Second Amended and Restated Memorandum of Understanding between County of Santa Clara and the Santa Clara County Housing Authority
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1 RESIDENT SELECTION PROCEDURE
Thank you for choosing Hillview Court Apartments as your potential new home. We are delighted that you are interested in our community and the following resident selection criteria is being provided to identify the evaluation process through which your application will be processed.
A waitlist will not be managed by Hyder Property Management or Jamboree Housing for Hillview Court Apartments. All applicants will be referred through the Coordinated Entry System at the Santa Clara County office of Supportive Housing and processed for tenancy in conjunction with the Santa Clara Housing PBV program.
It is the policy of Hyder Property Management to comply with all applicable federal, state, and local fair housing laws and not discriminate against any person based on race, color, religion, sex, family status, national origin, handicap/disability, or any other basis protected by state or local law.
It is the policy of Hyder Property Management that a person with a disability may request reasonable accommodation, a reasonable structural modification, an accessible unit or the provision of auxiliary aids and services, in order to have equal access to a housing program. If you or anyone in your household has a disability, and because of that disability requires a specific accommodation, modification, or auxiliary aids or services to fully use our housing services, please contact the Community Manager for a Reasonable Accommodation/Accessibility Request Form.
The acceptance and processing of the rental application and its application fee does not constitute a guarantee of acceptance for housing. All applicants must meet the itemized criteria listed below to be considered for tenancy. All documentation requested during the application process must be submitted immediately.
1. Application Fees/Holding Deposits
Application fees are $25.00 for every application processed. Application fees are non-refundable and cover the costs of obtaining information about you, including but not limited to the cost of using a tenant screening service or a consumer credit reporting service and the reasonable time spent to validate, review, or otherwise process your application. Application fees are deposited on the same business day. Reusable tenant screening reports are not accepted.
Acceptable forms of payment for the holding deposit and application fee: Cash is never accepted CASHIER’S CHECK MONEY ORDER PERSONAL CHECK CREDIT CARD
X X X
2. Rental Application
All persons eighteen (18) years of age or older, and those deemed to be an adult under applicable law with respect to the execution of contracts, will be required to complete their own separate application. Only applications that are fully completed and signed will be processed for consideration. An applicant’s intentional misrepresentation or intentional omission of any information on the application will be sufficient reason for rejection of the application.
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2 3. Occupancy Guidelines
In accordance with the following guideline, the household composition must be appropriate for the apartment size in which the household is applying.
If the household exceeds the maximum occupancy during tenancy, the household may be allowed to remain in the unit until the lease expires, or for a reasonable period of time after, before being transferred to a larger unit or move from the property. This is not applicable to the addition of adult occupants. Adding unauthorized occupants, without first obtaining management approval, is considered a violation of the lease.
BEDROOM SIZE MINIMUM PERSONS MAXIMUM PERSONS
Studio 1 2
4. Verification Process
Due to the nature of the residents that will be housed at the affordable community Hillview Court, many applicants may have no or negative credit. Therefore, credit will not be considered in the determination of eligibility, however an applicant’s eviction history may be considered.
A. Financial
All income will be verified in writing by the income source indicated on income certification form. All assets, including bank accounts, will be verified in writing. Upon initial occupancy, resident's income cannot exceed _____% of the area median income. Income is restricted in accordance with government agencies and County regulatory agreements. Income limits subject to change.
Third-party income verification will be required from all sources, including but not limited to:
Employment, Self-Employment
Savings and checking
Pension
Disability
Asset verification, property, home, stocks, bonds, annuities, IRA, etc.
Government assistance, A.F.D.C., food stamps, etc.
Social Security
Child Support/Alimony
Non-Tuition Financial Aid
Income calculations are based on the Housing Authority’s methodology and required by HUD.
A credit report will be required for all household members over eighteen years of age. While credit will not be considered in determining eligibility, an applicant’s eviction history may be considered. Persons with Disabilities may be entitled to reasonable accommodations. Applicants will be made aware of their right to a reasonable accommodation in cases where their disability status is a contributing factor to a history of evictions.
Applicants will have the option to include supplementary information with their application to explain any issues related to evictions or may be requested by management to further process their application.
B. Criminal Background Checks
A criminal background check will be made for criminal conviction records for the past three (3) years for all adult Applicants of the household. Reports will be obtained from local and/or state record and may also include local Police records. If the Applicant has resided in a state other than California and has a past felony 367
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3 conviction, a report will be required from that state or federal organization. However, if information becomes known during the screening process regarding criminal activity that happened before the past three-year period which could impact the Applicant household’s eligibility to live at the property, the Management Agent reserves the right to consider this information as well, if these offenses pose a risk to the health and safety of the community or property. Such offenses would include, serious violent offenses, arson, sexual assault or the manufacturing or distributing of illegal substances. Serious felony offenses and/or continued and ongoing criminal activity may be grounds for rejection if such offenses involve physical violence to persons or property, domestic violence, sexual abuse, the manufacture or sale of narcotics, possession of an illegal weapon, or arson. The nature, severity, and recency of such offenses and/or ongoing or patterns of criminal activity will be considered when reviewing the Applicant and only those potentially impacting the health, safety, security and/or right to peaceful enjoyment of the property of and by other residents, visitors or employees will be considered. Violent Criminal Activity is defined as any activity that has as one of its elements the use, attempted use, or threatened use of physical force substantial enough to cause, or be reasonably likely to cause, serious bodily injury or property damage. Drug-related criminal activity means the illegal manufacture dispensation, distribution, or sale of illegal drugs with the intent to manufacture, dispense, and distribute. At the request of an applicant or case manager, a reasonable accommodation request will be considered to appeal any application denial based on information obtained from criminal background checks.
It is important to consider that at any given time during the application process, Management reserves the right to ask for additional clarification for nonviolent criminal records occurring within the past three years.
The applicant and/or referring case manager (with the approval of the applicant) will be given an opportunity to appeal a denial on their own or on behalf of the applicant. However, all applicants will be required to demonstrate that they meet program requirements.
C. History of Responsible Tenancy, Behavior and Conduct A landlord resident verification will be obtained if available, for the previous two years. Previous landlords during the past two years may also be contacted. A determination will be made regarding whether or not the applicant has demonstrated a record of good conduct which could constitute a material violation of Hillview Court Occupancy Agreement provisions or applicable tenancy law. If such record is found Management reserves the right to ask for additional clarification. If housing references are not available due to the applicant experiencing a period of homelessness, a homeless certification will be required.
Minimum Income limits or Resident Rent may not apply to participants in subsidy programs such as VASH, Section 8 and other subsidized rental assistance programs Adding unauthorized household occupants, without first obtaining management approval, is considered a violation of the lease. Additions to an existing household requires a full third-party recertification of all existing household members in addition to the income certification for the new member of the household, including third-party verification. If there are any changes to a household’s composition or income prior to move-in, management must be informed immediately.
All households will be required to recertify their income and assets annually prior to their move-in anniversary date. If a household fails to comply, a notice to terminate tenancy will be issued and the household will be required to move.
D. Rental History
Applications may be denied for the following reason:
1) A public record of more than 1 (one) unlawful detainer action or eviction within 3 years.
Hyder Property Management will conduct an individualized assessment to determine whether the applicant 368
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4 poses a direct threat to others or property prior to making a final decision on whether to accept or deny the application. The individualized assessment will take into account relevant mitigating information such as (1) the facts or circumstances surrounding the criminal conduct; (2) the age of the individual at the time the conduct occurred; (3) evidence that the individual has maintained a good tenant history before and after the conviction or conduct; and (4) evidence of rehabilitation efforts.
E. Mitigating Circumstances
An applicant who lacks sufficient credit or rental history or who has a credit, rental and/or criminal history that does not meet the above criteria may ask Hyder Property Management to consider any mitigating circumstances that the applicant may wish to provide before a final decision to accept or deny the application is made.
An applicant may:
1) Request consideration of mitigating circumstances at the time the rental application is submitted; and/or
2) Submit documentation of any mitigating circumstances along with the rental application; and/or 3) Request a Mitigating Circumstances Interview in the event the applicant is notified that he/she did not meet the above Application Criteria.
In addition to any information provided by the applicant regarding the mitigating circumstances, Hyder Property Management may also consider:
1) The impact that stable housing will have on helping the individual achieve personal stability; 2) Whether homelessness or unstable housing was the cause or a major contributing factor to the issues that caused the applicant’s failure to meet the Application Criteria; 3) The nature, extent and seriousness of the past behavior or action and the amount of time that has passed since the behavior or action took place;
4) The extent to which disability or disabling conditions contributed to the behavior or circumstances and evidence that the applicant has taken or is taking appropriate action that makes it reasonably likely the applicant would be able to refrain from any future behavior of the nature that caused the applicant’s failure to meet the Application Criteria; 5) The availability of rental subsidies, other financial assistance or financial assistance programs (e.g., representative payee services) to limit the risk of non-payment of rent; 6) The extent to which the applicant’s current or previous actions have addressed or are mitigating the underlying conditions which caused the previous action or behavior; and 7) Other factors which indicate a reasonable probability of favorable future conduct and of the applicant being able to meet the obligations of the lease and follow the rules of the property, including evidence of rehabilitation and applicant’s willingness to participate in social services.
After reviewing all of the information and documentation provided during the Mitigating Circumstances Interview, Hyder Property Management shall make a final determination whether to accept (with or without conditions) or deny the application and shall notify the applicant of same in writing within 72 hours from the date of the Mitigating Circumstances Interview.
Available units will not be held open during the consideration process. 369
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5 F. REJECTED APPLICATIONS
Applications may be rejected for any of the following:
1) Blatant disrespect, disruptive or threatening behavior toward management, the property, or other residents exhibited by an applicant or family member any time prior to move-in. 2) A negative landlord or other reference;
3) Convictions as described in paragraph II (B);
4) Falsification of any documentation or information on the application; 5) Household size that does not conform to the stated minimum and maximum sizes; 6) Income exceeding the area median based upon income limits established at the property; G. Waiting List
Applicants will be referred by Santa Clara County Office of Supportive Housing and processed for tenancy in conjunction with the County of Santa Clara Housing Authority PBV program. The property will process referrals in the order received and will track applicant name and contact information, household size, household income or AMI (Area Median Income), status of application, regulatory agency preferences, and any other information deemed necessary for the property or specified in regulatory agency requirements.
H. Rules
1. Pets
No pets will be allowed at Hillview Court Apartments. Assistive animals for persons with disabilities are not considered to be pets but do require advance written approval of management.
2. Smoking
This community is a smoke free community. This community offers _____ does not offer _____ smoke free apartment homes. If the apartment home or any part of the community is smoke free, the resident, members of the resident’s household, or resident’s guests or visitors, shall not smoke anywhere prohibited and identified in the Smoke Free Addendum.
3. Water Furniture
Liquid filled furniture over ten (10) gallons is allowed but requires proper insurance coverage and prior written approval. A certification of insurance in the amount of $100,000.00 evidencing liquid filled furniture coverage must be provided prior to bringing any liquid-filled furniture into the household.
4. Photo Identification
All applicants will be required to provide a government-issued photo identification to confirm identity. If an applicant’s identification cannot be verified, it is grounds for rejection.
5. Conduct
Applicants may be rejected for conduct displayed during the tour or application process that would constitute a violation of the lease policies. Applicants must display the ability to comply with lease policies.
Denied/Approved with Conditions
Denied or conditionally approved applicants will be notified in writing of the reason for denial or conditional approval. Consideration may be given for extenuating circumstances where this would be required as a reasonable accommodation for disability when determining the acceptability of tenancy. A Grievance Procedure is attached as Exhibit A as in accordance with applicable state or federal program regulations for the resolution of disputes.
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6 Applicant Acknowledgement:
I/we acknowledge that our application will be reviewed and a consumer credit report, public search and/or an investigative consumer report that discloses the consumer’s character, general reputation, personal characteristics and mode of living will be obtained. A copy of any such report(s) will be provided to the applicant upon request.
I/we, the applicant(s), acknowledge that I/we have received a copy of the application criteria and understand the terms of possible residency.
____________________________________________ _____________________________ Applicant Signature Date
____________________________________________ _____________________________ Applicant Signature Date
____________________________________________ _____________________________ Applicant Signature Date
EXHIBIT A
Tenant Grievance Resolution Process
This grievance procedure ensures that tenants have every opportunity to express concerns and have them resolved in and fair, equitable and prompt manner. The policy and the procedure noted below apply to any grievance related to your living environment, staff, etc. Grievance resolution is the process by which reasonable solutions are sought in response to a tenant expressing concerns in their living environment and services provided. It is encouraged that an informal grievance resolution is attempted prior to resorting to a more structured process. This process is not meant to substitute the legal process. Once legal proceedings have commenced tenants will not be allowed to resort to the grievance resolution process.
Step 1
If you believe that property management or resident services site staff has not addressed a concern or complied with the terms of the lease, for example, incomplete service requests, property concerns not addressed in a timely manner and/or have acted in a manner that you feel has adversely affected you, we urge you to speak directly with the site staff with whom you disagree. If the issue at hand is a verifiable health and safety concern, it will be addressed within 48 hours. If your concern remains unaddressed after 5 business days, you may proceed to Step 2 and complete the “Step 2” Formal Meeting Request Form. The form is available, upon request, in property management and resident services offices, management’s corporate offices and the property website.
Step 2
Upon receipt of your “Step 2” Formal Meeting Request Form, the site staff in question will contact you to schedule a meeting within 5 business days. The goal of the meeting is to further clarify the area(s) of concern and discuss reasonable forms of resolution. The site staff will send an acknowledgement letter within 5 business days after your meeting. We believe that most areas of concern can be resolved through effective communication and clarification of the areas of concern. If your concern remains unaddressed and/or you have not received a meeting date within the 5 business days, as noted above, you may proceed to “Step 3” and complete the “Step 3”
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7 Supervisor Reporting Form. The form is available, upon request, in property management and resident services offices, management’s corporate offices and the property website. The form should be faxed or e-mailed to:
Title: Name: Email:
Property Management
Supervisor
Residential Service
Supervisor
Step 3
Upon receipt of your “Step 3” written request form, site staff’s supervisor will review your report along with any back up documentation related to your concern and will inquire with site staff about the steps taken to resolve the issue(s) on the request. The supervisor will determine if further information, clarification and/or communication is needed to better understand the area(s) of concern and steps taken to resolve.
If no further information is needed, the site staff’s supervisor will analyze the steps taken by site staff towards resolution and deem the steps reasonable or unreasonable per corporate policy, regulating agencies and/or public authorities. Upon site staff’s supervisor’s assessment, she/he will give site staff additional directives to bring the concern to full resolution or will determine the case closed. A written update or determination will be provided to the resident within 10 business days of receipt of the “Step 3” written request form.
If your concern remains unaddressed and/or you have not received a written update or determination within 10 business days, as noted above, you may proceed to “Step 4” and complete the “Step 4” Corporate Supervisor Reporting Form. The form is available, upon request, in property management and resident services offices, management’s corporate offices and the property website. The form should be emailed to:
Title: Name: E-mail
Vice President, Operations Michelle Pruitt [email protected] Director, Supportive Services Noel Kammermann [email protected]
Step 4
Upon receipt of your “Step 4” written request form, a corporate supervisor will review your report along with any back up documentation and will inquire about steps to take to resolve with staff. The corporate supervisor will determine if further information, clarification and/or communication is needed to better understand the area(s) of concern.
If no further information is needed, corporate supervisor will analyze the steps taken by staff towards resolution and deem the steps reasonable or unreasonable per corporate policy, regulating agencies and public authorities.
Upon Supervisors assessment she/he will give staff additional directives to bring the concern to full resolution or will determine the case closed. Written update or determination will be provided within 10 business days of receipt of your “Step 4” written request form.
Step 5
If all the steps above have been exhausted and a reasonable solution has not been reached the resident may request ownership’s intervention via the corporate supervisor. The cooperate supervisor will provide ownership a copy of all the documentation related to the grievance and will analyze the steps taken towards resolution.
Ownership will confirm if property management or resident services has explored all reasonable avenues towards resolution by providing final recommendations towards resolution or by confirming that no further intervention is plausible.
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8 PROPERY MANAGEMENT
Lead at every step of the process
RESIDENT SERVICES
Lead at every step of the process
Step 1 Step 1
Property Manager/Support Staff Resident Services Coordinator/Support Staff Step 2 Step 2
Property Manager Resident Services Coordinator
Step 3 Step 3
Property Management Supervisor Resident Services Supervisor Step 4 Step 4
Property Management Corporate Supervisor Resident Services Corporate Supervisor Step 5 Step 5
Ownership Representative Ownership Representative
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COMPLEX NAME
LOCATION
Date /
Time Name and Address Telephone Number
Elig.
For RA
Y/N
Race /
Ethnic Codes
Displaced
Priority
Code
Farm
Worker
Code
Need
Assessible
Unit
Y/N
Household
size
Income
code
Unit
Size
Lease
Date
Reason Removed
Rejected Comments
date
Withdrawn
Date
Ethinicity Codes: Race Codes: Farm worker code: Priority Codes: H - Hispanic 1 - American Indian or Alaska Native 1 -Active farm laborer LOPE - Holder of Letter of Priority Entitlement N - Not Hispanic 2 - Asian 2- Retired or disabled local farm laborer D - Disabled Household Member 3 - Black or African American 3- Retired or disabled not local farm laborer Income Code:
4 - Native Hawaiian or Pacific Islander V - Very Low
5 - White L - Low
M - Moderate
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INSTRUCTIONS FOR MAINTAINING WAITING LISTS
You must maintain a master waiting list AND a separate sub-waiting list:
• If RD/FL property, must have separate sub-waiting list for bedroom size and transfers.
• IfHUD property, must have separate sub-waiting list.
This means that if you are a RD/FL property, you will have three (3) waiting lists: the "Master" waiting list AND the "RD Bedroom-Size" sub-waiting list and/or "RD Transfer" sub-waiting list. Transfers are considered priority tenants over new move-ins.
If you are a HUD property, you will have two (2) waiting lists: the "Master" waiting list AND the "HUD" sub-waiting list.
If you are RD/FL/HUD, you will have four (4) waiting lists: the "Master" waiting list, the "RD Bedroom-Size" sub-waiting list, the "RD Transfer" sub-waiting list, and the "HUD" sub-waiting list.
The MASTER WAITING LIST, under "Date/Status" points the person reading the waiting list to the appropriate sub-lists. (Bedroom-Size, Transfer or HUD) • As an example, Mr. Smith (applicant) hands you an application and you place his name on the "Master" waiting list. Under "Date/Status", you note that you have placed him on the "RD Bedroom-Size" sub-waiting list on a specific date. • If you are a HUD property, you will also place Mr. Smith on the "HUD" subwaiting list, and note that on the "Master" waiting list as well.
The forms discussed above will immediately follow.
Upon receiving the application, immediately note the date and time of day you received the application in the box at the top of the application.
Review the application for basic eligibility only. If it is determined that the applicant is not eligible for one of the following two reasons, you may send a rejection letter as outlined in the section on rejections. The two reasons for rejection at this point are:
I. Family Size: There are maximum and minimum family sizes for your project according to the size of units available. Refer to the occupancy section for a detailed chart.
2. Income Limits: There are maximum income limits set for your project. Refer to the section on Occupaney.
Applicants will remain on the wait list until they are rejected, withdrawn, moved in, or purged. Allow at least two lines per applieant; DO NOT skip a line in between. DO NOT number the applicants because as people are removed, the numbers will have no significance.
The Wait List is purged at a minimum, once per year.
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Once a person is removed from the wait list, draw a line through the name - that way it is easy to see who is next in line. Make certain that you do this on the "Master" as well as the sub-lists noted above.
Once a person nears the top of the wait list (#1 or 2), you should begin processing the application in order to have a tenant ready to move in should a vacancy occur (remember an income verification is good for 90 days).
The contact sheet attached to the application should be used for details of all contacts with an applicant and details of all background checks. The contact record on the wait list will be used to note reasons a tenant may have been passed over or special instructions such as "can't move in now, but wants to stay on list". A person should be moved to the bottom of the list if they refuse a unit without good cause.
The disposition column must be filled in before a person's name is removed from the list.
The applications to back up all of those rejected and withdrawn must be kept in folders marked "rejected" and "withdrawn" for at least three years. Detailed reasons for rejection or withdrawals will be noted on the contact sheet along with the date and the initials of the manager.
\WORD\Waitlist.instructions 9/15/2014
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Project Name
Address
Telephone
Date:
To:
Dear Applicant:
Thank you for applying for admission to _
Apartments. At this time we are filling all vacancies from the waiting list. The average length of the wait is----------------- however, your wait may be longer or shorter depending on unit turnover.
Please notify us immediately if any of the following events occur, as any change may effect your admission:
1. You move to a new address.
2. You get a new telephone number.
3. The size of your family changes.
4. Your income changes (increases or decreases).
You should contact us every six months from the date at the top of this letter to reaffirm your interest in being admitted. If we do not hear from you and cannot contact you, we must remove your application from the waiting list and place it in the inactive file.
You may call, drop us a line, or stop into the office.
Resident Manager
"In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national 01ꞏigin, age, disability, religion, sex, and familial status. (Not all prohibited bases apply to all programs).
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (800) 795- 3272 (voice) or (202) 720-6382 (TDD)."
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SECURITY PLAN
The following security measures will be implemented at the property:
Security Cameras: Security cameras will be installed in key locations (to be approved by Hudson prior to installation) at the property in order to monitor the site, entrances, and common areas and will be linked with an integral digital video recording system. At a minimum, camera locations must include all entrances (pedestrian and vehicular), the interior of the parking garage, all elevator lobbies, and common areas.
PATROLS OR GUARDS: Confirm with Sponsor.
Graffiti removal plan: Graffiti will be removed within 12 hours of first identification by onsite personnel. Immediate removal of graffiti will deter gang activity in and around the site area.
Maintenance: Properties are to be maintained in excellent physical condition with excellent landscaping, painting and common area maintenance. Deterioration of the buildings can lead to a perception of disorder and is to be avoided.
Site Lighting: Site lighting will be provided along all perimeter walls with sufficient levels of illumination to provide a strong deterrence to crime. Lighting will also illuminate walkways and common areas on both sites.
Landscaping: The landscaping plans will be designed to limit planting around entrance ways and windows to discourage hiding places and ensure that sight lines are not impaired.
Key Control & Policy: All master keys to be maintained and controlled by onsite management with monthly reports to be provided to Management Company. Maintain a record of all keys issued. All keys are to be stamped with “Do Not Duplicate.” Employee Security Training: Employees will be trained on security systems, lighting plans and key policy. Security training will be provided at date of hire and one to two times annually.
Resident Crime Prevention Lectures: Residents will be given regular training and seminars (at least two times annually) on how to avoid being a victim of crime, protecting their personal property and avoiding being the victims of scam artists.
Signage: Signage will be posted indicating that the building is monitored by cameras and an alarm company.
Address Signs: Signs will be visible and illuminated during evening hours to provide easy identification by first responders.
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Parking Garage Security: Parking garage gates will be accessible through remote control only.
Security camera surveillance will be provided at the entrance to and within the garage. Sufficient lighting will be provided to illuminate all areas of the garage. 379
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1 PROPERTY
LEASE AGREEMENT
This residential lease is made this day of between _ as Management (hereinafter referred to as "we" or "us") and as Resident (hereinafter referred to as "you").
We lease to you and you rent from us the premises, described as follows: A - bedroom dwelling unit designated as Unit Number or residence address at , located at , together with fixtures, accessories, and the following appliances and furniture:
Refrigerator, Range & Hood, Smoke Alarm(s), Window Coverings, and:
The lease is subject to the following terms, conditions, covenants, and agreements:
1. Regulations
This lease and your occupancy are governed by the requirements allowing owner to receive Low Income Housing Tax Credits (LIHTC). If any terms or conditions of this lease are inconsistent with regulations of this agency, then the agency regulations shall control.
2. Term
This lease will begin on ,20 and will end on ,
20 , or until terminated either by you or us as provided in this lease.
