
Parks, Recreation and Cultural Resources Commission
Planning Commission
Public Safety and Emergency Preparedness Commission
Senior Advisory Commission
Science, Technology and Innovation Commission
Veterans Commission
Youth Advisory Commission
Measure F Oversight Committee
All Commissions will consist of seven (7) appointed Commissioners, except the Parks, Recreation and Cultural Resources Commission which will consist of nine (9) appointed Commissioners. All Commissions, except the Planning Commission, will also have 2 appointed Alternate Members, and all Commissions, except the Planning Commission and Youth Advisory Commission, may have one (1) Milpitas resident enrolled in grades 9-12, as a non-voting member. The Arts Commission may have two (2) Milpitas resident enrolled in grades 9-12, as non-voting members.
AD HOC CITIZEN TASK FORCES AND COMMITTEES
Deleted: 78
126
Item # C10.
Milpitas Commissioner Handbook 5 2021
From time to time, as needs arise, the Milpitas City Council may choose to appoint residents to serve on ad hoc advisory bodies. Examples include the HOPE (Suicide Prevention) Task Force, the Ad Hoc Homelessness Task Force, and Citizens Task Force on Water Rates. Each body to which members are appointed by the City Council shall report back to the Council at appropriate intervals and upon conclusion of the task assigned by the Council. Members’ service concludes once a final report is provided to City Council, or as City Council directs.
Role of Commissioners, Alternate Members, Chair & Vice Chair, City Staff and City Council
Commissioners serve as voluntary members from the community advising the City Council on policies related to the purpose of their Commission. They are expected to attend all meetings, actively participate and deliberate, and vote on any matters that are requested for recommendation to the City Council.
Alternate Members serve only in the absence of a voting member. When a voting Commissioner is absent from a Commission meeting, alternates will be seated at the table or dais to participate in a voting role at the meeting. If a regular voting Commissioner arrives subsequently, that person shall not participate as a voting member.
Once per year, Commissioners will vote to elect a Chair and Vice Chair of the Commission. The Chair is responsible for leading the regular meetings of the Commission. The Chair shall call the meeting to order, state items to be discussed on the agenda, permit all members the opportunity to be heard, allow for comments from the public, call for a vote when required and work directly with the staff liaison to ensure a successful meeting. The Vice Chair shall serve the role of Chair in the absence of the Chair. No Commissioner shall serve more than three consecutive years as the Chair or Vice Chair of any Milpitas Commission.
A City staff liaison to your Commission is available to provide staff support and work closely with the Chair to develop the meeting agendas and any information gathered for benefit of the Commissioners. Staff shall assist in guiding the work of the Commission, provide agendas and take meeting minutes. The City Manager shall assign appropriate staff liaison(s) to each Commission.
Volunteer City Commissioners do not direct or delegate work tasks to staff or Council liaisons. Commission annual work plan activities and assignments are to be completed by Commissioners.
Deleted: have included
Deleted: Citizens Budget Task Force, Campaign Finance
Reform Committee and Citizens Task Force on Water
Rates…
Deleted: regularly scheduled
Deleted: the Commission Chair shall call upon an
alternate to be seated
Deleted: Keep in mind that v
127
Item # C10.
Milpitas Commissioner Handbook 6 2021
The City Attorney may be available to provide legal advice when asked by the staff liaison regarding the Brown Act, parliamentary procedure, or on topics related to the Commission’s business. Except for the Planning Commission, the City Attorney will not attend Commission meetings on a regular basis.
Milpitas Mayor and City Council together serve as the ultimate deliberative body regarding all business and policy matters for the City of Milpitas. Significant work by Commissions shall result in recommendations to the City Council, which will then vote to approve any City policy or expenditure.
Membership – Application Process, Method of Appointment, Departure, Terms of Service and Term Limits
Requirement to serve: the main requirement to be appointed to most Commissions is to be a current resident of Milpitas over age 18. Specific requirements for select Commissions are reflected in the approved Bylaw Addendums. For example, members of the Economic Development and Trade Commission are not required to be residents, however, they shall represent various segments of the business community.
The City Council may appoint one (1) Milpitas resident enrolled in grades 9-12, as a non-voting member, to a Commission (except the Planning and Youth Advisory Commission). For the Arts Commission, the City Council may appoint two (2) Milpitas residents enrolled in grades 9-12, as non-voting members.
APPLICATION & APPOINTMENT
To apply for service on any City of Milpitas Commission, residents or interested persons shall complete a Commission Application and submit the form to the City Clerk. The form may be submitted in person, by US postal mail or by e-mail. The form is available from the City Clerk’s office or on the City website. If requested, applicants may be asked to complete a supplemental questionnaire.
Copies of applications are provided to the Mayor for his/her consideration. Per Government Code, the Mayor of a General Law city holds the power of appointment, upon confirmation by the City Council. The City Council must vote to affirm all appointments to Commissions by the Mayor.
Applicants may express interest in serving on more than one Commission. However, residents may only serve on one Commission at a time, except by special exception of the City Council. City employees may not be appointed to Commissions.
Deleted: a
Deleted: (except Youth Advisory Commission)
Deleted: T
Deleted: Additional requirements for select
Commissions are reflected in the approved By-Laws. For
example, members of the Economic Development
Commission are not required to be residents, however,
they shall represent various segments of the business
community. ¶
Deleted: F
Deleted: F
Deleted: at
Deleted: and
Deleted: The Mayor may appoint two Councilmembers
to a City Council Subcommittee to review applications,
interview applicants and make recommendations for
appointment or re-appointment to all Commissions.
128
Item # C10.
Milpitas Commissioner Handbook 7 2021
RE-APPOINTMENT
Appointed Commissioners may seek to be re-appointed upon the expiration of their current term. Re-appointment to a new term is not automatic, but rather must be recommended by the Mayor and confirmed by the City Council. The City Clerk’s Office will contact Commissioners eligible for re-appointment to confirm they seek to be re-appointed. The City Clerk will transmit those requests to the Mayor.
The length of a Commissioner’s term of service on a Commission is specified in the Commission by-laws and these do vary by Commission. Alternate members (non- voting) may have shorter terms than voting Commissioners.
When a Commission term is vacant and a new member is appointed to fill the vacancy, the term of service and expiration of the term remains the same as the original appointment, i.e. the expiration and length of the term is static.
Alternate members are appointed by the Mayor and Council, and shall be available to be seated as voting members at a Commission meeting when a voting Commissioner is absent. Alternate members do not deliberate or vote when all regular members are present at the Commission meeting.
Bylaws and Orientation by Staff
All City of Milpitas Commissions have written By-Laws by which Commissioners and staff abide, which are written by the City Attorney. By-laws may be viewed on the City’s website and are provided to all Commissioners from their staff liaison.
A template for the basic edition of all Commission by-laws is included with this handbook, in the appendix.
Links to all Commission’s By-laws can be found online on each Commission page:
http://www.ci.milpitas.ca.gov/our-government/commission/
The staff liaison shall provide an orientation in person to newly appointed Commissioners. Extensive training is provided in particular to the Planning Commission, commensurate with those duties related to land use decision making – serving as a quasi-judicial body - per the Milpitas Municipal Code. Staff shall ensure that contact information is provided by the Commissioner allowing communication via email for distribution of agendas or other important information.
A nameplate is created for each new Commissioner. Business cards up to 50 each annually may be printed by staff, in house, on City standard format for Deleted: Those seeking re-appointment to a new term
shall contact the Mayor to express their requestsubmit
their requests for re-appointments to .
Deleted: a
Deleted: regular
129
Item # C10.
Milpitas Commissioner Handbook 8 2021
Commissioners for City business purposes only. City of Milpitas business cards with City logo may not be printed privately or by an outside party.
ANNUAL WORKPLAN
Each Commission shall discuss and prepare its annual work plan, which shall be submitted and approved by City Council. The work plan is a list of the anticipated topics, assignments and goals that Commissioners will focus on over a 12 months’ period. In turn, the Council may request an annual report listing accomplishments of each Commission based on the work plan. All Reports may be presented at one meeting to the City Council annually.
ANNUAL BUDGET
City Council shall allocate $1,000 annually for each Commission. Funds are to be used towards City Council approved Work Plan tasks and projects, and administrative costs related to the Commission. Those Commissions that determine a need for additional funding shall return to City Council with a stated request for more funds and the purpose for those. City Council shall approve or deny any request for such expenditures.
REQUIRED ATTENDANCE / POLICY FOR REMOVAL
All appointed Commissioners (and Committee or other ad hoc body members) are expected to attend all regular meetings. Meetings are scheduled at specified times each month or at regular intervals. Attendance and participation in the business of the Commission is necessary for the success of the Commission in achieving its annual work plan goals. When a Commissioner is unable to attend a meeting, it is courteous to notify the City staff liaison and Commission Chair of expected absence.
If any Commissioner is absent from three or more meetings in a year, that information will be reported to the City Council and can be grounds for removal. This policy allows for another resident to be appointed to the Commission. Attendance is tracked by staff and the City Clerk shall report to the City Council quarterly.
RESIGNATION
If a Commissioner is no longer available to serve, he or she must submit resignation in writing by sending a written communication to the Mayor and the City Clerk. This is per adopted City Council Resolution No. 7702. The written resignation must then be accepted by City Council via action on consent calendar at a regular meeting.
By state law, a 20-day Notice of Vacancy must then be posted by the City Clerk to invite new applicants for the vacant Commission seat.
130
Item # C10.
Milpitas Commissioner Handbook 9 2021
PARTICIPATION
When attending Commission meetings, all voting members have the opportunity and right to participate and be heard. The Chair of the Commission holds the responsibility for decorum at the meetings, and shall permit each Commissioner to offer comments and make any motions on matters on the meeting agenda.
Additionally, some Commissions expect participation by Commissioners outside of the regular meetings. For example, Planning Commissioners may attend the annual Planners Institute offered by the League of California Cities. Several Commissions participate in various joint events throughout the year and other participation in Commission events may be required, as identified in the adopted annual work plan.
CELEBRATION
The Mayor and City Council appreciate the service of each and every Commissioner.
As a way to express their appreciation, once each year in the spring, the City Council hosts an event to honor current Commissioners for their service. This may be a luncheon event at the Community Center or another facility. Each Mayor and City Council will determine and plan the celebration annually, as desired and budgeted, for the Commissioners, Alternate Members and their guests to enjoy.
FUNDRAISING
Several Commission work plans (approved by City Council) call for fundraising efforts, and those funds may then be utilized for events, contribution to non-profits, or for service provision. Money raised on behalf of the City of Milpitas will be held by the City of Milpitas as part of and in accordance with best practices of the city’s Finance Department. Any requests for funds to be dispersed will require City Council approval. City staff will work with Commissions to ensure proper accounting procedures and practices are followed to reflect compliance with City and state regulations alongside ethical action.
131
Item # C10.
Milpitas Commissioner Handbook 10 2021
ETHICS AND EXPECTED STANDARDS OF PERFORMANCE
City Commissioners are representatives of the City while serving in their role as volunteer Commissioners, both while in attendance at meetings and while present at City functions as a Commissioner. All Commissioners and Alternate Members shall adhere to ethical behavior at all times and that entails compliance with the City of Milpitas Standard Operating Procedure 16-1 “Code of Conduct for Public Officials” (see appendix). The code requires dedicated service, equal treatment, under- standing potential for and avoiding conflicts of interest, and not participating in political activity while performing Commission duties.
City officials including appointed City Commissioners shall be required to participate in state-mandated ethics training (commonly referred to as AB1234). Such training is available online from the FPPC, on YouTube, and from the City Attorney.
Here are links to ethics training courses available:
Fair Political Practices Commission:
http://www.fppc.ca.gov/learn/public-officials-and-employees-rules-/ethics- training.html
Institute for Local Government:
http://www.ca-ilg.org/ethics-education-ab-1234-training
Upon completion of the training, Commissioners shall file a signed certificate with the City Clerk, which shall remain on file in the Clerk’s office for the length of service of the Commissioner.
132
Item # C10.
Milpitas Commissioner Handbook 11 2021
California’s Ralph M. Brown Act
The Brown Act or Open Meetings law is found in the California Government Code section 54950 et seq. This significant law was enacted in 1953 to guarantee the public’s right to attend and participate in all meetings of local legislative bodies.
Those bodies include commissions, committees, boards or other body of a local agency, whether permanent or temporary, decision-making (such as Planning Commission) or advisory (all others). Most importantly, according to this law, all meetings must be properly noticed for participants and for the public. City staff must ensure this occurs for all Commissions.
Notably, a majority of the members of any Commission may not discuss or deliberate on any business within the subject matter jurisdiction of the Commission except at a noticed meeting, and this includes in person interactions as well as serial or indirect communications.
The agenda for a regular meeting must be posted in a location at the meeting site and freely accessible to members of the public at least 72 hours before the meeting.
Any meeting not established as a regular meeting is a “Special” meeting and a special meeting agenda must be posted at least 24 hours prior to the meeting.
Agendas must be posted at the building where the meeting occurs, and in Milpitas, also on the City’s website. Agendas for all meetings held at Milpitas City Hall are posted on the outside board for this purpose at the northwest entry to the building.
Meetings that are not properly noticed are not permitted. That would include “serial” meetings – which would be when one Commissioner contacts another, who then contacts another Commissioner by phone, e-mail or in person. All business of the Commission must be listed on the agenda, posted, and discussed at a public meeting held in an accessible location. Therefore, care must be taken to ensure that if a quorum (half of the members + 1) is gathered at a public or private place, no public business shall be discussed. For this purpose, e-mail communication between Commissioners should be avoided including the use of “Reply All” to any staff notices sent via e-mail to the entire Commission.
City of Milpitas Open Government Ordinance
In 2005, Milpitas City Council adopted the Open Government Ordinance and amended it in 2009. This is the local version of the City’s “Sunshine Law” and ensures that all public business of the city government is conducted in public. It enhances Brown Act requirements. This law is available to read and review in the City’s published Milpitas Municipal Code online, as Title I Chapter 310 found here:
133
Item # C10.
Milpitas Commissioner Handbook 12 2021
https://library.municode.com/ca/milpitas/codes/code_of_ordinances?nodeId=TITIA D_CH310OPGOOR .
Parliamentary Procedure at Meetings
Meetings shall operate using standard parliamentary procedures following an approved meeting agenda. Most entities follow Robert’s Rules of Order (or, in the alternative Rosenberg’s). Procedures generally include:
1. Establish and post a written agenda.
2. Agenda includes a Call to Order, Roll Call, note start and ending times.
3. Action by Motions made, seconded, discussed and voted upon.
4. Adjourn the meeting to conclude or continue the meeting.
One Commissioner can make a motion to approve an action, another member shall second the motion aloud, and then the Commission Chair shall call for a vote. Staff will record the number of votes in favor, the number opposed and any abstaining.
The Chair will announce the result of the vote. Voting is most frequently done by voice, aloud, and may also be done by roll call or by a show of hands.
Motions may also be voted upon to open and close a public hearing, to adjourn (end) the meeting, or other necessary actions of the Commission. Training on these technical procedures is available and staff liaisons will schedule for new members.
The City Clerk can provide to each Commissioner one copy of the copyrighted booklet “The a-b-c’s of Parliamentary Procedure” published by Channing Bete.
134
Item # C10.
Milpitas Commissioner Handbook 13 2021
Resources Available for Commissioners
City of Milpitas web page for Commissions:
www.ci.milpitas.ca.gov/our-government/commission/commission-member- resources/
League of California Cities www.cacities.org
(Ethics, Brown Act and other training available online)
Fair Political Practices Commission www.fppc.ca.gov
(Training available on YouTube regarding Forms)
Parliamentary Procedure video www.youtube.com/watch?v=FfnBGolKmbM http://www.rulesonline.com/
Roberts Rules of Order http://robertsrulesmadesimple.com/
Conflict of Interest Guidelines
State of California Fair Political Practices Commission (“FPPC”) regulates reporting of potential conflicts of interest, according to the Political Reform Act. It mandates the filing of annual forms, known as Form 700/Statement of Economic Interests in accordance with the City’s adopted Conflict of Interest Code. City Council, specified City staff, and certain City Commissioners must file Form 700 with the City Clerk each year. Its purpose is to reveal any potential conflicts of interest, relative to any financial interests held solely within the City of Milpitas. Forms must be filed initially when first appointed (Assuming Office), annually by April 1 each year, and then once more when departing the Commission upon resignation or conclusion of the term (Leaving Office).
More information and Form 700 is online at www.fppc.ca.gov . Contact the Milpitas City Clerk with any questions.
Commissions required to file Form 700:
Arts Commission
Community Advisory Commission
Economic Development & Trade Commission
Energy & Environmental Sustainability Commission
Parks, Recreation and Cultural Resources Commission
Planning Commission
Science, Technology & Innovation Commission
Deleted: guidelines
135
Item # C10.
Milpitas Commissioner Handbook 14 2021
APPENDICES
A. Standardized Commission By-Laws
B. Standard Operating Procedure 16-1 “Code of Conduct for Public Officials”
C. FPPC Form 700 Statement of Economic Interests
D. City Council Resolution No. 7702 – notification upon resignation
Deleted: Sample
136
Item # C10.
Milpitas Commissioner Handbook 15 2021
APPENDIX A
Standardized Commission Bylaws
CITY OF MILPITAS
COMMISSION BY-LAWS
Section 1. Purpose
A Commission serves as an active advisory group to the City Council on a variety of topics as directed by the City Council. These Commission By -Laws are applicable to all Commissions except for the Planning Commission, which is governed by the Municipal Code, Chapter 500. In addition to these By -Laws, each Commission shall have an addendum that is specific to the Commission and includes information about the Commission scop e, member eligibility, and meeting frequency.
Section 2. Membership
A Commission is composed of seven (7) members and two (2) alternates appointed by the Mayor and approved by the City Council. All members and alternates shall be Milpitas residents, 18 years or older, unless otherwise noted in the Commission Bylaws Addendum. In addition to the seven (7) members and two (2) alternates, one (1) Milpitas resident enrolled in grades 9-12 may also be appointed as non-voting member by the Mayor and confirmed by the City Council for all Commissions except for the Youth Advisory Commission. The City Council may appoint a Council liaison to serve on the Commission in a non-voting capacity.
Section 3. Term of Office & Removal
The term of office is three years, or until the seat is filled, for every Commission and is tied to specific seats, not actual Commission members or alternates. A Commission member or alternate is appointed for the term of the seat, which can be less than three years, based on the time of appointment. A Commission member can re-apply at the end of each term.
Members and alternates are expected to attend all meetings. When any member or alternate has three or more absences in a 12-month period, the City Clerk’s Office shall forward this information to the City Council for review and possible removal of the member or alternate from the Commission. Any member or alternate of the Commission may be removed from office at any time by a simple majority vote of the City Council at a regularly scheduled Council meeting, with or without cause.
Members and alternates may apply for reappointment by submitting a letter or e-mail of interest to the Mayor with a copy to the City Clerk prior to the expiration of his/her term of office. Any member or alternate of the Commission who wishes to resign MUST submit a letter of resignation or email to the Mayor with a copy to the City Clerk. Resignations will be confirmed by the City Council at a regularly scheduled Council meeting.
Deleted: Sample
137
Item # C10.
Milpitas Commissioner Handbook 16 2021
Section 4. Vacancies
Vacancies will be filled for the unexpired portion of the term by the Mayor with the approval of the City Council.
Section 5. Officers
A Chair and Vice Chair will be selected annually at the first meeting of the calendar year from the appointed members for a term of one year. The Chair will call for meetings and preside over all sessions. In the absence of the Chair and Vice C hair, the member with longest continuous service on the Commission will preside.
Section 6. Meetings
Commissions shall hold regular meetings at a predetermined day, week, time and location. All meetings shall be open to the public. Should a scheduled meeting occur on a holiday, said meeting will be deferred to the same day of the following week or to a date agreed upon by a majority of the Commission. Special meetings may be called by majority vote, the Chair, Staff Liaison, or the City Council. No meetings will be held in the month of July. Notice of any special meeting shall be given as required by law. Except as otherwise provided by these Bylaws, the Commission shall follow the latest edition of Robert’s Rules of Order for the orderly conduct o f meetings.
Section 7. Quorum
A quorum is a majority of the total voting seats on the Commission. Any FOUR (4) voting members, including alternates, shall constitute a quorum for the transaction of business. Alternates count towards quorum even when not seated until after the start of a meeting.
Section 8. Voting and Seating of Alternates
Voting authority is extended to the SEVEN (7) regular members. An alternate member shall vote only if seated in the absence of a regular member. In the event that a regular member is absent, alternate members shall be seated in order of their alternate position. If a member arrives after an alternate has been seated, the alternate shall remain as the voting member until the end of the meeting.
Section 9. Duties of Commission to be Advisory Only
It is intended that the Commission shall be an advisory body to the City Council.
Section 10. Subcommittees
Other committees within the Commission will be subcommittees of the Commission. The Commission may appoint such subcommittees, with at least one Commission member on the subcommittee, but not more than three members so as not to constitute a quorum.
Section 11. Assistance of Staff
138
Item # C10.
Milpitas Commissioner Handbook 17 2021
The City Manager of the City of Milpitas shall provide th e Commission with such information and staff assistance as the Commission may from time to time request subject to the limitations imposed by the City Council. The staff member designated by the City Manager shall attend meetings of the Commission, meetin gs of the Commission subcommittee as necessary, and submit such reports as said Commission may request and as deemed necessary or desirable, subject to limitations imposed by the City Council. The role of the Staff Liaison on a Commission is defined and should be referred to in the City of Milpitas Commissioner Handbook.
Section 12. Amendments
These Bylaws are subject to change through amendments approved by the City Council.
139
Item # C10.
Milpitas Commissioner Handbook 18 2021
APPENDIX B
CITY OF MILPITAS, CALIFORNIA
STANDARD OPERATING PROCEDURE 16-1
Effective: 03-02-1970
Revised: 03-17-1976
06-02-2004
SUBJECT: CODE OF CONDUCT FOR PUBLIC OFFICIALS
The proper operation of democratic government requires that public officials and employees be independent, impartial, and responsible to the people. The purpose of this Code of Conduct is to establish ethical standards of conduct for all such persons and to direct disclosure by such public officials and employees of private, financial or other interests in matters affecting the City. This Code is distinct from the Milpitas Code of Ethics, which applies solely to elected and appointed officials, campaign candidates, city management, and senior staff.
The municipal officials and employees of the City of Milpitas, whether elected or appointed , are "public officials and employees" within the meaning and intent of this Code.
1. Responsibilities of public office.
a. Public officials and employees are bound to observe in their official acts the highest standards of morality and to discharge faithfully the duties of their office regardless of personal considerations, recognizing that the public interest must be their primary concern. Their conduct in both their official and private affairs should be above reproach.
b. Public officials and employees are bound to uphold the Constitution of the United States and the Constitution of the State of California and to carry out impartially the laws of the nation, state, and municipality.
2. Dedicated Service.
Public officials and employees should not exceed their authority or breech law or ask others to do so and they should work in full cooperation with other public officials and employees unless prohibited from doing so by law or by officially recognized confidentiality of their work.
3. Fair and Equal Treatment.
a. Unilateral Communications. No public official or employee should encourage, make, or accept any application or communication from any party made out of the presence and without the knowledge of other 140
Item # C10.
Milpitas Commissioner Handbook 19 2021
parties in a matter unde r consideration when such application or communication is designed to influence an official decision or the conduct of the official or other officials, employees, or agencies in order to obtain favored treatment or special consideration to advance the pers onal or private interests of himself/herself or others.
Any written unilateral communication received by a public official or employee in matters where all interested parties should have equal opportunity for a hearing should be made part of the record b y the recipient. Any oral unilateral communication received under such condition should be written down in substance by the recipient and also made a part of the record.
b. Use of Public Property. No public official or employee shall request, use, or pe rmit the use of city -owned vehicles, equipment, materials, or property for personal convenience or profit, except when such services are available to the public generally or are provided as municipal policy for the use of such official or employee in the conduct of official business.
4. Conflict of Interest.
a. No public official or employee, whether paid or unpaid, shall engage in any business or transaction or shall have a financial interest or other personal interest, direct or indirect, which is incompatible with the proper discharge of his/her official duties in the public interest or would tend to impair his/her independence of judgment or action in the performance of said official duties. Personal, as distinguished from financial interests, includes an interest arising from blood or marriage relationships, personal friendships, fraternal relationships or close business or political associations.
b. Specific conflicts of interests are enumerated below for the guidance of officials. This list is merely illustrative and not exclusive:
(1) Incompatible Employment . No public official or employee shall engage in or accept private employment or render services from private interests when such employment or services is
incompatible with the proper discharge of his/her official duties or would tend to impair his/her independence of judgment or action in the performance of said official duties. In the event a public official or employee should possess a financial or personal interest in any business or transaction, any presumption of conflict of interest in his/her public duties shall be removed by disclosure of the nature and extent of such investment to the proper authority for the records of said authority.
141
Item # C10.
Milpitas Commissioner Handbook 20 2021
(2) Disclosure of Confidential Informati on. No public official or employee shall, without proper legal authorization, disclose confidential information concerning the property, government, or affairs of the City. Nor shall they use such information to advance the financial or other private interests of themselves over others.
(3) Gifts and Favors . No public official or employee shall accept any gift at any time, whether in the form of a service, loan, thing, or promise, from any person, firm or corporation, which to his/her knowledge is inter ested directly or indirectly in any manner whatsoever in business dealings with the City; nor shall any such official or employee accept a gift, favor or thing of value that may tend to influence him/her in the discharge of his/her duties, or grant in the discharge of said duties any improper favor, service, or thing of value. The following exceptions may be permitted with the approval of the City Manager:
(a) A gift of candy or other perishable food items to the City or department, which is to be kept in the office area and shared by all employees;
(b) A gift justified by a personal relationship, which exists outside the realm of City business.
In situations where a public official or employee receives a gift, which is extremely embarrassing to return, the City Manager's Office has draft copies of letters, which might be enclosed to return the gift to the party who sent it. Anonymous gifts should be given to the City Manager's Office for disposal to a local charity if it has no useful purpose to the City.
(4) Representing Private Interests Before City Agencies or Courts . No public official or employee whose salary is paid in whole or in part by the City shall appear in behalf of private interests before any agency of the City; nor shall they represent private interests in any action or proceeding against the interest of the City or in any litigation to which the City is a party.
(5) Contracts with the City. The public has a right to assume that City employees are given no special advantages by virtue of their employment. Whether or not any special advantage exists, an employee's private involvement in any item bought or sold by the City is subject to criticism and misunderstanding and should be avoided. In accordance with Section 1090 of the Governm ent 142
Item # C10.
Milpitas Commissioner Handbook 21 2021
Code, City officers and employees are prohibited from bidding on or buying any items offered for sale by the City. This prohibition includes:
(a) The auction and sale of bicycles, personal property, and other items confiscated or held for safekeeping by the City; and
(b) The use of intermediaries to purchase such items for a City of Milpitas employee.
No public official or employee shall become a vendor selling any item to the City. Further, said officials and employees shall not participate in Ci ty purchases to buy anything for themselves, friends or relatives. Nor shall City purchases be used to secure personal price advantages.
Public officials and employees are cautioned from accepting "discounts" or other advantages offered by vendors to "C ity Employees." While these may be legitimate business promotions from ethical businesses, employees should first ensure that they are not compromising themselves or placing the City in a potentially embarrassing position through a conflict with their official duties.