3. Rent
A. The initial rent for the premise is $ per month to be paid by or on behalf of you to us at the: Property Office, located at: ,
phone” .
B. Rent shall be paid in advance on or before the first day of each month and is late on the sixth day. If rent is not paid before the sixth day, you will be charged a late rent charge of $ .
C. Rent shall be adjusted periodically in accordance with Section 4.
4. Income Certification and Re-certification & Adjusted Rent A. Your eligibility for this rent is based on information that you have provided to us regarding your household income, assets, and household size. Each year, prior to renewal of the lease, within 30 days after receiving notice from us, you agree to provide updated information on a form we provide you. You agree that all such information regarding household size, income and assets provided to us is true, complete, and correct to the best of your knowledge. You further agree that failure to provide such Ybarra Village Apartments
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2 information, or providing false or misleading information, will result in the termination of your occupancy and eviction from the premises.
B. We will additionally adjust the rent described in Section 3 periodically. The first adjustment may occur so that the rent adjustment date will coincide with the project fiscal year. We will give you 30 or in some cases 60 days written notice prior to the effective date of any rent adjustment and will execute a new lease, lease amendment, and or change of terms amendment, providing for the rent adjustment.
5. Security Deposit
Tenant will pay in advance of occupying the unit, a security deposit in the amount of $ , which shall not exceed the rent for two months. We may apply the deposit after you vacate the premises to repair any loss or damage caused by you or your guests to the premises or development other than normal wear and tear. We also may apply the deposit for the payment of rent due and owing from you.
Within twenty-one days after you vacate the premises, we will repay the security deposit without interest, less any amounts deducted, to you at your forwarding address or such other address as you may designate in writing. At the same time, we will provide you with a written itemized statement describing the reason for and the cost of any deductions from the deposit in excess of $126.00 as per California law.
6. Utilities
Tenant will pay for telephone service and the following utilities, including all fees, deposits, and charges therefore:
7. Use
A. You shall use the premises as, and only as, your primary place of residence. You shall not permit any illegal activity or use on the premises. The premises shall be occupied only by members of your household consisting of Adults (anyone over 18 years of age) and children (anyone under 18 years of age) with the following names and no other. You must inform us in writing and receive written approval from us prior to allowing any other person to reside in the unit or visit for longer than 14 days in any 45 day period.
Name Date of Birth Social Security #
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3 B. Project regulations set forth minimum and maximum household sizes. If as a result of a change in the number of persons in your household, your household size decreases to below the minimum or increases to above the maximum allowed under the Regulations for your unit size, we may terminate this lease or at our option require that you move to a different-sized unit.
8. Maintenance
You shall keep the premises and all fixtures, accessories, and appliances in a clean, sanitary, and safe condition. If you or your guests cause or permit damage to the premises, you shall be liable for the cost of repair.
9. Remodeling and Alterations
You shall not undertake any remodeling, redecoration, or alteration, including built-in shelving, painting, wallpapering, and window covering, to the premises without receiving our prior written permission.
10. Rules
You shall comply with written rules we issue regarding use of the premises and common areas. Any amendment to the rules shall be effective 30 days after the notice thereof to you. You shall not cause or permit on the premises or common area, excessive noise or any other activity that disturbs the peace and quiet of other residents or neighbors. You shall not cause or permit any activity constituting a nuisance on or about the premises or which adversely affects the health or safety of any person, nor shall you interfere with the management of the premises. By initialing as provided, you acknowledge receipt of a copy of such rules, a copy of which is attached to and made a part of this lease. (Initials).
11. Sublease or Assignment
You shall not sublease or assign this lease or any portion thereof. If you attempt to sublease or assign this lease, the lease shall be null and void and no right to occupy the premises shall arise from any attempted sublease of assignment.
12. Entry and Inspection
a. We or our agent may enter and inspect the premises after giving reasonable notice to you for the purpose of:
b. Making necessary or agreed upon repairs;
c. Inspecting for compliance with the terms of this lease; d. Showing the premises to prospective lenders, purchasers, residents, contractors, repair workers, or representatives from the project;
e. Performing contracted pest control services;
f. Conducting annual and any other inspections.
Twenty-four hours notice or more shall be considered reasonable notice for the purpose of entry and inspection. In addition, we or our agent may enter the premises without notice if necessary in any emergency.
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4 13. Joint Responsibility
You must be 18 years of age or older and not under the care of a parent or guardian to sign this lease. You acknowledge that this lease is between us and each person executing this lease jointly and individually. In the event of default by any one, each and every person who executed the lease shall be responsible for payment of the total rent stated in Section 3 or amended by Section 4 and all other provisions of the lease.
14. Hold Harmless and Waiver
We do not provide insurance for your personal property. You agree to indemnify and hold us harmless and in no way accountable for personal injury and or property damage caused or permitted by you or any other person on the premises with your consent except as may be caused by our negligence.
Security. Resident acknowledges that Landlord has made no representations that the property is a "secure" complex and that Resident is safe from theft, injury or damage. Gates, fences and locks are provided primarily for the protection of Landlord's property and are not warranties of protection or are they specifically provided for the protection of Resident's or guests' persons or property. Resident shall take appropriate measures to protect Resident's own property and report to the Police any suspicious activities, person or persons occurring on or about the general premises.
Liability/Damage Responsibility. Resident agrees to hold Landlord harmless from all claims of loss or damage to property and of injury or death to persons caused by the intentional acts of negligence of the Resident, Resident's guests or invitees, or occurring on the premises rented for Resident's exclusive use.
Resident expressly absolves Landlord from any and all liability for any loss or damage to Resident's property or effects arising out of water leakage, or breaking pipes, or theft, or other causes beyond the reasonable control of Landlord. This includes damage to Resident's or guest's vehicles while parked on the property. In the event the premises are damaged by fire or other casualty covered by insurance, Landlord shall have the option either to:
1. Repair such damage, this Agreement continuing in full force and effect; or
2. Give notice to Resident terminating this Agreement.
Landlord shall not be required to repair or replace any property brought onto the premises by Resident.
Resident agrees to accept financial responsibility for any damage to the premises from fire, water or casualty caused by Resident's negligence. Resident is encouraged to carry a standard renter's policy or as an alternative, warrants that Resident will be financially responsible for losses not covered by Landlord's fire and extended coverage insurance policy. In no event shall Resident be entitled to any compensation or damage due to any extra expenses, annoyance, or inconvenience for loss of use due to a casualty beyond the control of the Landlord.
15. Possession
If we are unable to deliver possession of the premises at the time the lease begins, we shall not be liable for any damage caused thereby, nor shall this lease be void or voidable, but you shall not be liable for rent until possession is delivered. You may terminate this lease by written notice to us if possession is not delivered within three days of the beginning of the terms of this lease.
16. Your Obligations
You agree to:
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5 a. Comply with all obligations imposed upon you by applicable provisions of state and local building codes materially affecting health and safety.
b. Keep the premises and such other areas as may be assigned for your exclusive use in a decent, clean, sanitary, and safe condition and the inside of premises maintained according to acceptable housekeeping standards.
c. Dispose of all garbage, rubbish, and other waste from the premises in a sanitary and safe manner including Paragraph 5 of the House Rules.
d. Use only in a reasonable manner and in a manner designed to conserve gas, electricity and water: all electrical, plumbing, sanitary, heating, ventilating, and other facilities and appliances. e. Promptly notify us of the need of repairs to the premises and known unsafe conditions in the common areas and grounds of the project.
f. Refrain from and cause your household and guests to refrain from destroying, defacing, or removing any part of the premises or project, including placing contact paper, decals, or paint on the premises. g. Pay for repairs or damage to the premises, project building, facilities, or common areas that you or your household or guests intentionally or negligently caused. h. Conduct yourself and cause other persons who are on the premises with your consent to conduct themselves in a manner which will not disturb neighbor's peaceful enjoyment of their accommodations and will be conducive to maintaining the project in a decent, safe, and sanitary condition. i. Refrain from any illegal activities.
j. Park in assigned parking areas and cause guests to park only on the street and not park in resident parking areas, common driveways or lawn areas, and not block access to other residents or emergency vehicles.
k. Comply with the written rules described in Section 10 above.
17. Our Obligations
We agree to:
a. Comply with the requirements of applicable state and local building and housing codes and regulations materially affecting health and safety.
b. Within a reasonable time, make necessary repairs to the premises to keep them in habitable condition. c. Keep project building, facilities, and common areas, not otherwise assigned to tenants for maintenance and upkeep, in a clean and safe condition.
d. Maintain in good and safe working order and condition smoke detectors, electrical, plumbing, sanitary, heating, ventilating, and other facilities and appliances supplied or required to be supplied by us.
18. Termination and Eviction
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6 a. You may terminate residency by giving 30 days advanced written notice to us. If you do not give the full 30-day notice, you shall be liable for the rent up to the end of the 30 days from which notice was required, or to the date the unit is re-rented, whichever comes first. You agree to vacate the premises no later than the expiration date of such notice, remove all your personal property, and leave the premises clean and in good repair, normal wear and tear excepted. b. We may terminate your residency in the premises, if after the household size certification required by Section 4 of this lease, you no longer meet the occupancy standards for the premises. You shall vacate the premises no longer than sixty days from such receipt of notice of termination. c. If the unit you occupy is subject to state or federal rules governing low-income housing tax credits, those eligibility provisions shall govern continued eligibility for occupancy. d. We may terminate this lease and, if necessary, evict you if:
1. You fail to move out of the premises on or before the effective date of termination given in the notice required in Subsection 18-A above.
2. You materially breach the terms of this lease. A material breach means:
(a) Nonpayment of rent or any financial obligation under the lease after expiration of a 3-Day Pay or Quit Notice, or
(b) Four or more late rent payments within any 12-month period received after the fifth day of the month, or four or more lease violations of any kind in any 12-month period. (c) Failure to reimburse us within 30 days or other reasonable time agreed upon by you and us for repairs required to maintain the premises (Section 8 of this lease), or (d) A breach resulting in damages to the premises or any other portion of the project, or (e) A breach which adversely affects the health, safety, or quite enjoyment of any resident or visitor to the premises, or
(f) A breach which interferes with our responsibilities. (g) Any illegal activities.
3. You fail or refuse to provide the income information upon income certification required by Section 4 of the Lease or intentionally provide false or incomplete information. e. Any notice of termination or eviction shall contain a statement of the facts constituting the cause for the termination or eviction. In any eviction we shall have the right to recover reasonable attorney fees and costs in addition to any other judgements.
19. Waiver
This is the entire agreement and this agreement will not be modified except in writing and signed by all parties.
Our failure to insist upon the strict performance of the terms, covenants, agreements, and conditions contained herein, or any of them, shall not constitute, or be construed as a waiver or relinquishment of our right thereafter to enforce any such term, covenant, agreement or condition, but the same shall continue in full force and effect.
20. Megan's Law Notice: Assembly Bill 488 and the California Department of Justice, sheriff's departments, police departments servicing jurisdictions of 200,000 or more provides the public with Internet access to 385
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7 detailed information on registered sex offenders pursuant to paragraph (1) of subdivision (a) of Section 290.4 of the Penal Code. The database is updated on a quarterly basis and is a source of information about the presence of these individuals in any neighborhood. The law is not intended to punish the offender and specifically prohibits using the information to harass or commit any crime against an offender. http://www.meganslaw.ca.gov.
21. Additional Lease Provisions
Additional provisions are incorporated and attached to this lease as:
(1) House Rules and Regulations
(2) Lease Addendum of Drug and Crime-Free Housing
(3) Low-Income Housing Tax Credit Lease Rider – Good Cause for Eviction (4) Low-Income Housing Tax Credit Lease Rider – Income Cert, Verification, False Stmnts (5) Mold/Moisture Disclosure Statement / Mold & Mildew Addendum (6) Satellite Dish Installation Form
(7) Tax Credit Addendum
22. Acknowledgement
As consideration for your continued fulfillment of the terms and conditions of this lease, we agree that you may, during the effective period of this lease, have and enjoy the use of the premises described above.
Management: Hyder Property Management
Professionals Co-Resident:
Name
By: _ Date:
Co-Resident:
Title Name
Date: Date:
Co-Resident:
Date:
Co-Resident:
Date:
\WORD\TaxCreditLease 12/8/05
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\WORD\RulesReg.all Rev.5/16/2011
1 RULES AND REGULATIONS
Project Name
FORWARD
The rules and regulations contained in this handbook are an important addition to the lease agreement that you have signed.
Each tenant is responsible to become acquainted and comply with its contents. It should be retained on file with your copy of the lease agreement.
This apartment project is operated in accordance with the laws, policies and standards prescribed by the Governing Agency.
The information in this handbook defines tenant-management responsibilities. The responsibilities stated herein to be accomplished by the tenant are not considered more than could be expected of any prudent homeowner or tenant. Your support will enable us to continue to administer this project and maintain a high standard which will merit your pride as an individual in this community.
The insurance policy that the owner carries does not insure the property of the tenants. Your personal property (furniture, clothes, vehicles, etc.) is not covered by our insurance. We urge you to buy a Renters Insurance Policy to cover your personal belongings. These policies are inexpensive and available from almost any general insurance agent.
If you need our assistance as your Managing Agent, please contact us at 1649 Capalina Road, Suite 500, San Marcos, CA 92069-1226 or call us at (760) 591-9737.
HYDER PROPERTY MANAGEMENT PROFESSIONALS
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2 RULES AND REGULATIONS
I. Office hours are posted at the office. In case of emergency you may reach the managers at their apartment, or call 911.
II. Rent Payment
Rent payments are to be made at the office during regular office hours, either in person or by U. S. Mail.
For tenants who receive their income by mail, accommodations can be made for slow mail delivery or unusual mailing dates by contacting the manager in the office in advance.
Any tenant who has not paid their rent by the end of the grace period will be assessed a late charge unless prior written approval has been obtained from the manager.
Rent payments are to be made with cashiers check, certified check, money order or valid personal check. There will be an additional charge as allowed by the Agency(ies) on any check returned by the bank, except HUD properties. HUD requires that an additional fee for NSF returned checks is allowed beginning with the SECOND time a NSF check is returned.
The manager is required to give each tenant a numbered receipt, showing the project name upon payment of the rent or any other payments except redeeming a bad check. The receipt must be dated and for the exact amount paid. KEEP YOUR RECEIPTS - THEY ARE FOR YOUR PROTECTION!
III. Definitions of Responsibilities
A. Maintenance of the apartment units and cleanliness of the adjoining grounds is a joint responsibility of the tenant and manager. Both are obligated to take care of and to prevent damage to the apartment, the apartment building, and the adjoining grounds, shrubbery and trees.
B. The tenant agrees to the following:
1. No pets or animals of any kind are permitted on the premises without the prior written consent of the manager.
2. To use the laundry facilities at their own risk and to assist in keeping these facilities clean. Not to use the laundry for storage, entertainment or play area. The project owner or manager is not responsible for loss or damage to personal property. Hallways, balconies, railings, fences and patios will not be used for the drying of clothes.
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3 3. Not to allow the firing of firearms, air rifles, pellet guns, sling shots or other projectile devices on the property, or throw objects at, or from the apartments.
4. Not to allow skate boarding, roller skating, recreational bicycling or any other similar activity on the premises.
5. To give the manager your current home and work phone number during the term of this Agreement.
6. No water lines and/or electrical extension cords are to be extended outside the apartment.
7. Not to allow any guest to stay on the premises beyond that allowed in the lease, or longer than a total of 14 days and nights in any 45-day period, whichever is shorter without the prior written consent of the manager.
8. Not to store any personal property anywhere except inside their unit. Patios and balconies are not storage areas, however, bicycles may be kept on patios and balconies.
9. There will be a charge of $25.00 to any tenant who needs assistance in reentering his apartment because he locked himself out after 8:00 p.m. if the manager is available. Tenants may hire a locksmith at their own expense to open their apartment but not to change the lock.
10. Not to allow objects to be hung, placed on, or suspended from the buildings, fences, or rails on the premises.
11. No other water filled furniture is allowed unless approved through reasonable accommodation.
12. Not to alter any lock or install a new lock on any door of the premises without the prior written consent of the manager. In case such consent is given, tenant shall provide the manager with a key for the use of management pursuant to management's right to access the premises.
13. Door, mailbox keys, and security keys must be returned to the manager at the time resident vacates. If not, the tenant will be charged the cost of changing the locks and replacing the keys.
14. Exterior antennas of any kind are prohibited except as allowed by law.
15. Any alteration that will affect the apartment community's outward appearance, such as installing drapes, must be approved in advance by the manager in writing. No foil, sign, advertisements or similar display shall be 389
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4 affixed to any door, window or exterior wall so as to be visible from the outside of the building.
16. Not to allow the posting of signs, notices or advertisements on the premises except on the bulletin board.
17. Not to violate any laws, ordinances or other legal provisions of Federal, State, County or Local Community, and not to conduct a business or any type of "Sales" on the property.
18. Tenants are responsible for the proper control of their guests and to ensure respect for the neighbors' right to privacy. Occupants or guests are not permitted to play in streets, parking areas, trees, laundry rooms, corridors, walkways, on fences, or in entranceways or stairways.
19. Damage caused by occupants or guests will be repaired and charged to the tenant. Lessee will keep occupants or guests from writing on or otherwise damaging floors, sidewalks, and the interior and exterior walls of buildings.
20. No wading pools will be placed on lawns or any other landscaped areas.
C. Parking & Parking Areas:
1. To register with the office the current vehicle description and license number of all vehicles parked on the complex and provide proof of insurance.
2. No repairs or fluid changes may be performed on vehicles anywhere on the premises.
3. The parking of house trailers, camper shells, motor homes, boats, utility trailers or similar type vehicles or any vehicle used for storage is prohibited.
4. No vehicle may be parked on the premise that is longer than 18 feet or wider than 6 feet or higher than 6 feet without prior written approval of the manager.
5. Car washing is not permitted on the premises.
6. Inoperative vehicles and vehicles without a current legal license plate or uninsured vehicles are not allowed in parking areas. Tenant agrees that such vehicles will be towed away at tenant's expense after placing notification on vehicle three (3) days in advance, (72 hours), including all weekends and holidays.
7. Do not park in "no parking" areas. These areas must remain clear at all times 390
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5 to permit access by emergency vehicles and service vehicles. Vehicles parked in these areas will be towed away immediately at the owner's expense without notice!
8. Always park between striped lanes only. No parking in any other areas.
9. No unit will have more than the approved number of vehicles on the project at anytime without the prior written approval of the manager. The approved number for this project is .
10. No gas-operated vehicles or machines will be stored inside the unit or on patios, breezeways or balconies at any time.
11. Vehicles causing damage to the parking areas from oil or other leaks must be removed. Tenant agrees that such vehicles may be towed away at tenant's expense after 72-hours notice, including weekends and holidays.
D. Repair and Maintenance:
1. Tenants are responsible for the cleanliness of their apartment as would be expected of a prudent homeowner. Maintenance repair requests need to be reported to management. Request for maintenance must be made by phone or in person to the office during normal office hours. No maintenance orders can be taken except through the office. The manager and/or agency will make periodic inspection of each unit upon giving you a 24-hour prior written notice.
2. All damage to the unit will be charged to the tenant in possession.
3. Fine nail picture hangers may be used (not to exceed 3/4" long). Large nails or screws are not permitted.
4. Window covers: Tenants are responsible for damage beyond normal wear and tear to window coverings. Water stains are the responsibility of the tenant, so please close windows when it is raining. Tenants may install their own drapes or other window covering only with the prior written consent of the manager.
5. Modification or extension of the electrical system is prohibited.
6. Modification or alteration of the plumbing and piping system is prohibited.
7. Replacement of interior light bulbs is the tenant's responsibility.
8. Place all trash in dumpsters. Flatten or tear apart all boxes and cartons before placing in dumpsters. Garbage not suitable for the garbage disposers should be thoroughly wrapped and placed inside dumpsters. 391
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6 9. The control of insects and rodents is a joint responsibility of the tenant and manager. Insects and rodents must have food and water to exist and multiply. Good housekeeping practices and cleanliness will eliminate the source of food and water thus reducing the pest population. The tenant is responsible to take preventative measures such as periodic placement of roach tablets, and spraying in appropriate places. If this fails, assistance should be obtained from the manager.
E. Mail
1. Furnish a change of address card to the Post Office.
2. Advise all your correspondents to include your apartment number in the address.
3. Notify manager of all prolonged absences. All mail must be held for you by the post office. Manager cannot accept or hold your mail or any other deliveries. Any such delivery will be rejected.
F. Quiet Enjoyment
No tenant will make or allow to be made any disturbing noises upon the premises by himself, his family, employees, agents, visitors, etc., nor permit anything to be done by such persons that will interfere with the rights, comforts, or convenience of other tenants. No tenant shall play upon or allow to be played upon, any musical instrument or operate or allow to be operated a record player, stereo equipment, radio, or television in the premises so as to disturb any neighbor.
G. No Security Guards or Services to be Provided.
You acknowledge and understand that landlord or agent will not provide any security personnel, security guards or security services with respect to the Project and that we are not responsible or liable for any criminal acts or damage and, to the extent permitted by law, you hereby waive all claims against us relating thereto.
You additionally acknowledge and agree that we will not be liable for losses due to theft, vandalism or the like and further agree that you will indemnify and hold the landlord and managing agent harmless from and against any and all claims, liabilities, expenses, causes of action or damages occurring, arising out of, or relating to the Project including, but not limited to, acts of third parties on or adjacent to the Project. Again, we urge each tenant to get renter's insurance.
Failure of the management or owner to insist on the strict performance of the requirements in the rental agreement or the rules and regulations or any of them will not constitute a waiver or relinquishment of the mangers or owners rights thereafter to enforce any such agreement or rule, but the same shall continue in full 392
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7 force and effect.
In accordance with the Rental Agreement, these House Rules now become a part of that Rental Agreement.
IN WITNESS WHEREOF, the parties have executed this agreement in duplicate on the date set forth below at , California.
TENANT DATE
TENANT DATE
TENANT DATE
MANAGEMENT/OWNER DATE
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Item # 15.
LEASE ADDENDUM OF DRUG AND CRIME-FREE HOUSING
In consideration of the execution of renewal of a lease of the dwelling unit identified in the lease, Owner and Tenant agree as follows:
1. Tenant, any members of the tenant's household, or a guest or other person under the tenant's control shall not engage in criminal activity, including drug-related criminal activity, on or near the property's premises. "Drug-related criminal activity" means the illegal manufacture, sale, distribution, use or possession with intent to manufacture, sell, distribute, or use of a controlled substance (as defined in Section 102 of the Controlled Substance Act (21 U.S.C. 802).
2. Tenant, any member of the tenant's household, or a guest or other person under tenant's control shall not engage in any act intended to facilitate criminal activity, including drug-related criminal activity, gang activity, or illegal defacement of property with graffiti, on or near public property and premises.
3. Tenant or members of the household will not permit the dwelling unit to be used for, or to facilitate criminal activity, including drug-related criminal activity, regardless of whether the individual engaging in such activity is a member of the household or a guest.
4. Tenant or members of the household will not engage in the manufacture, sale, or distribution of illegal drugs at any location, whether on or near project premises or otherwise.
5. Tenant or members of the household, or a guest or other person under tenant's control shall not engage in acts of violence, including but not limited to, the unlawful discharge of firearms, threatening and/or brandishing of weapons likely to cause serious bodily injury, or acts likely to provoke an act of violence on or near property premises.
6. VIOLATION OF THE ABOVE PROVISIONS SHALL BE A MATERIAL VIOLATION OF THE LEASE AND GOOD CAUSE FOR TERMINATION OF TENANCY. A single violation of any of the provisions of this added addendum shall be deemed a serious violation and a material noncompliance with the lease. It is understood and agreed that a single violation shall be good cause for termination of the lease. Unless otherwise provided by law, proof of violation under this Addendum shall not require criminal conviction, but may exist by a preponderance of the evidence.
7. In case of conflict between the provisions of this Addendum and any other provisions of the lease, the provisions of the Addendum shall prevail.