(6) Disclosure of Interest in Legislation. Any public official or employee who appears before the City Council and has a financial or private interest in any pending City legislation should disclose such interest on the record of the City Council and thereafter abstain from participating in discussions with or giving an opinion to the Council.
(7) City officials or employees who discover lost or stolen property should immediately turn it in to the Police Department. If the property is discovered while on duty, the official or employee is not entitled to receive unclaimed property in accordance with the Civil Code. However, except for peace officers, unclaimed property discovered when off duty may be claimed in accordance with the law.
5. Political Activity.
In accordance with Title VI, Chapter 101, Section 18, of the City Ordinance Code, no public official or employee shall during hours of work or when dressed in a uniform required in any department of the City or when wearing any City insignia required or permitted in any department of the City or while identifying 143
Item # C10.
Milpitas Commissioner Handbook 22 2021
themselves as an officer or employee of the City of Milpitas, participate in any City, District, County, State, Federal, or other political activity or participate in an y nomination, campaign or election.
This does not prevent any officer or employee from:
a. Becoming or continuing to be a member of a political club or organization;
b. Attending political meetings;
c. Enjoying entire freedom from all interference in voting;
d. Speaking or accepting election or appointment to public office while on leave of absence;
e. Seeking signatures for any initiative or referendum petition directly affecting rates of pay, hours of work, retirement, civil service or other working conditions provided such activity is not carried on during hours of work;
f. Distributing badges, pamphlets, dodgers, or hand bills or other participation in any campaign in connection with such petition if the activity is not carried on during hours of work or when dressed in the uniform required in any department of the City.
A violation of any provisions of this Code may constitute a cause for suspension, removal from office or employment or other disciplinary action.
The Council amended thi s SOP and renamed it to Code of Conduct for Public Officials by Resolution No. 7414 effective June 1, 2004.
16-1/SOP/6-04
144
Item # C10.
Milpitas Commissioner Handbook 23 2021
APPENDIX C
FPPC Form 700 Statement of Economic Interests
145
Item # C10.
Milpitas Commissioner Handbook 24 2021
APPENDIX D
146
Item # C10.
City of Milpitas Commission Standardized Bylaws 1
CITY OF MILPITAS
COMMISSION BY-LAWS
Section 1. Purpose
A Commission serves as an active advisory group to the City Council on a variety of topics as directed by the City Council. These Commission By -Laws are applicable to all Commissions except for the Planning Commission, which is governed by the Municipal Code, Chapter 500. In addition to these By -Laws, each Commission shall have an addendum that is specific to the Commission and includes information about the Commission scop e, member eligibility, and meeting frequency.
Section 2. Membership
A Commission is composed of seven (7) members and two (2) alternates appointed by the Mayor and approved by the City Council. All members and alternates shall be Milpitas residents, 18 years or older, unless otherwise noted in the Commission Bylaws Addendum. In addition to the seven (7) members and two (2) alternates, one (1) Milpitas resident enrolled in grades 9-12 may also be appointed as non-voting member by the Mayor and confirmed by the City Council for all Commissions except for the Youth Advisory Commission. The City Council may appoint a Council liaison to serve on the Commission in a non-voting capacity.
Section 3. Term of Office & Removal
The term of office is three years, or until the seat is filled, for every Commission and is tied to specific seats, not actual Commission members or alternates. A Commission member or alternate is appointed for the term of the seat, which can be less than three years, based on the time of appointment. A Commission member can re-apply at the end of each term.
Members and alternates are expected to attend all meetings. When any member or alternate has three or more absences in a 12-month period, the City Clerk’s Office shall forward this information to the City Council for review and possible removal of the member or alternate from the Commission. Any member or alternate of the Commission may be removed from office at any time by a simple majority vote of the City Council at a regularly scheduled Council meeting, with or without cause.
Members and alternates may apply for reappointment by submitting a letter or e-mail of interest to the Mayor with a copy to the City Clerk prior to the expiration of his/her term of office. Any member or alternate of the Commission who wishes to resign MUST submit a letter of resignation or email to the Mayor with a copy to the City Clerk. Resignations will be confirmed by the City Council at a regularly scheduled Council meeting.
Section 4. Vacancies
Vacancies will be filled for the unexpired portion of the term by the Mayor with the approval of the City Council.
147
Item # C10.
City of Milpitas Commission Standardized Bylaws 2
Section 5. Officers
A Chair and Vice Chair will be selected annually at the first meeting of the calendar year from the appointed members for a term of one year. The Chair will call for meetings and preside over all sessions. In the absence of the Chair and Vice C hair, the member with longest continuous service on the Commission will preside.
Section 6. Meetings
Commissions shall hold regular meetings at a predetermined day, week, time and location. All meetings shall be open to the public. Should a scheduled meeting occur on a holiday, said meeting will be deferred to the same day of the following week or to a date agreed upon by a majority of the Commission. Special meetings may be called by majority vote, the Chair, Staff Liaison, or the City Council. No meetings will be held in the month of July. Notice of any special meeting shall be given as required by law. Except as otherwise provided by these Bylaws, the Commission shall follow the latest edition of Robert’s Rules of Order for the orderly conduct o f meetings.
Section 7. Quorum
A quorum is a majority of the total voting seats on the Commission. Any FOUR (4) voting members, including alternates, shall constitute a quorum for the transaction of business. Alternates count towards quorum even when not seated until after the start of a meeting.
Section 8. Voting and Seating of Alternates
Voting authority is extended to the SEVEN (7) regular members. An alternate member shall vote only if seated in the absence of a regular member. In the event that a regular member is absent, alternate members shall be seated in order of their alternate position. If a member arrives after an alternate has been seated, the alternate shall remain as the voting member until the end of the meeting.
Section 9. Duties of Commission to be Advisory Only
It is intended that the Commission shall be an advisory body to the City Council.
Section 10. Subcommittees
Other committees within the Commission will be subcommittees of the Commission. The Commission may appoint such subcommittees, with at least one Commission member on the subcommittee, but not more than three members so as not to constitute a quorum.
Section 11. Assistance of Staff
The City Manager of the City of Milpitas shall provide th e Commission with such information and staff assistance as the Commission may from time to time request subject to the limitations imposed by the City Council. The staff member designated by the City Manager shall attend meetings of the Commission, meetin gs of the Commission subcommittee as necessary, and submit such reports as said Commission may request and as deemed necessary or desirable, subject to limitations imposed by the City Council. The role of the Staff Liaison on a Commission is defined and should be referred to in the City of Milpitas Commissioner Handbook.
148
Item # C10.
City of Milpitas Commission Standardized Bylaws 3
Section 12. Amendments
These Bylaws are subject to change through amendments approved by the City Council.
PASSED AND ADOPTED APRIL 16, 2019.
Addendums:
1) Arts Commission
2) Community Advisory Commission
3) Economic Development and Trade Commission
4) Energy and Environmental Sustainability Commission
5) Library and Education Advisory Commission
6) Parks, Recreation and Cultural Resources Commission
7) Public Safety and Emergency Preparedness Commission
8) Senior Advisory Commission
9) Science, Technology, and Innovation Commission
10) Veterans Commission
11) Youth Advisory Commission
149
Item # C10.
CITY OF MILPITAS
STANDARD COMMISSION
BYLAWS
Addendum: Economic Development and Trade Commission
The Economic Development and Trade Commission was originally established by the Milpitas City Council on February 18, 2003. On August 21, 2018, the City Council merged this Commission’s advisory areas to include those of the dissolved Sister Cities Commission, which would be addressed through an international trade advisory area.
Advisory Area
This Commission will advise the Council on business issues, cultivate international trade relationships, and make recommendations on the design, development, and implementation of economic development in the City of Milpitas.
Membership
All members and alternates shall be Milpitas residents, OR own a business or be currently employed at a business located within the City limits of Milpitas.
Members of the Economic Development and Trade Commission are most appropriate, but not limited to the following areas of expertise or interest:
• Chamber of Commerce
• Milpitas Unified School District/Education
• Technology and Trade
• Business (may include, but not limited to, retail, restaurant, hotel, commercial, etc.) • Commercial Real Estate (may include, but not limited to, brokers, developers, property owners, etc.)
• Resident
Economic Development Staff will consult with the Mayor on appointments to the Commission.
The City Council may confirm a Milpitas Unified School District Board Member liaison to serve on the Commission. This Member is selected by the Milpitas Unified School District Board and confirmed by Council at a City Council meeting.
Meetings
The Economic Development and Trade Commission shall hold meetings the 2nd Mondays of every month except, December and July, at 4:30 PM at the Committee Conference Room in City Hall, or a designated location.
PASSED AND ADOPTED APRIL 16, 2019.
150
Item # C10.
Passed and Adopted 4/16/19 Revised X/X/XX
Formatted: Font: 9 pt
CITY OF MILPITAS
STANDARD COMMISSION
BYLAWS
Addendum: Science, Technology and Innovation Commission
The Science, Technology and Innovation Commission was originally established by City Council on September 6, 1994. On August 21, 2018, the City Council updated the name of the Commission.
Advisory Area
This Commission will advise the Council on matters pertaining to technology services benefitting the Milpitas community.
Meetings
The Science, Technology and Innovation Commission shall meet 6 times a year on the 3rd Monday of that month, at 7:00 PM at the Committee Conference Room in City Hall, or another designated location. The schedule of meetings will be determined by the Commission at the first meeting following the July City Council legislative break.
PASSED AND ADOPTED APRIL 16, 2019.
Deleted: hold meetings
Deleted: every
Deleted: except July,
151
Item # C10.
Passed and Adopted 4/16/19 Revised X/X/XX
Formatted: Font: 9 pt
Formatted: Font: 9 pt
CITY OF MILPITAS
STANDARD COMMISSION
BYLAWS
Addendum: Youth Advisory Commission
The Youth Advisory Commission was established by City Council in April 1996.
Advisory Area
This Commission will advise the Council on matters pertaining to youth and teens in Milpitas.
Appointments
Appointments to the Youth Advisory Commission shall be brought to the City Council at the last meeting before the July City Council legislative break.
Membership
All members and alternates shall be Milpitas resident students in grades 7-12.
Meetings
The Youth Advisory Commission shall hold meetings the 2nd Thursdays of every month, except July, at 6:00 PM at the Rooms 140/141 in the Teen Center, or another designated location.
PASSED AND ADOPTED APRIL 16, 2019.
Formatted: Font: Not Bold, No underline
Deleted: 7:00
Deleted: Committee Conference Room
Deleted: City Hall
152
Item # C10.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Receive and Review the FY 2021-22 Annual Report of Sole Source Contracts Lauren Lai, Finance Director, 408-586-3111
Category: Consent Calendar-Leadership and Support Services Meeting Date: 8/16/2022
Recommendation: Receive and Review the FY 2021-22 Annual Report of Sole Source Contracts
BACKGROUND:
The Purchasing Agent is authorized by the City’s Municipal Code to make sole source determinations after conducting a good faith review of available sources and concluding that only one procurement source (vendor) for the desired product or service is available. Following past practice, the Purchasing Agent approves sole source purchases up to $100,000.00 and the Council approves sole source purchases above $100,000.00 based on the Purchasing Agent’s recommendation.
Per Title I, Chapter 2, Section 3.06 of the Milpitas Municipal Code, staff shall provide annually to the City Council a list of all sole source contracts executed or renewed during the past fiscal year not later than August 31. This agenda report transmits the information required in an attached list of sole source purchases and renewals including department, short product description, vendor name, and dollar amount.
ANALYSIS:
During the reporting period, 40 sole source contracts or purchase orders amounting to $2,554,408.82 were entered into or renewed on behalf of nine departments. The attached report groups contracts or purchase orders executed or renewed by department and provides relevant information for items such as the department, short product description, vendor name, and dollar amount.
Sole Source purchases are approved for various reasons. Some of these reasons are outlined below with some examples for these Sole Source purchases and the vendors’ name in parenthesis.
1. The product is a “one of a kind,” the manufacturer, distributor, or company is the only authorized source for the product or service. Notable examples:
a. Online investigative database (LexisNexis)
b. No Smoke Diesel Exhaust Removal System (Ward Diesel)
2. The sole source justification is based on matching existing equipment for the proper operation of the equipment or City Program. Notable examples:
a. AEDs for Patrol Vehicles (Stryker Medical)
b. Badger Water Meters (National Meter & Automation)
POLICY ALTERNATIVE(S):
Alternative 1: Do not approve the Sole Source Contracts Annual Report Pros: None
Cons: The City will be out of compliance with Muni Code Section I-2-3.06 Sole Source Procurement.
Reason Not Recommended: It is in the City’s best interest to be in compliance with Muni Code Section I-2-
3.06 Sole Source Procurement.
153
Item # C11.
FISCAL IMPACT:
There is no fiscal impact to receive this informational report.
California Environmental Quality Act (CEQA):
The action being considered has no potential for causing a significant effect on the environment and is exempt from The California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 1561 (b)(3).
RECOMMENDATION:
Receive and review the FY 2021-22 annual Sole Source Report
Attachment(s):
FY 2021-22 Sole Source Report
154
Item # C11.
Department Discription Vendor Amount
1 City Clerk 700 e-filing and Administration NetFile $6,750.00 Total $6,750.00
2 City Manager Media Monitoring Service Meltwater $5,820.00 3 City Manager Milpitas Measure B Bike Share and
Pedestrian Program Silicon Valley Bicycle Coalition $45,000.00 Total $50,820.00
4 Finance Time and Attendance Software Mitrefinch $5,957.50 5 Finance GIS Data Export and Alarm Permit
Reports HdL $22,513.62
Total $28,471.12
6 Fire Matching Locution System Motorola $43,832.00
7 Fire Emergency Patient Locator App Pulse Ponit $8,000.00 8 Fire Annual Fire Policy Manual Lexipol $10,462.00
9 Fire E-88 Repairs Golden State Emergency Vehicle $26,167.00 10 Fire Stryker Technical Support Stryker Sales Corp $18,658.80 11 Fire NarcBox and Narc Trac Pro Subscription NarcBox, EMS Logik $25,202.46 12 Fire Intterra Reporting and Analytics Intterra $21,750.00 13 Fire Ward No Smoke Diesel Exhaust
Removal System Ward Diesel $113,027.46
Total $267,099.72
14 Information
Technology Advanced Premise Superion $60,471.30
15 Information
Technology
GIS Service and APN Clean Up
Conversion Service Central Square $18,315.00
16 Information
Technology Web Governance Suite Monsido $3,750.00
Total $82,536.30
17 Planning Symbium Plancheck Symbium $210,000.00
18 Planning Micro-Transit Service RideCo $1,084,732.80
Total $1,294,732.80
19 Police NICE Logging Solution Motorola $16,941.60
20 Police Analytics System for Collision
Reporting and Traffic Engineering Crossroads $52,500.00 21 Police LEFTA Systems SHIELD Suite LEFTA Systems $7,755.00 22 Police Automated License Plate Reader Flock Group, Inc. $81,250.00 23 Police CordioShield Wellness App. Cordico $20,000.00 24 Police Accurint for Law Enforcement LexisNexis $2,100.00 25 Police Officer Safety Plan 7 Axon Enterprise, Inc. $182,635.40 26 Police LifePak CR2 Defibrillators Stryker Sales Corp $39,242.41 27 Police BolaWrap Wrap Technologies, Inc $18,200.82
FY 21-22 Annual Sole Source Report
155
Item # C11.
28 Police MP5000 Portable Crash Barrier System Delta Scientific Corporation $106,836.95 29 Police Bola Wraps ProForce Law Enforcement $14,710.23 30 Police Pen System Annual Maintenance SyTech $10,308.00 31 Police SpeakWrite Voice Reports SpeakWrite $10,000.00 Total $562,480.41
32 Public Works Ammonia Mono Chloraime Analyzer
Service Hach $9,961.85
33 Public Works InfoWater & InfoSewer Long Term
Projection Software Innovyze $17,983.00
34 Public Works Water Meters and Ancillary
Equipment/Parts. National Meter & Automation $37,683.28 35 Public Works Subscription and Training SeeClickFix, Inc $18,000.00 36 Public Works Monoclor MC-60 Hypochlorite
Generation System PSI Water Technologies $63,000.00
37 Public Works Sodium Hypochlorite Generating System Telstar $7,000.00 38 Public Works SmartLevel Monitoring System Hadronex, Inc. dba SmartCover Systems $35,225.00
Total $188,853.13
39 Recreation Synthetic Ice Rink Ice America $62,306.00 40 Recreation Sinnot Rails and Handholds Ross Recreation $10,359.34 Total $72,665.34
Grand Total $2,554,408.82
Over $100,000.00 $1,590,395.66
Under $100,000.00 $964,013.16
156
Item # C11.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Conduct a Public Hearing and Approve the 2022 Report on Compliance with Public Health Goals for Drinking Water (Staff Contact: Tony Ndah, Public Works Director, 408-586-2602)
Category: Public Hearings-Community Services and Sustainable Infrastructure
Meeting Date: 8/16/2022
Recommendation: (1) Open the public hearing to receive public comments and then move to close the public hearing; and (2) Accept and approve the 2022 Report on Compliance with Public Health Goals for Drinking Water in accordance with provisions of the California Health and Safety Code.
Background:
Public Health Goals (PHGs) are non-enforceable water quality goals established by the California Office of Environmental Health Hazard Assessment and are based solely on public health risk considerations. Maximum Containment Level Goals (MCLG), established by the U.S. Environmental Protection Agency (USEPA), are the federal equivalent to California’s PHGs. California Health and Safety Code requires all California water retailers serving more than 10,000 service connections to review water quality sampling results in relation to State established Public Health Goals (PHGs) for specified contaminants every three years.
During this triennial review of water quality sampling data, if sampling results show one or more contaminants in drinking water exceed the Public Health Goal (PHG), the water retailer must prepare a report to inform consumers of water quality contaminants that exceeded the PHGs. Public water systems are also required to hold a public hearing for the purpose of accepting and responding to public comment on the report, which may be done as part of a regularly scheduled Council meeting.
The 2022 Report on Compliance with Public Health Goals in Drinking Water (2022 PHG Report) covers calendar years 2019-2021. This report is presented to Council to satisfy the public hearing requirements and to obtain Council approval.
Analysis:
For this triennial review, staff reviewed water quality monitoring data collected for the years 2019, 2020, and 2021. The City of Milpitas water system complies with all of the health-based drinking water standards and Maximum Contaminant Levels (MCLs) required by the State Water Resources Control Board (SWRCB) and the USEPA. PHGs and MCLGs are levels of a contaminant in drinking water below which there is no known or expected risk to health. MCLs are set as close to the PHGs or (MCLGs) as is economically and technologically feasible and are lower levels than the established regulatory standards.
During the three-year reporting period, there were no exceedances measured in the City’s water system for any PHG or MCLG. However, the City purchases water from two water wholesalers and, of those, the Santa Clara Valley Water District (Valley Water) reported detectable levels of bromate that exceeded the PHG, but were still below the MCL.
Bromate in drinking water is typically formed as a byproduct of ozonation disinfection of drinking water. Ozone disinfection is highly effective at inactivating microbial contamination and creates fewer disinfection by-products than hypochlorite. Bromate is a probable human carcinogen, and it can also cause non-cancer adverse health effects like hyperplasia. The City and its water suppliers will continue to implement the best available 157
Item # 12.
technologies for preventing the formation of bromate as well as implementing best practices for monitoring and maintenance of the water system.
Fiscal Impact:
There are no specific fiscal implications from accepting the 2022 Public Health Goal Report.
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 as this action has no potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
Recommendations:
1. Open the public hearing to receive public comments and then move to close the public hearing.
2. Accept and approve the 2022 Report on Compliance with Public Health Goals for Drinking Water in accordance with provisions of the California Health and Safety Code.
Attachment:
1. 2022 Water Quality Report on Compliance with Public Health Goals
158
Item # 12.
City of Milpitas – Public Health Goals Report 2022 1
CITY OF MILPITAS – 2022 PUBLIC HEALTH GOALS REPORT
BACKGROUND
The California Health and Safety Code, section 116470(b) requires public water systems serving more than 10,000 service connections to prepare a report if water quality monitoring results over the past three years exceed any California Public Health Goals (PHGs) and/or federal Maximum Contaminant Level Goals (MCLGs). PHGs are non-enforceable goals established by the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA). MCLGs are goals that are adopted by USEPA, and only come into play if there is no California PHG. PHGs may not be more lenient that MCLGs.
Only constituents that have a California primary drinking water standard and for which either a PHG or MCLG has been set are to be addressed in the Report. Attachment 1 contains a list of the regulated constituents and their respective PHGs or MCLGs.
If a constituent was found to be above the detection limit for purposes of reporting (DLR) by a water supplier between January 1, 2019 and December 31, 2021 at a level exceeding an applicable PHG or MCLG, the Report shall contain the following information as required by the law:
• Numerical public health risk associated with the enforced Maximum Contaminant Level (MCL) and the PHG or MCLG;
• Category or type of risk to health that could be associated with each constituent; • Best treatment technology available, if any, that could be used to remove or reduce the constituent to a level at or below the PHG or MCLG;
• Estimate of the cost to install that treatment and if it is appropriate and feasible; and • Description of the actions, if any, the City intends to take to reduce the level of the constituent.
The City of Milpitas conducts weekly, quarterly, annual, triennial, and 9-year monitoring on a continuous basis and is pleased to report that there were no compliance results in the past three years that were detected at or above the MCLG or PHG. The City purchases water from two water retailers: the San Francisco Public Utilities Commission (SFPUC) and the Santa Clara Valley Water District (Valley Water). In 2021 Valley Water reported detectable levels of bromate that exceeded the PHG, but were still below the MCL.
PHG/MCLG vs. MCL
PHGs are set by OEHHA (and MCLGs by USEPA) based solely on public health risk considerations. MCLs are set by USEPA or the California State Water Resources Control Board (SWRCB) Division of Drinking Water (DDW) as the contaminants maximum level which public water systems must not exceed. Violations of MCLs can result in fines, abatement orders, or closure of facilities. When the USEPA, or the DDW, adopts an MCL, they take into account such factors as (1) analytical methodologies, (2) effectiveness of available treatment 159
Item # 12.
City of Milpitas – Public Health Goals Report 2022 2
technologies, and (3) health benefits versus costs. PHGs (and MCLGs) are not enforceable and are not required to be met by any public water system.
Water Quality Data Review for this Report
Water quality data collected by the City of Milpitas during the calendar years of 2019, 2020 and 2021 for purposes of determining compliance with drinking water standards were reviewed in order to prepare this Report. The City of Milpitas purchases water from two water wholesalers:
the San Francisco Public Utilities Commission (SFPUC) and the Santa Clara Valley Water District (Valley Water) and results of that monitoring is also considered in the report review.
This data was summarized in the 2019, 2020, and 2021 Annual Water Quality Reports, also known as Consumer Confidence Reports, which were distributed to all of our customers by July of each of the following years and are also available online (see Attachment 2 for copies of the 2019, 2020, and 2021 City of Milpitas Water Quality Reports).
Guidelines Followed for Preparation of this Report
The Association of California Water Agencies (ACWA) formed a workgroup that prepared guidelines for water utilities to use in preparing required PHG Reports. These guidelines, titled “Suggested Guidelines for Preparation of Required Reports on PUBLIC HEALTH GOALS (PHGs) to satisfy requirements of California Health and Safety Code Section 116470(b)” dated April 2022 were used in the preparation of this Report.
Best Available Treatment Technology and Cost Estimates
Both USEPA and DDW adopt Best Available Technologies (BATs), which are the best known methods of reducing contaminant levels below the MCL. This report also considers, where appropriate, other commercially available BATs that may have the ability to further reduce constituent levels beyond the MCL to the PHG/MCLG level or below. While a BAT may identify a process that can reduce the presence of a constituent, the cost of implementation can be a major factor in deciding whether or not to adopt the process. For a system that is in compliance with MCL levels, striving to keep constituents at or below PHG/MCLG levels must be evaluated with costs in mind. Thus, while the City is meeting all water quality MCLs, the intent of this exercise is to re-evaluate the value of a technology to remove or reduce a constituent to the level at which the USEPA or OEHHA has determined that there is no associated health risk (i.e. at or below the PHG/MCLG), if possible, and whether the cost to the ratepayers to provide advanced treatment could be justified.
The PHGs/MCLGs are set much lower than the MCL, and it is not always possible or feasible to determine what treatment technology is able to further reduce a constituent to a level at or below the PHG/MCLG. In some cases, such as when the MCLG is set at zero, there may not be commercially available technology to reach that level. The issue is further complicated because it is often not possible to verify by analytical means that the constituent has been totally eliminated, as some laboratory analyses can detect constituents down to a DDW approved level with certainty and are unable to definitively identify the constituent at lower levels. In some cases, installing treatment to try and further reduce very low levels of one constituent may have adverse effects on other aspects of water quality.
160
Item # 12.
City of Milpitas – Public Health Goals Report 2022 3
CONSTITUENTS DETECTED THAT EXCEED A PHG OR MCLG
In reviewing water quality monitoring data collected during 2019, 2020, and 2021, the City of Milpitas staff have concluded that a PHG Report is required that addresses bromate.
The following sections present a discussion of the detected constituent, the bromate levels detected, and the BATs to manage and mitigate the presence of bromate.
Bromate
Bromate is not commonly found in water, but it can be formed as a byproduct of ozonation disinfection of drinking water, or as a byproduct from treatment of water with concentrated hypochlorite. It is formed when naturally occurring bromide reacts with ozone during the disinfection process. The City of Milpitas purchases treated surface water from the SFPUC and Valley Water. Both water retailers use ozone as the primary disinfectant. Ozone disinfection is highly effective at inactivating microbial contamination and creates fewer disinfection by- products than hypochlorite.
The MCL for bromate is 10 ug/L (micrograms per liter), with a PHG of 0.1 ug/L. The DLR for bromate is 1 ug/L, and at the present time there are no laboratory methods available that can reliably measure bromate to levels as low as the PHG.
The category of health risk for bromate is carcinogenicity as it is capable of producing cancer.
OEHHA has determined that the numerical health risk associated with concentrations at the PHG is equivalent to one excess case of cancer in 1,000,000 people.
Valley Water Bromate Monitoring Results
Bromate was detected in treated effluent from the two Valley Water Treatment Plants in 2019, 2020, and 2021 with a maximum value of 7.9 ug/L for the reporting period, above the PHG of
0.1 ug/L. The detected levels of bromate are typically well below the drinking water standard of 10 ug/L with the averages over the past 3 years being 1.4, 2.1, and 3.3 ug/L.
Best Available Technology to address Bromate
The USEPA and the SWRCB have identified that optimal control of the ozone treatment process is the BAT for reducing bromate formation. Valley Water’s staff monitors its raw and treated water supply and continues to optimize treatment for disinfection byproduct control.
The BAT for bromate reduction is reverse osmosis (RO). RO treatment reduces the naturally- occurring bromide in source water by reducing the natural organic matter in water. When this is reduced, the demand for ozone decreases, therefore reducing bromate formation. Because the DLR for bromate (1 ug/L) is greater than the PHG, it would be difficult to assess the effectiveness of RO treatment on reaching the PHG level. The City of Milpitas does not own or 161
Item # 12.
City of Milpitas – Public Health Goals Report 2022 4
operate a water treatment facility and therefore cannot provide an exact cost estimate to treat bromate.
SUMMARY AND CONCLUSION
The drinking water for the City of Milpitas meets all standards established by DDW and USEPA to protect public health. The level of bromate detected is well below the state and federal MCL.