8. This Lease Addendum is incorporated into and shall become a part of the original lease or any renewal of said Lease between Owner and Tenant.
Date: Date:
OWNER TENANT
CO-TENANT
WORD\Drug-CrimeFreeLeaseAddendum
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Item # 15.
RESIDENT NOTIFICATION LETTER
As a Resident of (name of property), a development funded under the Low Income Housing Tax Credit program, you have certain rights stated in your lease and the Lease Rider attached. Your landlord must follow the federal and state rules for the Housing Tax Credit Program. One of the important protections provided by federal law is that you cannot be evicted from your home without a good reason, or “good cause”.
Your landlord may not evict you without good cause. Good cause is generally serious or repeated violations of the terms of your lease. The landlord must state the good cause in any notice seeking to terminate your tenancy. If you contest the eviction, the landlord must then file a court action and prove the good cause to a judge.
Attached are a Notice and “Lease Rider” that outline the protections you can enforce. The attached Lease Rider should already be signed by your landlord. You and all members of your household aged 18 or older must also sign the Lease Rider and return it to your landlord by (date).
The Lease Rider only needs to be signed at initial move-in. If at any time additional adult household members enter the unit or a child turns 18, they should sign the existing form with the current date. You may view the current Lease Rider Form at the following web site:
http://www.treasurer.ca.gov/ctcac/compliance/leaserider. If you do not have Internet access, you may call (916) 654-6340 and request a copy of the current form.
If you have any questions concerning this matter, please contact your Resident Manager , or your landlord at .
Sincerely,
Property Representative Name (print) (Property Name) Date Encl:
(1) Lease Rider
(2) Notice - Good Cause Eviction Protection
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LOW INCOME HOUSING TAX CREDIT LEASE RIDER
(to be attached to resident lease)
Property Name:
Household Name:
Unit #
Dear Resident or Applicant:
The owner(s) of this property rents residential units under the federal Low-Income Housing Tax Credit Program (the “program”) administered by the California Tax Credit Allocation Committee (TCAC). Under the program, the owner has agreed to rent some or all of the units in the property to low-income households and restrict the rents for those units. Another protection provided by federal law is that Low Income Tenants may not be evicted without good cause.
The following Lease Rider is an important part of ensuring your rights to good cause for eviction.
The Lease or Rental Agreement dated is hereby amended by adding the following provision:
Lease Rider: Good Cause for Eviction
Owner may not terminate the tenancy the Lease or rental agreement of a Low Income Tenant except for good cause, including a serious or repeated violation of the material terms and conditions of the Lease, or a violation of applicable Federal, State, or local law. To terminate the tenancy the Lease, Owner must provide written notice to the tenant of the grounds with sufficient specificity to enable the tenant to prepare a defense. The notice must be served at least three days before the termination of tenancy, and must comply with all requirements of California law and other applicable programs. Tenant has the right to enforce this requirement in state court, including presenting a defense to any eviction action brought by Owner.
To the extent that any terms contained in the Lease or rental agreement, or any other agreement between the owner and the tenant, contradict the terms of this Rider, the provisions of this Rider shall control.
By signing below, I indicate my consent to this Lease Rider:
Property Representative Name (print) (signature) Date
************************************************************************************* By signing below, I indicate my consent to this Lease Rider. I/we have been given a copy of this Lease Rider.
Resident or Applicant Name (print) (signature) Date
Resident or Applicant Name (print) (signature) Date
Resident or Applicant Name (print) (signature) Date
Resident or Applicant Name (print) (signature) Date
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Item # 15.
NOTICE – GOOD CAUSE EVICTION PROTECTION
As a resident in a “Housing Tax Credit Program” rental unit, you have a right to continue living in your rental unit unless you do something that gives your landlord “good cause” to evict you. This notice provides basic information about your rights.
Why are you being notified of your right against eviction without “good cause”? The federal law that created the Housing Credit Program requires this protection. The California Tax Credit Allocation Committee requires your landlord to notify you and amend your lease.
You and your landlord must also sign the “Lease Rider” to make this important resident protection part of your lease. This “Lease Rider” has already been signed by your landlord and should be attached to this notice for your signature.
What is “good cause” for your landlord to evict or to terminate your tenancy? There is no specific list of “good causes” to evict residents. Rather, this matter has been left to the courts to decide and define. However, your landlord would have “good cause” if you commit a serious or repeated violation of the significant terms of your lease. Some examples of what might be considered good cause are failure to pay rent on time, failure to cooperate with legal recertification requirements, and engaging in illegal activity on the premises.
What if your lease does not yet include protection against being evicted without “good cause”?
Even if your lease does not state this protection, you have the right NOT to be evicted without “good cause.” To strengthen this protection, you should immediately sign and return the “Lease Rider.”
What procedures must the landlord follow to evict me?
Before you can be evicted, your landlord must give you a written notice of the reasons – the “good cause” – that is specific enough for you to present a defense if you wish. You do not have to move out after the notice if you believe there is no good cause. Whether you agree or disagree with the notice, you should never ignore it. If you choose to stay and contest the eviction, the landlord must file and serve you with a court action, called an “unlawful detainer”.
This court action must be based on the same good cause stated in the notice. You have the right to show why there is not good cause at a hearing in court. The judge will then decide whether the landlord has shown good cause. You only have to leave the premises if the court orders you to do so.
IMPORTANT! If you receive an eviction notice or court papers, you should contact an attorney immediately for legal advice.
Who should you contact if you have more questions?
Please contact your resident manager, local legal services office, local housing rights organization, or a private attorney.
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LOW-INCOME LEASE RIDER
THIS RIDER, AN INCOME CERTIFICATION, AND AN
EMPLOYER VERIFICATION MUST BE OBTAINED FROM
ALL TENANTS OF APARTMENTS FOR WHICH LOW-INCOME
HOUSING TAX CREDITS ARE REQUIRED.
===================================================================== Tenant:
(If there is more than one adult occupant, each one must complete and sign a rider.) Lease Date:
Apartment:
Building Address:
The undersigned tenant hereby certifies and agrees as follows:
1. Income Certification. My attached income certification is true, correct, and complete. I agree to provide a similar certification annually upon request during the term of my occupancy.
2. Employer Verification. The landlord or property manager has my permission to verify my income from my employer, using the attached form now and on an annual basis.
3. False Statements. If my income certification and/or any lease application submitted by me is false, or if I fail to provide annual certifications, the landlord or property manager will have the right to terminate my lease and recover possession of my apartment.
I understand that the landlord and property manager are relying on my income certification in accepting me as a tenant, and that the landlord will be seriously harmed if my income does not qualify the apartment for low-income housing tax credits. This rider shall be considered part of my lease.
Date: , 20
Tenant:
(Signature)
\WORD\LOW-INC.RID.Tax Credit 3/04 6-39
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Item # 15.
Apartments
Mold & Mildew Addendum
Apartment #
This mold and mildew addendum dated , is attached to and made part of the lease dated (the "Lease") by and between
and Apartments.
As a part of the on-going maintenance control at Apartments, please understand that the above-stated apartment was inspected, cleaned and painted prior to your move-in.
Resident(s) acknowledge that is necessary for resident(s) to provide appropriate climate control, keep the unit clean, and take other measures to retard and prevent mold and mildew from accumulating in the unit. Resident(s) agrees to clean unit on a regular basis to remove visible moisture accumulation on windows, walls and other surfaces as soon as reasonably possible. Resident(s) agrees not to block heating, ventilation or air-condition ducts in the unit. Resident also agrees to immediately report to the management office:
1. Any evidence of water leak or excessive moisture in the unit as well as in any storage room, garage or common area.
2. Any evidence of mold or mildew-like growth that cannot be removed by simply applying a common household cleaner and wiping the area.
3. Any failure or malfunction of the heating, ventilation or air conditioning system in the unit.
4. Any inoperable windows and doors.
Resident further agrees that resident shall be responsible for damage to the unit and Resident's property as well as injury to Resident and Occupants resulting from Resident's failure to comply with terms of this Addendum.
A default under the terms of this Addendum shall be deemed material default under the terms of the Lease, and the Lessor shall be entitled to exercise all the rights and remedies by law or in equity. Except as specifically stated here, all other terms and conditions of the Lease shall remain unchanged. In the event of any conflict between the terms of this agreement and the terms of the Lease, the terms of this Addendum shall control. Any term that is capitalized but not defined in this Addendum that is capitalized and defined in the Lease shall have the same meaning for purposes of this Addendum as it has for the purposes of the Lease.
Resident Date Owner/Agent Date
Resident Date
Resident Date
\WORD\mold&mildew.addendum 1/28/03
399
Item # 15.
SATELLITE DISH INSTALLATION
Renters are now allowed to install dishes or certain other antennas in specific locations. The Federal Communication Commission (FCC) ruling enables tenants to install certain dishes on private balconies, porches or other area where the individual tenant has the exclusive use and other tenants do not share such area.
DISHES ARE PROHIBITED IN THE FOLLOWING AREAS:
1. Rooftops or fascias
2. Window sills
3. Common use areas such as balconies, stairways or yards
4. Outside walls or fences
Dishes may be installed on private patios or balconies; however no part of the dish or antennae may extend beyond the patio or balcony railing line.
No holes may be drilled in patio or balcony railings or window installations. No holes may be drilled in any part of the roof. No holes may be drilled in any exterior wall without prior written consent of the lessor.
Legitimatesafetyrestrictions will beimposed even in areas wheredishes or antennas arepermitted. Examples:
Fire codes, which prevent installation for evacuation reasons. Installations requiring a certain distance from power lines. Electrical codes that require certain types of grounding. Proper methods of securing antenna
Tenants who wish to install a dish or antenna must secure written consent from the management office before proceeding!
By signing below I agree to ask management’s approval prior to installing any type of Satellite Dish:
Tenant Date
Co-Tenant Date
Co-Tenant Date
Co-Tenant Date
Word/SatelliteDishInstall
400
Item # 15.
1 TAX CREDIT ADDENDUM
The following additional provisions are incorporated in full in the lease between , hereinafter called “Owner/Agent” and
, hereinafter called
“Tenant, for the premises at: , California,
hereinafter called “Premises”. In case of any conflict between these and any other provisions of the lease, these provisions shall prevail.
Disclosure. Tenant acknowledges the property is to be operated in accordance with the requirements of the Low Income Housing Tax Credit Program (Program) governed by Section 42 of the Internal Revenue Code. Tenant’s rights are subject to the eligibility requirements under the Program. Tenant must cooperate with landlord in certifying their eligibility for the Program. Tenant’s continued occupancy is subject to this eligibility and is subject to termination if tenant’s fails to comply with the program or any terms and conditions of this addendum.
Application Information. Tenant hereby certifies that the information supplied by tenant to landlord during the application process is accurate and complete in all respects.
Should landlord later become aware that tenant supplied false, incomplete or inaccurate information, landlord may terminate the lease immediately.
Breach. Each obligation of the lease, addendums, application and certification is material. Any violation thereof or misrepresentation of any information pertaining thereto shall constitute a material breach of the lease.
Income Certification. Tenant must be initially certified for the Program and will be recertified annually thereafter. Tenant has or will complete and execute an Income Certification Form prior to commencement of the lease term, and shall complete and execute further Income Certification Forms at Landlord’s request at least annually hereafter. Landlord will contact the tenant prior to the annual certification date to begin processing the necessary paperwork. It will be the responsibility of the tenant to fully cooperate and provide all necessary information. The recertification process may include an interview with management to determine continued program eligibility, verification of all income, asset and other eligibility information. Failure to provide accurate and timely income certification and/or re-certification will constitute a breach of the lease.
Rental Adjustments. Each year the maximum allowable rental rates and utility allowances are reviewed by the appropriate agencies and the rental rate is adjusted in accordance with these published changes by giving the tenant written notice as required by California law.
401
Item # 15.
2 Excessive Rents. If the landlord determines that the unit has become ineligible for the program due to the tenant paying more than the maximum amount of rent, including applicable utility allowance, then landlord shall pay tenant the amount of such excess.
Landlord shall use its best efforts to locate tenant to pay back the excess if tenant is no longer in possession of the premises.
Student Status. Tenant shall notify landlord in writing if there are any changes in the student status of anyone in the household, including replacement tenants or occupants occupying the premises at any time. Landlord may elect to terminate the lease or not renew the lease if anyone in the household becomes a student and landlord determines that the student status would adversely affect the eligibility of the “Premises” under the program.
Felony Conviction. Tenant shall notify landlord in writing if anyone in the household is convicted of a felony at any time. Landlord may elect not to renew this lease if anyone in the household is convicted of a felony and landlord determines that the felony status would adversely affect the eligibility of the “Premises” under the program. If the felony is committed on the premises, landlord may terminate the Lease immediately in accordance with California law.
Void Provisions. If any provision of this addendum is deemed to be unenforceable, the remaining provisions shall remain in full force and affect.
Good Cause for Eviction or Non-renewal of the Lease. Owner may not terminate the tenancy or refuse the Lease or rental agreement of a Low Income Tenant except for good cause, including a serious or repeated violation of the material terms and conditions of the Lease, or a violation of applicable Federal, State or local law. To terminate the tenancy or effuse to renew the Lease, Owner must provide written notice to the tenant of the grounds with sufficient specificity to enable the tenant to prepare a defense. The notice must be served at least three days before the termination of tenancy, and must comply with all requirements of California law and other applicable programs. Tenant has the right to enforce this requirement in state court, including presenting a defense to any eviction action brought by Owner.
Termination for non-compliance. Landlord may terminate the lease for any noncompliance by the tenant or any member of tenant’s household that adversely affects the federal tax exempt status of the “Premises’” under the program.
Landlord:
Property Name
Authorized Agent for Landlord
By:_ Date:
You are legally bound by this document. Please read it carefully. and sign on the following pages.
402
Item # 15.
3 Tenant:
Date:
Signature
Print name
Tenant:
Date:
Signature
Print name
Tenant:
Date:
Signature
Print name
Tenant:
Date:
Signature
Print name
403
Item # 15.
LEASE ADDENDUM
PUBLIC ACCESS DISCLOSURE
The following additional provisions are incorporated in full in the lease between , hereinafter called "Owner/Agent"
and , hereinafter called "Tenant", for the
premises known as Apartment # , at ,
California. In case of any conflict between these and any other provisions of the lease, these provisions shall prevail. The tenant agrees to the following:
Megan's Law Notice: Assembly Bill 488 and the California Department of Justice, sheriff's departments, police departments servicing jurisdictions of 200,000 or more provides the public with Internet access to detailed information on registered sex offenders pursuant to paragraph (1) of subdivision (a) of Section 290.4 of the Penal Code. The database is updated on a quarterly basis and is a source of information about the presence of these individuals in any neighborhood. The law is not intended to punish the offender and specifically prohibits using the information to harass or commit any crime against an offender. http://www.meganslaw.ca.gov.
Owner/Agent Tenant Date
Authorized Representative Tenant Date
Date Tenant Date
Megan’sLawLeaseAddendum-All-3/14/06
(Use Only If Not Already In Lease)
404
Item # 15.
Bedbug Addendum
This community has a comprehensive plan of action to follow when we encounter bedbugs in our community. Bedbugs are now a pandemic, not just here in the United States, but around the world. Following a systematic plan will ensure that issue is mitigated quickly and will protect other residents, family members, and guests in the community. Every effort is made to protect residents from the social embarrassment associated with having a bedbug infestation. Because self-treatment poses extreme dangers to residents and family, we require that a licensed pest management professional be engaged to help respond and treat infested apartments. Without full cooperation of the resident, this treatment program will not be successful. Because involving a pest management professional in the eradication plan is very difficult and costly, we require residents to cooperate fully in the treatment solution and policies relating to controlling bedbug infestations.
Integrated pest management requires that the resident, landlord and pest management professional work together. Lack of cooperation will result in termination of tenancy.
This Bedbug Addendum (this “Addendum”) is made and entered into as of this day of , 20 by and between (the “Landlord”) and (the “Resident”). This Addendum will acknowledge that all parties are aware of bedbug issues and will cooperate throughout the tenancy to deal with potential issues.
Landlord has inspected the unit and is aware of no bedbug infestation upon move-in on .
Resident(s) claim that all furnishings and personal properties to be moved into the premises are free of bedbugs (Resident Initials) (Resident Initials) (Resident Initials) Resident(s) hereby agree to prevent and control possible infestation by adhering to the below list of responsibilities for the duration of the tenancy:
1. Inspection. Check for hitch-hiking bedbugs. If you stay in a hotel or another home, inspect your clothing, luggage, shoes and personal belongings for signs of bedbugs before re-entering your apartment.
Check backpacks, shoes and clothing after using public transportation or visiting theaters. After guests visit, inspect beds, bedding and upholstered furniture for signs of bedbug infestation.
2. Duty to Report. Resident shall report any problems immediately to Owner/Agent. Even a few bedbugs can rapidly multiply to create a major infestation that can spread to other units. Manager will then be given access to rental unit for inspection within 24 hours of Resident being given written notice.
3. Mandatory Cooperation. Resident shall cooperate with pest control efforts. If your unit or a neighbor’s unit is infested, a pest management professional will be called in to inspect and eradicate the problem.
4. Bed Bug Treatment. In the event of a bedbug issue, Resident agrees to execute the “Bed Bug Treatment Agreement” attached as Exhibit A. In addition, Resident must comply with recommendations and requests from the pest control specialist prior to professional treatment including but not limited to:
a. Place all bedding, drapes, curtains and small rugs in plastic bags for transport to laundry or dry cleaners.
b. Heavily infested mattresses are not salvageable and must be sealed in plastic and disposed of properly. Call Management for removal and disposal. Empty dressers, night stands and closets. Remove all items from floors and bag all clothing, shoes, boxes, toys, etc.
Bag and tightly seal washable separately from non-washable items. Used plastic bags must be disposed of properly.
Bedbug Addendum - 1
405
Item # 15.
c. Wash all machine-washable bedding, drapes, and clothing, etc. on the hottest water temperature and dry on the highest heat setting. Items that cannot be washed must be taken to a dry cleaner who MUST be informed of the issue. You must safely discard ALL items that cannot be decontaminated.
d. Vacuum all floors, including the inside of closets. Vacuum all furniture including inside drawers and nightstands, mattresses and box springs. Carefully remove vacuum bags, sealing them tightly in plastic and discarding of properly. Use a brush attachment to dislodge eggs.
e. Move furniture toward the center of the room so that technicians can easily treat carpet edges where bedbugs congregate, as well as walls and furniture surfaces. Items must be removed from the closets to allow for treatment.
5. Indemnification. Resident agrees to indemnify and hold the Landlord harmless from any actions, claims, losses, damages and expenses including but not limited to attorneys’ fees that Landlord may incur as a result of the negligence of the Resident(s) or any guest occupying or using the premises.
6. Property Insurance. It is acknowledged that the Landlord shall not be liable for any loss of personal property to the Resident, as a result of an infestation of bedbugs. Resident agrees to obtain personal property insurance to cover such losses.
7. Default. Any Default of this Addendum or of the Lease by Resident shall entitle Landlord to pursue all rights and remedies available under this Addendum, the Lease, or applicable law including, but not limited to, terminating the Resident’s right to possession of the premises for material non-compliance.
The following will be considered material non-compliance of the Lease and Addendum:
a. Any misrepresentation by the Resident in this Addendum. b. Refusal to execute the Bed Bug Treatment Agreement.
c. Failure to promptly notify the Landlord of the presence of bedbugs. d. Failure to adequately prepare for treatment in the sole discretion of the pest control professional.
e. Refusal to allow the Landlord to inspect the premises. f. Failure of the Resident to have personal property insurance to cover damage or losses to furniture.
g. Any action that prevents treatment of the Unit or potentially exasperates or increases the bedbug issue.
8. Conflicts. To the extent that the terms of this Addendum are inconsistent with the terms of the Lease, the terms of this Addendum shall control.
By signing below, the undersigned Resident(s) agree and acknowledge having read and understood this addendum.
Dated: / /
Resident
Resident Date
Community Manager
Bedbug Addendum
Hyder Property Mgmt
10/30/2013
406
Item # 15.
VIOLENCE, DATING VIOLENCE U.S. Department of Housing OMB Approval No. 2502-0204 OR STALKING and Urban Development Exp. 6/30/2017
Office of Housing
LEASE ADDENDUM
VIOLENCE AGAINST WOMEN AND JUSTICE DEPARTMENT REAUTHORIZATION ACT OF 2005 TENANT LANDLORD UNIT NO. & ADDRESS
This lease addendum adds the following paragraphs to the Lease between the above referenced Tenant and Landlord.
Purpose of the Addendum
The lease for the above referenced unit is being amended to include the provisions of the Violence Against Women and Justice Department Reauthorization Act of 2005 (VAWA).
Conflicts with Other Provisions of the Lease
In case of any conflict between the provisions of this Addendum and other sections of the Lease, the provisions of this Addendum shall prevail.
Term of the Lease Addendum
The effective date of this Lease Addendum is . This Lease Addendum shall continue to be in effect until the Lease is terminated.
VAWA Protections
1. The Landlord may not consider incidents of domestic violence, dating violence or stalking as serious or repeated violations of the lease or other “good cause” for termination of assistance, tenancy or occupancy rights of the victim of abuse.
2. The Landlord may not consider criminal activity directly relating to abuse, engaged in by a member of a tenant’s household or any guest or other person under the tenant’s control, cause for termination of assistance, tenancy, or occupancy rights if the tenant or an immediate member of the tenant’s family is the victim or threatened victim of that abuse.
3. The Landlord may request in writing that the victim, or a family member on the victim’s behalf, certify that the individual is a victim of abuse and that the Certification of Domestic Violence, Dating Violence or Stalking, Form HUD-91066, or other documentation as noted on the certification form, be completed and submitted within 14 business days, or an agreed upon extension date, to receive protection under the VAWA. Failure to provide the certification or other supporting documentation within the specified timeframe may result in eviction.
Tenant Date
Landlord Date
Form HUD-91067
(9/2008) 407
Item # 15.
Race and Ethnic Data U.S. Department of Housing OMB Approval No. 2502-0204 Reporting Form and Urban Development (Exp. 06/30/2017)
Office of Housing
Name of Property Project No. Address of Property
Name of Owner/Managing Agent Type of Assistance or Program Title:
Name of Head of Household Name of Household Member
Date (mm/dd/yyyy):
Ethnic Categories*
Select
One
Hispanic or Latino
Not-Hispanic or Latino
Racial Categories*
Select
All that
Apply
American Indian or Alaska Native
Asian
Black or African American
Native Hawaiian or Other Pacific Islander
White
Other
*Definitions of these categories may be found on the reverse side.
There is no penalty for persons who do not complete the form.
Signature Date
Public reporting burden for this collection is estimated to average 10 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This information is required to obtain benefits and voluntary. HUD may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number.
This information is authorized by the U.S. Housing Act of 1937 as amended, the Housing and Urban Rural Recovery Act of 1983 and Housing and Community Development Technical Amendments of 1984. This information is needed to be incompliance with OMB-mandated changes to Ethnicity and Race categories for recording the 50059 Data Requirements to HUD. Owners/agents must offer the opportunity to the head and cohead of each household to “self certify’ during the application interview or lease signing. In-place tenants must complete the format as part of their next interim or annual re-certification. This process will allow the owner/agent to collect the needed information on all members of the household. Completed documents should be stapled together for each household and placed in the household’s file. Parents or guardians are to complete the self-certification for children under the age of 18. Once system development funds are provide and the appropriate system upgrades have been implemented, owners/agents will be required to report the race and ethnicity data electronically to the TRACS (Tenant Rental Assistance Certification System). This information is considered non-sensitive and does no require any special protection. 1 form HUD-27061-H (9/2003) 408
Item # 15.
TENANT CONTACT LOG
TENANT: UNIT #:
DATE WHO, WHAT, and WHERE ACTION TAKEN
\Word\TenantContactLog-1/4/06
409
Item # 15.
Annual Recertification
Initial Notice
To: Date:
Dear :
As stated in Paragraph of your lease, the Tax Credit Allocation Committee (TCAC) who administers the “program” under Section 42 of the Internal Revenue Code requires that we review your income and family composition every year (365 days).
To complete our review of your income and family composition, you must meet with the Resident Manager and bring the below REQUIRED information with you to the interview:
1. Completed application
2. Employer's name and address (for all family members)
3. Name and address to verify any other income source (for all family members)
4. Name and address to verify family assets (for all family members) Your CUT OFF date is . This is the date that you are
REQUIRED to submit the above information and sign all applicable verification release forms.
We will send you reminder notices at120, 90, 60 and 30 days from your recertification date, . At these times you must contact the Resident Manager, , to schedule an appointment for an interview. The
phone number is: .
I have read and understand this letter describing the requirement for my participation in an annual recertification interview.
Signature of the Head of Family Date
Signature of Witness Date
InitialRecert-TCAC-2/2/06
4 410
Item # 15.
MOVE –IN/MOVE OUT INSPECTION REPORT
Project Name: Date of Inspection: In Out
Tenant Name: Unit # Number of Bedrooms Number of Baths MoveIn Date: . Move-Out Date:
Acceptable? Acceptable? Acceptable?
Kitchen
Yes
In/Out
No
In/Out Bedroom # 2
Yes
In/Out
No
In/Out Bathroom #1
Yes
In/Out
No
In/Out
Ceiling | | Doors | | Doors | |
Doors | | Walls | | Walls & Towel Bar | |
Walls | | Ceiling | | Ceiling | |
Floor | | Floor | | Floor | |
Stove/Oven | | Light Fixtures | | Toilet & Paper Reel | | Range/Hood | | Window & Screen | | Basin & Stopper | |
Refrigerator | | Window Covers | | Tub or Shower | |
Counter Tops | | Bedroom #3 Light Fixtures/ GFI | |
Sink/Disposer | | Doors | | Window/Vent Fan | |
Light Fixtures/ GFI | | Walls | | Bathroom #2
Cabinets & Under | | Ceiling | | Doors | |
Refrigerator Pan | | Floor | | Walls & Towel Bar | |
| | Light Fixtures | | Ceiling | |
Lv Rm/Dining Window & Screen | | Floor | |
Ceiling Fan | | Window Covers | | Toilet & Paper Reel | | Doors Incl. Screen | | Bedroom #4 Basin & Stopper | |
Walls | | Doors | | Tub or Shower | |
Ceiling | | Walls | | Light Fixtures/GFI | |
Floor | | Ceiling | | Window/Vent Fan | |
Electric Fixtures | | Floor | | Miscellaneous
Window/Screen | | Light Fixtures | | Smoke Alarm (s) | | Window Cover | | Window & Screen | | Electrical Panel | | Bedroom #1 Window Covers | | Porch/Patio | |
Doors | | Heating Equip Stairs | |
Walls | | Furnace & A/C | | Storage Area | |
Ceiling | | Filter | | Doorbell | |
Floor | | Thermostat | | Yards
Light Fixtures | | Hot Water Tank | | Front | |
Window & Screen | | Water Heat @120F | | Back | |
Window Covers | | Water Heater Vent | | Side | |
Was the required Moisture Inspection conducted at Move In? Move Out? .
Is the Moisture Inspection attached for Move In? Move Out? .
Was any Mold detected at Move-In? _ _ Move Out?
Was the required Smoke Detector(s) Inspection Conducted at Move In? Move Out? The unit upon move-in is in decent, safe and sanitary condition, any deficiencies are noted above.
Explanation of items that are NOT ACCEPTABLE (all items listed as not acceptable must be explained below):
I certify that the unit contains working smoke detectors. I agree to replace batteries as needed and notify Management of any failures. I further certify that the foregoing report correctly represents the condition of the above-identified unit. Any deficiencies identified in this report will be remedied within 30 days of the date the tenant moves into the unit.
Tenant Signature at Move-In Date Tenant Signature at Move-Out Date Manager Signature at Move-In
WORD\UnitInspection./HUD 5/2011
Date Manager Signature at Move-Out Date
411
Item # 15.
MOVE IN MOVE OUT SEMI ANNUAL
INSPECTION OF APPLIANCES
Property Name:
UNIT# DATE INSPECTED:
Inspector: Please check the box if the items is OK. If it is not OK circle the item and note any Damage for each Burner, Oven Gaskets and MISSING Racks below:
STOVE REFRIGERATOR
Serial # Serial #
Make: Make:
Model: Model:
L B Burner R B Burner Gaskets
L F Burner R F Burner Bins
OVEN
Needs Replaced Needs Replaced
MISSING OR DAMAGED: ( ) Drip pans ( ) Oven Racks ( ) Handles MISSING OR ( )Bins ( ) Handles ( ) Door Racks ( ) Knobs ( ) Light ( ) Broiler Pan DAMAGED: ( )Light ( ) Shelves ( ) Other
WATER HEATER N/A DISH WASHER N/A
Serial # Serial #
Make: Make:
Model: Model:
Pipes
Relief Valve Door Latch
Igniter Gasket
Earthquake Strap
Needs Replaced Needs Replaced
Note Damage or Missing Straps or pipes, Dishwasher Damage or missing Latch and Gasket:
OTHER APPLIANCES: Microwave Light,Range Hood Light and Filters , Garbage Disposal unit, etc) Microwave Light
Range Hood Light Filter Fan Fire Suppression X2
Garbage Disposal
Furnace Comments:
A/C Unit
HVAC
Inspectors Signature:
Date:
6/20/2013 412
Item # 15.
MOISTURE INSPECTION
The purpose of this inspection is to determine of any units have Mold or any condition that is conducive to the growth of Mold. Mold will be treated as a SERIOUS INCIDENT!
All apartments must be inspected for Mold or conditions that could lead to Mold at all Semi-Annual Inspections, Move-In and Move-Out Inspections. Work Orders and all other occasions when we are in a unit. By inspecting the units as frequently as possible, we have the best chance to detect Mold conditions before any Mold has actually formed. Once Mold has formed, the problem becomes more complex.
This Moisture Inspection Report is to be attached to all Semi-Annual Inspections, Move-In and Move-Out Inspections, and Vacant Unit Inspections. You must additionally fill out the Moisture Inspection Report each time a Maintenance Work Order is completed in any unit. This means that all work orders completed inside a unit will have a Moisture Inspection attached. Each Moisture Inspection Report will be put in the permanent tenant file and in cases where Mold is detected, you must immediately file a Serious Incident Report, which must include a copy of the Moisture Inspection Report and call your Regional Manager.
When the report indicates that no Mold exists, but does indicate that there is a condition that could lead to Mold, you must remedy that condition immediately and report the action to your Regional Manager.
Use the following responses when filling out the form: (List specifics in the Comments) Dry and no sign of mold = NO Signs of mold = YES Damp but no mold = DAMP Odor = NONE, SOME OR STRONG [Indicate the odor by placing the N, S, or ST in the box] Fold Line
MOISTURE INSPECTION
PROJECT
Unit Number Date of Inspection Inspector
Reason for Inspection: (CHECK) Tenant Call, Semi-Annual, Move-In, Move-Out, Work Order, Other
KITCHEN BATHROOM CONTINUED
NO YES DAMP ODOR NO YES DAMP ODOR
Walls & Ceiling Tub
Floor Grouting Vent
Under Sink ALL ROOMS
Cabinets Standing Water
Floor Moisture Signs (condensation)
Under Refrigerator (tray) Discoloration
Refrigerator Seal Carpet Stains
Pantry Walls Carpet Moisture
Open Food Ceilings
BATHROOM Walls
Walls & Ceiling Sills
Floors Base
Grout Vents
Shower Curtain Filter(s)
Stall A/C Drain
Fan Odor
Under Sink Light Fixtures
Base of Toilet Hot Water Area Floor
Behind Toilet Hot Water Area Walls
Comments (List locations and specifics):
6/20/13
413
Item # 15.
Attachment C – Screening In Criteria
TENANT SCREENING POLICY
Due to additional requirements provided in this agreement, applications for Supportive Housing units may be handled separately to ensure Property Management is “screening in” all prospective tenants. All applicants are given equal opportunity to exercise their right to the processes under the Property Management and/or the Santa Clara County Housing Authority (SCCHA) Mitigating Circumstances Policy (see item No. 4 below). It is the applicant’s right to appeal screening decisions due to negative background or criminal history. 1) In collaboration with the Property Manager, SCCHA Services staff will participate in the resident selection process by first meeting with the County and/or its Service Providers to review the Resident Selection Criteria and to review and agree upon the Tenant Screening Policy.
2) Project Orientation. Once the a prospective tenant has been identified by the County and engaged by the Intensive Case Managers (ICMs) of the appropriate Service Provider(s), the first step in Tenant Screening Policy is to help the prospective tenant successfully submit a complete rental application in accordance with the Resident Selection Criteria for the Project.
The ICMs will be the prospective tenant’s primary support; however, Property Management shall assist by offering to meet with prospective tenant and their ICM. The purpose of the Project Orientation meeting is to:
a) Orient the prospective tenant to the property and the units; b) Explain the Resident Selection Criteria, the rental application requirements and the steps and parameters involved in the Mitigation Process;
c) Explain the role of Property Management Services staff; d) Offer the prospective tenant an opportunity to build rapport with Property Management staff and;
e) With appropriate releases of information signed, offer the Property Management staff, the ICM and the prospective tenant an opportunity to discuss housing barriers and service needs.
3) Intake Interview. The Project Orientation may be held separately or at the time of the Intake Interview. The Intake Interview will be a meeting between all adult household members of the prospective tenant, the prospective tenant’s ICM, and the Property Manager. a) The objective is to review all paperwork and obtain required documentation of income and assets in order to submit a complete rental application. Upon receiving all documentation, Property Management will process the application. In the event the applicant does not meet the Resident Selection Criteria, the Property Manager will mail a written notice to the prospective tenant. A written notice is required by California law whenever an “adverse action” (i.e., denial of application) is taken against a prospective tenant based in whole or in part on information contained in a consumer credit report. 414
Item # 15.
However, the Property Manager shall call the prospective tenant and the prospective tenant’s ICM to notify them of the reason(s) why the prospective tenant did not meet the Resident Selection Criteria.
b) In order to minimize the duration of the rental application process and recognizing that the prospective tenants will have significant housing barriers, all parties agree that:
i) A prospective tenant may request consideration under the Mitigating Circumstances Policy at the time of that the rental application is submitted; ii) Applicants with problematic rental or credit histories may request consideration based on disability status and/or issues relating to mitigating circumstances, therefore, the Resident Selection Criteria will be considered in conjunction with the Mitigating Circumstances Policy;
iii) A prospective tenant may submit documentation of the existence of special needs along with the rental application; and
iv) If the prospective tenant is notified that they did not meet the Residential Selection Criteria, the notification will include the time and date of the Mitigating Circumstances Interview. Unless inconvenient for the prospective tenant, the Mitigating Circumstances Interview will be scheduled for no later than seven business days from the date that the prospective tenant’s rental application was denied. 4) Mitigating Circumstances Policy and Interview. The Mitigating Circumstances Policy is intended to “screen in” prospective tenants who had otherwise failed to meet the Resident Selection Criteria. The policy includes a review of all documentation submitted by the prospective tenant as well as a Mitigating Circumstances Interview. The Property Management will include the applicant’s ICM in the review and in the interview. a) While the decision to accept the prospective tenant will rest with the Property Manager, the Owner shall inform the County of the results of all reviews and interviews so that the County may evaluate that fairness and effectiveness of the Property Manager’s Mitigating Circumstances Policy.
b) County staff may also observe the Mitigating Circumstances Interviews and documentation review.
c) The Mitigating Circumstances Policy does not allow for blanket waivers of specific Resident Selection criterion. However, in assessing the prospective tenant’s request the Property Manager shall consider all relevant factors including, but not limited to:
i) The impact that stable housing will have on helping the individual achieve their personal stability and health goals;
ii) The impact that homelessness or unstable housing had on the events in question including the lack of or poor rental history and convictions for quality of life crimes 415
Item # 15.
(e.g., panhandling);
iii) The time, nature, extent and seriousness of the past behavior or action; iv) The role of other family members or household members; v) The extent to which disability or disabling conditions contributed to the behavior or circumstances;
vi) The availability of rental subsidies, other financial assistance or financial assistance programs (e.g., representative payee services) to limit risk of non-payment of rent; vii)The extent to which the applicant’s current or previous actions have addressed or are mitigating the underlying conditions which caused the previous action or behavior; and,
viii) Factors which might indicate a reasonable probability of favorable future conduct, including evidence of rehabilitation and applicant’s willingness to participate in social services.
5) Move-In Orientation: Once a prospective tenant’s rental application has been approved, the Property Manager will schedule a move-in date/orientation with ICM and tenant as soon as possible. The orientation shall be conducted in a quiet, private setting, and will be scheduled for at least 45 minutes. The purpose of the orientation is to:
a) Determine furniture and other needs;
b) Finalize lease documents;
c) Familiarize the tenant with the property, their unit, the lease and the property’s rules; d) Collect the security deposit and first month’s rent; and, e) Continue the rapport-building between the tenant, the ICM and the Property Manager.
416
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1 Management Plan
For
Hillview Court
1. THE ROLE AND RESPONSIBILITYOFTHEOWNER AND RELATIONSHIPAND DELEGATIONS OF AUTHORITY TO THE MANAGING AGENT.
JHC-Hillview, LLC, (Owner) appoints Hyder & Company, (Agent) as agent for the managementof the residential units at Hillview Court and Agent accepts the appointment.
The Owner has entered into a Management Contract with Hyder & Company, hereinafter referred to as Agent or Managing Agent.
a. There is no legal or corporate relationship between the Owner and the Agent with the exception of the Management Contract. There is no identity of personnel, proximity or sharing of offices, or any other identity of interest. There is no relationship that would create a conflict of interest.
b. The Site Manager will supervise the activities of the administrative and maintenance staff on the project. The Site Manager will be directly responsible to the Managing Agent who will set forth the responsibilities of day-to-day operations. The Managing Agent will be directly responsible to the Owner.
The Agent will make all decisionsregarding the day-to-day operations of the project without consulting the Owner or in the event of extreme emergency, make decisions without consulting the Owner. The Agent will notify the Owner as soon as possible after any emergency decisions are implemented.
c. The Agent will consult the Owner regarding all policy matters or those which the Agent is not authorized to handle under the terms of the Management Contract, and on all other matters which are of significance to the project. The Agent will meet with the Owner at regular intervals established by the Owner to review all project business and to update the Management Plan as directed by the Agency. d. The Owner will name an authorized contact person who will have total authority to act on behalf of the Owner and make all necessary decisions on Owner's behalf. The Owner will notify the Agent in writing of the name of the contact person prior to the inception of the Agreement, and thereafter when the contact person is changed.
Agent will deal directly and exclusively with the authorized contact person. e. This Management Plan identifies decisions and requirements of the Owner including but not limited to disbursement amounts requiring Owner approval and documents required from the Owner.
f. The responsibilities of the Owner and the Agent are clearly set forth in this 417
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2 document. All basic responsibilities and duties are clearly covered in this document and Agency's rules and regulations.
g. The pro-rata division of singularly incurred operating expenses that are common to the parties and purchased by the Managing Agent are:
Fidelity insurance, errors and omissions insurance, employee practices liability insurance, cyber insurance, tenant discrimination insurance & workers compensation insurance, all which are allocated to each project and the corporate office by number of employees at each location.
2. PERSONNEL POLICY AND STAFFING ARRANGEMENTS.
a. All on-site personnel shall be contracted service providers or employees of Agent and shall be paid from the Operating Account as an expense of the project. Pursuant to the amounts provided in the Budget, Agent shall at all times have sufficient personnel physically present at the Project for the full and efficient performance of its duties under the Management Contract, including physical presence of responsible persons at such times as reasonably may be requested by Owner. The employees, their job descriptions, and salaries, shall be determined by Agent. All hiring will be in strict conformance with equal employment opportunity requirements provided by the Department of Fair Employment and Housing with regard for race, color, religion, sex, handicap, familial status, or national origin. b. The staffing plan for this property will include a manager and office staff as necessary to operate the project together with maintenance staff as required and as approved in the budget. Employees are never "on call" outside of normal duty hours, unless specifically required to cover emergency calls on a particular project.
Mandatory Prerequisites for All Employees:
Must possess high moral character, sound fiscal integrity, and qualify for fidelity bond.
Must be able to speak, read, write, and understand English at least to the level of understanding the Injury and Illness Prevention Plan, and the ability to read allsafety and warning labels and follow written or verbal instructions. Must be able to report in English to supervisory staff and authorities any emergency conditions that may exist from time to time.
Must additionally be able to understand and comply with both written and verbal instructions given in English regarding office operations, computer operations and technical Agency Requirements.
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3 Job Descriptions:
Site Manager: The Site Managers are in sole charge of the housing community to which they are assigned and as such must manage and direct operations of the housing community in accordance with the policies and procedures prescribed by the Owner, the Governing Agency, Management Agent and Fair Housing Laws.
In order to qualify for this position an employee:
• Must be competent in basic computer skills, typing, spelling, telephone techniques and basic mathematics.
• Must have the ability to speak, read, write, and understand English. Be able to comply with both the written and verbal instructions given in English. • Must be able to follow the Injury and Illness Prevention Plan and have the ability to read all safety and warning labels and follow written and verbal instructions. • Must have the specific ability to follow & give technical instructions.
The Employee will be expected to:
• Become proficient in the operation of the property computer, scanner, copier, calculator, and any other office machines necessary.
• Adhere to office schedule as approved by supervisor and according to the needs of the property.
• Present a professional appearance, dressing according to business etiquette. • Attain a working knowledge of the following software; Yardi and IDOC. • Attend educational courses as directed by Human Resources or Supervisor and pass Agency-required or Employer tests.
• Become fully competent in Agency rules and procedures within ninety days of hire. Must be able and willing to follow all procedures in Manager’s Handbook and Agency Instructions. Maintain property in compliance with the appropriate agency.
• Supervise personnel; keep staff personal calls, social networking, cell phone usage limited to breaks and emergency needs.
The Employee’s responsibilities will include but are not limited to the following:
• Implementation of the Management Plan, Affirmative Fair Housing Marketing Plans, Agency and Company policies and the Manager’s Handbook provided by employer.
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4 • Review of prospective resident’s rental applications for initial eligibility. Rental of Apartments in accordance with Agency Requirements, Tenant Selection Plan, and the Wait List. Completion of lease agreements and conducting entry interviews with new tenants outlining conditions and terms for occupancy along with the completion of the entire application and Agency certification. The application process for move in (when a unit is available) should take no more than 14 working days and commence no later than 24 hours after a 30-day notice to vacate is given.
• Providing residents with their interim and annual recertification paperwork along with conducting recertification interviews assuring all paperwork is done on time and in accordance with Agency requirements.
• Collection of rent in a timely manner, issuance of receipts and serving the appropriate late rent notices on time. Making daily bank deposits. • Walking the property at least once a week for physical inspections and vacancy verifications and one time per month at night to check lighting. Completing semiannual unit inspections twice a year. • Perform and report all business and transactions to the Corporate Office on a timely basis in accordance with the Manager’s Handbook and monthly Site Manager Calendar.
• Proper preparation and submission in a timely manner of timecards, corporate reporting and required property reports as stated in the Monthly Site Calendar and Manager’s Handbook.
• Supervision of maintenance and other personnel which includes performance of annual evaluations and documented interim consultations. These are to be reviewed by the Supervisor prior to presentation to employee after which the original is sent to the Corporate Office to be filed in the employee’s personnel file.
• Selection of outside contractors in accordance with the Manager’s Handbook.
This includes but is not limited to obtaining competitive bids, initiating approval of contractors, and verifying and collecting insurance certificates for workers compensation and liability insurance from all contractors and their subcontractors. • Handling the Purchasing process for the community. This includes but is not limited to the preparation of Purchase Order Requests, verification of receipt of purchases, and first review and submission of invoices to accounts payable in accordance with the written OPS procedures. Accounting for petty cash.
Arranging for approved outside services, such as trash collection, utility service, mail service, telephone installation, exterminators, etc., as required. 420
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5 • Establishing good resident relation policies and adhering to housing assignment procedures. Promoting harmonious relationships among residents, housing personnel, and persons of neighboring communities. In resolving complaints of residents, the manager must be able to handle problems with discretion and fairness in accordance with Fair Housing.
• The position requires a great deal of personal contact with other people and agencies. Manager must maintain good working relations with the local police and fire departments, governing officials, any other community resources that are programmed and designed to assist the residents as well as owners, vendors, and other employees.
• Being available to assist, in any means necessary, for all file audits and physical inspections by Government Agencies or the Management Company. • Keep proper documentation of resident files, incident reports, and other events related to the property.
In some instances, the employee will:
• Be required to be bilingual in English and Spanish.
• Be able to report in English to supervisory staff and authorities any emergency conditions that may exist from time to time. Then must have the flexibility to follow through on the handling of said emergencies in accordance with the Crisis Management Procedure.
• Be asked to assist in the management of other properties or the training of a new manager.
• Need to go to court on an eviction, small claims issue or another legal situation that may arise.
• Perform such duties as may be requested from time to time by their Supervisor or other Corporate personnel.
Assistant Site Manager: The Site Manager and Assistant Site Managers are in charge of the housing complex and assuch must manage and direct operations of the housing project in accordance with the policies and procedures prescribed by the Owner, the governing agency and Management Agent.
The position requires a great deal of personal contact with other people. The assistant manager must be able to handle problems with discretion and fairness. Their independent judgment can determine the success or failure of the project.
In order to qualify for this position an employee must be competent in typing, spelling, telephone techniques and basic mathematics. In some instances, the 421
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6 employee will be required to be bilingual in English and Spanish.
The Assistant Site Manager will follow the instructions of the Site Manager in all of the following areas:
Make certain that all outside contractors or sub-contractors provide certificates that provide proof of liability and workers compensation insurance before any work can be done on the property.
Prepare payment requests and accounts payable, receive and account for funds.
Purchase approved supplies and arrange for approved outside services, such as trash collection, utility service, mail service, telephone installation, exterminators, etc., as required.
Become proficient in the operation of the project computer and software. Computer literacy is preferred.
Assist prospective tenants in preparing applications for initial eligibility and recertification. Rent apartments. Complete lease agreement form and conduct entry interviews with new tenants, outlining conditions and terms for occupancy. Review housing applications,select tenants, and assign dwelling units. Collect rent and issue receipts. Implement this Management Plan and Agreement and the Affirmative Fair Housing Marketing Plan. Be totally familiar with company policy and the Manager's Handbook provided by employer.
Establish good tenant relation policies and adhere to housing assignment procedures.
The Assistant Manager is a key part of promoting harmonious relationships among tenants, housing personnel, and persons of neighboring communities. Resolving complaints of tenants. Maintaining good working relations with the local police and fire departments, governing officials, and other community resources and social programs designed to assist the tenants and enhance the quality of life at the complex.
Must attend educational courses as directed and pass Agency-required and Employer tests. Must become fully competent in agency rules and procedures. Must be able and willing to follow all procedures in Managers Handbook and Agency Instructions.
Office Clerk: In order to qualify for this position an employee must be competent in typing, spelling, telephone techniques and basic mathematics. In some instances, the employee will be required to be bilingual in English and Spanish.
The employee will assist the Site Manager in qualifying applicants and leasing units in compliance with the appropriate agency requirements. Additionally, the employee must be competent in filing and all other office procedures. The clerk will be trained in computer operations for the specific program of the apartment complex. 422
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7 The employee must have good “people skills” in order to deal with the public in an efficient and courteous manner. The clerk will represent the “front line” in meeting the public and in dealing with tenant complaints.
This position requires a person with a professional and friendly disposition who can work with people on a regular daily basis, follow instructions, and learn reasonably quickly.
All clerical staff members must be trained in the program requirements and pass all required tests so as to be certified in the appropriate subsidy program.