However, if an MCL violation occurs, the City of Milpitas will coordinate with Valley Water to identify solutions for removing or reducing bromate in the water. Valley Water will continue to implement the BATs discussed to prevent bromate formation as well as the monitoring and maintenance programs. No additional actions are proposed at this time.
Attachments:
1. Table of Regulated Constituents with MCLs, DLRs, and PHGs for Regulated Drinking Water Contaminants
2. Consumer Confidence Reports for 2019, 2020 and 2021. 162
Item # 12.
City of Milpitas – Public Health Goals Report 2022 5
ATTACHMENT NO. 1
MCLs, DLRs and PHGs for Regulated Drinking Water Contaminants Last Update: September 14, 2021
Prepared and provided by the Association of California Water Agencies (ACWA). 163
Item # 12.
164
Item # 12.
165
Item # 12.
166
Item # 12.
167
Item # 12.
City of Milpitas – Public Health Goals Report 2022 6
ATTACHMENT NO. 2
City of Milpitas Consumer Confidence Reports:
• 2019 Water Quality Report
• 2020 Water Quality Report
• 2021 Water Quality Report
168
Item # 12.
CITY OF MILPITAS 2019
Water Quality Report
City Council meetings are typically held on the first and third Tuesday of every month at 7:00 pm in the City Hall Council Chambers located at 455 E. Calaveras Blvd. Prior to each meeting, Council meeting agendas can be found posted at City Hall and can also be downloaded from the City website: www.ci.milpitas.ca.gov.
How to get involvedImportant contact information
This report contains important information about your
drinking water. Translate it, or speak with someone who understands it.
Este informe contiene información muy importante sobre su agua potable. Tradúzcalo o hable con alguien que lo
entienda bien.
Ito ay isang mahalagang impormasyon tungkol sa inyong
iniinom na tubig. Isaling-wika ito, o makipag-usap sa isang tao na naiintindihan ito.
Chi tiết này thật quan trọng. Xin nhờ người dịch cho quý vị. 此份有關你的食水報告 內有重要資料和訊息 請找
他人為你翻譯及解釋清楚。
Division of Drinking Water
waterboards.ca.gov/drinking_water/
(510) 620-3474
US EPA
water.epa.gov
(800) 426-4791
Department of
Water Resources
www.water.ca.gov
Bay Area Water Supply and
Conservation Agency
bawsca.org
American Water Works
Association
awwa.org or DrinkTap.org
SCVWD
valleywater.org
Resources
City of Milpitas
455 E Calaveras Blvd.
Milpitas, CA 95035
(408) 586-3000; TDD (408) 586-2643
www.ci.milpitas.ca.gov
Hours of operation
8 a.m. to 5 p.m., M–F
Water Emergencies
(408) 586-2600, Business Hours
(408) 586-2400, After Hours
Billing Questions
(408) 586-3100
Water Conservation Hotline
(408) 586-2666
SCVWD Pollution Hotline
(888) 510-5151 (24 Hours)
City of Milpitas
455 E. Calaveras Blvd.
Milpitas, CA 95035
www.ci.milpitas.ca.gov
City contacts
Why is my water brown or not clear?
Stagnant water sitting in aging plumbing may become brown. This should clear up once sitting water is flushed out from the pipes and replaced with fresh water.
Brown water could also be from blocked or clogged sink fixture aerators. Aerators are located at the end of a fixture and can be removed and flushed to clear any debris.
Once flushed, hand-tighten to reassemble.
Is there fluoride in the water?
The City receives fluoridated water from SFPUC and SCVWD. SFPUC has been fluoridating water since 1995 while SCVWD began fluoridation in December of 2016.
Why has my water pressure dropped suddenly?
Depending on your location, you could receive water pressure between 40 to 140 psi.
Water pressure could have dropped for a variety of reasons. If your water pressure drops unexpectedly, please call Milpitas Public Works Department at (408) 586- 2600. You can also check for clogged strainers and proper operation of any pressure regulators (setting).
How can I treat my drinking water after a disaster?
If you run out of stored drinking water, strain and treat water from your water heater or toilet reservoir tank (except if you use toilet tank cleaners.) You cannot drink swimming pool or spa water, but it can be used for flushing toilets or washing.
Strain large particles by pouring water through a couple of layers of paper towels or clean cloth. Purify the water by:
• Boiling. Bring to a rolling boil and maintain for 3-5 minutes. To improve the taste, pour it back and forth between two clean containers to add oxygen back into the water.
• Disinfecting. If the water is clear, add 8 drops of bleach per gallon of water. If it is cloudy, add 16 drops. Shake or stir, then let stand for 30 minutes. A slight chlorine taste and smell is to be expected.
What is the state of the drought and what is "Making Water Conservation A California Way of Life"?
On April 7, 2017, Governor Brown issued Executive Order B-40-17, terminating the January 17, 2014 drought State of Emergency for most counties in California.
The Order does however direct the Water Board to continue “Making Water Conversation a California Way of Life” and keep certain restrictions to prohibit wasteful practices. These restrictions along with additional water conservation measures set by the City include:
• Apply only as much water as your landscape needs to prevent water runoff onto streets and sidewalks.
• Wash vehicles with a hose that has a shut-off nozzle. • Use a broom to clean driveways and sidewalks.
• Recirculate potable water in fountains or decorative water features. • Do not water landscapes during or within 48 hours of measureable rainfall. • Restaurants to only serve drinking water upon request. • Guests of hotels and motels can choose not to have towels and linens laundered daily.
• Pools and spas must be covered when not in use to prevent evaporation.
Visit www.savewatermilpitas.org for water conservation tips and water use schedules.
How can I prepare for an emergency?
In a disaster or emergency situation, water supplies may be cut off or contaminated. Store enough water to supply everyone in your family for at least 3-5 days. For general drinking purposes, store one gallon of water per person per day and three gallons of water per person per day for limited cooking and personal hygiene use. If you store tap water, use food grade plastic containers.
Replace water at least once every six months. If you buy bottled “spring” or “drinking” water, keep it in its original container. Label bottles with their replacement date and store in a cool, dark place.
Frequently asked questions
Susan
Customer Service
HOW TO CONTACT EBMUD
For more in formation about water quality or to
report a water quality concern, call 866-403-2683
or visit www.ebmud.com/waterquality.
If you would like this report mailed to you, email
[email protected] or call 510-986-7555.
View this report online at www.ebmud.com/wqr.
EBMUD encourages public participation in decisions
aff ecting drinking water quality and other matters
at its Board of Directors meeting held the second
and fourth Tuesdays of each month at 1:15 pm,
375 Eleventh Street, 2nd Floor, Oakland.
Board of Directors
John A. Coleman • Andy Katz • Doug Linney
Lesa R. McIntosh • Frank Mellon
William B. Patterson • Marguerite Young
General Manager
Alexander R. Coate
ADDITIONAL CONTACTS
State Water Resources Control Board
Division of Drinking Water • 510-620-3463
U.S. Environmental Protection Agency
Safe Drinking Water Hotline • 800-426-4791
Alameda Public Health Department • 510-567-8000
Contra Costa Public Health Division • 925-313-6712
375 Eleventh Street
Oakland, CA 94607
1-866-40-EBMUD
www.ebmud.com
PUB. 144 3/17 2M 30% Post-consumer waste
Susan
Customer Service
HOW TO CONTACT EBMUD
For more in formation about water quality or to
report a water quality concern, call 866-403-2683
or visit www.ebmud.com/waterquality.
If you would like this report mailed to you, email
[email protected] or call 510-986-7555.
View this report online at www.ebmud.com/wqr.
EBMUD encourages public participation in decisions
aff ecting drinking water quality and other matters
at its Board of Directors meeting held the second
and fourth Tuesdays of each month at 1:15 pm,
375 Eleventh Street, 2nd Floor, Oakland.
Board of Directors
John A. Coleman • Andy Katz • Doug Linney
Lesa R. McIntosh • Frank Mellon
William B. Patterson • Marguerite Young
General Manager
Alexander R. Coate
ADDITIONAL CONTACTS
State Water Resources Control Board
Division of Drinking Water • 510-620-3463
U.S. Environmental Protection Agency
Safe Drinking Water Hotline • 800-426-4791
Alameda Public Health Department • 510-567-8000
Contra Costa Public Health Division • 925-313-6712
375 Eleventh Street
Oakland, CA 94607
1-866-40-EBMUD
www.ebmud.com
PUB. 144 3/17 2M 30% Post-consumer waste
Susan
Customer Service
HOW TO CONTACT EBMUD
For more in formation about water quality or to
report a water quality concern, call 866-403-2683
or visit www.ebmud.com/waterquality.
If you would like this report mailed to you, email
[email protected] or call 510-986-7555.
View this report online at www.ebmud.com/wqr.
EBMUD encourages public participation in decisions
aff ecting drinking water quality and other matters
at its Board of Directors meeting held the second
and fourth Tuesdays of each month at 1:15 pm,
375 Eleventh Street, 2nd Floor, Oakland.
Board of Directors
John A. Coleman • Andy Katz • Doug Linney
Lesa R. McIntosh • Frank Mellon
William B. Patterson • Marguerite Young
General Manager
Alexander R. Coate
ADDITIONAL CONTACTS
State Water Resources Control Board
Division of Drinking Water • 510-620-3463
U.S. Environmental Protection Agency
Safe Drinking Water Hotline • 800-426-4791
Alameda Public Health Department • 510-567-8000
Contra Costa Public Health Division • 925-313-6712
375 Eleventh Street
Oakland, CA 94607
1-866-40-EBMUD
www.ebmud.com
PUB. 144 3/17 2M 30% Post-consumer waste
Susan
Customer Service
HOW TO CONTACT EBMUD
For more in formation about water quality or to
report a water quality concern, call 866-403-2683
or visit www.ebmud.com/waterquality.
If you would like this report mailed to you, email
[email protected] or call 510-986-7555.
View this report online at www.ebmud.com/wqr.
EBMUD encourages public participation in decisions
aff ecting drinking water quality and other matters
at its Board of Directors meeting held the second
and fourth Tuesdays of each month at 1:15 pm,
375 Eleventh Street, 2nd Floor, Oakland.
Board of Directors
John A. Coleman • Andy Katz • Doug Linney
Lesa R. McIntosh • Frank Mellon
William B. Patterson • Marguerite Young
General Manager
Alexander R. Coate
ADDITIONAL CONTACTS
State Water Resources Control Board
Division of Drinking Water • 510-620-3463
U.S. Environmental Protection Agency
Safe Drinking Water Hotline • 800-426-4791
Alameda Public Health Department • 510-567-8000
Contra Costa Public Health Division • 925-313-6712
375 Eleventh Street
Oakland, CA 94607
1-866-40-EBMUD
www.ebmud.com
PUB. 144 3/17 2M 30% Post-consumer waste SFPUC
sfwater.org
More information
For more information about this report or the City’s water quality monitoring program, please contact:
City of Milpitas Public Works Department at
(408) 586-2600; [email protected]
National Public Works Day 2019
In Calendar Year 2019, your tap
water met all USEPA and State
drinking water health standards.
First, be assured the COVID-19 Virus is not impacting the safety of your drinking water supply, or our ability to supply water ot the City of Milpitas.
The World Health Organization has stated that the "presence of COVID-19 virus has not been detected in drinking-water supplies and based on our current evidence, the risk to water supplies is low" . The City of Milpitas is continuing to monitor the COVID-19 emergency to ensure we continue our essential work in providing safe, clean water for our community.
COVID-19 and Drinking Water
169
Item # 12.
Our drinking water and how we protect it
The City of Milpitas draws water from two sources that
provide clean water to residents and businesses. The water is purchased from two separate wholesalers: treated
surface water from the San Francisco Public Utilities
Commission (SFPUC) and treated surface water from the
Santa Clara Valley Water District (SCVWD). In the event that water supply is interrupted from either SCVWD or SFPUC, the City has the option of utilizing its emergency supply to meet basic water needs for a short duration of time. In 2019, the City supplied an average of 7.1 million gallons of water per day to approximately 16,700 homes and businesses for indoor and outdoor use.
SFPUC Supply
SFPUC water is a combination of Hetch Hetchy water and treated local water. Most of SFPUC’s water is sourced from the Hetch Hetchy watershed located in the Sierra Nevada Mountains. This water is exempt from filtration requirements by the United States Environmental Protection Agency (USEPA) and State Water Resources Control Boards’ Division of Drinking Water (DDW), due to the protected Sierra spring snow melt water source. Local water is collected within the Alameda watershed at Calaveras Reservoir and San Antonio Reservoir. Local water is treated through filtration and disinfection at the Sunol Valley Water Treatment Plant.
SCVWD Supply
SCVWD water is sourced primarily from the Sacramento-San Joaquin Delta watershed via the South Bay Aqueduct, Dyer Reservoir, Lake Del Valle, and San Luis Reservoir. The water supply is supplemented by local water sources at Anderson and Calero Reservoirs. SCVWD water is treated through filtration and disinfection at Penitencia and Santa Teresa Water Treatment Plants.
Emergency Supplies
The City does not blend or combine SFPUC and SCVWD waters under normal operating conditions. However, the service areas can be interconnected to provide emergency water supply if needed. The City’s water system is also interconnected with the Alameda County Water District to the north and San Jose Water Company to the south. In the event that there is an emergency, either or both agencies can provide water to the City. SFPUC and SCVWD share an intertie that can supply water from one wholesaler to the other. The City can also provide temporary emergency water supply using Pinewood Well, located in the southwestern portion of the City.
Drinking Water Source Assessment Program
Drinking Water Source Assessment Programs evaluate the vulnerability of water sources to potential contamination. Both SFPUC and SCVWD have conducted drinking water source assessments for the City’s potable water supplies. The assessments are available for review at the State Water Resources Control Board (SWRCB) – Division of Drinking Water District Office. You may request that a summary of the assessments be sent to you by calling (510) 620-3474.
SFPUC conducts an annual watershed sanitary survey for the Hetch Hetchy source as well as five year sanitary surveys for local water sources.
These surveys evaluate the sanitary condition, water quality, potential contamination sources, and the results of watershed management activities.
The surveys were completed with support from partner agencies, including the National Park Service and US Forest Service. These surveys have identified wildlife, stock, and human activities as potential contamination sources.
SCVWD’s water sources are vulnerable to potential contamination from a variety of land use practices, such as agricultural and urban runoff, recreational activities, livestock grazing, and residential and industrial development.
The imported sources are also vulnerable to wastewater treatment plant discharges, seawater intrusion, and wild fires in open space areas. In addition, local sources are also vulnerable to potential contamination from commercial stables and historic mining practices. No contaminants associated with any of these activities have been detected in SCVWD’s treated water. The water treatment plants provide multiple barriers for physical removal and disinfection of contaminants.
To ensure that tap water is safe to drink, the United States Environmental Protection Agency (USEPA) and the State Water Resources Control Board (State Board) prescribe regulations that limit the amount of certain contaminants in water
provided by public water systems. The State Board regulations also establish limits for contaminants in bottled water that provide the same protection for public health.
The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs and wells. As water travels over the surface of the land or through the ground, it dissolves naturally-occurring minerals and, in some cases, radioactive material, and can pick up substances resulting from the presence of animals or from human activity. Contaminants that may be present in source water include:
• Microbial Contaminants, such as viruses and bacteria, that may come from sewage treatment plants, septic systems,
agricultural livestock operations, and wildlife.
• Inorganic Contaminants, such as salts and metals, that can be naturally-occurring or result from urban stormwater
runoff, industrial or domestic wastewater discharges, oil and gas production, mining, or farming.
• Pesticides and Herbicides that may come from a variety of sources, such as agriculture, urban stormwater runoff, and residential uses.
• Organic Chemical Contaminants, including synthetic and volatile organic chemicals, that are by-products of industrial processes and petroleum production, and can also come
from gas stations, urban stormwater runoff, agricultural application, and septic systems.
• Radioactive Contaminants that can be naturally-occurring or be the result of oil and gas production and mining activities.
Contaminants and
Regulations
Maintaining water
quality
Hydrant and Water Main Flushing. Flushing of fire hydrants and water mains is performed to remove sediment and keep the distribution system refreshed by circulating water in pipes that would otherwise remain stagnant. As a result, residents in the immediate vicinity may experience temporary discoloration in their water. This discoloration does not affect the safety of the water. If you experience discoloration in your water after City crews have been flushing in your neighborhood, clear the water from your house plumbing by running water faucets for a few minutes prior to use.
Backflow Testing. A backflow preventer is a plumbing device that keeps the water supply safe by preventing water on private property from flowing back into the City’s distribution system.
Backflow devices are required to be tested annually to ensure they are working properly
Water Sampling. Sampling of the water system is performed in accordance to State and Federal rules and regulations. This requires purging of the water line for a sample to be lab tested.
See the third page of this CCR for water quality sampling results.
Littering is throwing it all away
Nearly 80 percent of the debris found in our watersheds, creeks, shorelines, and the South San Francisco Bay is washed, blown, or dumped by humans residing in the vicinity of the water shed.
One piece of litter can end up miles from where it was improperly discarded, polluting our water systems and causing a threat to wildlife. The primary sources of litter are: pedestrians, motorists, trucks with uncovered loads, household trash handling and its placement at the curb, loading docks, and demolition sites.
Because we live in a watershed, our community’s litter makes a very big impact. A watershed is a land area that drains water into a creek, river, lake, wetland, bay or groundwater aquifer. In the Santa Clara Valley, the water from rain and irrigation (called runoff ) picks up litter and carries it directly into storm drains and creeks that flow to San Francisco Bay.
You Can Make a Difference
• Don’t litter, ever. Something as small as a cigarette butt thrown on a city street has long term adverse effects on the environment. • When you see litter, pick it up and dispose of it properly. • Secure and cover all truckloads of loose debris.
• Make sure your trash can lid is closed securely.
• Always bring a bag for trash when picnicking, hiking, or camping. • If you own a business, check your dumpster on a regular basis, keep it locked and protect it from illegal dumping.
• Report illegal dumping to the Milpitas Police Department at (408) 586-2400. For solid waste and street sweeping services, call Milpitas Sanitation at (408) 988-4500.
• Call the Santa Clara Countywide Recycling Hotline at (800) 533- 8414 or visit www.reducewaste.org to find out where to dispose of or donate large commercial items such as furniture, appliances, etc.
Recycled Water – providing drought-proof,
high quality water for our community
In 2019, irrigation and industrial customers in Milpitas used 300 million gallons of recycled water, thereby conserving an equal amount of potable drinking water. Recycled water from the San Jose/Santa Clara Water Pollution Control
Plant undergoes an extensive treatment process (including filtration and disinfection) and is delivered to landscape irrigation and industrial customers in Milpitas, San Jose, and Santa Clara. For more information pertaining to recycled water, visit www.sanjoseca.gov/sbwr.
Hetch Hetchy Reservoir
The City is dedicated to maintaining the water quality and protecting the water supply. The safegaurds include a combination of preventative and monitoring practices described below. 170
Item # 12.
°C Degrees Celsius
CU Color unit
cysts/L Cysts per liter
DDW Division of Drinking Water
NA Not applicable
ND Not detected
NS No standard
NTU Nephelometric turbidity unit
NL Notification Level
ppt parts per trillion (
ppb parts per billion (micrograms per liter)
ppm parts per million (milligrams per liter)
μS/cm microSiemens per centimeter
% pos % positive
RAA Running annual average
SCVWD Santa Clara Valley Water District
SFPUC San Francisco Public Utilities
Commission
TOC Total organic carbon
TON Threshold odor number
USEPA United States Environmental Protection
Agency
Abbreviations
* Typical Sources In Drinking Water
1 Naturally present in the environment
2 Soil runoff
3 Erosion of natural deposits
4 Residue from some surface water treatment
processes
5 Water additive that promotes strong teeth
6 Discharge from fertilizer and aluminum factories
7 Runoff and leaching from fertilizer use
8 Leaching from septic tanks and sewage
9 By-product of drinking water disinfection
10 Various natural and man-made sources
11 Runoff from natural deposits
12 Leaching from natural deposits
13 Naturally-occurring organic materials
14 Seawater influence
15 Industrial wastes
16 Substances that form ions when in water
17 Internal corrosion of household plumbing systems
18 Leaching from wood preservatives
19 Discharges from industrial manufacturers
20 Drinking water disinfectant added for treatment
Water Quality Information
In 2019, The City of Milpitas collected over 2,000 drinking water samples to be analyzed by State-certified laboratories. The water supplied in Milpitas met all USEPA and State drinking water health standards in 2019, as shown in the adjacent table, which lists all drinking water constituents that were detected during the 2019 calendar year. A full list of tested constituents is available upon request. Unless otherwise noted, the data presented in this table reflects testing completed between January 1 and December 31, 2019.
Water Quality Data
Maximum Contaminant Level (MCL). The highest
level of a contaminant that is allowed in drinking
water. Primary MCLs are set as close to the PHGs
(or MCLGs) as is economically and technologically
feasible. Secondary MCLs are set to protect the
odor, taste and appearance of drinking water. MCLs
are established by USEPA and the State Board.
Maximum Contaminant Level Goal (MCLG). The
level of a contaminant in drinking water below which
there is no known or expected risk to health. MCLGs
are set by the USEPA.
Maximum Residual Disinfectant Level (MRDL). The
highest level of a disinfectant allowed in drinking
water. There is convincing evidence that addition of
a disinfectant is necessary for control of microbial
contaminants.
Maximum Residual Disinfectant Level Goal
(MRDLG). The level of a drinking water disinfectant
below which there is no known or expected risk to
health. MRDLGs do not reflect the benefits of the use
of disinfectants to control microbial contaminants.
Notification Level (NL). Health based advisory levels
established by SWRCB for chemicals in drinking
water that lack MCLs.
Primary Drinking Water Standard (PDWS). MCLs
and MRDLs for contaminants that affect health along
with their monitoring and reporting requirements and
water treatment requirements.
Treatment Technique (TT). A required process
intended to reduce the level of a contaminant in
drinking water.
Public Health Goal (PHG). The level of a
contaminant in drinking water below which there
is no known or expected risk to health. PHGs are
set by the California Office of Environmental Health
Hazard Assessment.
Regulatory Action Level (AL). The concentration of
a contaminant which, if exceeded, triggers treatment
or other requirements that a water system must
follow.
Total Organic Carbon (TOC). TOC is precursor for
disinfection byproduct formation.
Turbidity. Turbidity is a measure of the cloudiness
of the water, and is also used to indicate the
effectiveness of the filtration system. High turbidity
can hinder the effectiveness of disinfectants.
UCMR. Unregulated Contaminant Monitoring Rule
requires monitoring for contaminants not currently
regulated. This monitoring provides a basis for future
regulatory actions to protect public health.
Definitions of Key Terms
2019
Water Supply Map
The City serves SFPUC source water to the area south of Calaveras Blvd and east of I-680, as well as north of Calaveras Blvd and east of I-880. SCVWD service areas are west of I-880, as well as south of Calaveras Blvd and west of I-680. Refer to the Water Supply Map below to see where your water comes from.
PRIMARY DRINKING WATER STANDARDS (PUBLIC HEALTH RELATED STANDARDS) PARAMETER Unit MCL,
(AL), or
[MRDL]
PHG,
(MCLG), or
[MRDLG]
Distribution System SCVWDb SFPUC Typical
Sources*Average Range Average Range Average Range
SOURCE WATER SAMPLING
INORGANIC CHEMICALS
Aluminum ppm 1 0.6 0.06 ND – 0.1 ND ND 3, 4
Bromate ppb 10 0.1 1.4 ND - 2.3 ND ND 9
Fluoride ppm 2 1 ND ND - 0.14 0.3 ND - 0.9 3, 5, 6
Nitrate (as Nitrogen) ppm 10 10 ND ND – 0.6 ND ND 3, 7, 8 Nitrate + Nitrite (as N) ppm 10 10 ND ND - 0.6 ND ND 3, 7, 8
DISINFECTION BYPRODUCT PRECURSOR
TOC (precursor control) ppm TT NA 2.3 1.6 - 3.2 2.1 1.6 - 2.6 10
MICROBIOLOGICAL
Giardia Lamblia cysts/L TT (0) ND ND - 0.1 0.03 0 – 0.09 1 Turbidity NTU TTa NA 1 100% 1c 99 – 100%d 2
DISTRIBUTION SYSTEM SAMPLING
LEAD AND COPPER RULE (2019) - SAMPLES COLLECTED AT CUSTOMERS' TAPS 90th Percentile # of Samples Above AL Lead ppb (15) 0.2 1.7 0 out of 35 3, 17, 19
Copper ppm (1.3) 0.3 0.044 0 out of 35 3, 17, 18
DISINFECTION RESIDUALS AND BYPRODUCTS Highest Location RAA Range Disinfectant Residual as Chlorine ppm [4] [4] 2.86 0.7 – 4.1 20 Total Trihalomethanes ppb 80 NA 45.5 14 – 56 9
Haloacetic Acids ppb 60 NA 41.8 8.4 – 47 9
MICROBIOLOGICAL Average Range
Total Coliform Bacteria % pos / month 5.0% (0) 0.09% 0 – 1.09% 1
SECONDARY DRINKING WATER STANDARDS (AESTHETIC STANDARDS) PARAMETER Unit MCL Average Range Average Range Average Range Sources* Aluminum ppb 200 NA NA 57 ND – 100 ND ND - 68 3, 4
Chloride ppm 500 NA NA 49 20 - 86 8.7 <3 – 17 11, 12, 14 Color CU 15 ND ND–15 ND ND <5 <5 – 10 13
Odor — Threshold TON 3 ND ND 1 1 ND ND 13
Specific Conductance µS/cm 1600 NA NA 407 241 - 557 158 32 - 234 14, 16 Sulfate ppm 500 NA NA 43 19 - 52 15 1- 29 11, 12, 15
Total Dissolved Solids ppm 1000 NA NA 249 152– 328 76 <20 – 119 11, 12
UNREGULATED PARAMETERS
UCMR 3 (2014-2015)
PARAMETER Unit NL Average Range Average Range Average Range Chlorate ppb 800 120 68–190 123 72 – 290 52 51–180
Boron ppb 1000 NA NA ND ND – 123 ND ND –203
Molybdenum ppb NS 1.9 1.8–2.0 <1 ND – <1 NA NA
Strontium ppb NS 151 14–290 ND ND 111 12 – 234
Vanadium ppb 50 ND ND–4.5 ND ND – 4 NA NA
UCMR 4 (2019-2020)
PARAMETER Unit MRL Average Range
HAA5 ppb NA 30.1 14 - 47
HAA6Br ppb NA 3.44 0.38 - 15
HAA9 ppb NA 33.29 22 - 47
Butylated Hydroxyanisole ppb 0.03 0.035 ND - 0.035
Quinoline ppb 0.02 0.028 ND - 0.028
Manganese ppb 0.4 6.4 1.8 - 17
OTHER WATER QUALITY PARAMETERS
PARAMETER Unit ORL Average Range Average Range Average Range Boron ppb 1000 (NL) 139 ND - 161 ND ND - 107
Bromide ppb NA 110 ND - 160 7 <5 - 27
Calcium (as Ca) ppm NA 21 12 - 31 12 3.3 - 20
Chlorate ppb 800 (NL) 132 40 - 210 84 40 - 220
Chromium (VI) ppb NA ND ND 0.12 0.04 - 0.19
Hardness (as Calcium Carbonate) ppm NA 97 53 - 148 47 8.9 - 77 Magnesium ppm NA 12 7 - 17 4.2 <0.2 - 6.6
pH – NA 7.9 7.7 – 8.0 9.3 8.8 - 10.1
Potassium ppm NA 2.5 1.5 - 3.8 0.8 0.3 - 1.2
Silica ppm NA 11 10 - 13 6.1 4.9 - 8
Sodium ppm NA 44 24 - 67 14 2.8 – 21
Strontium ppb NA ND ND 107 13 - 230
Temperature °C NA 18 12 - 23 ND ND
Total Alkalinity (as Calcium Carbonate) ppm NA 78 49 - 111 46 3.5 - 97 Vanadium ppb 50 (NL) ND ND - 3 ND ND
Some data, although representative, were collected prior to 2019, as the State Board requires monitoring for some constituents less frequently. The concentrations of these constituents do not vary frequently or significantly.
a. For unfiltered water, the MCL is 5.0 NTU. For filtered water, the MCL is ≤0.3 NTU 95% of the time.
b. Water system was fed by Santa Teresa and Penitencia Water Treatment Plants. c. Maximum value measured.
d. Percent of time turbidity was maintained at or below 0.3 NTU.