Employee must be able to speak, read, write, and understand English in order to read and understand the Injury and Illness Prevention Plan and to converse with others in case of emergencies. Must also be able to follow written and spoken instructions regarding office and computer procedures and the handbook instructions.
This position does not include showing apartments, inspecting apartments, maintenance work or any other activities outside the office.
Maintenance Director: Assist in the development of the maintenance plan for the overall efficient operation of the project, perform all necessary work, inspect, and evaluate physical condition of buildings and grounds, plus schedule and provide continuing repair and maintenance work as prescribed below.
In order to qualify for this position an employee:
• Must have the ability to speak, read, write, and understand English. Be able to comply with both written and verbal instructions given in English. • Must be able to follow the Injury and Illness Prevention Plan and have the ability to read all safety and warning labels and follow written and verbal instructions. • Must have the specific ability to follow & give technical instructions. • Must be able to on a daily basis, lift up to 50 pounds, have manual dexterity with both hands and arms, climb stairs, and ladders. On a daily basis it may be necessary to move heavy objects, such as, furniture and major appliances.
The Employee will be expected to:
• Become knowledgeable in all safety precautions to be taken when working at various jobs. Any violation of Company Safety Policies may be cause for immediate termination.
• Work on a continuous basis and be prompt.
• Adhere to the work schedule as approved by supervisor and according to the needs of the property.
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8 • Attend educational courses as directed by Human Resources or Supervisor and pass Agency-required or Employer tests.
• Supervise personnel; keep staff personal calls, social networking, cell phone usage limited to breaks and emergency needs.
• Present a professional appearance, dressing according to Employee Handbook, wearing the appropriate shoes and clothes as per Hyder’s Injury and Illness Prevention Plan.
The Employee’s responsibilities will include but are not limited to the following:
• Meet with site manager weekly to discuss the needs of the property and monthly to go over the budget.
• Assist in planning and implementation of Preventive Maintenance Plan and semiannual inspections for the property. • Prepare and post daily work schedule, coordinate activities of all workers, including self, to assure timely completion of work orders, repairs to the buildings, and exterior areas. Set an on-call schedule for weekend and after hour maintenance emergencies including assignment of the afterhours emergency phone and following the Crisis Management Plan when needed. • Plan and perform all work in house at no additional labor cost to the project, this includes but is not limited to electrical, plumbing, heating, ventilating, airconditioning, watering systems, mechanical equipment, exterior lighting and perform all interior and exterior janitorial work, maintaining public areas, such as, halls, common areas and laundry rooms. Maintain parking lots and other common areas to include sweeping, striping, patching, and policing, as well as playground equipment maintenance and repair. Interior apartment maintenance, painting and cleaning vacant apartments, repairing doors, locks, screens, windows, and cabinets. If applicable maintaining plantings and irrigation system including all mowing, trimming, edging, pruning, cultivating, aerating, fertilizing, and watering.
• Respond to written requests from tenants reporting a need for repairs (work orders). Take prompt corrective action on deficiencies, completing emergency requests right away and non-emergency requests in 24 to 72 hours. • Safeguard, account for and maintain tools, equipment and inventory supplies, and all property owned by the project.
• Maintain OSHA/MSDS/Safety Center/Safety Meetings
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9 • Obtain labor and material costs and completion estimates for major repairs, renovations, or replacement of equipment. Be responsible for the completion of any such work or purchases once approved by the supervisor. Make certain that no purchases of supplies, equipment or services are made by anyone without the prior approval of the project manager and supervisor along with PO#. • Make certain on a daily basis that timecards of all maintenance employees are updated.
• The position requires a great deal of personal contact with other people. The Maintenance Director must maintain good working relations with vendors, other employees and establish good resident relations in a strictly professional manner.
In some instances, the employee will:
• Be required to be bilingual in English and Spanish.
• Be able to report in English to supervisory staff and authorities any emergency conditions that may exist from time to time. Then must have the flexibility to follow through on the handling of said emergencies in accordance with the Crisis Management Procedure.
• Be asked to assist in the maintenance of other properties or the training of new maintenance personnel.
• Perform such duties as may be requested from time to time by their Supervisor.
Housekeeper: This position provides clean, sanitary, comfortable, orderly, and satisfying surroundings for residents and employees. The housekeeper promotes sanitary conditions cleaning floors, walls, windows, furniture, kitchens, and appliances, bathrooms, and fixtures. The housekeeper will be required to lift, carry, walk,sit, push, pull and work a flexible schedule, must be able to move continuously during work hours and able to lift and/or carry 50 to 75 pounds.
Specific duties may include but are not limited to vacuuming floors and furnishings, mopping hard surface floors, cleaning, dusting and polishing furniture, cleaning walls and windows, cleaning and disinfecting kitchen and bathroom, emptying and sanitizing waste baskets. Clean all air vents. Damp mop all corridor floors, lobby, dining areas and others daily.
Operates various mechanized cleaning equipment, such as vacuums, polishers, buffers, etc... If required, strip beds and gather all laundry for delivery to laundry service; make beds and set towels.
Maintain vacuums, cleaning caddies and supplies used to perform job. Record supply inventory at home as directed by supervisor. Inform supervisor when cleaning or house supplies are low.
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10 Dust, vacuum, and clean leasing office. Water plants in office and office building.
Report any needed repairs immediately to supervisor (such as leaky faucets or toilets, loose tile, broken windows, etc).
Perform errands and special projects as requested by supervisor.
Observe established policies and procedures.
Perform other job duties including but not limited to grounds maintenance or other property management functions as needed and requested by supervisor.
Contact with all levels of personnel within company, temporary help, owners, residents, vendors, and contractors.
Working Conditions: Full-time and to cover other employee vacations or time off. Requires some weekends, holidays, and occasional evenings.
Skills and Educational Requirements:
1. Ability to communicate effectively both verbally and in writing. Possess basic math skills.
2. Ability to perform a variety of tasks often on short notice.
3. Ability to handle a fast-paced, varied, and busy work environment.
4. Ability to work alone and to be self-motivated and organized.
5. Ability to lift 50 to 75 pounds
6. Possess positive teamwork attitude.
Company Standards:
1. All company and client information must be kept strictly confidential.
2. The highest standards of accuracy will be maintained in all data recorded and work performed.
3. Conformance to the rules and regulations of property management as set forth by California Residential Landlord/Tenant Statutes and Federal Fair Housing Laws.
4. All temporary help, owners, tenants, vendors and contractors and any other person contacted on the telephone or in person will be treated in a friendly, personable, and professional manner.
5. Neat and well-maintained attire, hair, and appearance to be maintained at all times. Uniform and dress code in accordance with personnel policies to be maintained at all times.
All Employees:
Employees will conform to all Agency requirements as well as the policies established by the Owner, which become part of the Agent's policies. All employees 426
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11 will be paid by the Agent including state and federal payroll taxes and unemployment taxes, FICA taxes, and all other costs of employment including workers compensation insurance, employment practicesliability insurance, employee medical insurance, overtime pay, bond and any other compensation or related costs.
Agent will be reimbursed for all costs made to or on behalf of all employees including, but not limited to, the aforementioned list.
Agent will advise Owner of all employee or former employee claims for compensation that Agent believes are unwarranted. Owner will instruct Agent as to Owner's desire in the disposition of the claim (payment, negotiation, hearing, or litigation). Agent will proceed according to Owner's directive. Any compensation or award to any employee or former employee including all related costs, legal fees, and other fees, will be paid to Agent from the project operating account upon final disposition of the claim.
c. The Site Manager will be directly accountable to the Managing Agent. All other onsite personnel will be directly accountable to the Site Manager. d. All employees (and contractors) will be oriented to comply with the program requirements. All managers are fully trained in the Agency rules and regulations. The Managing Agent is fully trained and knowledgeable in all aspects of assisted housing management and regulations. The Agent trains all management employees in the certification process and all management functions. The Agent sends staff personnel to training programs on HOME, RDS, HCD, CalHFA, Fair Housing, Section 504, and L.I.H.T.C., as appropriate.
3. PLANS & PROCEDURES FOR MARKETING UNITS; ACHIEVING AND MAINTAINING FULL OCCUPANCY AND MEETING HUD FORM 935.2
AFFIRMATIVE FAIR HOUSING MARKETING PLAN” REQUIREMENTS.
a. Agent shall carry out the marketing activities including tenant screening interviews prescribed in this Management Plan or consistent with current practices used to market the property to potential tenants.
b. The Agent is in charge of marketing the property. We will make certain that all groups, both minority and non-minority, handicapped persons, and those least likely to apply are given the opportunity to have the knowledge that oursubsidized housing project exists and that they will not be discriminated against on any basis. c. The Site Manager will place new applicants on the waiting list after complying with the procedures established. The waiting list will conform to the requirements of the Agency. The "Fair Housing" poster, "Justice for All" poster, will be displayed on site.
A Project Information Package will be prepared. This will contain the following:
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12 A description of the project location.
The size and number of dwelling units.
A summary of eligibility requirements.
Application Form.
d. Should it be necessary, marketing will be done by local radio and newspaper advertising in both English and in non-English media where there is a concentration of non-English speaking residents.
Any advertising, electronic or printed, will identify the project with the international symbol of handicapped accessibility and contain the Fair Housing Logo or Equal Opportunity Slogan.
The project will be advertised as appropriate. Marketing material will be sent to the appropriate social services agencies listed on the AFHMP. Listed below is a sample local newspaper ad for your approval.
e. To ensure effective communications with applicants, residents and members of the public that have sight or hearing impairments, each project will contact the California Relay Service at (800) 735-2929 when necessary. The Managing Agent will provide sign language interpreters for the hearing impaired if requested and if available within the community. Other reasonable accommodations will be available for visually impaired. Assistance will be given for completing the application when necessary.
f. Reasonable accommodations must be requested in writing. Appropriate Now Accepting Applications
Hillview Court
studio units including units with
special design features for
individuals with a disability.
Inquire as to the availability of
subsidy. Call (669) 350-2120,
Mon-Fri, 9am - 5pm or TDD #1-
800-735-2929.
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13 modifications, if not already installed, and within reason, will be made if at all possible if it does not impose a financial or administrative overburden. Structural changes would require consultation with the Owner and architect; therefore, each case would be reviewed based on its own merit and the economic hardship to the property.
g. The Agent will use the attached waiting list format. h. The attached Unit Inspection Report will be used for all move-in's and move-outs.
Prior to occupancy, each approved applicant will inspect his/her assigned unit with the manager who will be required to fill out and sign the Unit InspectionReport. This is a certification on the part of the applicant that the premises is in good and clean condition prior to their occupancy. Each tenant will receive a copy of the Unit Inspection Report and another copy will be kept in the tenant's file at the project office.
i. Applicants are initially notified in writing as to their status detailing selection, rejection, or waiting list placement. Once selected, and at the time each applicant executes their lease, they will be given a thorough orientation with regard to the terms and conditions of the lease, rules and regulations, all addendums, and also will receive instructions on how to operate various appliances found in each unit during their walk-through inspection of the premises.
j. It is the primary responsibility of the Site Manager and Regional Supervisor to select tenants using the policies and guidelines established by the Agent and the Owner and approved by the Agency asrequired. However, if there is a question regarding which applicant should be selected, they will request assistance from the Managing Agent.
All applicants are notified in writing as to their status on the waiting list. k. All tenants are selected in accordance with this Management Plan and Agreement and the attached Resident Selection Procedure.
4. PROCEDURES FOR DETERMINING TENANT ELIGIBILITY AND FOR CERTIFYING AND RECERTIFYING INCOMES.
a. All interested persons may obtain and submit an application for housing. All personnel in the project office are required to be knowledgeable and have on hand a copy of the agency's management handbook which encompasses the occupancy and continuing occupancy requirements of the Agency. Completed applications are processed in chronological order of the date the fully completed application was received based on eligibility within each income group. Additionally, applications will be logged by date and time when received and placed on the waiting list or processed for a vacancy. The attached Resident Selection Procedure details the process. No application fees are anticipated.
b. The Site Manager will be thoroughly trained by the Managing Agent and/or Agency in program requirements and State Law including but not limited to, the following:
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14 interviews, tenant selection, certification and recertification requirements and leases.
Each month the project will be audited by the Managing Agent for compliance to make certain that all requirements are closely adhered to regarding tenant qualifications and certifications. In addition, Site Managers will attend Agencysponsored training courses.
5. LEASING & OCCUPANCY POLICIES:
Agent shall offer for rent and shall rent the units in the Project. Units shall be made available in accordance with a rent schedule approved in writing by Owner and the leasing guidelines and form of lease referred to herein below. The following provisionsshall apply:
a. Agent shall show dwelling units for rent in the Project to all prospective Tenants. b. Agent shall take and process applications for rentals, including prospective Tenant interviews and credit checks. If an application is rejected, the applicant shall be advised of the reason for rejection in accordance with applicable laws. c. Agent shall, subject to prior written approval by Owner of any deviation from Owner's approved rent schedule, Lease form, and leasing guidelines, execute all Leases in the Hillview Court’s.
d. Agent shall collect, deposit, and disburse security deposits, if required, in accordance with the terms of each Lease and applicable Law.
The agent shall be responsible for safe keeping of these Tenants’ security deposits which shall be held by Agent in an account at the Bank separate from all other accounts and funds (the “Security Deposit Account”) and in accordance with applicable Law.
e. Agent shall maintain a current list of acceptable prospective Tenants and undertake all arrangements necessary and incidental to the acceptance of rental applications and the execution of Leases. Agent shall exercise its best efforts (including, but not limited to placement of advertising, interview of prospective Tenants, assistance in completion of rental applications and execution of Leases, processing of documents and credit, criminal, background and employment verifications, and explanation of the program and operations of Owner), to affect the leasing of dwelling units, and renewal of Leases in the Project.
f. Agent shall perform such other acts and deedsrequested by Owner as are reasonable, necessary, and proper in the discharge of Agent's rental duties under this Management Plan.
g. Agent shall prorate the first month's rent collected from a Tenant should the Lease term commence on any other day than the first day of the month. h. Agent shall participate in the inspection of the dwelling unit (at least yearly) 430
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15 identified in the Lease together with the Tenant prior to move-in and upon move-out and shall record in writing any previous damage to the unit and any damage occurring during the Tenant's occupancy.
i. A description of occupancy standards for the project is described in the Resident Selection Procedure. Refer to attached selection criteria. j. Prospective tenants will complete an application. This is designed to give the Site Manager basic data about the tenant with which the Site Manager can determine whether there are factors of income, family size, or others which would effectively eliminate the applicant from further consideration. A credit report and criminal background check will be obtained for each applicant after it is determined that the tenant qualifies with regard to the Agency regulations.
Income verification authorization forms will be signed by the prospective tenant. It will be explained at that time that their credit, criminal background will be thoroughly investigated. The Site Manager will request that the prospective tenant give information in advance of any unusual situation that the manager is likely to encounter in investigating the tenant. In this way prospective tenants have an opportunity to explain in advance, any unresolved credit problems, criminal records, unfavorable reportsfrom former landlords, employment problems and other factors, which might otherwise disqualify them. As confirmation from the application is completed, the tenant'sfile is assembled. The Site Manager will evaluate each tenant in light of the information in his or her file as well as the program requirements and objectives established for the project by the Owner. The Site Manager and Agent will determine which tenants are to be accepted based on program requirements, Owner’s objectives and criteria identified in the Resident Selection Procedures.
Having determined to accept a prospective tenant, the Site Manager will then assign that tenant to an apartment matching as closely as possible the tenant’s desired accommodations. At this time, the tenant certification will be completed in its final form, approved by upper management, and then executed by the tenant. The policies for the apartment project are then reviewed with the tenant in detail, including their rights and responsibilities.
The tenant is then advised of the unit in which he/she has been placed, and the Site Manager goes with the tenant to the specific unit selected and they complete the unit inspection report.
All the supporting documentation and data are placed in that particular tenant's file. k. The Site Manager is knowledgeable in all areas regarding Agency rules and regulations and personally trained in the certification process and in all management functions. In addition, Site Managers are aware of State Law and Agency regulations.
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16 6. AFFORDABLE HOUSING REQUIREMENTS:
Subject to the Budget, Agent acknowledgesthat Owner isrequired to use its best commercial effortsto lease all available residential units in the project (excluding one manager’s unit), at the rent and income level designated by the Owner.
Agent is familiar with affordable housing requirements as they relate to Agent's leasing and management duties hereunder and shall put its best efforts to comply with such requirements and to the extent Agent is unable to do so, Agent shall promptly notify Owner of such fact and the reasons, therefore. Incident thereto, the following provisions shall apply:
a. Agent shall require each prospective tenant to certify, on the Lease application or Lease, the amount ofsuch tenant's annual household income, household size, and any other information required to enable Owner to maintain the affordability or otherwise reasonably requested by Owner. Managershall require Tenants to certify in writing as to such matters on an annual basis, prior to such time as the information is required for reporting purposes.
b. Owner shall from time to time furnish Agent with a written schedule of maximum rents for the apartments, which complies with the Requirements. Without Owner’s express prior written consent, Agent shall not enter into any lease on behalf of Owner at a rental amount exceeding the applicable maximum.
c. Agent shall maintain and preserve all written records of Tenant family income and size, and any other information necessary to comply with the Requirements or otherwise reasonably requested by Owner throughout the term of the Management Contract , and shall turn all such records over to Owner upon the termination or expiration of the Management Contract.
d. If requested by Owner, Agent shall prepare customary reports of low-income leasing and occupancy and other matters related to Manager's obligations.
7. RENTOCCUPANCY CHARGE AND OCCUPANCY SURCHARGE COLLECTION POLICIES AND PROCEDURES.
a. Agent shall use its best commercial efforts to collect when due, directly or through an on-site manager, all rents, charges, and other amounts receivable on Owner's account in connection with the management and operation of the Project. Such receiptsshall be held in the Operating Account,separate from all other accounts and funds.
b. Rent payments are due on the first day of each month and are delinquent after the first of each month. Any tenant who has not paid their rent by the end of 5 days will be assessed a late charge. Three-day notices are delivered on the 6th day of each month to tenants who have not paid by the 5th day of each month. All rent payments are to be made to the Site Manager at the office during normal office hours, which are posted in the office. If thisisimpossible, the tenant may pay their rent by the U.S. 432
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17 Mail. Any tenant who has not paid their rent before the end of the tenth day of the month will receive a late charge assessment. Said late charge will be levied against the tenant, however, eviction proceedings will not be instituted against the tenant for nonpayment of late charges.
The Site Manager is responsible for the collection of all rents and the issuance of all rent receipts. As stated above, rents will be paid at the office on the complex or by U.S. Mail. Cash payment is unacceptable for security reasons. All payments are made by check, cashier's check, or money order.
Rent payments, as they are received, are entered electronically into the accounting system through the onsite computer terminal. If necessary, rent payments are entered into the accounting system by way of a rent receipt which carbons through to the tenant's ledger card which in turn carbons through to the cash receipts journal. The rent receipt that the tenant receives isstamped with the name of the project or printed on the computerized receipt, the amount of money receipted for, and issigned by the authorized person receiving the funds. We encourage all tenantsto keep their receipts for their own protection. All funds received are deposited in a separate account depending on the nature of the deposit. The project maintains an operating account as well as a separate security deposit account.
c. Upon termination of the lease, the deposit is to be refunded to the tenant within 21 days, except as may be used by the Owner toward reimbursement of the cost of repairing any damage to the property (normal wear and tear excepted) caused by the tenant, his family, or guests and any rent or other charges owed as per state law. The Owner shall provide the tenant with an itemized statement of any security deposit retention.
8. PROCEDURES FOR REQUESTING AND IMPLEMENTING A RENT OR OCCUPANCY CHARGE.
a. Rent increases shall be anticipated and implemented as the needs of the Project dictate, in conjunction with the preparation of the Annual Operating Budget. The Project's senior management representative, in consultation with the Regional Supervisor and Site Manager, shall prepare the Annual Operating Budget for approval by the Owner. Rent increases shall be implemented in conformance with the requirements of any Agency regulations. Rent increase requests normally will be processed 60-90 days prior to the end of the borrower's fiscal year. It is anticipated that a rent increase would not be necessary more than once a year. Once it has been determined by an Owner that a rental increase is necessary, the Managing Agent will adhere to the Agency'sinstructions and conform to the requirements. The Managing Agent will develop the information necessary so that a request can be made to the Agency that gives:
1. Facts demonstrating the need and justification for a rent increase. 433
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18 2. A new operating budget for borrower's fiscal year showing:
a) current approved budget
b) actual income and expenses to date
c) proposed new budget with new rents
Current tenant certifications must be on file. The Agent will provide utility allowance survey data each time they are revised.
Tenants will be notified of a rent/utility allowance increase with the use of Agency's rent increase exhibit at the time the proposed rent increase is being forwarded to the Agency. This form will be posted in a conspicuous place and will, in addition, be delivered to all effected tenants. Tenants will be advised that during the waiting period in which the notice will be posted, they have the opportunity to inspect, copy, and make written comments and objections to all materials justifying the proposed rental increase. Additionally, in accordance with California State Law, tenants will be advised in writing in advance of any rental increase. b. The Managing Agent will be responsible for all processing of rental increases and/or changes.
c. If expenses increase during the budget year, a rent increase may be requested at that time. Normal rent increases will be submitted 90 days prior to implementation.
Prior to requesting a rent increase, the Managing Agent will carefully review the existing comparable rents and potential effect on existing residents and applicants.
9. PLANS FOR CARRYING OUT AN EFFECTIVE MAINTENANCE AND REPAIR PROGRAM.
Agent shall cause the Project to be maintained in a decent,safe, and sanitary condition and in a rental and tenantable state of repair, all in accordance with local codes, and Agent shall maintain the Project at all times in a condition acceptable to Owner. The Owner will be notified if there is a budget deficit to fund for the ongoing building maintenance. Incident thereto, the following provisions shall apply:
a. Special attention shall be given to preventive maintenance, and to the greatest extent feasible, the services of regular maintenance personnel shall be used. b. Agent shall contract with contractors and vendors for the maintenance and repair of major mechanical systems, and for the performance of extraordinary repairs beyond the capability of regular maintenance personnel. Owner must approve all contracted repair work not approved in the budget and in excess of $5,000 before executing contracts.
c. Agent shall systematically and promptly receive and investigate all service requests from Tenants, take such action thereon as may be justified, and keep records of the same. Emergency requests shall be received and serviced on a 24-hour basis. 434
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19 Complaints of a serious nature shall be reported to Owner after investigation. Owner shall have the right to receive copies of all service requests and the reports of action taken thereon.
d. Agent shall use its best commercial effortsto take such action as may be necessary to comply with any and all orders or requirement of federal, state, county, or municipal authorities having jurisdiction over the Project and orders of any board of fire underwriters, insurance companies, and other similar bodies. e. With Owner’s permission, Agent is authorized to purchase all materials, equipment, tools, appliances,supplies, and services necessary for property maintenance or repair of the Project. All existing and new accounts used to purchase materials, supplies and services shall be in the name of the Property.
f. Notwithstanding any of the foregoing provisions, the prior approval of Owner shall be required for expenditures exceeding $5,000 over the operating budget except for emergency repairs involving manifest danger to persons or property or required to avoid imminent suspension of any necessary service to the Project. In the event of emergency repairs, Agent shall notify Owner of the fact promptly, and in no event later than 72 hours from the occurrence of the event.
g. Preventative maintenance will be an important part of the maintenance program. All appliances, water heaters, AC/heaters, weatherstripping, windows, fans, and smoke detectors are inspected on a regular basis. Each unit is inspected at least once a year to ascertain the condition of all items. This is a part of the normal preventative maintenance program. In addition, all appliances and mechanical equipment will be inspected prior to initial occupancy and prior to each tenant occupying the unit thereafter.
h. Copies of the "as-built" plans will be provided by the Owner and maintained on site.