NOTES
Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the USEPA Safe Drinking Water Hotline at (800) 426-4791.
Some people may be more vulnerable to contaminants in drinking water than the general population. Immuno-compromised persons, such as persons with cancer undergoing chemotherapy; persons who have undergone organ transplants; people with HIV/AIDS or other immune system disorders; some elderly; and infants can be particularly at risk from infections.
These individuals should seek advice from their health care providers.
USEPA/Centers for Disease Control guidelines on appropriate means to lessen the risk of infection by cryptosporidium and other microbial contaminants are available from the USEPA Safe Drinking Water Hotline at (800) 426-4791.
What else should I know?
Lead
If present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Infants and young children are typically more vulnerable to lead in drinking water than the general population. Lead in drinking water is primarily from materials and components associated with service lines and home plumbing. The City is responsible for providing high quality drinking water, but cannot control the variety of materials used in plumbing components. It is possible that lead levels at your home may be higher than at other homes in the community as a result of materials used in your home’s plumbing. If you are concerned about elevated lead levels in your home’s water, you may wish to have your water tested by a laboratory and/or flush your tap. When your water has been sitting for several hours, you can minimize the potential for lead exposure by flushing your tap for 30 seconds to 2 minutes before using water for drinking or cooking. If you do so, you may wish to collect the flushed water and reuse it for another beneficial purpose, such as watering plants. Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the USEPA Safe Drinking Water Hotline or at (800) 426-4791 or at epa.gov/lead.
In 2018, the City of Milpitas, through a coordinated effort with the Milpitas Unified School District (MUSD) has completed lead sampling at fourteen (14) K-12 school sites, in compliance with Assembly Bill No. 746.
Fluoride and Dental Fluorosis
Mandated by State law, water fluoridation is a widely accepted practice proven to be safe and effective for preventing and controlling tooth decay. The fluoride target level in the water is
0.7 milligram per liter (mg/L, or part per million, ppm), consistent with the May 2015 State regulatory guidance on optimal fluoride level. Infants fed formula mixed with water contain- ing fluoride at this level may still have a chance of developing tiny white lines or streaks in their teeth. These marks are referred to as mild to very mild fluorosis, and are often only visible under a microscope. Even in cases where the marks are visible, they do not pose any health risk. The Centers of Disease Control (CDC) considers it safe to use optimally fluoridated water for preparing infant formula. To lessen this chance of dental fluorosis, you may choose to use low-fluoride bottled water to prepare infant formula. Nevertheless, children may still develop dental fluorosis due to fluoride intake from other sources such as food, toothpaste and dental products.
Contact your healthcare provider or SWRCB-DDW if you have concerns about dental fluorosis.
For additional information about fluoridation or oral health, visit the SWRCB-DDW website www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/Fluoridation.shtml, or the CDC website www.cdc.gov/fluoridation.
Disinfection with Chloramine
Both SFPUC and SCVWD waters are treated with chloramine to protect public health.
Chloramine assists in destroying disease-causing organisms. Chloramine is considered safe for use as a water disinfectant. However, home dialysis patients and aquarium owners must take precautions before using the chloraminated water in kidney dialysis machines or aquariums. Dialysis patients should consult with their doctor or dialysis technician and aquarium owners should consult with their pet store.
Hardness
Water hardness is determined mainly by the presence of calcium and magnesium salts.
Although hard water does not pose a health risk, it may be considered undesirable for other reasons. Some benefits of water softening are reductions in soap usage, longer life for water heaters and a decrease in encrustation of pipes; disadvantages are an increase in sodium intake, an increase in maintenance and servicing and potential adverse effects on salt-sensitive plants. To convert hardness from ppm to grains per gallon, divide by 17.1.
A hardness scale is provided below for your reference.
Hardness Classification Grains per Gallon ppm
Soft less than 1.0 less than 17.1
Slightly hard 1.0–3.5 17.1–60
Moderately hard 3.5–7.0 60–120
Hard 7.0–10.5 120–180
Very hard over 10.5 over 180
171
Item # 12.
CITY OF MILPITASCITY OF MILPITAS 20202020Water Quality ReportWater Quality Report City Council meetings are typically held on the first and third Tuesday of every month at 7:00 pm in the City Hall Council Chambers located at 455 E. Calaveras Blvd. Prior to each meeting, Council meeting agendas can be found posted at City Hall and can also be downloaded from the City website: www.ci.milpitas.ca.gov. Council meetings will not take place in the month of July but will resume in the month of August.
How to get involvedImportant contact information
Division of Drinking Water
waterboards.ca.gov/drinking_
water/; (510) 620-3474
US EPA
water.epa.gov
(800) 426-4791
Department of
Water Resources
www.water.ca.gov
Bay Area Water Supply and
Conservation Agency
bawsca.org
American Water Works
Association
awwa.org or DrinkTap.org
Valley Water
valleywater.org
Resources
City of Milpitas
455 E Calaveras Blvd.
Milpitas, CA 95035
(408) 586-3000; TDD (408) 586-2643
www.ci.milpitas.ca.gov
Hours of operation
8 a.m. to 5 p.m., M–F
Water Emergencies
(408) 586-2600, Business Hours
(408) 586-2400, After Hours
Billing Questions
(408) 586-3100
Water Conservation Hotline
(408) 586-2666
Valley Water Pollution Hotline
(888) 510-5151 (24 Hours)
City of Milpitas
455 E. Calaveras Blvd.
Milpitas, CA 95035
www.ci.milpitas.ca.gov
City contacts
Why is my water brown or not clear?
Stagnant water sitting in aging plumbing may become brown. This should clear up once sitting water is flushed out from the pipes and replaced with fresh water. Brown water could also be from blocked or clogged sink fixture aerators. Aerators are located at the end of a fixture and can be removed and flushed to clear any debris. Once flushed, hand-tighten to reassemble.
Why has my water pressure dropped suddenly?
Depending on your location, you could receive water pressure between 40 to 140 psi. Water pressure could have dropped for a variety of reasons. If your water pressure drops unexpectedly, please call Milpitas Public Works Department at (408) 586-2600. You can also check for clogged strainers and proper operation of any pressure regulators.
Is there fluoride in the water?
The City receives fluoridated water from Valley Water and SFPUC.
SFPUC has been fluoridating water since 1995 while Valley Water began fluoridation in December of 2016.
How can I prepare for an emergency?
In a disaster or emergency situation, water supplies may be cut off or contaminated. Store enough water to supply everyone in your family for at least 3-5 days. For general drinking purposes, store one gallon of water per person per day and three gallons of water per person per day for limited cooking and personal hygiene use. If you store tap water, use food grade plastic containers. Replace water at least once every six months. If you buy bottled “spring” or “drinking” water, keep it in its original container. Label bottles with their replacement date and store in a cool, dark place.
What is "Making Water Conservation A Milpitas Way of Life"? The State directs cities to Make Water Conservation a California Way of Life and prohibits wasteful practices. As we continue to experience dry conditions this year, the City would like to encourage residents to conserve water. The State's water restrictions along with additional water conservation measures set by the City include:
• Apply only as much water as your landscape needs to prevent water runoff onto streets and sidewalks.
• Wash vehicles with a hose that has a shut-off nozzle. • Use a broom to clean driveways and sidewalks.
• Recirculate potable water in fountains or decorative water features. • Do not water landscapes during or within 48 hours of measureable rainfall. • Restaurants to only serve drinking water upon request. • Guests of hotels and motels can choose not to have towels and linens laundered daily.
• Pools and spas must be covered when not in use to prevent evaporation.
Visit www.savewatermilpitas.org for water conservation tips and water use schedules.
How can I treat my drinking water after a disaster?
If you run out of stored drinking water, strain and treat water from your water heater or toilet reservoir tank (except if you use toilet tank cleaners.) You cannot drink swimming pool or spa water, but it can be used for flushing toilets or washing.
Strain large particles by pouring water through a couple of layers of paper towels or clean cloth. Purify the water by:
• Boiling. Bring to a rolling boil and maintain for 3-5 minutes. To improve the taste, pour it back and forth between two clean containers to add oxygen back into the water.
• Disinfecting. If the water is clear, add 8 drops of bleach per gallon of water.
If it is cloudy, add 16 drops. Shake or stir, then let stand for 30 minutes. A slight chlorine taste and smell is to be expected.
Frequently asked questions
More information
For more information about this report or the City’s water quality monitoring program, please contact:
City of Milpitas Public Works Department at
(408) 586-2600; [email protected]
National Public Works Day 2019
The World Health Organization has stated that the "presence of COVID-19 virus has not been detected in drinking-water supplies and based on our current evidence, the risk to water supplies is low" . The City of Milpitas continues to monitor the COVID-19 emergency to ensure we continue providing safe, clean water for our community.
COVID-19 and Drinking Water
This report contains important information about
your drinking water. Translate it, or speak with
someone who understands it.
Este informe contiene información muy importante
sobre su agua potable. Tradúzcalo o hable con
alguien que lo entienda bien.
Susan
Customer Service
HOW TO CONTACT EBMUD
For more in formation about water quality or to
report a water quality concern, call 866-403-2683
or visit www.ebmud.com/waterquality.
If you would like this report mailed to you, email
[email protected] or call 510-986-7555.
View this report online at www.ebmud.com/wqr.
EBMUD encourages public participation in decisions
aff ecting drinking water quality and other matters
at its Board of Directors meeting held the second
and fourth Tuesdays of each month at 1:15 pm,
375 Eleventh Street, 2nd Floor, Oakland.
Board of Directors
John A. Coleman • Andy Katz • Doug Linney
Lesa R. McIntosh • Frank Mellon
William B. Patterson • Marguerite Young
General Manager
Alexander R. Coate
ADDITIONAL CONTACTS
State Water Resources Control Board
Division of Drinking Water • 510-620-3463
U.S. Environmental Protection Agency
Safe Drinking Water Hotline • 800-426-4791
Alameda Public Health Department • 510-567-8000
Contra Costa Public Health Division • 925-313-6712
375 Eleventh Street
Oakland, CA 94607
1-866-40-EBMUD
www.ebmud.com
PUB. 144 3/17 2M 30% Post-consumer waste
Susan
Customer Service
HOW TO CONTACT EBMUD
For more in formation about water quality or to
report a water quality concern, call 866-403-2683
or visit www.ebmud.com/waterquality.
If you would like this report mailed to you, email
[email protected] or call 510-986-7555.
View this report online at www.ebmud.com/wqr.
EBMUD encourages public participation in decisions
aff ecting drinking water quality and other matters
at its Board of Directors meeting held the second
and fourth Tuesdays of each month at 1:15 pm,
375 Eleventh Street, 2nd Floor, Oakland.
Board of Directors
John A. Coleman • Andy Katz • Doug Linney
Lesa R. McIntosh • Frank Mellon
William B. Patterson • Marguerite Young
General Manager
Alexander R. Coate
ADDITIONAL CONTACTS
State Water Resources Control Board
Division of Drinking Water • 510-620-3463
U.S. Environmental Protection Agency
Safe Drinking Water Hotline • 800-426-4791
Alameda Public Health Department • 510-567-8000
Contra Costa Public Health Division • 925-313-6712
375 Eleventh Street
Oakland, CA 94607
1-866-40-EBMUD
www.ebmud.com
PUB. 144 3/17 2M 30% Post-consumer waste
Susan
Customer Service
HOW TO CONTACT EBMUD
For more in formation about water quality or to
report a water quality concern, call 866-403-2683
or visit www.ebmud.com/waterquality.
If you would like this report mailed to you, email
[email protected] or call 510-986-7555.
View this report online at www.ebmud.com/wqr.
EBMUD encourages public participation in decisions
aff ecting drinking water quality and other matters
at its Board of Directors meeting held the second
and fourth Tuesdays of each month at 1:15 pm,
375 Eleventh Street, 2nd Floor, Oakland.
Board of Directors
John A. Coleman • Andy Katz • Doug Linney
Lesa R. McIntosh • Frank Mellon
William B. Patterson • Marguerite Young
General Manager
Alexander R. Coate
ADDITIONAL CONTACTS
State Water Resources Control Board
Division of Drinking Water • 510-620-3463
U.S. Environmental Protection Agency
Safe Drinking Water Hotline • 800-426-4791
Alameda Public Health Department • 510-567-8000
Contra Costa Public Health Division • 925-313-6712
375 Eleventh Street
Oakland, CA 94607
1-866-40-EBMUD
www.ebmud.com
PUB. 144 3/17 2M 30% Post-consumer waste
Susan
Customer Service
HOW TO CONTACT EBMUD
For more in formation about water quality or to
report a water quality concern, call 866-403-2683
or visit www.ebmud.com/waterquality.
If you would like this report mailed to you, email
[email protected] or call 510-986-7555.
View this report online at www.ebmud.com/wqr.
EBMUD encourages public participation in decisions
aff ecting drinking water quality and other matters
at its Board of Directors meeting held the second
and fourth Tuesdays of each month at 1:15 pm,
375 Eleventh Street, 2nd Floor, Oakland.
Board of Directors
John A. Coleman • Andy Katz • Doug Linney
Lesa R. McIntosh • Frank Mellon
William B. Patterson • Marguerite Young
General Manager
Alexander R. Coate
ADDITIONAL CONTACTS
State Water Resources Control Board
Division of Drinking Water • 510-620-3463
U.S. Environmental Protection Agency
Safe Drinking Water Hotline • 800-426-4791
Alameda Public Health Department • 510-567-8000
Contra Costa Public Health Division • 925-313-6712
375 Eleventh Street
Oakland, CA 94607
1-866-40-EBMUD
www.ebmud.com
PUB. 144 3/17 2M 30% Post-consumer waste
Ito ay isang mahalagang impormasyon tungkol sa inyong
iniinom na tubig. Isaling-wika ito, o makipag-usap sa isang tao na naiintindihan ito.
Chi tiết này thật quan trọng. Xin nhờ người dịch cho quý vị. 此份有關你的食水報告 內有重要資料和訊息 請找 他人
為你翻譯及解釋清楚。
The City of Milpitas is pleased to The City of Milpitas is pleased to report that in 2020, your drinking report that in 2020, your drinking water quality met or surpassed every water quality met or surpassed every State and USEPA requirement that State and USEPA requirement that safeguards public health. safeguards public health.
SFPUC
sfwater.org
172
Item # 12.
Our drinking water and how we protect it
The City of Milpitas draws water from two sources that provide clean water to residents and businesses. The water is purchased from two separate wholesalers:
treated surface water from the San Francisco Public Utilities Commission (SFPUC) and treated surface water from the Valley Water (VW). In the event that water supply is interrupted from either VW or SFPUC, the City has the option of utilizing its emergency supply to meet basic water needs for a short duration of time. In 2020, the City supplied an average of 7.5 million gallons of water per day to approximately 16,800 homes and businesses for indoor and outdoor use.
Emergency Supplies
The City does not blend or combine Valley Water or SFPUC water under normal operating conditions. However, the service areas can be interconnected to provide emergency water supply if needed. The City’s water system is also interconnected with the Alameda County Water District to the north and San Jose Water Company to the south. In the event that there is an emergency, either or both agencies can provide water to the City. Valley Water and SFPUC share an intertie that can supply water from one wholesaler to the other. The City can also provide temporary emergency water supply using Pinewood Well, located in the southwestern portion of the City.
Drinking Water Source Assessment Program
Drinking Water Source Assessment Programs evaluate the vulnerability of water sources to potential contamination. Both Valley Water and SFPUC have conducted drinking water source assessments for the City’s potable water supplies. The assessments are available for review at the State Water Resources Control Board (SWRCB) – Division of Drinking Water District Office. You may request that a summary of the assessments be sent to you by calling (510) 620-3474.
SFPUC conducts an annual watershed sanitary survey for the Hetch Hetchy source as well as five year sanitary surveys for local water sources. These surveys evaluate the sanitary condition, water quality, potential contamination sources, and the results of watershed management activities. The surveys were completed with support from partner agencies, including the National Park Service and US Forest Service.
These surveys have identified wildlife, stock, and human activities as potential contamination sources.
Valley Water water sources are vulnerable to potential contamination from a variety of land use practices, such as agricultural and urban runoff, recreational activities, livestock grazing, and residential and industrial development. The imported sources are also vulnerable to wastewater treatment plant discharges, seawater intrusion, and wild fires in open space areas. In addition, local sources are also vulnerable to potential contamination from commercial stables and historic mining practices. No contaminants associated with any of these activities have been detected in Valley Water’s treated water. The water treatment plants provide multiple barriers for physical removal and disinfection of contaminants.
In order to ensure that tap water is safe to drink, the United States Environmental Protection Agency (USEPA) and the State Water Resources Control Board (SWRCB) prescribe regulations that limit the amount of certain contaminants in water
provided by public water systems. The State Board regulations also establish limits for contaminants in bottled water that provide the same protection for public health.
The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs and wells. As water travels over the surface of the land or through the ground, it dissolves naturally-occurring minerals and, in some cases, radioactive material, and can pick up substances resulting from the presence of animals or from human activity. Contaminants that may be present in source water include:
• Microbial Contaminants, such as viruses and bacteria, that may come from sewage treatment plants, septic systems,
agricultural livestock operations, and wildlife.
• Inorganic Contaminants, such as salts and metals, that can be naturally-occurring or result from urban stormwater
runoff, industrial or domestic wastewater discharges, oil and gas production, mining, or farming.
• Pesticides and Herbicides, that may come from a variety of sources, such as agriculture, urban stormwater runoff, and residential uses.
• Organic Chemical Contaminants, including synthetic and volatile organic chemicals, that are by-products of industrial processes and petroleum production, and can also come
from gas stations, urban stormwater runoff, agricultural application, and septic systems.
• Radioactive Contaminants that can be naturally-occurring or be the result of oil and gas production and mining activities.
Contaminants and
Regulations
Maintaining water
quality
Hydrant and Water Main Flushing. Flushing of fire hydrants and water mains is performed to remove sediment and keep the distribution system refreshed by circulating water in pipes that would otherwise remain stagnant. As a result, residents in the immediate vicinity may experience temporary discoloration in their water. This discoloration does not affect the safety of the water. If you experience discoloration in your water after City crews have been flushing in your neighborhood, clear the water from your house plumbing by running water faucets for a few minutes prior to use.
Backflow Testing. A backflow preventer is a plumbing device that keeps the water supply safe by preventing water on private property from flowing back into the City’s distribution system.
Backflow devices are required to be tested annually to ensure they are working properly
Water Sampling. Sampling of the water system is performed in accordance to State and Federal rules and regulations. This requires purging of the water line for a sample to be lab tested.
See the third page of this CCR for water quality sampling results.
Littering is throwing it all away
Nearly 80 percent of the debris found in our watersheds, creeks, shorelines, and the South San Francisco Bay is washed, blown, or dumped by humans residing in the vicinity of the water shed.
One piece of litter can end up miles from where it was improperly discarded, polluting our water systems and causing a threat to wildlife. The primary sources of litter are: pedestrians, motorists, trucks with uncovered loads, household trash handling and its placement at the curb, loading docks, and demolition sites.
Because we live in a watershed, our community’s litter makes a very big impact. A watershed is a land area that drains water into a creek, river, lake, wetland, bay or groundwater aquifer. In the Santa Clara Valley, the water from rain and irrigation (called runoff ) picks up litter and carries it directly into storm drains and creeks that flow to San Francisco Bay.
You Can Make a Difference
• Don’t litter, ever. Something as small as a cigarette butt thrown on a city street has long term adverse effects on the environment. • When you see litter, pick it up and dispose of it properly. • Secure and cover all truckloads of loose debris.
• Make sure your trash can lid is closed securely.
• Always bring a bag for trash when picnicking, hiking, or camping. • If you own a business, check your dumpster on a regular basis, keep it locked and protect it from illegal dumping.
• Report illegal dumping to the Milpitas Police Department at (408) 586-2400. For solid waste and street sweeping services, call Milpitas Sanitation at (408) 988-4500.
• Call the Santa Clara Countywide Recycling Hotline at (800) 553- 8414 or visit www.reducewaste.org to find out where to dispose of or donate large commercial items such as furniture, appliances, etc.
Recycled Water – providing drought-proof,
high quality water for our community
In 2020, irrigation and industrial customers in Milpitas used 350 million gallons of recycled water, thereby conserving an equal amount of potable drinking water. Recycled water from the San Jose/Santa Clara Water Pollution Control
Plant undergoes an extensive treatment process (including filtration and disinfection) and is delivered to landscape irrigation and industrial customers in Milpitas, San Jose, and Santa Clara. For more information pertaining to recycled water, visit www.sanjoseca.gov/sbwr.
The City is dedicated to maintaining the water quality and protecting the water supply. The safegaurds include a combination of preventative and monitoring practices described below.
SFPUC Supply
SFPUC water is a combination of Hetch Hetchy water
and treated local water. Most of SFPUC’s water is sourced from the Hetch Hetchy watershed located in the Sierra
Nevada Mountains. This water is exempt from filtration
requirements by the United States Environmental
Protection Agency (USEPA) and State Water Resources
Control Boards’ Division of Drinking Water (DDW) due to the protected Sierra spring snow melt water source. Local water is collected within the Alameda watershed at Calaveras
Reservoir and San Antonio Reservoir. Local water is treated through filtration and disinfection at the Sunol Valley Water Treatment Plant.
Valley Water Supply
Valley Water water is sourced primarily from the
Sacramento-San Joaquin Delta watershed via the South
Bay Aqueduct, Dyer Reservoir, Lake Del Valle, and San
Luis Reservoir. The water supply is supplemented by local water sources at Anderson and Calero Reservoirs. Valley Water water is treated through filtration and disinfection at Penitencia and Santa Teresa Water Treatment Plants.
Hetch Hetchy Reservoir
173
Item # 12.
°C Degrees Celsius
CU Color unit
cysts/L Cysts per liter
DDW Division of Drinking Water
NA Not applicable
ND Not detected
NS No standard
NTU Nephelometric turbidity unit
NL Notification Level
ppt parts per trillion (nanograms per liter)
ppb parts per billion (micrograms per liter)
% pos % positive
RAA Running annual average
VW Valley Water
SFPUC San Francisco Public Utilities
Commission
TOC Total organic carbon
TON Threshold odor number
USEPA United States Environmental Protection
Agency
μS/cm microSiemens per centimeter
ppm parts per million (milligrams per liter)
Abbreviations
* Typical Sources In Drinking Water
1 Naturally present in the environment
2 Soil runoff
3 Erosion of natural deposits
4 Residue from some surface water treatment
processes
5 Water additive that promotes strong teeth
6 Discharge from fertilizer and aluminum factories
7 Runoff and leaching from fertilizer use
8 Leaching from septic tanks and sewage
9 By-product of drinking water disinfection
10 Various natural and man-made sources
11 Runoff from natural deposits
12 Leaching from natural deposits
13 Naturally-occurring organic materials
14 Seawater influence
15 Industrial wastes
16 Substances that form ions when in water
17 Internal corrosion of household plumbing systems
18 Leaching from wood preservatives
19 Discharges from industrial manufacturers
20 Drinking water disinfectant added for treatment
Water Quality Information
In 2020, The City of Milpitas collected over 2,000 drinking water samples to be analyzed by State-certified laboratories. The water supplied in Milpitas met all USEPA and State drinking water health standards in 2020, as shown in the adjacent table, which lists all drinking water constituents that were detected during the 2020 calendar year. A full list of tested constituents is available upon request. Unless otherwise noted, the data presented in this table reflects testing completed between January 1 and December 31, 2020.
Water Quality Data
Maximum Contaminant Level (MCL). The highest
level of a contaminant that is allowed in drinking
water. Primary MCLs are set as close to the PHGs
(or MCLGs) as is economically and technologically
feasible. Secondary MCLs are set to protect the
odor, taste and appearance of drinking water. MCLs
are established by USEPA and the State Board.
Maximum Contaminant Level Goal (MCLG). The
level of a contaminant in drinking water below which
there is no known or expected risk to health. MCLGs
are set by the USEPA.
Maximum Residual Disinfectant Level (MRDL). The
highest level of a disinfectant allowed in drinking
water. There is convincing evidence that addition of
a disinfectant is necessary for control of microbial
contaminants.
Maximum Residual Disinfectant Level Goal
(MRDLG). The level of a drinking water disinfectant
below which there is no known or expected risk to
health. MRDLGs do not reflect the benefits of the use
of disinfectants to control microbial contaminants.
Notification Level (NL). Health based advisory levels
established by SWRCB for chemicals in drinking
water that lack MCLs.
Primary Drinking Water Standard (PDWS). MCLs
and MRDLs for contaminants that affect health along
with their monitoring and reporting requirements and
water treatment requirements.
Treatment Technique (TT). A required process
intended to reduce the level of a contaminant in
drinking water.
Public Health Goal (PHG). The level of a
contaminant in drinking water below which there
is no known or expected risk to health. PHGs are
set by the California Office of Environmental Health
Hazard Assessment.
Regulatory Action Level (AL). The concentration of
a contaminant which, if exceeded, triggers treatment
or other requirements that a water system must
follow.
Total Organic Carbon (TOC). TOC is precursor for
disinfection byproduct formation.
Turbidity. Turbidity is a measure of the cloudiness
of the water, and is also used to indicate the
effectiveness of the filtration system. High turbidity
can hinder the effectiveness of disinfectants.
UCMR. Unregulated Contaminant Monitoring Rule
requires monitoring for contaminants not currently
regulated. This monitoring provides a basis for future
regulatory actions to protect public health.
Definitions of Key Terms
2020
Water Supply Map
The City serves SFPUC source water to the area south of Calaveras Blvd and east of I-680, as well as north of Calaveras Blvd and east of I-880. VW service areas are west of I-880, as well as south of Calaveras Blvd and west of I-680. Refer to the Water Supply Map below to see where your water comes from.