In the case of any future work, it will be the responsibility of the contractor or subcontractor to provide the Owners and Agent with "as-built" updated plans and specifications upon the completion of their work. The manager will notify the Owner of all construction defects as soon as possible.
i. General Maintenance Procedures:
1) All appliances and mechanical equipment are inspected on a regular basis. Each unit is inspected at least once a year to ascertain the condition of all of the appliances. This is a part of the normal preventive maintenance program. In addition, all appliances and mechanical equipment will be inspected prior to initial occupancy and prior to each new tenant occupying the unit thereafter.
Should a warranty item or plumbing/electrical problem be involved, a local professional or the building contractor will be contacted. Any 435
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20 regularly scheduled major improvements, such as repaving, will be coordinated with the Managing Agent and Owner for approval prior to commencement of work.
2) City, State, and Federal regulations will be complied with as to the installation and maintenance of smoke detectors and fire extinguishers. Smoke detectors are checked at least twice a year during maintenance inspections. The Regional Supervisor also inspects smoke detectors of vacant units during their monthly inspection. Fire extinguishers are spot checked during monthly inspection visits to ensure service dates are current and have not lapsed. Outside lighting will be provided as required for proper security on the project. Outside lighting is checked on a regular basis to ensure proper light coverage and bulbs are operational. 3) When a tenant gives notice to vacate the unit and immediately after a move-out, the Site Manager isrequired to inspect each unit including the appliances of that unit to ascertain whether or not there has been any damage or any maintenance is required. Any necessary work is entered to a work order, which then is performed by the maintenance staff. All work must be completed prior to re-renting the unit. 4) Each unit is inspected at least once a year to determine the need for any maintenance work. If the unit is in need of repainting, it is then put on the paint schedule and completed by our staff or an outside vendor. Repainting of a unit will include doors and trim. Window coverings are inspected each time a unit is vacated. If the window coverings are worn, they are replaced at that time. For long-term tenants, the window coverings are inspected at the time of the semiannual inspection. After five years, the unit would become eligible for new window coverings. The exterior of the project is monitored regularly to determine the need for repainting. The repainting of exterior trim, fences, and doors will begin as needed.
5) All major repairs that are beyond the capabilities of our own maintenance staff will be handled on a bid basis notwithstanding emergencies. We will solicit bids from at least three qualified subcontractors on all major repairs and replacements, if possible, to be assured the best possible quality and price. In case of emergency, the Site Manager will use good judgement on how to best handle the situation. In any emergency situation, the Site Manager will contact the Managing Agent as soon as possible with a full report.
The grounds upkeep and maintenance will be carried out by a landscape subcontractor in most cases. When it is more cost effective, the on-site staff will perform the grounds upkeep and maintenance. In 436
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21 most instances, outside contract labor or contractors may be used for exterior painting, parking lot sweeping, major landscape renovation, exterminating, and plumbing.
6) The on-site staff will also be responsible for the cleanliness of the common areas of the complex. The first item on the agenda on the daily maintenance schedule will be policing the grounds and common areas. This will be accomplished by staff members. The on-site staff will also be responsible for maintaining indoor common areassuch as the laundries and recreation room.
j. The tenants will be instructed to make reports to the office for any maintenance or repairs needed. When a tenant comes to the office or telephones with a problem, a work order isfilled out by the office staff and entered into the maintenance schedule.
Upon completion of the work, the tenant is notified that the work is completed, given a copy of the completed work order and a copy is entered into the permanent maintenance log. An additional copy of the completed work order is also placed in the tenant's file. Except when required parts are not readily available, work orders should be completed within 72 hours and emergencies within 24 hours. k. All equipment and supplies are purchased only after shopping for the best price. A minimum of three bids will be required, if possible, for any major equipment purchase. Neither the Owner nor the Agent have any identity of interest with any supplier of products or services on the project.
Our projects have a purchase order system. Goods and services are entered into the system prior to being ordered by the Site Manager, depending on the amount of the order it will go through several authorization levels from Supervisor to Director of Operations. After approval the Site Manger will order the product. Invoices are verified by the Site Manager to ensure goods were received and services were performed and acceptable. Site Manager then turns the order into an invoice, uploading the invoice into the PO System where it will go to theRegional Supervisor for approval and on to our accounting department for payment. l. Reserve for replacement requests is made with appropriate supporting documentation, bids, and justifications, for approval by Managing Agent and Owner where necessary.
10. PLANS AND PROCEDURES FOR PROVIDING SUPPLEMENTAL SERVICES a. Laundry and vending machines are provided from vendors when not owned by the property All vending services and equipment are owned by the vendor. Any cash collected is paid in the form of checks to the appropriate projects and are deposited into the general operating account of the project.
b. All equipment will be owned by vendor, if not owned by the property. 437
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22 c. Vendor forwards a monthly check to be deposited into the operating account of the project. No cash is accepted.
d. Vendor will be responsible for all maintenance, servicing, and stocking any machines.
e. Laundry contracts are normally initiated for a five-year term and renewed every five (5) years at which time the terms and conditions are renegotiated. A new contract is written and signed by both parties. This is a Managing Agent standard contract.
Vending machine contracts are negotiated in the same fashion as laundry contracts.
11. PLANS FOR ACCOUNTING, RECORD KEEPING AND MEETING REPORTING REQUIREMENTS.
a. All project records will be developed by the Agent and maintained in accordance with Agency regulations and policies governing fiscal operations, accounting, and financial reports for multifamily housing projects, and will comply with generally accepted accounting procedures. Required reports will be prepared and submitted from the Managing Agent to the Owner using a modified cash reporting system.
The Agent will be responsible for the preparation and submission of the monthly financial statements. The Owner will contract for the annual audit. The Agent will cooperate with and make all records available to the CPA for the preparation of the audit. The accounting records will be set up and maintained by the Agent in the Agent's office. The records will be kept on a modified cash basis and will comply with generally accepted accounting practices.
b. Project funds will not be co-mingled.
c. The project chart of accounts and bank accounts are either directly or indirectly (through our mapping strategy) compatible with multiple family housing project budgets.
d. The accounting department will be responsible for the preparation and submission of the quarterly and annual reports to the lender, if necessary. e. An independent CPA not associated with the project will provide the annual audit or review.
f. Individual folders will be kept on the project site for all tenants and will contain completed applications, verification of income and certification, lease agreement, credit and criminal reports, security deposit data, rent receipts, work orders, and correspondence. All foldersfor tenants who have vacated an apartment will be kept a minimum of three (3) years and/or a maximum of seven (7) years. 438
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23 g. Tenant records and copies of initial tenant certifications will be retained at the Site Manager's office and will be available during normal business hours for review.
Accounting records will be maintained at the Agent's office and will be available during normal working hours for review. All records are maintained for a minimum of seven years.
12. PROPERTY ACCOUNTS
Disbursements from the Operating Account shall be governed by the following:
a. From the funds collected and held by Agent in the Operating Account and subject to Owner's approved operating budget, Agent shall make the following disbursements promptly when payable, in the following order of priority: (i) salaries and other compensation due and payable to the employees together with related payroll taxes; (ii) real estate taxes and assessments, and fire and other hazard insurance premiums, (including any required monthly escrow payments therefore), utilities, interest on the mortgages, amortization of the principal of the mortgages, fees, and establishment and maintenance of all required reserve funds; and (iii) other payments due and payable by Owner as operating expensesincurred pursuant to Owner's approved operating budget and in accordance with the Management Contract, including Agent's compensation.
b. In the event that the balance in the Operating Account is at any time insufficient to pay disbursements due and payable, Agent shall promptly inform Owner of the fact and Owner may then remit to Agent sufficient funds to cover the deficiency. In no event shall Agent be required to use its own funds to pay such disbursements.
c. Owner shall maintain and fund separate accounts for operating reserves and replacement reserves. Agent shall maintain a separate account for security deposits. All accounts shall be maintained separately from all other funds unless instructed differently by Owner.
13. OPERATING BUDGETS
The Budget shall be mutually agreed to by Owner and Agent. Agent shall control expenses in accordance with the agreed upon Budget. Both the Agent and the Owner will promptly notify the other if either account for, is informed of, or anticipates an increase for any particular item included on the operating budget or any project expense that will impact the total projected operating expense for the Project. The Budget shall include a schedule of recommended rents to be charged for each dwelling unit, including recommended rent increases with respect to Lease renewals and new Leases. In preparing each proposed Budget, Agent and Owner shall each use their best efforts to take account of anticipated increases in real estate taxes, utility charges, and other operating costs including all anticipated office and administrative expenses of the Agent that may be considered Project expenses. If there is any monthly deficient to pay expenses from income received, Agent shall bill Owner for such deficiency and Owner shall use its best efforts to pay Agent such 439
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24 deficient amount within fourteen (14) days, but no later than thirty (30) days.
14. RECORDS AND REPORTS
In addition to any requirements or other provisions of the Management Contract, in accordance with amounts provided in the Budget, Agent shall have the following responsibilities with respect to records and reports:
a. Agent shall establish and maintain a system of records, books, and accounts, including computerized systems, in a manner satisfactory to Owner. All records, books, and accounts shall be subject to examination at reasonable hours by any authorized representative of Owner.
b. Agent shall prepare a monthly report containing and including at least the following for the month just completed: (i) a statement of income and expenses and accounts; (ii) a rent roll; (iii) balance sheet; Agent shall submit each such report to Owner on or before the twenty-fifth (25th) day of each month.
c. Agent shall prepare, execute, and file all forms, reports, and returns required by law in connection with the employment of personnel, unemployment insurance, worker's compensation insurance, disability benefits, Social Security, and other similar insurance.
d. Agent shall establish tenant files containing copies of leases, certification forms, notices, and other documentation required by any lender or the affordability program, if and to the extent applicable.
e. Agent shall file on behalf of Owner, the customary property management compliance reports. Agent shall cooperate fully with all necessary activities of the auditor and paid tax preparer. Agent shall also file compliance reports required by the first mortgage lender and the limited partner. f. Agent shall promptly furnish such additional information (including monthly occupancy reports) as may be requested from time to time by Owner with respect to the renting and financial, physical, or operational condition of the Project. If Agent isrequested to provide any additional reporting other than those outlined specifically in paragraph 14, Sections (b), additional charges will apply.
15. UTILITIES, SERVICES AND ENERGY CONSERVATION MEASURES. a. In accordance with the Budget, Agent shall make arrangements and continue to pay for water, electricity, gas, cable, sewage, and trash disposal, vermin extermination, decorating, laundry facilities, telephone service and other services in connection with the Project.
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25 b. Each tenant will be in direct control over their consumption of gas and electricity. The manager will carry out orientation programs to educate the tenantsin regard to the conservation procedures. Each tenant will be advised how to best maintain their equipment to the best of their ability and to call the office for assistance for those who are unable to maintain the equipment.
Items such as filter changes, thermostat settings, and water temperature control will be an integral part of the program. The manager will develop orientation programs that will include energy conservation measures that consider not only the items listed here, but also optimum times of cooking and not cooking, as well as doing laundry and other household chores. This information will be included at the tenant move-in orientation. c. Management will be involved in conservation at all levels. Particular attention will be paid to conservation of energy in all common areas of the project.
d. Management will be involved in all energy conservation programs on the complex. All-night lighting systems will be on photoelectric cells to go on at dark and off at daybreak; and all watering systems will be set to not over water to the extent that water consumption is escalated, and water runs down the street. Upon a tenant moving out, prior to re-renting the unit, all hot water tanks will be reset to a maximum of 120 degrees. The management will provide filters as necessary to keep the HVAC clean and efficient as well as make service calls on all HVAC that are not operating properly. At the time of the maintenance visit, the maintenance staff is instructed to educate the tenants with regard to conservation of utilities. Additionally, with each visit to a unit the maintenance staff is instructed to inspect the hot water tank for malfunctions. The manager will make available free pamphlets distributed through the utility companies with household hints on conservation when available.
16. PLANS FOR TENANT PARTICIPATION IN HOUSING AND TENANT’S RELATIONSHIP WITH MANAGEMENT.
a. Every effort will be made to encourage residents to initiate, conduct and participate in neighborhood watch programs, resident councils and/or resident social activities. Managers are, likewise, encouraged and prompted to facilitate such activities.
b. The Tenant Grievance and Appeals Procedure is posted in the Site Manager’s office. The tenant/member will submit all grievances to the manager who will be responsible for initial review of the complaint, discussion with their Regional Supervisor and coordination and delivery of the response.
17. PLANS FOR CARRYING OUT MANAGEMENT TRAINING PROGRAMS. 441
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26 a. We maintain our own training program. Regional Supervisors will thoroughly train new hiresin the areas of, Manager's Handbook and company policies and procedures. All new managers are required to attend and pass Agent-sponsored training courses.
b. When a new manager is hired at any complex, the manager trainee is put through our training program which includes all aspects of the particular program under which he or she will be working as well as our management and safety programs. In addition, we conduct periodic safety programs.
Agency approved training programs are utilized for training managers in regulations, certification, and continuing education programs.
18. TERMINATION OF LEASE OR OCCUPANCY AGREEMENTS AND EVICTIONS. a. Agent shall use its best commercial efforts to secure full compliance by each Tenant with the terms ofsuch Tenant's Lease. Voluntary compliance shall be emphasized, and Agent shall make referrals to community agencies and provide a list of local help agencies in cases of financial hardship or other circumstances deemed appropriate by Agent, all to the end that involuntary termination of tenanciesshall be avoided to the maximum extent, consistent, with sound management of the Project. Agent may, if required by Owner, lawfully terminate any tenancy when sufficient cause for such termination occurs under the terms of the Tenant's Lease, including, but not limited to, nonpayment of rent. For this purpose, Agent is authorized to consult with legal counsel and bring actionsfor eviction and execute notices to vacate and judicial pleadings incident to such actions: provided, however, that Agent shall keep Owner informed ofsuch actions and shall follow such instructions as Owner may prescribe for fees and other necessary costs incurred in connection with such actions, as determined by Owner, shall be paid out of the Operating Account. Agent shall properly assess and collect from each Tenant or the security deposit the cost of repairing any damages to the dwelling unit arising during the Tenant's occupancy.
b. The lease agreement clearly outlines all provisions and procedures for the Managing Agent to evict a tenant. Within the Managing Agent's organization, the Regional Supervisors are responsible for determining and overseeing evictions.
c. Agent may take action to terminate or evict any tenants where in Agent’s judgment, sufficient cause for such termination or eviction exists under the terms of the Residential Lease. Agent is authorized to retain legal counsel to bring action necessary to carry out the decision to terminate or evict with prior authorization of Owner’s legal department. Agent shall keep Owner informed of the progress of such actions if requested.
d. The Regional Supervisor and Site Manager are knowledgeable in all legal 442
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27 requirements regarding notification of State laws in evictions. Additionally, all personnel are trained in State and Local laws regarding tenant evictions and lease terminations. Included in this training are requirements regarding notification that must be given to a tenant when termination of the lease or eviction is proposed. When violations occur, violation notices are served prior to an actual eviction notice.
19. INSURANCE
a. The Managing Agent is knowledgeable and is responsible for furnishing fidelity bond coverage as a Project expense. All employees will be covered by the Agent's fidelity bond in the amount of $750,000 per instance. b. Agent shall investigate and immediately furnish the Owner with full reports of all accidents occurring on or about the premises of the Project or in connection with the operation of the Project, or any claims or potential claims for damage arising out of such accidents on forms provided by Owner. Agent shall cooperate with the Owner and insurers in the investigations and settlement thereof. The liability policy will name Agent as an additional insured. Owner will provide Agent with the current Project’s insurance certifications listing Agent as additional insured on an on-going basis.
20. TERMS OF AGREEMENT
A copy of the proposed Management Plan is attached as a subpart of the Management Contract.
21. MANAGEMENT COMPENSATION
The Management Agreement sets forth the responsibilities as well as the compensation and how the compensation is to be paid to the Managing Agent. All management fees will be paid monthly.
22. ON-SITE MANAGEMENT.
a. The Site Manager will perform on-site management duties. b. The Site Manager and staff job descriptions begin in Section 2. c. The Site Manager or a maintenance person must live on site in a rent-free apartment.
d. Office hours will be established to meet the needs of the tenants within the limits set by the approved budget. Current hours will be posted on the office door.
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28 23. VALIDITY OF THE MANAGEMENT PLAN
I hereby certify this plan and agreement addresses all aspects of project management.
Signature
Managing Agent
Title Vice President
Date
Signature
Owner
Title
Date
CFO
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29 Management Plan Attachments
1. Resident Selection Procedure
2. Waiting List & Instructions
3. Waiting List Contact Letter
4. Security Plan
5. Lease Agreement
6. Rules and Regulations
7. Addendum, Drug & Crime-Free Housing
8. Resident Notification Letter & Low-Income Lease Rider Forms
9. Mold & Mildew Addendum
10. Satellite Dish Installation
11. Tax Credit Addendum
12. Lease Addendum, Public Access
13. Bedbug Addendum
14. Lease Addendum, Violence Against Women Act of 2005
15. Race and Ethnic Reporting Data Reporting Form
16. Tenant Contact Log
17. Annual Recertification Initial Notice
18. Unit Inspection Report
19. Moisture Inspection Report
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ATTACHMENT E – Services for Supportive Housing Residents
1. General. The Service Provider(s) are County staff or community‐based organizations who have experience with chronically homeless individuals and families, including those who are high users of safety‐net services such as emergency and acute health services. The Service Provider integrates case management, clinical services, educational and vocational services and housing servicesto help chronically homelessindividuals obtain and retain permanent housing. The Service Provider is responsible for helping individuals:
a. Enroll, engage and remain engaged inservices;
b. Obtain permanent housing as quickly as possible, with the goal of moving into housing within 60 days of enrollment in casemanagement;
c. Remain housed for at least 12 months or leave the program for otherstable and affordable housing situations;
d. Improve their health and wellness, an indication of which can be a reduction in the unnecessary utilization of emergency and acute health services; e. Improve their self‐sufficiency by obtaining and retaining sufficient resources to meet their basic needs;
f. Obtain and retain stable income that is greater than or equal to $850; g. Receive appropriate medical and behavioral health services; and, h. Meet the goals that they set for themselves with respect to self‐sufficiency, employment, and quality of life.
2. Key Service Principles
a. Housing First: Housing is the foundation upon which homeless persons can end their homelessness, address their health conditions and improve their stability and self‐ sufficiency, the Service Provider makes every effort to place individuals in housing as quickly as possible with the least number of pre‐conditions. Once housed, even the “hardest to serve” can succeed with proper support. Participation in services are not required. However, participation in services are encouraged, and the Service Provider is required to continually implement engagement strategies. The only behaviors that might trigger an involuntary exit from the program are those associated with serious or repeated lease violations, unit abandonment, or long‐term incarceration/institutionalization. b. Community‐based service delivery: The team provides clinical services in the settings where the participant is most comfortable.
c. Consumer choice: Each participant can define his/her own recovery goals. d. Recovery: Everyone is capable of recovery but it will look different for each person. With stable housing and appropriate services, individuals will become healthier, more stable, happier and more self‐sufficient.
e. Harm reduction: The Service Provider focuses on reducing the negative consequences of drug use, not enforcing sobriety.
f. Success: The Service Provider continually reinforces the possibility of success for each participant, conveying that faith and hope directly to them, so that they eventually believe in themselves.
g. The Service Provider maintains a “whatever it takes” approach to meeting the clients’ needs and ensures that the changing needs of the clients aremet. 446
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3. Service Components. The Service Provider is responsiblefor:
a. Outreach, Enrollment, Assessment and Planning
i. Locating each potential Supportive Housing Resident, establishing trust and rapport and enrolling the individual (or family) in the Service Provider’s program. ii. Conducting assessments to identify psychosocial, life skills and functional needs, eligibility for entitlement programs (e.g., General Assistance, IHSS, etc.) and self‐ sufficiency needs;
iii. Maintaining appropriate levels of engagement and sustaining clients’ belief in recovery; and;
iv. Developing client‐centered service plans to obtain and retain housing, improve health conditions, improve daily living activities, increase meaningful daily activities and to achieve long‐termstability.
b. Housing Attainment andRetention
i. Assist clients to obtain and maintain permanent housing by assisting with rental application processes (and re‐certifications), appeals, and making referrals to services that would facilitate tenancy (e.g., financial education programs for those who have been accepted on a credit appeal);
ii. Helping the client understand lease provisions and propertyrequirements; iii. Assisting clients with their move‐ins including coordinating furniture and household goods;
iv. Providing clients with the skills/knowledge to be successfultenants; v. Helping to resolve disputes between the participant, property management and/or other residents;
vi. Helping individuals respond to effectively and appropriately to lease violations; vii. Responding to crises identified by the client, the property management, or other persons (as appropriate) within one business day;
viii. Helping clients relocate to other permanent housing when it is in the best interest of the client; and,
ix. Performing wellness checks when needed.
x. Attend meetings as required by this project. Ensure that the Supportive Housing Residents’ case managers participate in these meetings asappropriate. c. Treatment and Services. All services are voluntary, connected to a treatment or services plan, responsive to the participant’s needs/diagnosis, and geared toward helping them manage symptoms. The Service Provider:
i. Provides or helps clients access primary care, specialty care, dental care and behavioral health services, including substance abuse counseling, Individual and family counseling, crisis intervention/support and medication management/education;
ii. Coordinates health services or supports health care providers in their efforts to coordinate health services;
iii. Assists clients in applying for assistance programs including, but not limited to, Medi‐Cal and MediCare, Supplemental Security Income, General Assistance and utilities discounts;
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iv. Helps clients access employment services, job training, and/or volunteering opportunities;
v. Identifies, encourages and helps clients connect to social networks, peer support and leisure activities; and,
vi. Assists clients with other basic needs such as transportation, food/nutrition, life skills and basic hygiene.
4. Staffing and Service Model. Individuals’ complex needs will require interdisciplinary teams to work in a coordinated manner. These teams may be part of one or a few organizations operating under the principles of service models such as Assertive Community Treatment (ACT). The size and composition of the team may vary depending on target population, case load size and organizationalstrengths.
Regardless of team composition, each client will be assigned a case manager (aka, Intensive Case Manager, Personal Service Coordinator, Service Coordinator, etc.). The case manager is responsible for completing a full assessment, preparing a Treatment Plan, establishing and maintaining a therapeutic relationship with each participant on their caseload, and for coordinating treatment, services, supportive therapy, and crisis management. The case manager is the primary point of contact for property managers and resident services staff. Case managers will be mobile and will deliver most services at or near a client’s home. When warranted by case load size, appropriate facilities and client need, case managers will have offices (or office hours) on site.
Staffing ratios and the frequency of services (e.g., case management sessions and home visits) will adapt based on client needs and progress toward goals. The concept is to have extremely low client to staff ratios during the initial engagement and move‐in phase. For example, a case manager may work with five or fewer unhoused chronically homeless persons for three to six months before taking on additional clients. During the initial housing phase ‐ the first 12 to 24 months of housing ‐ case managers would have caseloads of 20 or less clients. During these two phases, case managers and service teams may have contact with clients daily or multiple times per week. It is expected that, for the majority of residents, this intensity will decrease over time as needs decrease.
As needs and service interactions decrease, clients move into the housing retention phase. While all clients remain a part of the supportive housing program, client to staff ratios may increase, the service focus may shift to wellness goals, and the case management role may shift to peer support specialists or community workers who are a part of or working in conjunction with the Service Provider organization(s).
Service levels and staffing ratios will revert to higher levels in response to client‐specific needs and situations(e.g., medical emergenciesthat require more intensive care to help an individualrecover and regain their health). Reversion to higher levels of service may be short‐term, long‐term or permanent. Regardless of how long a client has been housed, County and its Service Provider is responsible for ensuring an adequate level of service to achieve and maintain the goals described in section 1.
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5. Administrative Activities. The Service Provider is responsible to the County for accurately documenting services for assessment, care planning, clinical, billing, program assessment and reporting purposes. For most providers this includes use of or compliance with standards for the Homeless Management Information System and electronic health records for the specialty mental health and behavioral health system.
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Milpitas City Council Meeting
Item # 15: Receive Report on the
Homekey Project at 1000 Hillview Court
August 16, 2022
City of Milpitas
455 E. Calaveras Blvd., Milpitas, CA 95035
www.milpitas.gov 408-586-3000
2 Presentation Overview
Presentation by Jamboree (Project Owner)
• Project Information
• Operating Practices and Standards
• Communication Plan
• Roles and Responsibilities
• Services
• Lease Terms and Enforcement Process
Presentation by Police and Fire staff
• Calls for Service
• Staffing
• Types of Calls for Service
• Next Steps
Hillview Court Overview
Permanent Supportive Housing
Presenters
• George Searcy, Chief Impact Officer, Jamboree Housing • Consuelo Hernandez, Director, County of Santa Clara, Office of Supportive Housing
• Paige Range, Hyder Regional Manager
Hillview Court
• The Hillview Court property is a former Extended Stay America hotel. Jamboree, in partnership with the County of Santa Clara entered an agreement to redevelop the property into a permanent apartment housing community.
• The redevelopment converted the 146 room hotel into 134 units of supportive housing with kitchenettes and approximately 6,000 square feet of community services, case management offices, property management offices and community meeting areas.
• The first round of planned upgrades to the property will be completed by October 2022 and include exterior recreational space behind the apartment building. • A second round of improvements is slated for funding in 2023 that will provide another set of security features, exterior and interior amenities and other physical improvements.
Jamboree is a Nonprofit Corporation founded in 1990
Mission
Jamboree delivers high quality affordable housing and services that transform lives and strengthen communities
Jamboree
Entitlements
Families
Seniors Special
Populations
Veterans
Populations Jamboree Serves
20,000 residents
750 veterans
3,120 seniors
Supportive Housing combines affordable housing
with specific supportive services designed to
help individuals and/or families live
independently with support.
This type of housing is effective for individuals
and families who have experienced
homelessness and those with other special
needs or disabilities.
Supportive services provided onsite offer care
coordination, life skills support and assistance
with requirements of living independently. If
residents require clinical treatment or counseling
services for behavioral health or physical health
care, services staff coordinate the resident
receiving those services offsite.
What is Supportive Housing?
Hillview Court
Operating Practices and Standards
Roles and Responsibilities
Supportive Services
(Abode & Jamboree)
Property Management
(Hyder)
Prior to move-in Coordinate with case manager; create
move-in packet for resident
Coordinate with housing authority and case
managers; sign lease with resident
1st 30 days Evaluate/assess needs; orient resident to
the building and new environment
Review building procedures, safety, and house
rules
1st 90 days Encourage resident to attend community
meeting & onsite groups; assist with life
skills
Collect rent, be available for questions or
concerns
Rent Assist with money management and
budgeting; services should never accept
rent
Collect rent; contact services of any late payments
of rent; negotiate payment plans if resident falls
behind in lieu of eviction
Roles and Responsibilities cont.
Supportive Services (Abode) Property Management
(Hyder)
Lease obligations Abode staff educate resident on how to follow lease; review lease with resident when there are violations;
ensure resident is provided necessary and sufficient
support.
Monitor resident compliance with lease and
house rules; issues perform or quit notices when
there is a violation; speak to services staff when
there is a violation
Resident Mental
Health
Respond promptly to crises; provide linkage to crises
service; develop intervention strategies and notify PM as appropriate. Contact police if threat to the resident or others including staff, reach threshold of verbal threat to health or safety or physical engagement.
Alert Abode Services staff of crisis and do not
directly resolve. Contact police if threat to the
resident or others including staff, reach
threshold of verbal threat to health or safety or
physical engagement.
Incidents/Emergencies
in the apartment
building
Notify PM immediately; assist with resident safety.
Contact police if threat to the resident or others
including staff, reach threshold of verbal threat to health or safety or physical engagement.
If there is a flood, fire, altercation or threat
respond immediately and contact public safety
accordingly; write incident report
Behavioral Issues Identify behavioral issues; review issues with resident; develop behavioral contract; home visits; linkage to
services
Enforce lease and house rules; inform services
staff of observable behavior
Hillview Communication Plan
When Lead Who Why
1x/week Jamboree
Direct Service Providers
(DSP): Jamboree, County
Contracted service
provider, and PM
Review the status of all tenants who live in the property.
Items to be reviewed: General issues; Upcoming notices
to tenants, unit inspections or events; New tenant movein; Permanent tenant move-out; Temporary tenant move-out; and MHSA household review
2x/month
Property
Management
Core team: Jamboree
(including asset
management) and PM
Property updates, asset management, housekeeping
issues, notices, emergency updates, pest control,
property interior/exterior, calendar events/activities, community meetings, upcoming supportive service
events
Weekly
to 1x/month
Jamboree
All Hands: Jamboree, all
service providers,
VA, County, PM, and
Housing Authority
Property updates, PM concerns, security, housekeeping,
notices, emergency updates, pest control, property
interior/exterior, calendar events/activities, community meetings, upcoming supportive service events
TBD Public
Safety
Meetings
Jamboree
City of Milpitas Public Safety,
Jamboree staff, Property
Management, others as
needed
Hillview has experienced a high volume of incidents that involve public safety personnel. In order to better build a joint partnership with the City a protocol to report on and develop action plans to reduce such incidents.
Security
• Access-controlled entry
• Visitation protocols for non-residents
• Security cameras on exterior and interior of buildings • Jamboree reviewing internal policies with Hyder re: PD access • Two full-time property management reside onsite
• Current 2 on-site security guards 24/7
• Camera placement plan will be reviewed with PD
• Property managers must notify Abode and Jamboree services staff of late rents, incidents, and any other issues relevant to a resident/household remaining stably housed.
• Notices to residents must be first approved by AM and delivered to residents. Services staff are available to respond to resident concerns about notices and will be informed when notices are distributed. • Services staff inform property management when planning onsite activities and events to ensure effective coordination.
• Regular and frequent meetings between property management and services staff are required by Jamboree. Meetings review: incident/issues including public safety incidents, vacancies, building maintenance issues, policy and staff changes, and resident problems.
Hillview Court
Jamboree Operations Standards
Care
Coordination/Communication
Healthcare Access
Community Events
Workshops
Case Management
“Whatever it takes”
Onsite
Services
Plan
City of Milpitas
Public Safety Personnel
Jamboree Services Staff Abode Services
Property Management
(Hyder)
Santa Clara County – OSH
Partners Security Services
Abode & Hyder
• Services can support PM by helping them work with residents on behavioral issues and crises. • PM can report observable behavior from residents when services is not present. • Services must comply with resident confidentiality requirements, but can creatively communicate with PM to express needs of a resident. When appropriate, services can obtain a release of information to discuss certain topics with PM.
• It is important that PM and services maintain at least bi-weekly meetings to discuss resident issues and coordinate plans. It is critical that both parties are on the same page and in the know about what is going on.
Abode & Hyder & Jamboree
• It is PM responsibility to enforce the lease, write notices, and serve notices. Jamboree has the ultimate responsibility to review eviction processes with the purpose of ensuring that the best outcome for the resident and the property is achieved.
• Services responsibility is to follow-up with residents and help residents process the notices and work towards compliance.
• Property Management reviews its planned resident communications with the services team and Jamboree staff to ensure internal coordination.
Roles and Responsibilities
Any behavior that violates the terms of the lease agreement that results in a threat to the right of all residents to “quiet enjoyment” of their residence or to the health and safety of the resident(s) can and does result in a move to evict the resident.
The intent of this form of housing is to afford an environment where formerly homeless persons can receive support to live in community with others. Jamboree seeks to avoid evictions wherever possible as housing options for this population are extremely limited.
Hillview Court has successfully exited some residents to other housing/residential options when their behavior or lease violations create an unacceptable risk to health, safety or the well-being of the Hillview Court residents in total.
Enforcement of Lease
Property Management will formally notify services staff of lease violation. • Property management enforces lease
• Services notified of formal lease violation prior to delivering to resident • Services and PM determine if services needs to be present for violation delivering. • Services and Property Management share goal of remediation of lease violation behavior when possible.
• PM and services review any concerns with residents jointly to create a solution • PM follows-up with legal counsel as needed
• Proceeding to a formal eviction is the responsibility of property management (Hyder). This action is taken in consultation with Abode and Jamboree to ensure close coordination to manage the households exit to avoid, if possible, another episode of unsheltered homelessness.
• Eviction processes are required to follow State and Federal law. Eviction processes are reviewed by property management legal counsel and require a prescribed process.
Enforcement of Lease
Thank You!
Website: www.jamboreehousing.com/HillviewCourtMilpitas
Link to leave comments or: [email protected] 22 Staff Update on
Public Safety Services
at
1000 Hillview Court
23 Project Homekey
Impact on Public Safety Services
Increase in Calls for Service
Increase in Public Safety Staff
Time
Types of Calls for Service
Next Steps
24 Calls for Service Data
Police Department
25 Total Events:
Past 3-Years
Does not include Patrol Checks
Calls for service increased as occupancy
increased
Significant increase in calls for
service over the past 4 months
121
206
269
0 50
100
150
200
250
300
COUNT
Total PD Calls by Year
2020
2021
2022
6 5
12 9 7 8 10
34 17
12 1
7 27
8 24
15 17
13 9
36 15 16 18 19
16 24
51 50 51 53
6 0
10 20
30 40
50 60
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
COUNT
Total PD Calls by Month
2020
2021
2022
YTD*
YTD*
*August 8
26 Type of Calls for Service
Call Category Examples
Burglary/Theft
Commercial Burglary, Residential Burglary, Found property, Grand theft, Petty theft, Receive/possess stolen prop,
Recovered stolen vehicle, Robbery, Stolen vehicle Tampering with a vehicle, Theft, Vehicle burglary
Disorders Disorder (combined events, family, fight, music, neighbor, unknown, weapon)
Drug Related Controlled Substance, Possession, Possession for Sale, Under the influence
Mental Health/Health Suicide, Attempted suicide, Mentally disturbed person, Possible dead body
Suspicious Activity Suspicious circumstances, Suspicious person, Suspicious package, Suspicious vehicle, Suspicious alarm
Violation Municipal code violation, Vehicle violation, Violation of protective order, Weapons Violation, Traffic hazard
Violence Assault, Assault with deadly weapon, Battery, Resist Arrest, Domestic violence, Attempted Homicide, Rape, Carjacking Welfare Check Welfare check
Other
Arson, Fraud/Forgery, Sex Reg, Family Neglect/Abuse, Liquor Laws, Drunk, Gambling, DUI, Trespass, Prowling, Animal
Noise, Accident, Warrants, Officer Fill, Courtesy Service, Civil Problem, Property Tows, E911 Hangup, Registrants,
Vandalism, Court Order Violation
27 Other
• Arson, Fraud/Forgery, Sex Reg, Family Neglect/Abuse, Liquor Laws, Drunk, Gambling, DUI, Trespass, Prowling, Animal Noise, Accident, Warrants, Officer Fill, Courtesy Service, Civil Problem, Property Tows, E911 Hang-up, Registrants, Vandalism, Court Order Violation Suspicious Activity
• Suspicious circumstances, Suspicious person, Suspicious package, Suspicious vehicle, Suspicious alarm.
Welfare Check
Police Events by Categories and Year
6 13
3 4
51 30
4 2 7 8
23 1
9 59 61
3 12
31 9
42 5 6
101
33 7 11
55 0
20 40
60 80
100
120
Burglary/Theft Disorder Drug Related Mental
Health/Health
Other Suspicious
Activity
Violation Violence Welfare Check
COUNT
PD Calls by Categories by Year
2020
2021
2022 YTD*
*August 8
28 Officer Initiated Activity
61 77
74 0
10 20
30 40
50 60
70 80
90 COUNT
Self-Initiated Events by Year
2020
2021
2022
44 111
51 0
20 40
60 80
100
120
COUNT
Patrol Checks by Year
2020
2021
2022
• Patrol Check:
An officer proactively patrols the area.
• Self-Initiated Event:
An event generated by an officer.
YTD YTD*
*August 8
29 Officer-Initiated Activity by Type and Year
3 1
30 24
3 2
27 40
3 2 3
7 6
3 35
16 3 2 2
0 5
10 15
20 25
30 35
40 45
Burglary/Theft Disorder Drug Related Other Suspicious
Activity
Violation Violence Welfare Check
COUNT
Self-Initiated Categories by Year
2020
2021
2022
Other
• Arson, Fraud/Forgery, Sex Reg, Family Neglect/Abuse, Liquor Laws, Drunk, Gambling, DUI, Trespass, Prowling, Animal Noise, Accident, Warrants, Officer Fill, Courtesy Service, Civil Problem, Property Tows, E911 Hang-up, Registrants, Vandalism, Court Order Violation Suspicious Activity
• Suspicious circumstances, Suspicious person, Suspicious package, Suspicious vehicle, Suspicious alarm.
YTD*
*August 8
30 Number of Calls for Service and
Average Time Spent
0 10
20 30
40 50
60 70
80 0
10 20
30 40
50 60
70 Average Minutes
# of calls
2020 2021 2022 Linear (2020 Time) Linear (2021 Time) Linear (2022 Time) *YTD August 8
*
31 Average Time Spent by Month and
Year
1000 Hillview Calls
2021
MONTH Calls Avg Time TOTAL TIME
JANUARY 10 20:06 3 HRS 21 MIN
FEBRUARY 35 42:58 25 HRS 3 MIN
MARCH 15 20:25 5 HRS 6 MIN
APRIL 32 65:07 35 HRS 43 MIN
MAY 26 23:22 10 HRS 7 MIN
JUNE 25 49:40 20 HRS 41 MIN
JULY 35 16:52 9 HRS 50 MIN
AUGUST 31 16:54 8 HRS 43 MIN
SEPTEMBER 44 30:45 22 HRS 33 MIN
OCTOBER 20 27:13 9 HRS 4 MIN
NOVEMBER 22 18:36 6 HRS 49 MIN
DECEMBER 22 37:37 13 HRS 47 MIN
2021 TOTAL 317 32:09 169 HRS 51 MIN
7 DAYS 1 HRS
2021 Avg/Month 26.4
1000 Hillview
Calls 2022
MONTH Calls Avg Time TOTAL TIME
JANUARY 24 64:11 25 HRS 40 MIN
FEBRUARY 21 20:34 7 HRS 11 MIN
MARCH 34 29:57 16 HRS 58 MIN
APRIL 57 47:46 45 HRS 22 MIN
MAY 56 74:32 49 HRS 33 MIN
JUNE 58 31:29 30 HRS 26 MIN
JULY 63 53:39 56 HRS 19 MIN
AUGUST 7 16:34 1 HRS 55 MIN
SEPTEMBER
OCTOBER
NOVEMBER
DECEMBER
2022 TOTAL 320 47:32 253 HRS 30 MIN
10 DAYS 13 HRS
2022 Avg/Month 40.0
*Through August 8th
32 Calls for Service Data
Fire Department
33 Total Fire Calls for Service:
Past 3-Years
34 FIRE DEPARTMENT INCIDENTS
BY MONTH
35 Type of Calls for Service
Call Category Examples
EMS Emergency Medical Services call (excluding vehicle accident) ALARM Smoke detector or alarm system activation
FIRE Building or cooking fire (confined to container)
HAZARD Hazardous condition
OTHER Invalid assists, elevator rescue & odor / smoke removal 36 FIRE DEPARTMENT INCIDENT TYPE
38 Next Steps
Assign a liaison to collaborate with all stakeholders
Establish a primary contact for each stakeholder group including afterhours contacts
Share information to identify key issues and collaborate on solutions Quarterly reports to Council
39 Recommendation
Receive a Report on the Homekey Project at 1000
Hillview Court
City of Milpitas
455 E. Calaveras Blvd., Milpitas, CA 95035
www.milpitas.gov 408-586-3000
August 16, 2022
City Council Meeting
Presentations
Item #12: 2022 Report on Compliance with Public Health Goals for Drinking Water Item #13: Economic Development & ARPA Economic Vitality Investment Framework Update
Item #14: Objective Design Standards
Item # 15: Receive Report on the HomekeyProject at 1000 Hillview Court Item #16: Discuss the Formation of a City Council Ad Hoc Naming Subcommittee and Appoint the Subcommittee Members
Item # 17: Council Requested Workplan Items
Milpitas City Council Meeting
Item #12: 2022 Report on Compliance
with Public Health Goals for Drinking
Water
August 16, 2022
City of Milpitas
455 E. Calaveras Blvd., Milpitas, CA 95035
www.milpitas.gov 408-586-3000
2 Agenda
• Background
• Findings
• Key Takeaways
• Recommendations
3 Background
• A Public Health Goal (PHG) is the level of a chemical contaminant in drinking water that does not pose a significant risk to health. • Reporting provides customers with information on quality and safety of their water.
• Reporting is required per California Health & Safety Code, Section 116470(b) IF the water system meets the following:
at least 10,000 or more service connections AND IF
sample results exceed one or more PHGs or Maximum
Contaminant Level (MCL) Goals
• Reporting is required every 3 years to meet State law This report covers City’s water supplied between year 2019 and 2021.
4 Background (continued)
Overview of Water System
San Francisco Public Utilities
Commission (SFPUC)
• 70%
• 4 Turnouts
• Serves 4 Pressure Zones
Santa Clara Valley Water
District (VW)
• 30%
• 1 Turnout
• Serves 2 Pressure Zones
5 Findings
5 City’s Water Distribution System
The City of Milpitas conducts weekly, quarterly, annual, triennial, and 9-year sampling and monitoring of the City water system. • None of the sample results from the City’s water system during this reporting period exceeded the MCL allowed in drinking water or the PHG Wholesale Water System
In 2021 VW reported detectable levels of bromate above the Public Health Goal of 0.1 ug/L but below the MCL of 10 ug/L.
• Bromate can be formed as a byproduct of disinfecting drinking water through ozone when naturally occurring bromide reacts with ozone in the treatment process.
• VW required to test for bromate due water treatment process • Despite this detection, VW has already implemented the best available technologies and best practices by monitoring its water supply to optimize disinfection byproduct control.
• VW uses ozone disinfection which creates less byproducts than using hypochlorite.
6 Key Takeaways
Continue to implement best available
technologies and best practices for
monitoring and maintenance of our
water system.
VW continues to implement best
available technology for reducing
bromate formation.
VW continues to monitor its raw and
treated water supply to optimize
treatment for disinfection byproduct
control.
7 Recommendations
Open the Public Hearing, receive public comments, and then move to close the public hearing
Accept and approve the 2022 Report on Compliance with Public Health Goals for Drinking Water
City of Milpitas
455 E. Calaveras Blvd., Milpitas, CA 95035
www.milpitas.gov 408-586-3000
Milpitas City Council Meeting
Item #13: Economic Development &
ARPA Economic Vitality Investment
Framework Update
August 16, 2022
City of Milpitas
455 E. Calaveras Blvd., Milpitas, CA 95035
www.milpitas.gov 408-586-3000
2 Office of Economic Development
Discussion Topics:
Introduction to Economic Development Specialist
ARPA – Economic Vitality Investment Framework
COVID-19 Business Resources & Workforce Recovery Program Economic Development Strategy
Business Attraction/Retention/Expansion & Permit Assistance Business Resources – COVID & Beyond
International Trade & Commerce Program
Regional, State, & National Leadership
Other Key Economic Development Work Efforts
3 American Rescue Plan Act (ARPA)
Economic Vitality Investment
Framework
4 American Rescue Plan Act (ARPA)
City Council approved ARPA Economic Vitality Investment Framework allocating COVID-19 financial aid for business resiliency & recovery:
Small Business Assistance Grant Program ($1,570,000)
Assistance to Hotels ($130,000)
Main Street Revitalization ($375,000)
• Storefront Improvement Grant Program ($300,000)
• Business Improvement District Feasibility Analysis ($75,000) Financial Assistance to Chamber of Commerce ($200,000)
Workforce Development ($300,000)
Catalytic Converter Theft Deterrent Program ($200,000)
Limited Term Economic Development Specialist Position ($330,000) 5 ARPA Small Business
Assistance Grant Program
6 Small Business Assistance Grant Program
371 applications received & 343 small businesses deemed eligible Public lottery conducted on 4/8 to determine final awardees Council-directed prioritization to bypass the lottery process:
• 20 gyms, fitness centers, and yoga studios
• 46 daycare centers (commercial and home-based)
• 6 past applicants of the 2020 Microenterprise Grant Program, but did not receive an award
276 grants of $5,000 ($1,380,000) + 67 businesses that applied will receive $1,700 grants (343 total business)
7 Applicant Profile
371 applications received & 343 small businesses were deemed eligible for grants.
8 Applicant Testimonials
“As a small business, it truly is a
family effort ... We had to
suspend our house payments
and my son moved in to help
with some bills.”
“This grant would be like water
to me in the middle of the
desert. I will be able to pay for my
website update, store lease, utility
bills, and PPE supplies.”
“Due to COVID events,
conventions and overall business
have been closed. Since we do
event and conventions signage, we
have had a direct impact on our
overall sales. We’ve had a loss of
65%-75% in revenue due to
COVID-19 restrictions.”
“I am very grateful for you all.
Some might see this as just a
“job” but you have the ability to
help others that can’t for
themselves. Be proud of where
you are right now.”
9 ARPA Hotels Assistance
Grant Program
10 Background – Hotels Assistance
As of 4/8/2022, the City received 15 grant applications out of 20 hotels residing in Milpitas
2 hotels rescinded their grant applications and the City proceeded w/processing 13 grant awards
Out of $200,000 budgeted for this program, $130,000 was disbursed to 13 hotels
$70,000 has been re-appropriated for small business grants 11 Survey Data – Level of Satisfaction
Small Business
Assistance
Grants Survey
Hotels Assistance
Grant Survey
12 Survey Data – Use of Grant Funds
Small Business
Assistance
Grants Survey
Hotels Assistance
Grant Survey
13 Remaining ARPA Economic Vitality
Investment Framework Programs
14 ARPA Workforce Development
On 12/14/2021, City Council approved $150,000 in Workforce Development grant funding for the following non-profit beneficiaries:
• $40,000 - Milpitas Youth Force
• $50,000 - Evergreen Valley College’s Amazon Cloud Practitioner Program • $40,000 - First 5 SCC’s Early Childhood Education Teacher Apprenticeship . • $10,000 - Rising Sun Center for Opportunity’s Pilot Climate Careers Externship • $10,000 - Build It Green’s Certified Green Building Professional Training 15 ARPA Catalytic Converter Theft
Deterrent Program
Crime prevention program to deter catalytic converter theft while providing financial assistance to Milpitas automotive businesses Cross-Department Collaborative Program involving:
• City Manager’s Office; City Attorney’s Office; Police; Finance; Recreation & Community Services; Information Technology; and Economic Development Staff canvassed 8 automotive businesses to ask implementation questions to define program parameters
Next Steps:
1) Finalize application web portal;
2) Promote program;
3) Register businesses and residents
4) Coordinate monthly reimbursement schedule for businesses 16 Assistance to Milpitas Chamber of Commerce
City Council approved $200,000 of ARPA financial assistance to the Chamber of Commerce on August 9, 2021
On August 9, 2022, the City Council directed staff to pause the grant award process until the following deliverables are accomplished:
1) Financial reports for a 12-month period;
2) Work Plan for the Spring 2023 Art & Wine Festival; and 3) An explanation of how ARPA funds will be used.
17 Main Street Revitalization
Business Improvement District (BID)
• BID feasibility analysis/technical support for
property/business owners on Main Street
• BID formation & Engineer’s Report
• RFP – Scope of Work being developed
Pilot Storefront Improvement Program
• Purpose: improve appearance of storefronts
enhance business marketability, increase property
values & attract new visitors
• Eligible improvements:
• paint, lighting, signage, awnings, windows
• outdoor seating/dining, landscaping
• benches, historic architectural features
18 Pilot Storefront Improvements Grant Program
Pilot Storefront Improvement Program
• First application - Red Chillies & The Best Sandwiches • Outdoor dining btw two restaurants to create a festive & safe destination • Outdoor Dining Ordinance - parking reduction allows seating for up to 48 people • Planning Commission (September) & City Council (October) consideration 19 COVID-19 Business
Resiliency & Recovery
20 COVID-19 Business Resources
21 COVID-19 Workforce Recovery Program
NOVAWorks - MyPlan Career Accelerator Program
• Major labor market disruptions.