PRIMARY DRINKING WATER STANDARDS (PUBLIC HEALTH RELATED STANDARDS) PARAMETER Unit MCL,
(AL), or
[MRDL]
PHG,
(MCLG), or
[MRDLG]
Distribution System Valley Waterb SFPUC Typical
Sources*Average Range Average Range Average Range
SOURCE WATER SAMPLING
Turbidity NTU TTa NA 1 100% 1c 99.8 – 100%d 2
INORGANIC CHEMICALS
Aluminum ppm 1 0.6 ND ND – 0.1 ND ND 3, 4
Bromate ppb 10 0.1 3.3 ND - 2.3 ND ND 9
Fluoride ppm 2 1 ND ND - 0.12 0.3 ND - 0.7 3, 5, 6
Nitrate (as Nitrogen) ppm 10 10 ND ND – 0.8 ND ND 3, 7, 8 Nitrate + Nitrite (as N) ppm 10 10 ND ND - 0.8 ND ND 3, 7, 8
DISINFECTION BYPRODUCT PRECURSOR
Total Oganic Carbon (precursor control) ppm TT NA 2.1 1.5 - 2.7 2.9 1.7 - 3.4 10
MICROBIOLOGICAL
Giardia Lamblia cysts/L TT (0) ND ND - 0.1 0.01 0 – 0.05 1 Inorganics
Asbestos MFL 7 7 1.6 1.6 ND ND
DISTRIBUTION SYSTEM SAMPLING
LEAD AND COPPER RULE (2019) - SAMPLES COLLECTED AT CUSTOMERS' TAPS 90th Percentile # of Samples Above AL Lead ppb (15) 0.2 1.7 0 out of 35 3, 17, 19
Copper ppm (1.3) 0.3 0.044 0 out of 35 3, 17, 18
DISINFECTION RESIDUALS AND BYPRODUCTS Highest Location RAA Range Disinfectant Residual as Chlorine ppm [4] [4] 2.75 2.57 - 2.81 20 Total Trihalomethanes ppb 80 NA 41.3 18 – 50 9
Haloacetic Acids ppb 60 NA 47.5 5.1 – 32 9
MICROBIOLOGICAL Average Range
Total Coliform Bacteria % pos / month 5.0% (0) 0.0% 0.0% 1
SECONDARY DRINKING WATER STANDARDS (AESTHETIC STANDARDS) PARAMETER Unit MCL Average Range Average Range Average Range Sources* Aluminum ppb 200 NA NA ND ND – 51 ND ND 3, 4
Chloride ppm 500 NA NA 61.5 51 - 71 8.7 <3 – 15 11, 12, 14 Color CU 15 ND ND–15 ND ND ND ND 13
Odor — Threshold TON 3 ND ND 1 1 ND ND 13
Specific Conductance µS/cm 1600 NA NA 484 385 - 532 160 30 - 260 14, 16 Sulfate ppm 500 NA NA 54 31 - 67 17 1 - 34 11, 12, 15
Total Dissolved Solids ppm 1000 NA NA 249 152– 328 72 <20 – 137 11, 12 Turbidity NTU 5 NA NA 0.035 0 - 0.2 ND ND - 0.2
UNREGULATED PARAMETERS
UCMR 3 (2014-2015)
PARAMETER Unit NL Average Range Average Range Average Range Chlorate ppb 800 120 68–190 123 72 – 290 52 51–180
Boron ppb 1000 NA NA ND ND – 123 ND ND –203
Molybdenum ppb NS 1.9 1.8–2.0 <1 ND – <1 NA NA
Strontium ppb NS 151 14–290 ND ND 111 12 – 234
Vanadium ppb 50 ND ND–4.5 ND ND – 4 NA NA
UCMR 4 (2019-2020)
PARAMETER Unit MRL Average Range
HAA5 ppb NA 30.1 14 - 47
HAA6Br ppb NA 3.44 0.38 - 15
HAA9 ppb NA 33.29 22 - 47
Butylated Hydroxyanisole ppb 0.03 0.035 ND - 0.035
Quinoline ppb 0.02 0.028 ND - 0.028
Manganese ppb 0.4 6.4 1.8 - 17
OTHER WATER QUALITY PARAMETERS
PARAMETER Unit ORL Average Range Average Range Average Range Boron ppb 1000 (NL) 132 ND - 198 ND ND
Bromide ppb NA ND ND - 140 ND ND
Calcium (as Ca) ppm NA 21 17 - 24 12 2.9 - 22
Chlorate ppb 800 (NL) 213 53 - 476 240 67 - 480
Chromium (VI) ppb NA ND ND ND ND
Hardness (as Calcium Carbonate) ppm NA 101 84 - 118 45 8.0 - 79 Magnesium ppm NA 12 10 - 14 4.0 0.2 - 6.8
Molybdenum ppb NA 2.1 1.4 - 2.1 ND ND
pH – NA 7.9 7.6 – 8.1 9.3 8.6 - 9.8
Potassium ppm NA 2.9 2.4 - 3.2 0.8 0.3 - 1.3
Silica ppm NA 11.5 8 - 15 4.8 2.8 - 7
Sodium ppm NA 52.5 43-59 14 2.4 – 22
Strontium ppb NA ND ND 110 14 - 242
Temperature °C NA ND ND ND ND
Total Alkalinity (as Calcium Carbonate) ppm NA 76 70 - 103 55 6.7 - 138 Vanadium ppb 50 (NL) ND ND - 4 ND ND
Some data, although representative, were collected prior to 2020, as the State Board requires monitoring for some constituents less frequently. The concentrations of these constituents do not vary frequently or significantly.
a. For unfiltered water, the MCL is 5.0 NTU. For filtered water, the MCL is ≤0.3 NTU 95% of the time. b. Water system was fed by Santa Teresa and Penitencia Water Treatment Plants. c. Maximum value measured.
d. Percent of time turbidity was maintained at or below 0.3 NTU.
NOTES
Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the USEPA Safe Drinking Water Hotline at (800) 426-4791.
Some people may be more vulnerable to contaminants in drinking water than the general population. Immuno-compromised persons, such as persons with cancer undergoing chemotherapy; persons who have undergone organ transplants; people with HIV/AIDS or other immune system disorders; some elderly; and infants can be particularly at risk from infections.
These individuals should seek advice from their health care providers.
USEPA/Centers for Disease Control guidelines on appropriate means to lessen the risk of infection by cryptosporidium and other microbial contaminants are available from the USEPA Safe Drinking Water Hotline at (800) 426-4791.
What else should I know?
Lead
If present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Infants and young children are typically more vulnerable to lead in drinking water than the general population. Lead in drinking water is primarily from materials and components associated with service lines and home plumbing. The City is responsible for providing high quality drinking water, but cannot control the variety of materials used in plumbing components. It is possible that lead levels at your home may be higher than at other homes in the community as a result of materials used in your home’s plumbing. If you are concerned about elevated lead levels in your home’s water, you may wish to have your water tested by a laboratory and/or flush your tap. When your water has been sitting for several hours, you can minimize the potential for lead exposure by flushing your tap for 30 seconds to 2 minutes before using water for drinking or cooking. If you do so, you may wish to collect the flushed water and reuse it for another beneficial purpose, such as watering plants. Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the USEPA Safe Drinking Water Hotline or at 1 (800) 426-4791 or at epa.gov/lead.
In 2018, the City of Milpitas, through a coordinated effort with the Milpitas Unified School District (MUSD) has completed lead sampling at fourteen (14) K-12 school sites, in compliance with Assembly Bill No. 746.
Fluoride and Dental Fluorosis
Mandated by State law, water fluoridation is a widely accepted practice proven to be safe and effective for preventing and controlling tooth decay. The fluoride target level in the water is
0.7 milligram per liter (mg/L, or part per million, ppm), consistent with the May 2015 State regulatory guidance on optimal fluoride level. Infants fed formula mixed with water contain- ing fluoride at this level may still have a chance of developing tiny white lines or streaks in their teeth. These marks are referred to as mild to very mild fluorosis, and are often only visible under a microscope. Even in cases where the marks are visible, they do not pose any health risk. The Centers of Disease Control (CDC) considers it safe to use optimally fluoridated water for preparing infant formula. To lessen this chance of dental fluorosis, you may choose to use low-fluoride bottled water to prepare infant formula. Nevertheless, children may still develop dental fluorosis due to fluoride intake from other sources such as food, toothpaste and dental products.
Contact your healthcare provider or SWRCB-DDW if you have concerns about dental fluorosis.
For additional information about fluoridation or oral health, visit the SWRCB-DDW website www.waterboards.ca.gov/drinking_water/certlic/drinkingwater/Fluoridation.shtml, or the CDC website www.cdc.gov/fluoridation.
Disinfection with Chloramine
The water from both SFPUC and Valley Water is treated with chloramine to protect public health. Chloramine assists in destroying disease-causing organisms. Chloramine is considered safe for use as a water disinfectant. However, home dialysis patients and aquarium owners must take precautions before using the chloraminated water in kidney dialysis machines or aquariums. Dialysis patients should consult with their doctor or dialysis technician and aquarium owners should consult with their pet store.
Hardness
Water hardness is determined mainly by the presence of calcium and magnesium salts.
Although hard water does not pose a health risk, it may be considered undesirable for other reasons. Some benefits of water softening are reductions in soap usage, longer life for water heaters and a decrease in encrustation of pipes; disadvantages are an increase in sodium intake, an increase in maintenance and servicing and potential adverse effects on salt- sensitive plants. To convert hardness from ppm to grains per gallon, divide by 17.1. A hardness scale is provided below for your reference.
Hardness Classification Grains per Gallon ppm
Soft less than 1.0 less than 17.1
Slightly hard 1.0–3.5 17.1–60
Moderately hard 3.5–7.0 60–120
Hard 7.0–10.5 120–180
Very hard over 10.5 over 180
Valley Water
SFPUC
174
Item # 12.
City of Milpitas
455 E. Calaveras Blvd. Milpitas, CA 95035
https://www.milpitas.gov
CITY OF MILPITAS
Water Quality Report
In Calendar Year 2021, your tap water met all USEPA and State drinking water health standards. We vigilantly safeguard our water supplies, and once again, we are proud to report that our system had no water quality standard violations. 2021Frequently Asked Questions
Why is my water brown or not clear?
Stagnant water sitting in aging plumbing may become brown. This should clear up once sitting water is flushed out from the pipes and replaced with fresh water. Brown water could also be from blocked or clogged sink fixture aerators. Aerators are located at the end of a fixture and can be removed and flushed to clear any debris. Once flushed, hand-tighten to reassemble.
Is there fluoride in the water?
The City receives fluoridated water from SFPUC and Valley Water.
SFPUC has been fluoridating water since 1995 while Valley Water began fluoridation in December of 2016.
Why has my water pressure dropped suddenly?
Depending on your location, you could receive water pressure between 40 to 140 psi. Water pressure could have dropped for a variety of reasons. If your water pressure drops unexpectedly please call Milpitas Public Works Dept at (408) 586-2600. You can also check for clogged strainers and proper operation of any pressure regulators.
How can I treat my drinking water after a disaster?
If you run out of stored drinking water, strain and treat water from your water heater or toilet reservoir tank (except if you use toilet tank cleaners.) You cannot drink swimming pool or spa water, but it can be used for flushing toilets or washing. • Strain large particles by pouring water through a couple of layers of paper towels or clean cloth. Purify the water by:
• Boiling. Bring to a rolling boil and maintain for 3-5 minutes. T o improve the taste, pour it back and forth between two clean containers to add oxygen back into the water.
• Disinfecting. If the water is clear, add 8 drops of bleach per gallon of water. If it is cloudy, add 16 drops. Shake or stir, then let stand for 30 minutes. A slight chlorine taste and smell is to be expected.
How can I prepare for an emergency?
In a disaster or emergency situation, water supplies may be cut off or contaminated.
Store enough water to supply everyone in your family for at least 3-5 days. For general drinking purposes, store one gallon of water, per person, per day, and three gallons of water, per person, per day for limited cooking and personal hygiene use.
If you store tap water, use food grade plastic containers. Replace water at least once every six months. If you buy bottled “spring” or “drinking” water, keep it in its original container. Label bottles with their replacement date and store in a cool, dark place. 175
Item # 12.
1 This report contains important information about your drinking water.
Translate it, or speak with someone who understands it.
If necessary, please call 408-586-2600 to have the report translated.
Este informe contiene información muy importante sobre su agua potable.
Tradúzcalo o hable con alguien que lo entienda bien.
Si es necesario, llame al 408-586-2600 si necesita el informe traducido.
Ang pag-uulat na ito ay naglalaman ng mahalagang
impormasyon tungkol sa inyong inuming tubig.
Isaling-wika ito, o makipag-usap sa isang tao na naiintindihan ito.
Kung kinakailangan, mangyaring tumawag sa 408-586-2600
upang maisalin ang ulat.
Báo cáo này chứa thông tin quan trọng về nước uống của quý vị.
Xin nhờ người dịch cho quý vị.
Nếu cần, xin gọi số 408-586-2600 để được phiên dịch bản báo cáo.
The World Health Organization has stated that the "presence of COVID-19 virus has not been detected in drinking-water supplies and based on our current evidence, the risk to water supplies is low". The City of Milpitas continues to monitor the COVID-19 emergency to ensure we continue providing safe, clean water for our community.
COVID-19 and Drinking Water
Division of Drinking Water
https://www.waterboards.ca.gov/drinking_water/; (510) 620-3474 US EPA
https://www.epa.gov; (800) 426-4791
Department of Water Resources
https://www.water.ca.gov
Bay Area Water Supply and Conservation Agency
https://www.bawsca.org
American Water Works Association
https://www.awwa.org or https://www.DrinkTap.org
Valley Water
https://www.valleywater.org
Resources
More information
For more information about this report or the City’s water quality monitoring program, please contact:
City of Milpitas Public Works Department at
(408) 586-2600; [email protected]
इस रिपोर्ट में महत्वपूर्ण जानकारी है l
इसका अनुवाद करें, या उस व्यक्ति से बात करें जो इसे समझता है l यदि आवश्यक हो, तो रिपोर्ट का अनुवाद करने के लिए कृपया 408-586-2600 पर कॉल करें।
이 보고서는 당신의 식수와 관련된 중요한 정보를 포함하고 있으니
번역하시거나 보고서의 내용을 이해할 수 있는 분과 이야기 하시기
바랍니다. 필요한 경우 408-586-2600으로 전화하여 보고서 번역을
요청하십시오.
由于此报告书包含着有关饮用水的重要信息,
因此希望各位跟能够翻译或理解报告书内容的人对话。
如有必要，请致电 408-586-2600 翻译报告。
Our Drinking Water and How We Protect It
The City of Milpitas draws water from
two sources that provide clean water
to residents and businesses. The
water is purchased from two separate
wholesalers: treated surface water
from the San Francisco Public
Utilities Commission (SFPUC) and
treated surface water from the Valley
Water. In the event that water supply
is interrupted from either Valley Water
or SFPUC, the City has the option of
utilizing its emergency supply to meet
basic water needs for a short duration
of time. In 2021, the City supplied
an average of 7.0 million gallons of
water per day to approximately 16,000
homes and businesses for indoor and
outdoor use.
SFPUC Supply
SFPUC water is a combination of Hetch Hetchy water and treated local water.
Most of SFPUC’s water is sourced from the Hetch Hetchy watershed located in the Sierra Nevada Mountains. This water is exempt from filtration requirements by the United States Environmental Protection agency (USEPA) and State Water Resources Control Boards’ Division of Drinking Water (DDW) due to the protected Sierra spring snow melt water source. Local water is collected within the Alameda watershed at Calaveras Reservoir and San Antonio Reservoir.
Local water is treated through filtration and disinfection at the Sunol Valley Water Treatment Plant.
Valley Water Supply
Valley Water water is sourced primarily from the Sacramento-San Joaquin Delta watershed via the South Bay Aqueduct, Dyer Reservoir, Lake Del Valle, and San Luis Reservoir. The water supply is supplemented by local water sources at Anderson and Calero Reservoirs. Valley Water water is treated through filtration and disinfection at Penitencia and Santa T eresa Water Treatment Plants.
Emergency Supplies
The City does not blend or combine SFPUC and Valley Water waters under normal operating conditions. However, the service areas can be interconnected to provide emergency water supply if needed. The City’s water system is also interconnected with the Alameda County Water District to the north and San Jose Water Company to the south. In the event that there is an emergency, either or both agencies can provide water to the City. SFPUC and Valley Water share an intertie that can supply water from one wholesaler to the other. The City can also provide temporary emergency water supply using Pinewood Well, located in the southwestern portion of the City.
176
Item # 12.
In order to ensure that tap water is safe to drink, the United States Environmental Protection Agency (USEPA) and the State Water Resources Control Board (SWRCB) prescribe regulations that limit the amount of certain contaminants in water provided by public water systems. The State Board regulations also establish limits for contaminants in bottled water that provide the same protection for public health.
The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs and wells. As water travels over the surface of the land or through the ground, it dissolves naturally-occurring minerals and, in some cases, radioactive material, and can pick up substances resulting from the presence of animals or from human activity. Contaminants that may be present in source water include:
• Microbial Contaminants such as viruses and bacteria, that may come from sewage treatment plants, septic systems, agricultural livestock operations, and wildlife.
• Inorganic Contaminants such as salts and metals, that can be naturally-occurring or result from urban stormwater runoff, industrial or domestic wastewater discharges, oil and gas production, mining, or farming.
• Pesticides and Herbicides that may come from a variety of sources, such as agriculture, urban stormwater runoff, and residential uses. • Organic Chemical Contaminants including synthetic and volatile organic chemicals, that are by-products of industrial processes and petroleum production, and can also come from gas stations, urban stormwater runoff, agricultural application, and septic systems. • Radioactive Contaminants that can be naturally-occurring or be the result of oil and gas production and mining activities.
Contaminants & Regulations Maintaining Water Quality
The City is dedicated to maintaining the water quality and protecting the water supply. The safegaurds include a
combination of preventative and monitoring practices
described below.
Hydrant and Water Main Flushing: Flushing of fire
hydrants and water mains is performed to remove sediment and keep the distribution system refreshed by circulating water in pipes that would otherwise remain stagnant. As a result, residents in the immediate vicinity may experience temporary discoloration in their water. This discoloration does not affect the safety of the water. If you experience discoloration in your water after City crews have been
flushing in your neighborhood, clear the water from your house plumbing by running water faucets for a few minutes prior to use.
Backflow Testing: A backflow preventer is a plumbing
device that keeps the water supply safe by preventing
water on private property from flowing back into the City’s distribution system. Backflow devices are required to be tested annually to ensure they are working properly.
Water Sampling: Sampling of the water system is performed in accordance to State and Federal rules and regulations.
This requires purging of the water line for a sample to be lab tested. See page 6 through 7 of this CCR for water quality sampling results.
Littering is Throwing It All Away
Nearly 80 percent of the debris found in our watersheds, creeks, shorelines, and the South San Francisco Bay is washed, blown or dumped by humans residing in the vicinity of the water shed. One piece of litter can end up miles from where it was improperly discarded, polluting our water systems and causing a threat to wildlife. The primary sources of litter are: pedestrians, motorists, trucks with uncovered loads, household trash handling and its placement at the curb, loading docks, and demolition sites. 3 Because we live in a watershed, our community’s litter makes a very big impact. A watershed is a land area that drains water into a creek, river, lake, wetland, bay or groundwater aquifer.
In the Santa Clara Valley, the water from rain and irrigation (called runoff) picks up litter and carries it directly into storm drains and creeks that flow to San Francisco Bay.
You Can Make a Difference
• When you see litter, pick it up and dispose of it properly • Make sure your trash can lid is closed securely
• Always bring a bag for trash when hiking, camping, picnicking, or visiting communal park spaces
• If you own a business, check your dumpster on a regular basis, keep it locked, and protect it from illegal dumping
•
• Contact the Santa Clara County Recycling Hotline with any recycling- based questions that you may have. They can be reached by calling (800) 533-8414 or through their website at https://www.recyclestuff.org • Dispose of your hazardous waste properly through Santa Clara County’s HHW program. Make an appointment by calling (408) 299-7300 or on their website at https://hhw.sccgov.org/home
• For solid waste and street sweeping services, call Milpitas Sanitation at (408) 988-4500
Report illegal dumping to our Public Works Department
using the My Milpitas App.
Recycled Water – Providing
Drought-proof, High Quality Wa-
ter For Our Community
In 2021, irrigation and industrial customers in
Milpitas used 335 million gallons of recycled
water, thereby conserving an equal amount of
potable drinking water. Recycled water from
the San Jose/Santa Clara Water Pollution
Control Plant undergoes an extensive
treatment process (including filtration and
disinfection) and is delivered to landscape
irrigation and industrial customers in Milpitas,
San Jose, and Santa Clara. For more
information pertaining to recycled water, visit
https://www.sanjoseca.gov/sbwr.
Drinking Water Source Assessment Program
Drinking Water Source Assessment Programs evaluate the vulnerability of water sources to potential contamination. Both SFPUC and Valley Water have conducted drinking water source assessments for the City’s potable water supplies. The assessments are available for review at the State Water Resources Control Board (SWRCB) – Division of Drinking Water District Office. You may request that a summary of the assessments be sent to you by calling (510) 620-3474.
SFPUC conducts an annual watershed sanitary survey for the Hetch Hetchy source as well as five year sanitary surveys for local water sources. These surveys evaluate the sanitary condition, water quality, potential contamination sources, and the results of watershed management activities. The surveys were completed with support from partner agencies including the National Park Service and US Forest Service. These surveys have identified wildlife, stock, and human activities as potential contamination sources.
Valley Water water sources are vulnerable to potential contamination from a variety of land use practices, such as agricultural and urban runoff, recreational activities, livestock grazing, and residential and industrial development. The imported sources are also vulnerable to wastewater treatment plant discharges, seawater intrusion, and wild fires in open space areas. In addition, local sources are also vulnerable to potential contamination from commercial stables and historic mining practices. No contaminants associated with any of these activities have been detected in Valley Water’s treated water. The water treatment plants provide multiple barriers for physical removal and disinfection of contaminants.
2 Milpitas, along with the rest of California, is entering the third year of severe drought.
Governor Newsom declared a Statewide Drought Emergency and set a 15% water use reduction goal. T o align with the State, the Milpitas City Council has declared a Level 2 Drought Emergency and has implemented water waste restrictions including the following:
• Only water outdoors on the three designated days listed in the watering schedule below:
o Odd number addresses: Monday, Thursday & Saturday
o Even number addresses: T uesday, Friday & Sunday
o Without Street Number: Monday, Thursday & Sunday
• If using sprinkler systems, watering is only allowed before 9 am and after 6 pm. • Don’t let water run into streets or gutters. Watering that results in flooding or runoff in gutters, sidewalks, driveways, or streets is prohibited. • Always use a hose with a nozzle that shuts off automatically when the handle is released for watering landscapes and washing vehicles.
• Fix leaks as soon as possible. Do not use broken or defective plumbing, sprinkler, watering, or irrigation systems.
What is the current state of drought in Milpitas?
The City of Milpitas and Valley Water are of -
fering resources and rebate programs to help
residents and businesses save water, includ -
ing rebates for rainwater capture systems,
graywater laundry-to-landscape systems,
drought tolerant landscape conversions, and
more! Visit https://savewatermilpitas.org/
for additional information and access to all
available rebate programs.
Register for the City’s new WaterSmart Portal
to see view your near real-time water use from
your smart meter, get leak alerts, and tips
on how you can save water at home. Go to
https://milpitas.watersmart.com/index.php/
welcome
Download the My Milpitas
App on your mobile phone
via the Apple and Google Play
store. For more information
regarding the My Milpitas
App, visit our webpage at
https://www.milpitas.gov/
milpitasapp/
T o learn more about Water Conservation or to
report Water Waste Violations,
call 408-586-2666 or report online using the My
Milpitas App
177
Item # 12.
PRIMARY DRINKING WATER STANDARDS (PUBLIC HEALTH RELATED STANDARDS) PARAMETER Unit MCL,
(AL), or
[MRDL]
PHG,
(MCLG),
or
[MRDLG]
Distribution
System
Valley Waterb SFPUC Typical
Sources*Average Range Average Range Average Range
SOURCE WATER SAMPLING
INORGANIC CHEMICALS
Aluminum ppm 1 0.6 ND ND ND ND 3, 4
Bromate ppb 10 0.1 2.45 ND - 6 2.1c ND - 1.9 9
Fluoride ppm 2 1 ND ND - 0.13 0.4 ND - 0.8 3, 5, 6
Nitrate (as Nitrogen) ppm 10 10 ND ND - 1.0 ND ND 3, 7, 8 Nitrate + Nitrite (as N) ppm 10 10 ND ND - 1.0 ND ND 3, 7, 8
DISINFECTION BYPRODUCT PRECURSOR
TOC (precursor control) ppm TT NA 2.5 1.7 - 3.8 1.8 1.2 - 2.2 10
MICROBIOLOGICAL
Giardia Lamblia cysts/L TT (0) ND ND - 0.1 0.01 0 - 0.04 1 T urbidity NTU TTa NA 0.28 100% 0.4c 99.8-
100%d
2 .
How to Read the Water Quality Table
Go to Column I on the Water Quality T ables to find the parameter you are interested in.I This column lists the public health goal. At that amount or lower, there is no known or expected risk to health from that contaminant’s presence in drinking water.*III
This column lists the highest amount of each parameter that the State Water Board or the USEPA allows.
IV
II
Find the column that corresponds to the source water that primarily serves you. Both the average and range of each parameter detected is listed for each water source.*
This column indicates how each parameter typically gets into your drinking water.* 4 V
Definitions of Key Terms
Maximum Contaminant Level (MCL): The highest level of a contaminant that is allowed in drinking water. Primary MCLs are set as close to the PHGs (or MCLGs) as is economically and technologically feasible. Secondary MCLs are set to protect the odor, taste and appearance of drinking water. MCLs are established by USEPA and the State Board.
Maximum Contaminant Level Goal (MCLG): The level of a
contaminant in drinking water below which there is no known or expected risk to health. MCLGs are set by the USEPA.
Maximum Residual Disinfectant Level (MRDL): The highest level of a disinfectant allowed in drinking water. There is convincing evidence that addition of a disinfectant is necessary for control of microbial contaminants.
Maximum Residual Disinfectant Level Goal (MRDLG): The
level of a drinking water disinfectant below which there is no known or expected risk to health. MRDLGs do not reflect the benefits of the use of disinfectants to control microbial contaminants.
Notification Level (NL): Health based advisory levels established by SWRCB for chemicals in drinking water that lack MCLs.
Primary Drinking Water Standard (PDWS): MCLs and MRDLs for contaminants that affect health along with their monitoring and reporting requirements and water treatment requirements.
Treatment Technique (TT): A required process intended to reduce the level of a contaminant in drinking water.
Public Health Goal (PHG): The level of a contaminant in drinking water below which there is no known or expected risk to health.
PHGs are set by the California Office of Environmental Health Hazard Assessment.
Regulatory Action Level (AL): The concentration of a contaminant which, if exceeded, triggers treatment or other requirements that a water system must follow.
Total Organic Carbon (TOC): TOC is precursor for disinfection byproduct formation.
Turbidity: T urbidity is a measure of the cloudiness of the water, and is also used to indicate the effectiveness of the filtration system. High turbidity can hinder the effectiveness of disinfectants.
UCMR: Unregulated Contaminant Monitoring Rule requires monitoring for contaminants not currently regulated. This monitoring provides a basis for future regulatory actions to protect public health.
I II III IV VIV
*For typical sources of chemical constituents, abbreviations, and the Water Supply Map, see page 5 of this CCR. 2021
5 Water Supply Map
The City serves SFPUC source water to the
area south of Calaveras Blvd and east of
I-680, as well as north of Calaveras Blvd
and east of I-880. Valley Water service
areas are west of I-880, as well as south
of Calaveras Blvd and west of I-680. Refer
to the Water Supply Map to the left to see
where your water comes from.
Typical Sources of Chemical Constituents
°C Degrees Celsius
CCR Consumer Confidence Report
CU Color unit
cysts/L Cysts per liter
DDW Division of Drinking Water
NA Not applicable
ND Not detected
NS No standard
NTU Nephelometric turbidity unit
NL Notification Level
ORL Other Regulatory Level
pCi/L picocurie per liter
ppt parts per trillion
ppb parts per billion (micrograms per liter)
ppm parts per million (milligrams per liter)\
μS/cm microSiemens per centimeter
% pos % positive
RAA Running annual average
SFPUC San Francisco Public Utilities Commission
TOC T otal organic carbon
TON Threshold odor number
USEPA United States Environmental Protection Agency
1 Naturally present in the environment
2 Soil runoff
3 Erosion of natural deposits
4 Residue from some surface water treatment processes
5 Water additive that promotes strong teeth
6 Discharge from fertilizer and aluminum factories
7 Runoff and leaching from fertilizer use
8 Leaching from septic tanks and sewage
9 By-product of drinking water disinfection
10 Various natural and man-made sources
11 Runoff from natural deposits
12 Leaching from natural deposits
13 Naturally-occurring organic materials
14 Seawater influence
15 Industrial wastes
16 Substances that form ions when in water
17 Internal corrosion of household plumbing systems
18 Leaching from wood preservatives
19 Discharges from industrial manufacturers
20 Drinking water disinfectant added for treatment
Abbreviations
Data Annotations
178
Item # 12.
6 PRIMARY DRINKING WATER STANDARDS (PUBLIC HEALTH RELATED STANDARDS) PARAMETER Unit MCL,
(AL), or
[MRDL]
PHG,
(MCLG),
or
[MRDLG]
Distribution
System
Valley Waterb SFPUC Typical
Sources*Average Range Average Range Average Range
SOURCE WATER SAMPLING
INORGANIC CHEMICALS
Aluminum ppm 1 0.6 ND ND ND ND 3, 4
Bromate ppb 10 0.1 2.45 ND - 6 ND ND 9
Fluoride ppm 2 1 ND ND - 0.13 0.4 ND - 0.8 3, 5, 6
Nitrate (as Nitrogen) ppm 10 10 ND ND - 1.0 ND ND 3, 7, 8 Nitrate + Nitrite (as N) ppm 10 10 ND ND - 1.0 ND ND 3, 7, 8
DISINFECTION BYPRODUCT PRECURSOR
TOC (precursor control) ppm TT NA 2.5 1.7 - 3.8 1.8 1.2 - 2.2 10
MICROBIOLOGICAL
Giardia Lamblia cysts/L TT (0) ND ND - 0.1 0.01 0 - 0.04 1 T urbidity NTU TTa NA 0.28 100% 0.4c 99.8-100%d 2
RADIOACTIVE CONTAMINANTS
Uranium pCi/L 20 0.43 1e 1e ND ND 3
DISTRIBUTION SYSTEM SAMPLING
LEAD AND COPPER RULE STUDY
(MILPITAS 2019 AT -THE-TAP SAMPLING)
90th Percentile # of Samples Above AL
Lead ppb (15) 0.2 1.7 0 out of 35 3, 17, 19
Copper ppm (1.3) 0.3 0.044 0 out of 35 3, 17, 18
DISINFECTION RESIDUALS AND BYPRODUCTS Highest Location RAA Range Disinfectant Residual as Chlorine ppm [4] [4] 2.77 2.37-2.91 20 T otal Trihalomethanes ppb 80 NA 49.3 15–60 9
Haloacetic Acids (HAA5) ppb 60 NA 33.3 9–63 9
MICROBIOLOGICAL Average Range
T otal Coliform Bacteria % pos / month 5.0% (0) 0% 0% 1
SECONDARY DRINKING WATER STANDARDS (AESTHETIC STANDARDS) PARAMETER Unit MCL Average Range Average Range Average Range Sources* Aluminum ppb 200 ND ND ND ND 3, 4
Chloride ppm 500 100.5 86 - 122 6.7 <3 - 11 11, 12, 14
Color CU 15 ND ND ND ND 13
Odor — Threshold TON 3 1 1 ND ND 13
Specific Conductance µS/cm 1600 673 586 - 784 135 34 - 217 14, 16 Sulfate ppm 500 73 59 - 95 13 1.1 - 29 11, 12, 15
T otal Dissolved Solids ppm 1000 390.5 330 - 459 52 <20 - 96 11, 12 T urbidity NTU 5 ND ND - 0.28 ND ND - 0.2 2
I
Notes a. For unfiltered water, the MCL is 5.0 NTU. For filtered water, the MCL is ≤0.3 NTU 95% of the time.
b. Water system was fed by Santa T eresa and Penitencia Water Treatment Plants.
c. Maximum value measured.
d. Percent of time turbidity was maintained at or below 0.3 NTU. e. Radioactive monitoring is conducted every nine years. Uranium was detected in San Luis Reservoir in 2013
II III IV VIV
UNREGULATED PARAMETERS FOR UCMR 4 (YEAR 2019-2020)
PARAMETER Unit NL Average Range
Haloacetic Acids (HAA5) ppb NA 30.1 14 - 47
HAA6Br ppb NA 3.44 0.38 - 15
HAA9 ppb NA 33.29 22 - 47
Butylated Hydroxyanisole ppb 0.03 0.035 ND - 0.035
Quinoline ppb 0.02 0.028 ND - 0.028
Manganese ppb 0.4 6.4 1.8 - 17
OTHER WATER QUALITY PARAMETERS
PARAMETER Unit ORL Average Range Average Range Average Range Boron ppb 1000 (NL) 201 171 - 285 ND ND - 123
Bromide ppb NA 187.5 120 - 240 ND ND
Calcium (as Ca) ppm NA 24.5 20 - 28 9.5 3 - 17
Chlorate ppb 800 (NL) 154.5 109 - 238 162 28 - 420
Hardness (as Calcium Carbonate) ppm NA 124.5 98 - 140 34 7.7 - 60 Magnesium ppm NA 15.5 12 - 18 2.9 <0.2 - 5.5
pH – NA 7.85 7.5 - 8.0 9.2 8.6 - 9.7
Phosphate (ortho) ppm NA ND ND <0.3 <0.3 - 0.3
Potassium ppm NA 4.25 3.2 - 4.6 0.7 0.4 - 11
Silica ppm NA 12.5 9 - 14 4.8 3 - 5.9
Sodium ppm NA 80 59 - 99 12 3.1 – 17
Strontium ppb NA ND ND 83 14 - 181
T otal Alkalinity (as Calcium Carbonate) ppm NA 84 76 - 92 37 4.5 - 79 Vanadium ppb 50 (NL) ND ND - 5 ND ND
2021
7 In 2021, The City of Milpitas collected over 2,000 drinking water samples to be analyzed by State-certified laboratories.
The water supplied in Milpitas met all USEPA and State drinking water health standards in 2021, as shown in the adjacent table, which lists all drinking water constituents that were detected during the 2021 calendar year. A full list of tested constituents is available upon request. Unless otherwise noted, the data presented in this table reflects testing completed between January 1 and December 31, 2021.
Some data, although representative, were collected prior to 2021, as the State Board requires monitoring for some constituents less frequently. The concentrations of these constituents do not vary frequently or significantly.
This Consumer Confidence Report (CCR) reflects changes in drinking water regulatory requirements during 2021. These revisions add the requirements of the federal Revised T otal Coliform Rule, effective since April 1, 2016, to the existing state T otal Coliform Rule. The revised rule maintains the purpose to protect public health by ensuring the integrity of the drinking water distribution system and monitoring for the presence of microbials (i.e., total coliform and E. coli bacteria).
The U.S. EPA anticipates greater public health protection as the rule requires water systems that are vulnerable to microbial contamination to identify and fix problems. Water systems that exceed a specified frequency of total coliform occurrences are required to conduct an assessment to determine if any sanitary defects exist. If found, these must be corrected by the water system. The state Revised T otal Coliform Rule became effective July 1, 2021.
Legend
Water Quality Data
Distribution System
Valley Water
San Francisco Public Utilities Commission (SFPUC)
179
Item # 12.
Water Quality Information
Lead
If present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Infants and young children are typically more vulnerable to lead in drinking water than the general population. Lead in drinking water is primarily from materials and components associated with service lines and home plumbing. The City is responsible for providing high quality drinking water, but cannot control the variety of materials used in plumbing components. It is possible that lead levels at your home may be higher than at other homes in the community as a result of materials used in your home’s plumbing. If you are concerned about elevated lead levels in your home’s water, you may wish to have your water tested by a laboratory and/or flush your tap. When your water has been sitting for several hours, you can minimize the potential for lead exposure by flushing your tap for 30 seconds to 2 minutes before using water for drinking or cooking. If you do so, you may wish to collect the flushed water and reuse it for another beneficial purpose, such as watering plants. Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the USEPA Safe Drinking Water Hotline or at (800) 426-4791 or at epa.gov/lead.
In 2018, the City of Milpitas, through a coordinated effort with the Milpitas Unified School District (MUSD) completed lead sampling at fourteen (14) K-12 school sites, in compliance with Assembly Bill No. 746.
Fluoride and Dental Fluorosis
Mandated by State law, water fluoridation is a widely accepted practice proven to be safe and effective for preventing and controlling tooth decay. The fluoride target level in the water is 0.8 milligram per liter (mg/L, or part per million, ppm), consistent with the May 2015 State regulatory guidance on optimal fluoride level. Infants fed formula mixed with water containing fluoride at this level may still have a chance of developing tiny white lines or streaks in their teeth. These marks are referred to as mild to very mild fluorosis, and are often only visible under a microscope. Even in cases where the marks are visible, they do not pose any health risk. The Centers of Disease Control (CDC) considers it safe to use optimally fluoridated water for pre - paring infant formula. T o lessen this chance of dental fluorosis, you may choose to use low-fluoride bottled water to prepare infant formula. Nevertheless, children may still develop dental fluorosis due to fluoride intake from other sources such as food, toothpaste and dental products.
Contact your healthcare provider or SWRCB-DDW if you have concerns about dental fluorosis. For additional information about fluoridation or oral health, visit the SWRCB-DDW website https://www.waterboards.ca.gov/drinking_water/certlic/ drinkingwater/Fluoridation.shtml, or the CDC website https://www.cdc.gov/fluorida- tion.
Disinfection with Chloramine
The water from both SFPUC and Valley Water is treated with chloramine to protect public health. Chloramine assists in destroying disease-causing organisms.
Chloramine is considered safe for use as a water disinfectant. However, home dialysis patients and aquarium owners must take precautions before using the chloraminated water in kidney dialysis machines or aquariums. Dialysis patients should consult with their doctor or dialysis technician and aquarium owners should consult with their pet store.
Hardness Classification Grains per Gallon ppm
Soft less than 1.0 less than 17.1
Slightly hard 1.0–3.5 17.1–60
Moderately hard 3.5–7.0 60–120
Hard 7.0–10.5 120–180
Very hard over 10.5 over 180
Hardness
Water hardness is determined mainly by the presence of calcium and magnesium salts. Although hard water does not pose a health risk, it may be considered undesirable for other reasons. Some benefits of water softening are reductions in soap usage, longer life for water heaters and a decrease in encrustation of pipes; disadvantages are an increase in sodium intake, an increase in maintenance and servicing and potential adverse effects on salt-sensitive plants. T o convert hardness from ppm 8 Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the USEPA Safe Drinking Water Hotline. Call 1(800) 426-4791
Some people may be more vulnerable to contaminants in drinking water than the general population. Immuno-compromised persons, such as persons with cancer undergoing chemotherapy; persons who have undergone organ transplants; people with HIV/AIDS or other immune system disorders; some elderly; and infants can be particularly at risk from infections. These individuals should seek advice from their health care providers.
USEPA/Centers for Disease Control guidelines on appropriate means to lessen the risk of infection by cryptosporidium and other microbial contaminants are available from the USEPA Safe Drinking Water Hotline. Call 1(800) 426-4791 What Else Should I Know?
Important Contact Information
City of Milpitas
455 E Calaveras Blvd, Milpitas, CA 95035
(408) 586-3000; TDD (408) 586-2643
https://www.milpitas.gov
Business Hours of operation 8 a.m. to 5 p.m., M–Th
Water Emergencies
(408) 586-2600, Business Hours
(408) 586-2400, After Hours
Billing Questions
(408) 586-3100
Water Conservation Hotline
(408) 586-2666
Valley Water Pollution Hotline
(888) 510-5151 (24 Hours)
City Contacts
How to Get Involved
9 City Council meetings are typically held on the first and third T uesday of every month at 7:00 pm in the City Hall Council Chambers located at 455 E. Calaveras Blvd. Prior to each meeting, Council meeting agendas can be found posted at City Hall and can also be downloaded from the City website at: https://www.milpitas.gov/our-government/city-council/city-council-agendas-and-minutes-2/ You can also tune in to a live stream of our City Council meetings at: https://www.milpitas.gov/live-streaming-virtual-meeting-council-planning- meeting/
180
Item # 12.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Economic Development and American Rescue Plan Act Economic Vitality Investment Framework Update (Staff Contact: Alex Andrade, Director of Economic Development, 408-586-3046)
Category: Community Development
Meeting Date: 8/16/2022
Recommendation: Receive Economic Development and American Rescue Plan Act (ARPA) Economic Vitality Investment Framework Update.
BACKGROUND:
The City Council approved the Economic Development Strategy and Implementation Actions report (EDS) on May 5, 2020, as a policy document to serve as Milpitas’ road map to grow and diversify the City’s economy, support businesses and workers, and improve quality of life in the community. Economic Development and Job Growth is a key City Council priority, which is vital to the health of the local economy. The EDS was approved a few months into the COVID-19 pandemic. Consequently, the EDS includes vital strategies and implementation actions that have assisted the local business community in resiliency and recovery.
The Economic Development Strategy is a 5-year plan and is organized into 7 topic areas based on challenges and opportunities identified through comprehensive outreach activities and data analysis. It consists of 35 strategies and 64 implementation actions. A variety of strategies and implementation actions have been completed while several others are underway with the goal of supporting businesses, assisting the development community, and increasing economic vibrancy.
On March 11, 2021, President Biden signed into law the American Rescue Plan Act (ARPA) to support urgent COVID-19 response efforts such as to help retain jobs and provide immediate economic stabilization for households and businesses. Given the local impact of the pandemic, the City Council approved the ARPA Economic Vitality Investment Framework on June 8, 2020, to support re-building the Milpitas economy. The City Council reaffirmed its commitment to their Economic Development and Job Growth priority by dedicating financial aid for business resiliency and recovery through the Small Business Assistance Grant Program, Financial Assistance to Hotels, Main Street Revitalization (Business Improvement District Feasibility Study and Storefront Improvement Grant Program), Workforce Development, Financial Assistance to Chamber of Commerce, Catalytic Converter Theft Deterrent Program, and two-year limited term Economic Development Specialist to implement the Office of Economic Development’s ARPA funded programs and initiatives.
ANALYSIS:
The Office of Economic Development’s vision is to preserve and enhance Milpitas’ business climate to ensure the City is fiscally stable to provide essential services and partners with the community in its commitment to improve quality of life. The Office of Economic Development reprioritized its mission to assist the business community with resiliency and recovery efforts during COVID-19. However, the overall mission remains which is to provide services and resources to the business and development communities with the purpose of attracting, retaining, and expanding business and employment opportunities for area residents, stimulating the local economy, and enhancing local retail sales, transient occupancy and commercial property tax bases while maintaining a positive balance between growth, social equity, and Milpitas’ economic vitality.
181
Item # 13.
The previous 2.5 years has been a period of unprecedented economic uncertainty, but the Economic Development Strategy was developed with strategies and implementation actions expected to stabilize and grow the Milpitas economy as the City and region recover from the economic impacts of the pandemic.
The purpose of this agenda item is to provide the City Council with an update and accomplishments associated with the ARPA Economic Vitality Investment Framework and the Economic Development work plan.
American Rescue Plan Act (ARPA)
Cities can use ARPA funds to address the negative economic impacts caused by the pandemic. The City Council resolved to invest ARPA funds to aid Milpitas residents and businesses with a focus on community benefits. The update on ARPA’s Economic Vitality Investment Framework concentrates on the Small Business Assistance Grant Program, Financial Assistance to Hotels, Main Street Revitalization (Business Improvement District Feasibility Study and Pilot Storefront Improvement Grant Program), Workforce Development, Financial Assistance to the Chamber of Commerce, Catalytic Converter Theft Deterrent Program, and the two-year limited term Economic Development Specialist hired. In addition, an update on the non-ARPA funded COVID- 19 Workforce Recovery Program can be found below under the Workforce Development heading.
A summary of these updates and accomplishments can be found below:
Small Business Assistance Grant Program: Over 370 applications received, and 343 small businesses were deemed eligible for grants. 276 small businesses received grants of $5,000 ($1,380,000) and 67 businesses that applied will receive $1,700 grants (343 total business). The remaining 67 businesses are expected to receive funding during the week of August 15th. Staff issued a Small Business Assistance Grant Survey and received approximately 109 responses. Survey results indicate that 95.5% of grantees stated that they are very satisfied with the grant program and 99.1% declared that the grant helped their business. More survey results will be shared via a presentation at the City Council meeting on August 16th.
Financial Assistance to Hotels: Staff initially received 15 grant applications out of 20 hotels in Milpitas. Two hotels rescinded their grant applications and the City proceeded with processing 13 grant awards of $10,000 each. The remaining $70,000 was re-appropriated to the Small Business Assistance Grant Program. Staff issued a Hotel Grant Survey during the week of August 8th which is still open. Survey results will be shared with the City Council at the future ARPA Quarterly Report Update.
Main Street Revitalization:
Business Improvement District (BID) Feasibility Study consists of $75,000 of ARPA funding to be used for the BID feasibility analysis, technical support for property and business owners on Main Street and will guide the formation of a BID and required Engineer’s Report. Staff is developing the Scope of Work for a Request for Proposal (RFP) which will be issued soon. Pilot Storefront Improvements Grant Program is funded through $300,000 of ARPA dollars.
Detailed information on the Pilot Storefront Improvement Grant Program can be found below.
Workforce Development:
Milpitas Youth Force Program led by the Recreation and Community Services Department has successfully concluded the collaborative 8-week summer work program where 15 teenagers received training, transportation support, a work attire stipend, paid minimum wage for on-the-job experience, and weekly mentorship. Economic Development staff recruited various businesses to participate in the program including FalconX, Spring Valley Golf, InternMart, bitWise, etc. First 5 Santa Clara County has recruited for their Quality Matters Early Learning Teacher Apprenticeship Program and hosted an informational session on May 16, 2022. The Quality Matters Early Learning Apprenticeship Program launched on August 13, 2022. The City of Milpitas is the only city in Santa Clara County to provide funding for this 22-month program benefitting families. 182
Item # 13.
Rising Sun Center for Opportunity is conducting Youth Recruitment Initiatives to enroll in their Green House Calls Program including Milpitas High School and Calaveras Hills High School via the College and Career Center and a meeting with the Milpitas Chamber of Commerce. Rising Sun is having conversation with the Public Works Department on a potential collaboration on the Climate Careers Externship Program.
Build It Green launched the Certified Green Building Professional Training on August 9, 2022.
Building professionals will develop an understanding of fundamental green building principles and learn holistic approaches to designing and building healthy, cost-saving, and environmentally friendly homes. Graduates of this course will earn a professional certification that demonstrates their knowledge and credibility in this fast-growing, in-demand sector. Evergreen Valley College will enroll Milpitas residents into the Amazon Cloud Practitioner Program. Amazon Web Services Cloud Practitioner Program is a 4-class series in cloud-based computing, emerging technologies, and clean technology in which residents will receive an industry recognized certification for skills enhancement. Staff has had a proactive dialogue with Amazon Web Services representatives on a potential workforce partnership. Milpitas COVID-19 Workforce Recovery Program (General Fund):
• Staff initiated this non-ARPA funded program in response to the unprecedented unemployment hike at the beginning of the pandemic in order to assist residents with obtaining skills necessary to compete for quality jobs in Milpitas. The Milpitas MyPlan Program was funded through the Office of Economic Development’s budget at a cost of $40,000 in partnership with NOVAworks. • The Milpitas MyPlan Program, developed by NOVAworks, included two phases and cohorts.
Phase 1 explored practical solutions for workforce training opportunities through a needs assessment process focused on surveys and interviews. Phase 2 focused on implementation of recommendations from the first phase. Project deliverables included customized workforce training workshops, assessments, career navigation and career counseling for Milpitas unemployed and underemployed workers and young adult learners, as well as identifying the types of upskilling needed for Milpitas-based businesses impacted by COVID-19. • A total of 25 Milpitas residents completed the successful MyPlan program in winter/spring 2022.
Catalytic Converter Theft Deterrent Program:
• Staff from the City Manager’s Office City Attorney’s Office, Police, Information Technology, Finance, Recreation and Community Services, and Economic Development have been working closely to launch a crime prevention program to deter catalytic converter theft while providing financial assistance to local automotive businesses that have been impacted by the pandemic.
The program is funded by ARPA at $200,000 and expected to commence in October 2022. The program will operate for a limited term of 3 months.
Staff have already conducted outreach to several automotive businesses to share information about the impending grant program and to obtain feedback regarding program overview, business interest, type of catalytic converter protection, proposed voucher amount, and reimbursement timeframes. Staff will be conducting extensive outreach to businesses and residents, with focused outreach to groups such as seniors, low-income households, and Milpitas Assistance Program participants.
Economic Development Specialist:
• An Economic Development Specialist was hired in October 2021 to implement the ARPA Economic Vitality Investment Framework on behalf of the Office of Economic Development.
The ARPA funded position is limited term for 2 years and the staff person has been leading all of the ARPA funded projects.
Financial Assistance to the Chamber of Commerce:
• Staff has guided the Chamber of Commerce for many months on submitting the ARPA application to include key deliverables, performance metrics, and application completion. • At the August 9, 2022 City Council meeting, staff was directed to wait on disbursing funds until the City Council has received and reviewed the Chamber’s Financial Reports for a 12-month period to ensure that the funds are used responsibly, a Work Plan for the Art and Wine Festival scheduled for spring 2023, and information on how the ARPA funds will be used overall. 183 Item # 13.
Pilot Storefront Improvements Grant Program
With City Council’s approval, the Office of Economic Development launched the Pilot Storefront Improvement Grant Program with $50,000 from the Community Benefit Fund. The Pilot Program’s purpose is to improve the appearance of commercial storefronts to encourage economic vitality, enhance business marketability, increase property values, and attract residents, visitors, and new businesses to the enhanced business district.
The Pilot Program is designed to benefit businesses located on Main Street and be a catalyst for future investment in the downtown and Main Street Revitalization. Eligible improvements include, but are not limited to paint, lighting, signage, awnings, windows, outdoor seating/dining, landscaping, benches, and historic architectural features.
The property owner of 167 and 187 South Main Street, where Red Chillies and The Best Sandwiches are located, submitted the Pilot Program’s first application in August 2021. There is a current proposal to design and build a shared outdoor dining area between the two restaurants to create a festive and safe destination to dine outdoors during the pandemic and beyond. Staff has met several times with the business and property owners, Architect, and other City staff from Planning, Building Safety, and Fire Departments to analyze the site and work through any anticipated issues. Preliminary drawings have been prepared and staff has met to collaborate on solutions for meeting minimum parking and accessibility requirements.
The Planning Department is currently developing a draft Outdoor Dining Ordinance and expects to present a draft of the ordinance to the Planning Commission in September for a recommendation to the City Council. The City Council will subsequently review the draft ordinance for adoption in October. The proposed Outdoor Dining Ordinance will include language consisting of a 50% parking reduction for restaurants in the MXD Mixed-Use Zone, which includes all parcels along South Main Street, as well as mixed-use areas within the boundaries of the Transit Area Specific Plan (TASP), which are designed to promote pedestrian activity. The draft ordinance will also propose a 25% parking reduction in other commercial and mixed-use areas throughout the city in conjunction with eligible outdoor dining. This proposed Outdoor Dining Ordinance would allow a needed parking reduction to accommodate the current design and build out of a shared outdoor dining area with seating for up to 48 people between Red Chillies and The Best Sandwiches.
In addition, staff continues to market the ARPA funded Storefront Improvement Grant Program, which is funded in the amount of $300,000. Storefront Improvement Grant Program applications, under the ARPA funded program, have been received by Seema Beauty Salon, Bombay Chaat House, Gurus of Dance, Milan Indian Cuisine, SG Inc. CPA, and Maggie’s Beauty Max. These applications are currently being reviewed.
The completion of the abovementioned Storefront Improvements projects will help create placemaking and the pedestrian-scale appeal that is desired along Main Street for economic vibrancy.
Economic Development Work Plan
Staff will present on Economic Development projects, programs, and initiatives that includes day-to-day services provided to the business and development communities including COVID-19 assistance, business retention, expansion and attraction, permit assistance, entrepreneurship, real estate transactions/asset management, etc. A summary of these updates and accomplishments can be found below:
Business Attraction: staff has facilitated permit assistance and provided various resources to attract, retain and expand business and investment opportunities in Milpitas.
Tasman Tech Center
• MKS Instruments – Measuring and controlling device firm has moved from Santa Clara to Milpitas and is occupying 102,000 square feet. Building permit fees total $157,361.80 • SMART Modular Technologies - Global leader in specialty memory, storage and high- performance computing solutions serving the electronics industry for over 30 years has moved from Newark and is occupying 22,000 square feet. Building permit fees total $41,669.07. 184
Item # 13.
• cPacket Networks - Leading provider of intelligent observability for hybrid-cloud and multi- cloud networks has moved from San Jose and is occupying 13,000 square feet. Building permit fees total $29,615.79.
• Socionext - One of the world’s leading fabless SoC (System on a Chip) suppliers has moved from Santa Clara to Milpitas and is occupying 34,000. The estimated construction cost for tenant improvements is $810,000. Building permit fees total $53,640.16. Park Point Tech
• Corsair Gaming – Gaming hardware firm has moved from Fremont into Milpitas and will occupy 118,000 square feet and employ approximately 500 people. The City’s sales tax consultant has shared that similar types of businesses may generate enough sales tax revenues to be ranked anywhere between the top 25 to 35 top sales tax generators in Milpitas.
Building permit fees total $143,579.05.
• BD Biosciences – One of the world’s largest medical device makers has selected Milpitas and is expanding their footprint by 240,000 square feet. They are expected to employ 800 people.
Business Resources: staff has provided various business resources to assist with COVID-19 resiliency and recovery efforts as well as day-to-day customer service and operations to improve the local economy.
NorCal Small Business Development Center (SBDC)
• Staff has partnered with the NorCal SBDC to provide critical information and resources to assist businesses through hosted webinars. A total of 7 webinars have been completed consisting of various topics:
COVID-19 & the Next 30 days of Your Business!
Small Business Financing
PPP, EIDL, SBA Debt Relief, etc.
Business Resiliency & Retooling
Restaurant Revitalization Funds
Debt Management
Credit Restoration
Community Development Roundtable (CDR)
• CDR – In partnership with the City Manager’s Office, staff has hosted meetings with Real Estate Brokers, Developers and industry leaders with the purpose of developing relationships, thought leadership, and advocacy on various Community Development topics through the City Services Areas (CSA) program. Topics discussed recently include the Objective Design Standards, Housing Element, Metro Specific Plan, Gateway/Main Street Specific Plan, Climate Action Plan, Vehicle Miles Traveled Policy, Workforce Development, Fiscal Benefits of Employment Lands Study and the Innovation District.
Regional, State and National Leadership: staff continues to expand its Economic, Community and Workforce Development presence at different levels, which enhances the work plan’s programs, initiatives, and projects and has increased brand awareness, credibility, expertise, and leadership in these fields.
Santa Clara County Economic Support Function Team – as a regional team member, staff wrote “Surviving the Pandemic and Building Resilient Hotel and Travel Industries in Silicon Valley: A Guide for Local Government and Industry Leaders,” which prompted the establishment of the Reconnecting Silicon Valley (RSV) Taskforce made up of regional City representatives and private sector leaders in the hotel and travel sectors. Staff has received information from an Economic Development industry organization that it is a top contender for an award related to the development of the Report and establishment of RSV and its positive regional impact on these industries. The industry organization will publicly divulge winners at the annual conference and via press release on September 20, 2022. Silicon Valley Economic Development Alliance (SVEDA) – staff is a member of SVEDA through Joint Venture Silicon Valley, which addresses regional economic, community and workforce development issues collectively and convenes public and private resources to ensure the success of businesses in Silicon Valley.
185
Item # 13.
ICSC - Community Advancement Co-Chair – as the Public Sector Co-Chair, staff developed a successful retail panel for the ICSC Monterey Conference (March 2022), which consisted of City Manager Steve McHarris, Planning Director Ned Thomas, Lyon Living Development Manager (Retail) Thomas Rubio and moderated by President of Retail Pacific Carol Therien. Staff is leading conversations on the development of the SVEDA/ICSC Conference scheduled for November 2022. Stanford University – Urban Studies – the Office of Economic Development has partnered with Urban Studies faculty on the Milpitas Microenterprise Grant Program and Innovation District. Students have researched, surveyed, and developed reports on these subject matters and have been presented to the Economic Development and Trade Commission.
SelectUSA Economic Summit – Go-Biz – the Office of Economic Development was selected to join Go-Biz (Governor Newsom’s Office of Business and Economic Development) as part of the California delegation at the SelectUSA Economic Summit held in Washington D.C. in June 2022. This initiative resulted in engagement with international businesses and highlighted local and statewide opportunities.
FISCAL IMPACT:
There is no fiscal impact associated with the Office of Economic Development’s update on programs and initiatives as well as the ARPA Economic Vitality Investment Framework update.
California Environmental Quality Act (CEQA):
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 as this action has no potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The City Council update is also exempt from CEQA under Guideline 15306 as basic data collection and research does not cause or result in a serious or major disturbance to an environmental resource.
RECOMMENDATION:
Receive Economic Development and American Rescue Plan Act (ARPA) Economic Vitality Investment Framework Update.
Attachment(s):
186
Item # 13.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Receive Progress Report on the Work Completed from Raimi and Associates and City Staff on the Milpitas Residential and Mixed-Use Objective Design Standards, Discuss Project Objectives and Priorities, and Provide Feedback on the Public Draft (Staff Contact: Ned Thomas, Planning Director, 408-586-3273 and Jay Lee, Principal Planner, 408-586-3077).
Category: Community Development
Meeting Date: 8/16/2022
Recommendation: Receive progress report on the work completed from Raimi and Associates and City staff on the Milpitas Residential and Mixed-Use Objective Design Standards, discuss Project objectives and priorities, and provide direction on the Public Draft.
Background:
Although there are design guidelines for the City’s two specific plan areas, broader citywide design guidelines for new development currently do not exist. Furthermore, recent state legislation (e.g., SB330, SB35) requires design guidelines to be objective and quantifiable for residential projects and mixed-use projects with at least two-thirds of the square footage designated for residential use. Therefore, the City is preparing the Residential and Mixed-Use Objective Design Standards (“Objective Design Standards”) to streamline housing approvals and accelerate housing production by providing clarity and certainty in design decisions and to eliminate unnecessarily burdensome review in the permitting process.
The Objective Design Standards will provide clear and implementable design criteria for all new residential and applicable mixed-use developments throughout the City to meet the new state requirements. The Objective Design Standards will also help ensure compliance with SB 35, which stipulates that qualifying multi-family residential projects meeting certain criteria may request a streamlined ministerial approval process.
On June 16, 2020, the City Council authorized acceptance of a $310,000 grant from the California Department of Housing and Community Development (HCD) through the State’s Planning Grant Program, which is funded by Senate Bill 2 (SB 2), also known as the Building Homes and Jobs Act. City Planning staff is using the grant funding to create land use and zoning tools to streamline housing approvals, comply with State legislation, and support the state’s goal of addressing critical housing needs. Developing the Objective Design Standards is one of three key tasks being funded as part of this effort.
In October 2020, following a competitive Request for Qualifications (RFQ) process, the City selected Raimi and Associates to complete the Objective Design Standards. The work completed thus far is summarized below.
1. Existing Conditions and Best Practices Memo: The consultant reviewed existing multifamily and mixed-use zoning regulations, researched best practices, and provided recommendations based on this research and analysis.
2. Community Outreach: The consultant prepared a public-facing fact sheet that describes State regulations, the need for objective design standards, and project goals. The consultant and City staff also hosted a series of working sessions with City staff from various departments involved in the development review process to ensure that the Objective Design Standards support the City’s fire, building, land development, and transportation requirements. The project team also conducted a series of stakeholder meetings with key developers who have built housing projects in Milpitas, the 187
Item # 14.
Community Development Roundtable, and the Milpitas Involved Citizens to receive preliminary feedback on the Objective Design Standards.
3. Framework Plan and Site Tests: The consultant developed a Framework Plan that identifies the topics and organization of the Objective Design Standards. The consultant then “tested” the draft design standards and concepts in the Framework Plan by applying them to several sites throughout the City and creating 3D models to show what new developments would look like under the proposed standards. These site tests ensured that the Objective Design Standards would be feasible and effective in actual development scenarios.
4. Draft Objective Design Standards: Based on public input received and results of the site tests, the consultant prepared an Administrative Draft of the Objective Design Standard for internal review.
Following staff review of the Administrative Draft, the consultant revised the Administrative Draft and published a Public Draft in a web-friendly format for review by the general public. The Public Draft was posted on the Planning Department webpage on July 19th and will be available for public comment through August 20th. The public comment period was announced through an email blast, an online public forum, the City’s social media platforms, and electronic signs at City Hall.
Analysis:
A brief overview of the Existing Conditions and Best Practices Memo, public input received, and Public Draft Objective Design Standards is provided below.
Existing Conditions and Best Practices Memo
The key findings of the Existing Conditions and Best Practices Memo are outlined below:
Existing Regulations: The City of Milpitas does not have consistent objective design standards across its various regulatory documents. The City’s two specific plans provide design guidelines for the areas within the plan boundaries, but the design guidelines are subjective and found in multiple locations. The General Plan also provides various policies that provide general design guidance for multifamily and mixed-use residential projects.
Organization and Structure: Objective design standards are typically organized by: (1) topic, (2) land use and building typology, (3) design principle/goal, or (4) area (i.e., neighborhood). Each approach has its strengths and weaknesses, but the most common practice is to combine two or more of these approaches.
Flexibility in Design: A good set of objective design standards should strive to balance flexibility and prescriptiveness. A variety of strategies can be used to achieve this balance including: (1) menu of options to choose from to meet the intent of the standard, (2) point-based system requiring projects to attain a minimum score, (3) organization into building typologies allowing applicants to determine which classification is most appropriate for their projects, and (4) location-specific standards that consider the unique characteristics of each area.
Community Feedback
The feedback received through the staff working sessions and stakeholder meetings is summarized below:
Existing design guidelines are largely outdated, featuring design practices that are no longer relevant or contemporary, and subjective, resulting in confusion on the part of both applicants and staff. Requiring ground floor retail for mixed-use projects in areas where it may not be financially feasible constitutes a hurdle for applicants. Emphasize building form over use. Maximum buildings heights and allowed density are in conflict. The maximum building height is often too low relative to the allowed density.
Satisfying fire and public safety standards sometimes has been cumbersome, especially when attempting to satisfy stairwell, utility, and emergency vehicle access requirements. Regulate buildings based on typologies that can be reasonably expected to appear in Milpitas and implement design standards that are consistent with the building code. The biggest benefit of objective design standards is a streamlined review process and the elimination of negotiating between the applicant and staff regarding subjective design guidelines. While clear standards are desired, maintaining some level of flexibility to encourage variations in design is needed for significant façade breaks, upper floor step backs, and façade treatments.
188
Item # 14.
Refer to the Existing Conditions and Best Practices Memo for a detailed overview of the feedback received.
Public Draft Objective Design Standards
The background research and analysis and feedback received from staff, developers, and community members have informed the organization and content of the Public Draft Objective Design Standards. Below is an overview of the Public Draft Objective Design Standards and a description of the key design standards.
GP Implementation
The Objective Design Standards support and implement many General Plan policies in the Land Use, Circulation, and Community Design Elements. A few of the policies are below:
LU-5: Ensure that new development is compatible with existing development in order to maintain a high quality of life for residents, while supporting successful business operations. CD-1: Strengthen Milpitas’ identity and sense of place by reinforcing the community’s distinctive, high- quality community form, natural landscape, and character. CD-2: Ensure project designs reinforce a sense of place, display design excellence, and are cohesive and sensitive to the surrounding built environment and natural landscape. CD-10: Design buildings, sites, and streets to enhance pedestrian and bicycle mobility. CD-11: Enhance Milpitas’ commitment to sustainable design by minimizing negative environmental impacts and utilizing resources efficiently.
Relationship to the Zoning Ordinance
The Objective Design Standards complement the City’s Zoning Ordinance (Milpitas Municipal Code, Title XI, Chapter 10) by providing detailed architectural and urban design standards that supplement the City’s zoning and general development standards to facilitate high-quality, attractive developments. While the Zoning Ordinance provides basic development standards that determine the overall scale of development (e.g., uses permitted, lot size, density, setbacks, and building height), the Objective Design Standards provide detailed requirements for how buildings should be designed (e.g., massing breaks, façade composition, and building materials).
Organization and Overall Strategy
The primary goals of the Objective Design Standards are to preserve the character of existing neighborhoods, encourage human-scaled buildings, promote high quality site and building design, and emphasize a pedestrian-oriented environment.
To accomplish these goals, the Objective Design Standards utilize a holistic approach that works across scales from urban scale strategies to fine grained architectural strategies. The Objective Design Standards first address site planning and site design, covering topics like block structure, building orientation, open space and landscaping, and access/parking. The next set of standards address building massing and form, covering topics like building lengths and upper floor mass reductions. Then the standards address façade modulation, providing requirements for major and minor breaks in the building façade. Finally, the standards conclude by addressing façade articulation and open space design, covering topics like establishing a base/middle/top, awnings and canopies, window design and pattern, building materials, and open space dimensions.
The Objective Design Standards also strive to balance objectivity with flexibility by establishing unique requirements for each building type, addressing special circumstances, and providing multiple options for compliance. Furthermore, the Objective Design Standards establish a clear process for requesting and approving minor exceptions and exemptions. Applicants may request up to three exceptions/exemptions but must demonstrate that the project meets the purpose and intent statement of each topic where the exception/exemption is requested and that there are valid constraints to meeting the standard. Otherwise, the applicant may choose to go through the typical discretionary approval process.
Key Design Standards
The key design standards are summarized below:
Site Planning
189
Item # 14.
The maximum block length is 400 feet and the maximum block perimeter length is 1,400 feet. Blocks exceeding these thresholds require a midblock connection with public access that meets minimum standards. Types of allowed midblock connections include a public street, private street, shared street (between pedestrians and vehicles), and paseo/pedestrian path. (pg. 9-14) Accessible open spaces must be equal to or greater than 5 or 10 percent of the lot area depending on the average building height. (pg. 15-16)
Site Design
Sidewalks must meet the prescribed minimum dimensions. (pg. 18) Primary building frontages must face a public sidewalk or publicly accessible pathway. (pg. 19) Off-street parking is prohibited between the building and street. (pg. 25) A minimum of 15 percent of the total off-street open parking area must be landscaped with a mixture of trees, shrubs, ground cover, and other plant material. (pg. 28) For buildings greater than 2 stories in height in lower density residential areas, no portion of the building can be within a 45-degree daylight plan measured perpendicularly from the shared rear property line from a height of 10 feet for the full length of the property line. (pg. 33)
Building Design
Buildings cannot exceed 380 feet in length or width and buildings with 6 or more stories must reduce the upper floor mass through one of the two options provided. (pg. 44-45) Buildings must provide a major façade break at least every 150 feet of building length and a minor façade break at least every 100 feet of building length. Each façade break must meet the prescribed minimum dimensions. (pg. 45-48)
Buildings must use a different façade composition every 100 feet in length. Each façade composition must include a variation in at least two of the following: building modulation, façade articulation, fenestration, and materiality. (pg. 49-50)
Buildings 3 stories or taller and a building length greater than 50 feet must be designed to provide a distinct base, middle, and top on all exterior facing facades. (pg. 51-52)
Next Steps
Following the Planning Commission study session, the consultant and City staff will present the Public Draft Objective Design Standards to the City Council for feedback and continue to receive public input through the end of the public comment period. The project team will then review all the feedback received, revise the Public Draft, and prepare the Final Objective Design Standards. The project team will return to the Planning Commission and City Council with the Final Objective Design Standards for adoption through public hearings.
Fiscal Impact:
This is an informational item. As such, there is no fiscal impact.
California Environmental Quality Act:
The Objective Design Standards will be exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) and as a separate and independent basis Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning). The Objective Design Standards will provide architectural and urban design standards, which will not allow more development than what is currently allowed in the City’s Zoning Ordinance. Therefore, the project has no potential to result in significant environmental impacts.
Recommendation:
Receive progress report on the work completed from Raimi and Associates and City staff on the Milpitas Residential and Mixed-Use Objective Design Standards, discuss Project objectives and priorities, and provide direction on the Public Draft.
Attachments:
1. Existing Standards and Best Practices Memo
2. Public Draft Milpitas Residential and Mixed
190
Item # 14.
Milpitas Objective Design Standards: Technical Memo – Existing Standards & Best Practices raimi + associates | 1
Milpitas Objective Design
Standards: Technical Memo
Existing Standards &
Best Practices
April 16, 2021
191
Item # 14.
Milpitas Objective Design Standards: Technical Memo – Existing Standards & Best Practices raimi + associates | 2
Technical Memo – Existing Standards & Best Practices
Table of Contents
I. Introduction + Purpose 3
Key Takeaways ................................ ................................ ................................ ................................ ................ 3 II. Documents Overview + Applicability 3 A. General Plan 2040 (August 2020 Draft) ................................ ................................ ................................ . 4 B. Zoning Ordinance ................................ ................................ ................................ ................................ .... 5 C. Specific Plans ................................ ................................ ................................ ................................ ............ 5 D. Other Documents ................................ ................................ ................................ ................................ ..... 6 III. Existing Regulations: Strengths & Weaknesses 6 A. Zoning Ordinance ................................ ................................ ................................ ................................ .... 6 B. Transit Area Specific Plan (2011) ................................ ................................ ................................ ............ 8 C. Midtown Specific Plan (2010) ................................ ................................ ................................ .................. 9 D. Streetscape Master Plan (2000) ................................ ................................ ................................ ........... 10 E. Fire Code Interpretation ................................ ................................ ................................ ....................... 11 IV. Staff & Community Feedback 11
A. Staff Feedback ................................ ................................ ................................ ................................ ....... 11 B. Community Feedback ................................ ................................ ................................ .......................... 12 V. Best Practices 14
A. Organization & Structure ................................ ................................ ................................ ...................... 14 B. Flexibility in Design ................................ ................................ ................................ ............................... 20 VI. Appendix 27
A. General Plan 2040: Goals & Policies ................................ ................................ ................................ ... 27 B. Best Practices Research ................................ ................................ ................................ ........................ 35 C. Staff Feedback: Notes ................................ ................................ ................................ ........................... 36
192
Item # 14.
Milpitas Objective Design Standards: Technical Memo – Existing Standards & Best Practices raimi + associates | 3
I. Introduction + Purpose
Development of residential multi-family projects and mixed-use projects in the City of Milpitas is currently regulated by a number of documents and policies. These regulatory documents include the City’s General Plan (ongoing update in draft form), Zoning Ordinance, two specific plans, and other key ordinances and documents.
As an introductory exercise for the Objective Design Standards (ODS) effort, this memo is divided into two parts. First is a high-level summary of the city’s current regulatory language as it applies to design regulations for multi-family and mixed-use projects, and feedback from practitioners and city staff utilizing these documents. Second is a compilation of precedents and best practices of objective design standards, organized under several key topics that may later serve as a basis for the framework plan or specific objective standards.
Key Takeaways
• Existing Regulatory Documents: The City of Milpitas does not contain consistent objective design standards across its various regulatory documents. Design standards and guidelines appear in the zoning code, two specific plans, the recent draft general plan, and additional documents such the Streetscape Master Plan. The content, structure, and level of clarity vary significantly, presenting both reviewers and applicants with a challenging range of design considerations that will need to be addressed.
• Staff and Community Feedback: Conversations with city staff and local developers and designers have revealed several weaknesses in the existing regulations as they apply to the design of individual projects, and their subsequent review. Topics such as vehicular circulation, waste removal, utilities, and building massing emerged as areas where the regulations are in need of improvement. The preparation of objective design standards was universally supported.
• Best Practices Research: Objective design standards appear in a broad range of documents and contexts. Dozens of examples were reviewed and analyzed to identify successful precedents for organization, content, diagrams, and structure. These best practices will inform the direction of the subsequent Framework Plan.
• Next Steps: Several ongoing efforts including the general plan update, and updates to both specific plans represent immediate opportunities to introduce objective design standards to crucial regulatory documents. The ODS team will engage directly with these other projects in the coming months.
II. Documents Overview + Applicability
Objective design standards will be applied throughout the City of Milpitas’ regulatory documents wherever matters of building form and site design are concerned for multifamily and mixed-use residential projects. Objective design standards are mandated by state laws (California State Senate Bills 35 and 330 in particular), which require individual jurisdictions to revise any instances of subjective language in favor of objective language that:
“[Involves] no personal or subjective judgement by a public official and is uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal of an application.” California State Senate Bill 330 (Section 66300.7)
193
Item # 14.
Milpitas Objective Design Standards: Technical Memo – Existing Standards & Best Practices raimi + associates | 4
At present, development standards and design guidance appear in the zoning ordinance, specific plans, and other guiding documents like the General Plan, Streetscape Master Plan, Housing Element, and Climate Action Plan. Although the degree of detail, specificity, and subjectivity varies considerably across these policies, the City is responsible for developing a new and consistent set of objective standards that are uniformly understood and accessible to both project applicants and internal reviewers. These policies include the following:
A. General Plan 2040 (August 2020 Draft)
The City is currently undergoing an update to the General Plan. The Draft General Plan will be used to guide the development of the objective design standards. The General Plan includes the following sections that provide design guidance for development of multifamily and mixed -use residential projects:
• LU-2: Promote land use objectives and development patterns in special planning areas consistent with adopted specific plans, overlay districts, and density bonus provisions. • LU-5: Ensure that new development is compatible with existing development in order to maintain a high quality of life for residents, while supporting successful business operations. • LU-6: Support commercial centers that serve residential neighborhoods and provide for a variety of convenient, successful and attractive commercial uses throug hout the city.
• CIR-1: Provide a transportation system that efficiently, Equitably and effectively supports the City’s land use vision, minimizes vehicle miles traveled (VMT), enhances connectivity of the existing network, and supports the use of all modes of transportation • CIR-2: Provide safe, healthy, comfortable, equitable and efficient transportation choices for all modes of transportation that enable people of all races, cultures, ethnicities, religions, sexual orientation, genders, income levels, ages and abilities, especially people of color and those disproportionately affected by access to a personal vehicle, systemic transportation inequities, racism, oppression, and poverty to increase safe physical activity, reduce usage of personal vehicles, access goods and services, employment opportunities, and for personal travel; to provide for efficient goods movement.
• CIR-4: Promote, provide, and maintain an expanded, safe, convenient and comprehensive network of facilities for pedestrians and bicyclists of all ages and abilities to support walking and bicycling as viable modes of transportation, for recreational use, and to promote public health
• CD-1: Strengthen Milpitas’ identity and sense of place by reinforcing the community’s distinctive, high-quality community form, natural landscape, and character • CD-2: Ensure project designs reinforce a sense of place, display design excellence, and are cohesive and sensitive to the surrounding build environment and natural landscape • CD-3: Maintain and enhance the character and distinct identities of Milpitas’ residential neighborhoods and commercial, mixed-use, and employment districts. • CD-4: Enhance the existing character and strengthen the identity and unique qualities of Milpitas’ districts.
• CD-5: Provide appropriate transitions between land uses to avoid conflicts and perpetuate the community’s harmonious character
• CD-6: Enhance the corridors, pathways, and edges that form physical boundaries and provide transitions and connections throughout the community.
• CD-9: Enhance the quality and character of Milpitas’ Public Spaces to provide safe, comfortable, and enjoyable passive and active recreation opportunities for all users. • CD-10: Design buildings, sites, and streets to enhance pedestrian and bicyc le mobility. • CD-11: Enhance Milpitas’ commitment to sustainable design by minimizing negative environmental impacts and utilizing resources efficiently. 194
Item # 14.
Milpitas Objective Design Standards: Technical Memo – Existing Standards & Best Practices raimi + associates | 5
The draft General Plan includes dozens of additional policies relating to building design. The goals and policies essentially function as a complete set of design guidelines for future development. The policies cover a range of topics from streetscape character, site design, circulation, building form, transitions, pedestrian entries, open space and other architectural details. The policies are a mix of general and very specific design guidance.
A complete list of applicable policies can be found in VII. Appendix.
B. Zoning Ordinance
The current zoning ordinance does not include a dedicated chapter to design standards. Rather, design standards appear in several different sections, each with varying levels of specificity and subjectivity. These sections include:
• Section 4. Residential Zones and Standards
• Section 6. Mixed Use Zones and Standards
• Section 8. Planned Development Zones and Standards
• Section 11. Specific Plan Areas
• Section 12. Overlay Districts and Standards
• Section 13. Special Use
Please note that single-family residential projects will not be addressed under the scope of this objective design standards project. Consequently, Single Family Residential (R1) Zone regulations will not be addressed. In addition, this memo does not address with the following topics:
• Accessory uses, buildings, and structures (XI-10-13.05) • Manufactured Homes (XI-10-13.07)
• Temporary Uses and Structures (XI-10-13.11)
• Single Room Occupancy Residences (XI-10-13.13)
C. Specific Plans
There are two specific plans that uniquely regulate portions of the city:
• Midtown Specific Plan (2010) (update pending)
*Also referred to in other maps and documents as the Gateway-Main Street Specific Plan • Milpitas Metro Specific Plan (2011) (update pending)
*Also referred in other maps and documents as the Transit Area Specific Plan and Milpitas Commercial Specific Plan
Additional regulations including base zones associated with these specific plans also appear in the zoning ordinance:
• Section 11. Specific Plan Areas
These specific plans represent unique areas of influence within the City of Milpitas and feature un ique and individual sets of development requirements and criteria. As the Metro Specific Plan is currently undergoing an update and the Midtown Specific Plan expected to begin its own update in the coming months, the work of this objective design standards project will be complimentary yet independent.
The expectation is that each specific plan update will be individually responsible for updating its design guidelines and regulations to feature clear and objective design standards . The special design standards may be additive to Objective Design Standards as needed or may be stand-alone in each document. Opportunities for integration will be part of the ODS Framework Plan. 195
Item # 14.
Milpitas Objective Design Standards: Technical Memo – Existing Standards & Best Practices raimi + associates | 6
With whole-scale changes expected in each plan update, this memo does not analyze the two existing documents in detail.
D. Other Documents
While state law is explicit in its direction that objective design standards must be integrated wherever multi-family development is regulated, there are several ancillary documents that should also be considered:
• Streetscape Master Plan (2000)
• Climate Action Plan (2013)
• Housing Element (2015)
These documents do not engage directly with the form, orientation, or placement of individual buildings and are therefore less immediately applicable to an objective design standards effort.
However, they do contain relevant language particularly as it relates to site design and context. It is essential that all objective design standards align with the stated goals of overarching regulatory documents, in particular the city’s general plan.
In addition to these documents there are other departmental reviews that should be coordinated with the future Objective Design Standards. Public Works, Building, and Fire each review project application based on design standards and guidelines specific to their topic of review, some that involve a great deal of subjectivity and interpretation of code elements.
III. Existing Regulations: Strengths &
Weaknesses
Design guidelines, in some form, are currently scattered throughout the many regulatory documents.
For the purposes of this memo, the guidelines have been condensed into broader topics and key categories that are shared across both multi-family and commercial/mixed-use development. These topics are further categorized into areas of strength that would require more minimal improvements to obtain objectivity, and areas of weaknesses which lack objective language and would require significant alterations and revisions.
A. Zoning Ordinance
Strengths
• Fences and Walls: Currently regulated in under the zoning ordinance’s General Provisions, the language currently features a number of specific, objective standards related to material, height, and placement. It is helpful that these regulations also distinguish residential versus non-residential contexts and applications.
o Example Language: XI-10-54.10.C.1 Height Limitations. Fences and walls shall not exceed six (6) feet in height at the rear and side yards, and forty -two (42) inches in height at the front yard.
• Ground Floor Commercial Design: Design standards specific to ground floor spaces appear only once, under the Transit Oriented Development Overlay District section (XI -10-
12.06.E.6.c). Much of the existing content represents a good starting point, as it already features some clear and objective language. These standards should be expanded upon, as they are currently limited strictly to parcels zoned R-5, within the TOD Overlay area. 196
Item # 14.
Milpitas Objective Design Standards: Technical Memo – Existing Standards & Best Practices raimi + associates | 7
o Example Language: XI-10-12.06.E.6.c Windows. At least sixty (60) percent of the ground floor wall area between three (3) and eight (8) feet above the sidewalk shall be glass or other transparent material
• Planned Development: As the code features quite stringent definitions for developments that are eligible for Planned Development designation, it is unlikely that the language requires significant revisions to be made objective. However, as the development standards default to the requirements of the zone that is “most similar in nature,” this section will naturally benefit from revisions to the Mixed-Use regulations. As individual applicants voluntarily submit proposals under Planned Development designation, this section will need to provide objective findings of consistency for evaluation of projects. In addition, the applicable standards and relevant criteria that exist in other sections of the code will need to be made objective. • Usable Open Space: Usable open space requirements are regulated uniquely for each residential zone, with the language typically including both landscape/planted areas as well as built spaces such as patios. Some excerpts already provide minimum objective dimensions, although these most often simply specify minimum areas rather than appropriate linear dimensions that would ensure usable configurations.
o Example Language: XI-10.4.05.C.1.b (R3 Zones) An average of two hundred square feet of usable open space shall be provided for each dwelling unit. "Usable open space" shall mean any open space, the smallest dimension of which is at least 4 ½ feet and which is not used as storage or for movement of motor vehicles Weaknesses
• Landscaping: Language regulating usable open space is much closer to objectivity, while instances regarding landscaping are often almost entirely subjective. In some instances, language regulating the design of landscape is more of an aspirational goal or guideline rather than objective statement that applicants and designers can apply practically. o Example Language: XI-10-11.07.2.d Landscaping is to be designated to highlight positive visual features, to screen negative ones, and to provide a cool, pleasant outdoor environment.
• Utilities: Design guidelines regarding utilities are not extensive, but currently contain a variety of subjective and ambiguous directions that refer generically to “well landscaped” areas, and screening requirements that lack dimensions.
o Example Language: XI-10-6.06.A Rooftop mechanical equipment shall be concealed from street level views through roof designs that area architecturally integrated with the building, such as equipment wells and parapets
• Waste Disposal: Areas for depositing and collecting waste are currently regulated in two sections of the code’s general provisions (XI-10-54.12 Areas for Collecting and Loading Recyclable Materials + XI-10-54.16 Trash Enclosures, Equipment, and their screening).
Language regarding recyclable materials lack any objectivity or quantifiable requirements, beyond the basic requirement that all projects with 5 or more living units must provide a collecting and loading area. Trash enclosures also lack specific requirements for screening, and feature vague setback requirements and dimensions.
o Example Language: XI-10-54.12.D. Design Guidelines. The design and construction of recycling areas shall be reviewed in accordance with the guidelines adopted by Council Resolution for recycling areas.
o Example Language: XI-10-54.16.B.1 When located on the street side of corner lots, the enclosure must be set back at least as far as the main building 197
Item # 14.
Milpitas Objective Design Standards: Technical Memo – Existing Standards & Best Practices raimi + associates | 8
B. Transit Area Specific Plan (2011)
(Update pending as Milpitas Metro Specific Plan)
Development standards and design guidelines are featured in two sections of the 2011 report:
Chapter 5, and Appendix. Any revisions to these standards since the 2011 adoption have been adopted in the Zoning Ordinance.
Strengths
• Building Design: Building massing, articulation, and features including windows, materials, and colors are regulated in the Appendix. Similar to the existing language regulating site planning, the content is adequate in its range of topics but consistently relies on subjective and ambiguous requirements (“special architectural treatment,” “buildings should be well articulated,” “multi-paned windows are strongly encouraged”). This subjective language needs to be eliminated, and more quantitative and explicit direction provided through revisions that include dimensions and clearer diagrams.
• Ground Floor Design: The standards regulating ground floor design are similar to those found in the zoning ordinance, but include a few additional requirements that need reinforcement, such as greater clarity regarding treatment of blank facades; entryways; recesses and projections. Other topics need improvement, such as materials (still described as “best” and “quality”).
• Mixed Use Design: The sections in the Appendix regulating mixed-use buildings design are much more robust than the zoning ordinance, and could serve as a reference point for areas of improvement. It features the same shortcomings found throughout the specific plan, where greater specificity, dimensions, and clearer diagrams are needed. • Site Planning: Standards regulating sites, block patterns, and building placement are regulated in the Appendix. A commendable range of topics are already featured, including block size, building and façade orientation, screening residential from industrial uses, mitigating surface parking, and vehicular circulation/access. Work is needed to eliminate subjective language, and provide more quantitative and explicit direction through revisions including dimensions and clearer diagrams.
• ROW/Streetscape Design: The current specific plan features a clear organization of street typologies with accompanying visuals that illustrate the exact dimensional requirements for the ROWs, including streets, planted or landscaped medians, planting strips, and sidewalks. These include planted areas within front setback areas.
Weaknesses
• Organization of Policies and Standards: The chapter concludes with a set of additional construction standards pertaining to specific topics, such as green building standards (including solar), noise considerations, railroad corridors, and hazardous materials. Some of these are more appropriately addressed as a component of the Metro Specific Plan update process, but others such as the regulation of parcels adjacent to railroads s hould more appropriate be nested in the overall zoning code. The topic of solar installation also warrants its own section in the zoning code, especially in response to recent legislation including AB 178 which requires all single-family residences and multi-family residences up to three stories across the entire state to satisfy minimum solar panel requirements. • Fence, Walls, and Vegetation Buffers for noise and vibrations: Only applicable to parcels in close proximity to BART, UPRR train tracks, Great Mall Parkway, and industrial uses residential applicants are required to construct masonry walls and sound walls to address issues of noise and vibration. No objective standards are currently provided. 198
Item # 14.
Milpitas Objective Design Standards: Technical Memo – Existing Standards & Best Practices raimi + associates | 9
• Landscaping: This specific plan is an improvement upon the regulation and definition of landscaping compared to the zoning ordinance, but still remains highly subjective. Although objective/quantitative requirements are scattered throughout, generic mandates such as “ The develops of multifamily and mixed-use building should provide full landscaping” is meaningless when approaching a given project from a design or approval perspective. • Multifamily Residential: These standards are too brief, and new objective standards should be developed in tandem with zoning ordinance revisions. • Services: Standards regarding utilities, service and loading areas, waste removal, and public safety issues are general and vague. The current plan references the Midtown Specific Plan, but both plans require significant revisions.
• Vehicular Access: Garage entrances, curb cuts, and wrapped parking are all featured, with scarce details regarding acceptable dimensions or design. Precedent images offer some needed context and reference, but the language needs additional objective directions and specificity.
C. Midtown Specific Plan (2010)
Development standards and guidelines are featured in Chapter 8 of the 2010 report. It prefaces the standards with this excerpt, which will need to be revised but also represents the typical approach to regulating design guidelines prior to the adoptions of SB 35 and 330 and serves as a useful precedent:
“The words “shall” and “will” indicate a mandatory requirement. The word “should” means that an action is required unless a determination is made that the intent of the guideline is satisfi ed by other means. Words such as “encouraged” or “may” are advisory and are provided as guidelines for development. In general, the word “shall” is used in the Development Standards.
The Design Guidelines include the word “should” indicating a mandatory guideline.” Strengths
• Building Design: Much of this language correlates with the Metro Specific Plan. Revisions to make standards objective are likely to be universally adapted in both pl ans. • Mixed-Use and Multifamily Design: Much of this language correlates with the Metro Specific Plan. Revisions to make standards objective are likely to be universally adapted in both plans. • Parking Areas: The plan separates off-street parking standards for residential and mixed-use projects, each featuring its own set of ratios based on unit type and building use. Although the existing language is brief, it offers a degree of specificity and objective dimensions with regards to the design of carports. Other areas will require revisions, such as driveway design and placement (site access), associating landscaping, and clearer standards regarding nearby existing on-street parking.
Weaknesses
• Building Heights: Instances of subjective design considerations such as “special architectural elements such as towers and spires [or] corner elements” will need to be removed, or fleshed out individually and made objective. This is especially important as it relates to maximum allowed building height.
• Interaction with the Zoning Ordinance: The Specific Plan area features nearly a dozen different zoning designations, including multifamily (R4, R4-TOD) and mixed-use (MXD, MXD- TOD). However, there are design guidelines featured in the specific plan that are not reflected in the zoning code, and regulations in the zoning code that are not explicitly contained within the specific plan document. Applicants and reviewers are thus required to consult two separate regulatory documents and resolve any discrepancies between the relevant and applicable standards, resulting in a confusing and complicated approval process. 199
Item # 14.
Milpitas Objective Design Standards: Technical Memo – Existing Standards & Best Practices raimi + associates | 10
o Example: XI-10.6.04.G Park and Open Space Requirements for Residential Use. This section contains additional design guidelines with regards to open space calculations and design of usable open space such as balconies and patios. • Interaction with Metro Specific Plan: According to the zoning ordinance (XI-10-11.06.A.1), “exterior building or site improvements” must meet the design guidelines and standards of the Transit Area Specific Plan (aka Metro Specific Plan). This arrangement is confusing for both applicants and project reviewers, as it is not best practice for one specific plan be called on to regulate another.
• Landscaping: The shortcomings of this language are similar to those of the Metro Specific Plan, although this plan offers even fewer standards.
• Parks and Open Space: Three types of open space are required within the plan area, yet none are distinguishable from one another from a design perspective based on the highly vague and subjective language, and offer no clear direction with regards to design, location, or accessibility.
o “Private park space should be configured to be usable for recreational purposes by residents of the housing development.”
• Service Areas: The plan features three brief, subjective guidelines regulating service areas in non-residential projects, but offers no direction on mixed-use featuring residential, or multi- family projects.
• Street Trees: Street trees located on sidewalks are a requirement, but the current language offers no direction on how they must interact with either existing or “assumed” 10 -foot sidewalks.
• Utilities + Waste Removal: Weaknesses are nearly identical to those found in the zoning ordinance.
D. Streetscape Master Plan (2000)
This master plan functions as an all-purpose document that governs the regulation and design of the ROW, including sidewalks, landscaping, street trees, utilities, and vehicular circulation. As a master plan, it outlines a comprehensive set of goals and standards for streetscape design and maintenance, in addition to relevant city-wide polices and funding sources for implementation.
Although matters of streetscape, landscaping, ROW design, and utilities can be i ncluded within the scope of objective design standards, the City will need to make a determination regarding this master plan document and its relationship to any new design standards. Especially as the document is more than twenty years old, it is likely that an independent update of the plan may also be needed to be aligned with more urban development forms and meet the City’s goals for pedestrian safety, walkability, and active modes of transportation.
200
Item # 14.
Milpitas Objective Design Standards: Technical Memo – Existing Standards & Best Practices raimi + associates | 11
E. Fire Code Interpretation
Each city’s interpretation of the California Fire Code can have a great impact on site and building design. Many city codes have been written to complement small scale suburban development, as more urban, high density building forms enter a community, these codes are often in conflict with contemporary building methods. The stakeholders R+A spoke with to gather feedback on development in Milpitas outlined number of subjective interpretations of the fire code that have hindered meeting the design goals and policies of the City. Some instances required redesign, resulted in a loss of units, and were considered to be requests that went beyond requirements of the California Fire Code. These instances included requiring the following:
• A Fire Command Center for buildings where the highest occupiable floor is below 75 feet in height
• More than one stairwell to provide roof access
• Additional fire apparatus access than the California Fire Code for sprinklered buildings • Second fire apparatus access to be full length of second frontage IV. Staff & Community Feedback
A. Staff Feedback
The project team has thus far completed two meetings with city staff to gather feedback and insight regarding project review, engagement with objective design standards, and best practices.
March 1, 2021. Planning Staff
Midtown Specific Plan: Development review process
• Current specific plan features a number of design guidelines that are scattered throughout the document. Staff must also reference excerpts within the zoning code, resulting in a complicated review process.
• Existing guidelines are largely outdated and feature design practices that are no longer relevant or appropriate to contemporary Milpitas: building articulation, detailing, and massing are particularly problematic as developers/applicants have exhibited difficulties submitting ‘appropriate’ designs based on the existing language.
• Prescribed land uses constitute a hurdle for applicants who are required to provide elements such as ground-floor retail (even where it may not be financially feasible): staff suggestion that prioritizing language that emphasizes building form over building use may be a more successful application of design standards.
Zoning Code: Existing design-related standards
• Existing regulations are largely subjective, resulting in confusion on the part of both designers/developers and planning staff: this typically manifests in a bespoke and iterative review process that may be incongruous to another staff member’s interpretation. • Modular buildings and construction practices are a developing concern, especially as they pertain to satisfying building code, and best practices related to building articulation, massing, and step backs.
• Conflicts arise regarding inter- and intra-departmental review: planning staff, building, public works and other external parties such as PG&E can disagree on building and site configuration (streetscape is especially difficult to regulate consistently and efficiently). 201
Item # 14.
Milpitas Objective Design Standards: Technical Memo – Existing Standards & Best Practices raimi + associates | 12
o Topics of conflict: private open space (including balconies); entryways (including patios); HVAC and utilities; mail and package delivery.
Best Practices & Suggestions
• Recognizing the need to develop design standards that can withstand aesthetic/design cycles, perhaps a degree of discretionary review can still be baked into the language (Ex. Developers satisfy all objective standards within certain topics, but some portion/percentage of the process involves negotiation and collaboration with staff). • Flexibility regarding ground-floor uses: not limiting applicants to strictly ground-floor retail, but offering other options (ex. public-facing open space, street-facing community spaces for building tenants, public art).
• Flexibility regarding façade treatment and finishes: building facades facing major roads/arterials might be subjected to a different set of criteria than facades facing l ocal streets. • Introduction of standard typologies that allow consistent but context-specific regulations:
streetscapes/ROW design, planting/landscape.
March 4, 2021. Development Review Committee
General Feedback
• Mailbox and delivery access is especially important: especially in multi-family developments (such as townhouse developments), mailboxes are often clustered in a single area that is difficult to access. Standards need to foster a safe environment for pedes trians and people in vehicles alike.
• Solid waste removal: standardization of waste removal facilities could be regulated based on building type (ex. townhouse, condo, apartment, mixed-use commercial) • Vehicular circulation: designated space for alternative mobility options (rideshare, scooters) is needed, including associating standards related to signage, site access, and parking (temporary). Transit areas should also be considered and designed in a way that prevents local congestion.
• Parking + Loading/Unloading:
o Residential: residential tenants lack adequate spaces for loading/unloading (ex. moving vans), particularly at the front of buildings (issues of double-parking) o Mixed-Use/Commercial: parking ratio for retail parking conflict with residential ratios ; emergency vehicle access is especially confusing.
B. Community Feedback
Recognizing that design standards will impact the work of both city staff as well as individual applicants, four one-on-one meetings have been facilitated where developers and designers have been invited to share insights, with particular emphasis on past or ongoing projects located in Milpitas. Contact information was facilitated directly by City Staff, and meetings were conducted on a voluntary basis.
Altogether, four meetings were conducted.
Experience in Milpitas
• Parcel sizes make non-structured parking difficult, especially when attempting to meet necessary density requirements. The issue is exacerbated by the costs and building-height limitations attributed to structured parking.
• Building heights and required density is sometimes inconsistent: building height maximums are often too low, especially regarding highest habitable floor . 202
Item # 14.
Milpitas Objective Design Standards: Technical Memo – Existing Standards & Best Practices raimi + associates | 13
• Satisfying fire/public safety standards has been cumbersome, especially when attempting to design stairwells, setbacks, utilities, egress requirements. o In some cases, public safety standards utilize a much larger building typology (hi -rise) to establish standards, which are not appropriate for lower-density buildings (3-5 stories).
General Feedback
• Significant opposition regarding a prescriptive approach to regulating building materials, especially as they pertain to façade treatments
• Finished-floor heights are problematic with regards to construction practices, privacy, marketability, and security. Regulations could necessitate multiple unit entrances, inconsistent finish heights along a single building façade, need for additional screening/planting criteria. o City of San Francisco’s approach: for each additional foot above grade, applicants are allowed one additional foot of total building height, up to a specific maximum. • Suggestion to regulate residential density based on unit count rather than FAR. • Land prices demand good professionals in the Bay Area, too many design standards make development harder.
• Most common practice for developers is to use different architects for any given project.
Consequently, any design standards ought to be less prescriptive and more flexible. • Small block walkability standards should be specific. • Strongest appeal of objective design standards is the expedited review process, and eliminating the potential for case-by-case deviations/exactions • Utilize standard unit sizes/dimensions when development building standards, especially as they relate to desired façade breaks/articulation
• Look at the building code, build design standards back from that. • Recommend regulating buildings based on typologies that can be reasonably expected to appear in Milpitas, ex. townhomes, condos, row-houses (thereby eliminating building typologies that would not be approved)
• Task Fee + Affordable Housing Fee + Building Fees = 45 -50K per unit, eliminates certain densities
• Challenges were not around design guidelines, Fire Department in Milpitas were too onerous, same with Public Works. Projects require up to 5 rounds of comments, comments go beyond code and are sometimes in conflict with Building Department. o building must be within 20' of back of walk, but the mandatory fire lane requirements are inconsistent with them
o stairwells must include fire service rooms(?) and must connect to the roof o Issues of hi-rise development standards being applied in-situ to smaller buildings, without considerations of practicality or applicability Modular Construction
• Additional building height is needed as a practical result of modular construction: stacking individual modules/units can typically require an additional 8 to 12 inches of vertical clearance per floor, which may exceed local building height maximums. • Upper-floor step backs are problematic and highly discouraged: although feasible from a construction perspective, they constitute significant hurdles both financially and practically .
Allowing for ways to reduce floor area on upper floors without specific faça de step backs are more feasible.
203
Item # 14.
Milpitas Objective Design Standards: Technical Memo – Existing Standards & Best Practices raimi + associates | 14
• Issues of variance approvals has deterred some developers from investing more heavily into modular design: although they might manage to satisfy zoning requirements, local building code regulations may not agree.
• Construction techniques discourages deviations in floor height: taller ground -floors for example are more difficult to negotiation, as the standard modular unit is 11’ floor -to-floor o Stacked parking is typically incongruous with modular construction, unless modula r units are place atop a separately-constructed podium featuring taller floor-to-floor heights.
• Significant breaks/façade breaks are difficult to negotiate: a more feasible strategy would be to provide other design standards that can break up a façade without require a large break (ex. extruded or intruded balconies or windows) + prescribing a specific number of required breaks rather than a specific building/facade length.
V. Best Practices
Objective design standards have been implemented in a variety of ways, as each city takes an approach that works for their timeline and specific context. These standards commonly appear in specific and area plans, where sites are typically smaller in scale, and design considerations can be specifically tailored to the unique urban context and anticipated development. Additionally, objective design standards have been introduced into zoning codes where they can be regulated more holistically across an entire district or use type.
In order to analyze best practices when developing objective design standards, we reviewed a variety of example codes, area plans, and development standards to identify successful approaches to organization, structure, flexibility in design, and language. The analysis also helped establish precedents for specific topics and unique approaches to quantifying design criteria. This section includes a discussion of overall organization and structure (A), strategies for balancing flexible design with objective language and regulations (B), and a case study (C).
A complete list of the documents reviewed in our research can be found in VII. Appendix.
A. Organization & Structure
Given that objective design standards appear in a variety of contexts, their organization and structure are typically consistent with the document in which they are featured. As the state has not issued a universal format for regulating objective standards, standards can be organized in several approaches, including:
• Topics: where standards are organized into distinct and typically ind ependent subjects and topics that may include building design, frontages and facades, landscaped areas, circulation, access, and streetscape.
• Land Uses + Building Typologies: where standards align with land uses such as housing, mixed-use, industrial, office, and open space. An alternative technique utilizes building typologies associated with common uses, such as residential (townhouses, mid -rise, mixed- use, high-rise) or parking (surface parking; sub-grade; podium). • Design Principles: where standards adhere to several key, usually qualitative, principles or goals.
204
Item # 14.
Milpitas Objective Design Standards: Technical Memo – Existing Standards & Best Practices raimi + associates | 15
• Areas: where sites are portioned off into smaller units of planning, each containing a unique set of development and design standards that are context appropriate. This approach is synonymous with specific and master plans, planned development areas, and development agreements where the geographic area is scaled down, and contained within a specific geographic area or subset of parcels.
• Form-based Codes: where standards use individual building design and form as the primary means of regulating design, irrespective of land use or geographic area.
It is common for these approaches to be combined and re-organized, as each is not necessarily mutually exclusive. A Mixed Approach represents an alternative that combines components of several organizational approaches, and is oftentimes the most common approach to objective design standards. Topics are very often nested and duplicated under multiple land use categories, and design principles can be attached to any given topic and written as an associating design guideline to accompany an objective standard. Form-based codes are typically the exception, as their organization and underlying strategy for regulating design standards at the building level requires a comprehensive design for the area it is regulating.
Each approach has its merits, some of which are described in further detail h ere.
Topical Approach
Advantages
• Provides project applicants and reviewers a consistent structure, where all standards related to a single topic can be found in one section.
• Shares similar organization structure with zoning language, and can be integrat ed or appended without requiring significant changes to the code as a whole. • Scales successfully with a geographic-based approach, should the code require a unique set of standards for a specific neighborhood, overlay zone, or PD area.
Disadvantages
• Standards that fall under multiple categories can be difficult to place, or result in redundancies. For example, landscaping can appropriately categorized under open space, ROW/streetscape design, setback design, transitions between buildings and land uses, and surface parking.
• Individual standards can be difficult to craft to ensure their flexibility and adaptability to unique circumstances. Consequently, this approach typically requires additional language that accommodates variance requests or exemptions.
Example: Peery Park Specific Plan
Peery Park Specific Plan features two chapters related to objective design standards: the Development Code which
uniformly regulates building height, setbacks, and parking; and Design Guidelines which provide more specific details and standards in a similar organizational structure. The two sections work in tandem to provide applicants an organized and comprehensive inventory of requirements that they must satisfy.
205
Item # 14.
Milpitas Objective Design Standards: Technical Memo – Existing Standards & Best Practices raimi + associates | 16
Land Use + Building Typologies Approach
Advantages
• Accommodates a piece-meal approach to making existing subjective language objective, as authors can afford to focus exclusively on a select number of land use types while leaving others unchanged. For example, objective standards can be limited exclusively to regulating multi-family and mixed-use developments, while other uses such as industrial or single-family residential need not be engaged.
• Shares similar organization structure with zoning language, and can be integrated or appended without requiring significant changes to the code as a whole. • Gives project applicants and developers a clearly defined set of self-contained design standards that are based primarily on their location and underlying land use, eliminating the need to cross-examine other documents or standards.
Disadvantages
• Lacks opportunity to accommodate objective design crieria for unique conditions or circumstances, such as parcels abutting natural areas or a railroad corridor. Standards are forced to be written as universal requirements that must cover all building types within the land use designation.
• Can result in repetitive and redundant language, where design standards are repeated across several similar but distinct variations of the same land use or building type. Multi-family residential for example may have three classifications/designations based on density or location, and each may require a near-identical set of regulatory standards that might differ in subtle ways.
Example: Lawrence Station Area Plan, Sunnyvale
Oriented around a major transit hub, the Lawrence Station Area Plan for Sunnyvale features a number of land uses that the plan uses to organize its associating guidelines and standards. These land uses differ from the current underlying zoning, as the specific plan allows the city to regulate these parcels at a finer grain of detail. Three distinct mixed-used designations, two commercial, an overlay zone, and one residential use each feature an individual set of objective standards.
206
Item # 14.
Milpitas Objective Design Standards: Technical Memo – Existing Standards & Best Practices raimi + associates | 17
Design Principles Approach
Advantages
• Allows for a cohesive and goal-driven organizational structure, where individual standards are universally oriented around a consistent set of principles. • Principles provide insight to applicants regarding the underlying purpos e and intention of a given standard, while the associating objective standards give clear direction to guide design. • Accommodates a semi-qualitative approach to design regulation that may be more accessible to a general audience who often have difficulty understanding the merits of individual, quantitative objective standards.
Disadvantages
• Requires that individual standards fit into higher-level categories or classifications that do not always scale or line up successfully.
• Requires significant thought and time to craft underlying design principles that fully encapsulate the broad range of topics that design standards entail. • Diverges significantly from the tone of most existing zoning language, making new objective standards revisions difficult to integrate.
Example: Lawrence Station Area Plan, Santa Clara
Santa Clara’s Lawrence Station Area Plan features many design principles oriented around key themes, such as architecture, streetscape, and public art. Each principle features a bro ad thesis that establishes a set of goals, and individual policies and design standards result from these goals.
207
Item # 14.
Milpitas Objective Design Standards: Technical Memo – Existing Standards & Best Practices raimi + associates | 18
Example: David Baker Architects’ 9 Ways
Initially developed as an internal set of guiding principles, David Baker Architects have since repositioned their 9 Ways approach as a universal methodology for encouraging people-centric design. Coming from an architectural foundation, these principles are more specific to building and site design rather than area-wide goals and are intended to be applied comprehensively. Individual buildings should aspire to satisfy all 9 principles.
1. Reweave the Urban Fabric: Create, repair, and enhance connections within existing neighborhoods.
2. Make Big Moves: Design a bold and interesting building form.
3. A Little Goes a Long Way: Concentrate premium materials at points of shared enjoyment. Keep it simple everywhere else.
4. Activate the Edges: Energize the streetscape with a generous, mixed-use ground floor.
5. Be Welcoming: Set a positive Tone with a bright and engaging entryway.
6. Cultivate Connection: Place compatible uses together to add convenience and support social encounters.
7. Enlighten Circulation: Bring light and fresh air into hallways and stairs to connect with natur e and encourage walking.
8. Get Personal: Reflect the character of the community and offer opportunities for expression.
9. Art for All: Use artwork to invigorate common spaces, help with wayfinding, and create a strong visual identity.
Area-based Approach
Advantages
• Allows for context-based design standards applied at a smaller scale, as individual areas can be regulated independently rather than relying on uniform and universal design standards across a larger geographic area.
• Accommodates unique circumstances such as creeks, railways, abutting open spaces, or adjacent industrial use by approaching these conditions as individual areas. • Accommodates a phased approach for development, particularly in a specific plan or master plan area.
• Compliments other organizational structures without significant revisions, where a topic - or land use-based structure can be developed for each individual area.
Disadvantages
• Potentially requires an entirely separate layer of land use organization and regulations, distinct from underling zoning designations.
• Requires additional consideration and expertise to accommodate unique contextual circumstances regarding how areas align with one another and their abutting areas. For example, regulations and standards regarding setbacks and transitions between land uses for example require greater attention and effort given the complexity of relationships. • Results in a non-uniform review of individual projects that may share similar underlying uses, but are regulated differently based on their assigned area.
208
Item # 14.
Milpitas Objective Design Standards: Technical Memo – Existing Standards & Best Practices raimi + associates | 19
Example: Warm Springs Community Plan
Oriented around the Warm Springs BART Station, the Warm Springs Community Plan divides the plan area into 10 different components. Each area features a different set of development standards that regulates building intensity, allowable uses, and bulk requirements. Although some design standards are applied uniformly, they are inherently regulated by the limits defined for each area: high-rise buildings for example are not acceptable in the areas abutting low-density housing, limiting any proposed buildings to a reduced number of objective standards.
Form-based Codes
Advantages
• Allows jurisdictions a high degree of control when designing the initial set of building standards, as the nature of form-based codes necessitates a substantial level architectural details and design considerations.
• Results in a built landscape that is mostly harmonious and consistent in scale, façade treatment, architectural style, and character.
• Results in a very succinct review process, where reviewers and applicants alike have every building detail prescribed, and design review can utilize a simple checklist.
Disadvantages
• Lacks the features of conventional zoning practices such as district-wide setbacks, parking ratios, or FAR, typically resulting in complex standards. • Requires more specialized knowledge of design and architectural pract ices for applicants to successfully navigate the standards.
• Requires intensive details that may not scale successfully to city -wide contexts that feature numerous land uses, building types, and geographic conditions.
209
Item # 14.
Milpitas Objective Design Standards: Technical Memo – Existing Standards & Best Practices raimi + associates | 20
Example: Pleasant Hill BART Station Property Code
The Pleasant Hill BART Station Property Code is designed to complement a corresponding master plan, and limits its content to strictly architectural standards and building envelope standards. The code identifies four building types, each based on a single land use (ex. commercial office, retail, townhouses). The code then prescribes exact height, bulk, and density standards, and prohibits any deviation from the prescribed requirements.
Mixed Approach
This method of organization aligns several previous strategies within a single document. It is most commonly applied to specific or master plans, but can certainly be incorporated into more traditional zoning formats. The advantages and disadvantages of a synthesized organizational struc ture are similar to those previously discussed, with the added flexibility that individual aspects can be adapted in a condensed or reduced format. For example, design principles can be introduced at the start of the document, but integrated into a topical approach where principles are referenced in individual categories of standards.