• Residents/businesses in discovery phase.
• Residents/businesses struggling for greater resilience. • Workers seeking new opportunities.
• Divide between tech & restaurant, retail pandemic experiences. • General lack of awareness of available resources.
• Many businesses teetering on the brink.
22 Economic Development Strategy
7 Topic Areas, 35 Strategies & 64 Implementation Actions
1. Small Business, Entrepreneurship & Preventing Displacement
2. Retail & Restaurants
3. Workforce Development & Education
4. Technology & Advanced Manufacturing
5. Light Industrial, Industrial & Warehouse/Distribution
6. Innovation District & Real Estate Development
7. City Marketing & Processes
23 Business Attraction,
Retention & Expansion
& Permit Assistance
24 Business Attraction, Retention & Expansion
25 Business Attraction, Retention & Expansion
Tasman Tech Center
• MKS Instruments - 102K sf Santa Clara
• SMART Modular Technologies - 22K sf Newark
• cPacket Networks - 13K sf
• Virtusa Corp - 14K sf Newark
• Socionext - 34K sf Santa Clara/$1.4M buildout
Park Point Tech
• Corsair Gaming 118K sf, Fremont, 500+ employees
• BD Biosciences 240K sf, 800 employees
Element Hotel
• Job Fair Partnership with OED
• 100% occupied during summer 2022
Retention & Expansion
• Johnson & Johnson – construction costs $1.7M
• KLA Plus – 2 projects/construction costs $16.5M
26 Business Resources – COVID & Beyond
NorCal Small Business Development
Center – Webinars Hosted
• 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
• Foment relationships with Real Estate Brokers,
Developers and industry leaders
• Objective Design Standards, Housing Element,
Metro Specific Plan, Gateway/Main Street
Specific Plan, Climate Action Plan, Workforce
Dev. Fiscal Benefits of Employment, etc.
27 International Trade & Commerce Program
Mission College – International Trade 101 Webinar Series:
• International Market Research – July 2021
• Export & Import Finance – August 2021
• International Logistics – September 2021
• Global Digital Marketing – October 2021
Manufacturing Day – 5th Annual:
• Career pathways in Tech/Advanced Mfg., COVID-19 trends & need for more women in Tech/Advanced Mfg.
• Partnership between City, EDTC, MUSD, NOVAworks, SEMI & Headway Tech 2022 SelectUSA Investment Summit:
• Selected to join Go-Biz on CA delegation
• 20 delegates statewide
• Promoted FDI/attracting int’l businesses
• Highlighted opportunities in CA & Milpitas
28 Regional, State, & National Leadership
SC County Economic Support Function
Team
• Hotel & Travel Industries/SV GBTA, etc.
• Reconnecting Silicon Valley (RSV)
• Award Consideration – Econ Dev Industry Org.
Silicon Valley Economic Development
Alliance (SVEDA)
ICSC - Community Advancement CoChair
• Monterey Conference – March 2022
• SVEDA/ICSC Conference – November 2022
Stanford University – Urban Studies
• Milpitas Microenterprise Grant Program
• Innovation District
SelectUSA Economic Summit – Go-Biz
29 Other Key Economic Development Work Efforts
Real Estate Transactions & Asset Mgmt.
• 1700 Sango Court – Purchase $5.35M
• 1841 Tarob Court – Purchase $11.1M
• Temporary Fire Station No. 2 - $400K
• Nibbi Construction – Lease $135K
• South Main St. – Parcel #1 Disposition
• Real Estate & Asset Mgmt. RFP – SOW RFP
Fiscal Benefits of Employment Lands
• Preserve employment lands through land use
• Employment lands = net positive revenues
• Strengthen Long-Term Fiscal Sustainability
Innovation District & Implementation Actions
• Dynamic well-connected business district
w/proximity to public transit & residents
• Business attraction & expansion opportunities
• Employment & Upskilling Opportunities
City of Milpitas
455 E. Calaveras Blvd., Milpitas, CA 95035
www.milpitas.gov 408-586-3000
31 Survey Data – Business Descriptors
Small Business
Assistance
Grants Survey
Hotels Assistance
Grant Survey
32 Survey Data – COVID Impacts
Small Business
Assistance
Grants Survey
Hotels Assistance
Grant Survey
OBJECTIVE STANDARDS
PC/CC Sessions | August 2022
City of Milpitas
ODS Proce ss
Research
and
process
review
ODS
Framework
ODS Admin
Drafts +
Review
ODS
Public
Draft
Public
Comment
Final
Adoption
April ‘21 May ‘21 Jan ‘22 August ‘22 October ‘22
Proje ct Ba ckg round
Housing Accountability Act – SB 330 – SB 35 – AB 2161 Cannot deny or reduce density of housing projects
Require expedited processing of qualifying projects
Establish a clear and impartial approval process
for multi-family housing projects
Facilitate context-appropriate, high-quality design by establishing objective development and design standards for residential projects
Bring consistency and clarity to project review and permitting Eliminate subjectivity and personal judgment by providing consistent and uniform language
Protect the City from legal challenges and court-imposed fines for wrongful denial of housing projects
Goa ls
Sub je ctive vs Ob je ctive La ng ua g e
Approach to Objective Standards
Working Across Scales
Holistic Ap p roa ch To Ob je ctive Sta nd a rd s
• Ensure compatibility between existing neighborhoods and new development • Promote high quality site and building design
• Emphasize pedestrian-scale neighborhoods and buildings with a mix of uses ODS Ta b le of Conte nts
Table of Contents
1 Purpose and Applicability
Design Standards by Building Type and Project Size
Exceptions and Exemptions
2 Site Planning
2.1 Block Structure
2.2 Mid-Block Connections
2.3 Shared/Publicly Accessible Open Space (Large Sites/Master Planned Only)
2.4 Services and Utilities
3 Site Design
3.1 Sidewalk Design
3.2 Building Orientation
3.3 Building Setback Character
3.4 Ground Floor Uses
3.5 Access and Parking
3.6 Utilities, Service Areas, and Building Equipment
3.7 Landscaping
3.8 Site Lighting
3.9 Standards for Special Conditions and Adjacencies
4 Building Design
4.1 Small and Medium Building Types
4.2 Large and Extra-Large Building Types
4.3 Façade Design (L)(XL)
5 Building Elements
5.1 Ground Floor Design
5.2 Residential Unit Entry Types
5.3 Fenestration Design
5.4 Building Materials
6 Usable Open Space
6.1 Rules for Distribution of Open Space
6.2 Open Space Types
Key Design Standards
All projects shall have maximum Block Length of 400 feet and a maximum perimeter length of 1,400 feet.
Mid-block Connections shall include Public Access Easements for all pedestrian pathways and vehicle lanes (if provided) Site Pla nning | Ma xim um Block Le ng th
Intent
• Integrate new large-scale
development projects into the
fabric of the existing community
(LU 5-1)
• Reduced block size in new
developments to develop a grid or
modified grid network to enhance
walkability (CIR 1-5)
• Provide pedestrian and vehicular
connections with cross-access
easements within and between
the existing developments to
encourage walking. (CD 10-11)
For projects with an average height less than 45 feet, Publicly Accessible Open Spaces shall be equal to or greater than 5% of lot area
For projects with an average height greater than 45 feet, Publicly Accessible Open Spaces shall be equal to or greater than 10% of lot area
Site Pla nning | Sha re d / Pub licly Acce ssib le Op e n Sp a ce Intent
• Promote vibrant, publicly accessible spaces
that encourage gathering and other active
uses. Place a variety of uses adjacent to
public spaces at sufficient concentrations to
encourage the use of the spaces throughout
the day and night. (CD 9-1)
• Encourage the incorporation of publicly
accessible spaces, such as plazas and pocket
parks, into new and existing commercial,
multi-family, and mixed-use developments
to encourage social interaction. The spaces
should be appropriately scaled and
programmed and compliment the
characteristics of the district and/or
neighborhood and the surrounding
development. (CD 9-3)
(Large Sites/Master Planned Only)
Projects with a property line adjacent to R-1, R-2, and R-3 Interior and rear yard setback greater than or equal to the required setback of the adjacent zone
Portions of the building with a height greater than 40 feet shall be set back a minimum of 40 feet from the shared rear property line and a minimum of 30 feet from a shared interior property line. Rear Yard: 45-degree daylight from a height of 10 feet Site Pla nning | Ad ja ce ncy to Lowe r De nsity De ve lop m e nt Intent
• Promote gradual transitions
from high density
development to surrounding
low density neighborhoods in
both building forms and land
use. (LU 5-2)
Build ing De sig n
Purpose
• Refine the building massing and form through façade modulations • Establish transition to lower scale development
• Create human-scaled architecture.
• Create visual interest and placemaking
Intent
• To mediate the scale, massing, and bulk of buildings to reflect a human scale and enhance the pedestrian experience through building modulation and reductions in mass of upper floors. • To create cohesive and well-crafted building façades with human-scaled details that provide visual interest to pedestrians, incorporate passive green design elements, and promote high-quality design. • To guide building massing to respond to the scale of people and the building’s context; avoid overly massive or monolithic structures; and encourage variation on large façades to promote pedestrian interest.
Build ing De sig n | La rg e + Extra La rg e Build ing Typ e s Buildings shall not exceed 380 feet in length or width. Upper Floor Mass Reductions (choose 1)
Building floorplates located at a height 6 stories or greater shall have a floor area less than 75% of the ground floor area or the building floor area of the Podium Level, whichever is less or; Stepped back façade of floors above 6 stories for a minimum 60% of dimension of all façades facing a public right-of-way, private street, or publicly accessible pedestrian pathway. Step back shall be a minimum of 6 feet in depth.
Build ing De sig n | Ma ssing a nd Form
Exterior facing building facades shall meet the following standard for Major Break(s):
(a) Building shall have a major break at least every 150 feet of building length. (b) The first major break required shall be a minimum 20 feet wide and 10 feet deep. (c) If a building requires additional major breaks, they shall be a minimum 25 feet wide and 20 feet deep.
Build ing De sig n | Fa ça d e Mod ula tion, Ma jor Bre a ks Façade planes shall choose one of the following :
(a) Minor Breaks: Façade planes shall not exceed 100 feet in length as measured from façade break (major or minor) to façade break or corner of a building.
minimum 2 feet deep, minimum 4 feet wide (max 25 feet) extend from the top of the ground floor through the full height of the building including breaking the roof plane.
(b) Vertical Rhythm and Pattern: Façade planes exceeding 40 feet in length shall express a vertical rhythm and pattern that reflects the size and scale of a residential unit and/or individual rooms and spaces through meeting the following standards:
recess or projection shall occur at a minimum of 1 per 40 feet of linear façade length.
minimum depth of 6 inches.
minimum of 60% of the residential façade height.
(c) Minor Modulations:
minimum depth of 2 feet, minimum width of 8 feet
spans a minimum of 60% of the façade height.
At least one projection or recess shall occur every 40 feet.
Build ing De sig n | Fa ça d e Mod ula tion, Minor Bre a ks Each building façade greater than 100 feet in length shall include a minimum of two distinct façade compositions. For every
additional 100 feet of building façade, an additional distinct façade composition is required.
Each distinct façade composition shall have a total combined façade area greater than 10% of the overall façade area.
Each distinct façade compositions shall meet the Variation in Façade Composition Standards (4.3.3) to be distinct from the other façade composition.
Build ing De sig n | Fa ça d e Com p osition
Intent
• To create cohesive and well-crafted building
façades with human-scaled details that
provide visual interest to pedestrians,
incorporate passive green design elements,
and promote high-quality design.
• Encourage architectural elements that
contribute to a building’s character, aid in
climate control, and enhance pedestrian
scale. (CD 11-4)
• Where a vertical mix of uses occurs, retail,
restaurants, and other active uses should
be located on the ground floor, with
residential and/or office uses above. Also,
encourage complementary architectural
detailing that differentiates each use. (CD
3-12)
Ground Floor Storefront/Retail Facades
Storefront/retail façades shall have a minimum 60% transparent glazing between 1.5 and 7.5 feet in height.
Ground Floor Residential Entries
Minimum dimensions and standards
Build ing De sig n | Ground Floor De sig n
Intent
• To create inviting and interesting
ground floors that enhance the
pedestrian realm and to create
places for people to gather and
spend time outdoors.
• To create a transition between
public and private space.
• Private entries into ground floor
residential units shall be
designed to provide humanscaled detailing and enhanced pedestrian experience.
Build ing De sig n | Va ria tion in Fa ça d e Com p osition Building Modulation Façade Articulation Fenestration Materiality Variation in type of building
façade modulation patterns
and form
OR
Variation in roof/building
height
Variation in horizontal and/or
vertical recesses or projections
• Size
• Proportions
• Pattern
• Depth or projection
Variation in at least 2 of the
following on the primary
façade:
• fenestration size,
• proportions,
• pattern,
• depth or projection.
Variation in 2 of the following
on the primary façade:
• façade material,
• material size,
• texture and pattern, color.
A variation in Façade Composition shall include a variation in at least two of the following:
Usable Open Space may be provided as Publicly Accessible Open Space, Common Open Space, or Private Open Space.
For (L) and (XL) projects, a minimum of 30% of
required Usable Open Space shall be Common Shared
Open Space.
Publicly Accessible Open Spaces greater than 5,000 sf in continuous area may count as 1.2 times the amount
of required common shared open space.
Minimum Standards are included for
Publicly Accessible Open Space
Common Open Space
Private Open Space
Usable Ope n Space
Intent
• To create well designed common and
private open spaces that serve multiple
purposes, encourage gathering, improve
the health and wellness of residents, and
embraces nature in our built environment.
Application
SB 330
Project
ODS
Process
Application/
Checklist Approvals
Discretionary
Process Application Design Review
Planning
Commission Approvals
Re vie w Proce ss
SB330 Project. Staff Level Approval. No personal or subjective judgment by a public official.
Limited discretion, up to 3 waivers from standards for consideration by the City. Waivers shall be documents and not deviate more than 10% from standards. Projects shall meet intent of each standard.
Optional Discretionary Review Path. Design Review Process, may involve Planning Commission. Applicant shall provide findings on how their project meets the Purpose and Intent statement for each Topic in ODS.
Next Steps
August 16 – City Council Study Session
August/September – Public Comment Period
September/October – ODS Refinements as Needed
October – Adoption Hearings with Planning Commission and City Council Next Steps
Research
and
process
review
ODS
Framework
ODS Admin
Drafts +
Review
ODS
Public Draft
Public
Comment
Final
Adoption
April ‘21 May ‘21 Jan ‘22 August ‘22 October ‘22
Milpitas City Council Meeting
Item # 15: Receive Report on the
Homekey Project at 1000 Hillview Court
August 16, 2022
City of Milpitas
455 E. Calaveras Blvd., Milpitas, CA 95035
www.milpitas.gov 408-586-3000
2 Presentation Overview
Presentation by Jamboree (Project Owner)
• Project Information
• Operating Practices and Standards
• Communication Plan
• Roles and Responsibilities
• Services
• Lease Terms and Enforcement Process
Presentation by Police and Fire staff
• Calls for Service
• Staffing
• Types of Calls for Service
• Next Steps
Hillview Court Overview
Permanent Supportive Housing
Presenters
• George Searcy, Chief Impact Officer, Jamboree Housing • Consuelo Hernandez, Director, County of Santa Clara, Office of Supportive Housing
• Paige Range, Hyder Regional Manager
Hillview Court
• The Hillview Court property is a former Extended Stay America hotel. Jamboree, in partnership with the County of Santa Clara entered an agreement to redevelop the property into a permanent apartment housing community.
• The redevelopment converted the 146 room hotel into 134 units of supportive housing with kitchenettes and approximately 6,000 square feet of community services, case management offices, property management offices and community meeting areas.
• The first round of planned upgrades to the property will be completed by October 2022 and include exterior recreational space behind the apartment building. • A second round of improvements is slated for funding in 2023 that will provide another set of security features, exterior and interior amenities and other physical improvements.
Jamboree is a Nonprofit Corporation founded in 1990
Mission
Jamboree delivers high quality affordable housing and services that transform lives and strengthen communities
Jamboree
Entitlements
Families
Seniors Special
Populations
Veterans
Populations Jamboree Serves
20,000 residents
750 veterans
3,120 seniors
Supportive Housing combines affordable housing
with specific supportive services designed to
help individuals and/or families live
independently with support.
This type of housing is effective for individuals
and families who have experienced
homelessness and those with other special
needs or disabilities.
Supportive services provided onsite offer care
coordination, life skills support and assistance
with requirements of living independently. If
residents require clinical treatment or counseling
services for behavioral health or physical health
care, services staff coordinate the resident
receiving those services offsite.
What is Supportive Housing?
Hillview Court
Operating Practices and Standards
Roles and Responsibilities
Supportive Services
(Abode & Jamboree)
Property Management
(Hyder)
Prior to move-in Coordinate with case manager; create
move-in packet for resident
Coordinate with housing authority and case
managers; sign lease with resident
1st 30 days Evaluate/assess needs; orient resident to
the building and new environment
Review building procedures, safety, and house
rules
1st 90 days Encourage resident to attend community
meeting & onsite groups; assist with life
skills
Collect rent, be available for questions or
concerns
Rent Assist with money management and
budgeting; services should never accept
rent
Collect rent; contact services of any late payments
of rent; negotiate payment plans if resident falls
behind in lieu of eviction
Roles and Responsibilities cont.
Supportive Services (Abode) Property Management
(Hyder)
Lease obligations Abode staff educate resident on how to follow lease; review lease with resident when there are violations;
ensure resident is provided necessary and sufficient
support.
Monitor resident compliance with lease and
house rules; issues perform or quit notices when
there is a violation; speak to services staff when
there is a violation
Resident Mental
Health
Respond promptly to crises; provide linkage to crises
service; develop intervention strategies and notify PM as appropriate. Contact police if threat to the resident or others including staff, reach threshold of verbal threat to health or safety or physical engagement.
Alert Abode Services staff of crisis and do not
directly resolve. Contact police if threat to the
resident or others including staff, reach
threshold of verbal threat to health or safety or
physical engagement.
Incidents/Emergencies
in the apartment
building
Notify PM immediately; assist with resident safety.
Contact police if threat to the resident or others
including staff, reach threshold of verbal threat to health or safety or physical engagement.
If there is a flood, fire, altercation or threat
respond immediately and contact public safety
accordingly; write incident report
Behavioral Issues Identify behavioral issues; review issues with resident; develop behavioral contract; home visits; linkage to
services
Enforce lease and house rules; inform services
staff of observable behavior
Hillview Communication Plan
When Lead Who Why
1x/week Jamboree
Direct Service Providers
(DSP): Jamboree, County
Contracted service
provider, and PM
Review the status of all tenants who live in the property.
Items to be reviewed: General issues; Upcoming notices
to tenants, unit inspections or events; New tenant movein; Permanent tenant move-out; Temporary tenant move-out; and MHSA household review
2x/month
Property
Management
Core team: Jamboree
(including asset
management) and PM
Property updates, asset management, housekeeping
issues, notices, emergency updates, pest control,
property interior/exterior, calendar events/activities, community meetings, upcoming supportive service
events
Weekly
to 1x/month
Jamboree
All Hands: Jamboree, all
service providers,
VA, County, PM, and
Housing Authority
Property updates, PM concerns, security, housekeeping,
notices, emergency updates, pest control, property
interior/exterior, calendar events/activities, community meetings, upcoming supportive service events
TBD Public
Safety
Meetings
Jamboree
City of Milpitas Public Safety,
Jamboree staff, Property
Management, others as
needed
Hillview has experienced a high volume of incidents that involve public safety personnel. In order to better build a joint partnership with the City a protocol to report on and develop action plans to reduce such incidents.
Security
• Access-controlled entry
• Visitation protocols for non-residents
• Security cameras on exterior and interior of buildings • Jamboree reviewing internal policies with Hyder re: PD access • Two full-time property management reside onsite
• Current 2 on-site security guards 24/7
• Camera placement plan will be reviewed with PD
• Property managers must notify Abode and Jamboree services staff of late rents, incidents, and any other issues relevant to a resident/household remaining stably housed.
• Notices to residents must be first approved by AM and delivered to residents. Services staff are available to respond to resident concerns about notices and will be informed when notices are distributed. • Services staff inform property management when planning onsite activities and events to ensure effective coordination.
• Regular and frequent meetings between property management and services staff are required by Jamboree. Meetings review: incident/issues including public safety incidents, vacancies, building maintenance issues, policy and staff changes, and resident problems.
Hillview Court
Jamboree Operations Standards
Care
Coordination/Communication
Healthcare Access
Community Events
Workshops
Case Management
“Whatever it takes”
Onsite
Services
Plan
City of Milpitas
Public Safety Personnel
Jamboree Services Staff Abode Services
Property Management
(Hyder)
Santa Clara County – OSH
Partners Security Services
Abode & Hyder
• Services can support PM by helping them work with residents on behavioral issues and crises. • PM can report observable behavior from residents when services is not present. • Services must comply with resident confidentiality requirements, but can creatively communicate with PM to express needs of a resident. When appropriate, services can obtain a release of information to discuss certain topics with PM.
• It is important that PM and services maintain at least bi-weekly meetings to discuss resident issues and coordinate plans. It is critical that both parties are on the same page and in the know about what is going on.
Abode & Hyder & Jamboree
• It is PM responsibility to enforce the lease, write notices, and serve notices. Jamboree has the ultimate responsibility to review eviction processes with the purpose of ensuring that the best outcome for the resident and the property is achieved.
• Services responsibility is to follow-up with residents and help residents process the notices and work towards compliance.
• Property Management reviews its planned resident communications with the services team and Jamboree staff to ensure internal coordination.
Roles and Responsibilities
Any behavior that violates the terms of the lease agreement that results in a threat to the right of all residents to “quiet enjoyment” of their residence or to the health and safety of the resident(s) can and does result in a move to evict the resident.
The intent of this form of housing is to afford an environment where formerly homeless persons can receive support to live in community with others. Jamboree seeks to avoid evictions wherever possible as housing options for this population are extremely limited.
Hillview Court has successfully exited some residents to other housing/residential options when their behavior or lease violations create an unacceptable risk to health, safety or the well-being of the Hillview Court residents in total.
Enforcement of Lease
Property Management will formally notify services staff of lease violation. • Property management enforces lease
• Services notified of formal lease violation prior to delivering to resident • Services and PM determine if services needs to be present for violation delivering. • Services and Property Management share goal of remediation of lease violation behavior when possible.
• PM and services review any concerns with residents jointly to create a solution • PM follows-up with legal counsel as needed
• Proceeding to a formal eviction is the responsibility of property management (Hyder). This action is taken in consultation with Abode and Jamboree to ensure close coordination to manage the households exit to avoid, if possible, another episode of unsheltered homelessness.
• Eviction processes are required to follow State and Federal law. Eviction processes are reviewed by property management legal counsel and require a prescribed process.
Enforcement of Lease
Thank You!
Website: www.jamboreehousing.com/HillviewCourtMilpitas
Link to leave comments or: [email protected] 22 Staff Update on
Public Safety Services
at
1000 Hillview Court
23 Project Homekey
Impact on Public Safety Services
Increase in Calls for Service
Increase in Public Safety Staff
Time
Types of Calls for Service
Next Steps
24 Calls for Service Data
Police Department
25 Total Events:
Past 3-Years
Does not include Patrol Checks
Calls for service increased as occupancy
increased
Significant increase in calls for
service over the past 4 months
121
206
269
0 50
100
150
200
250
300
COUNT
Total PD Calls by Year
2020
2021
2022
6 5
12 9 7 8 10
34 17
12 1
7 27
8 24
15 17
13 9
36 15 16 18 19
16 24
51 50 51 53
6 0
10 20
30 40
50 60
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
COUNT
Total PD Calls by Month
2020
2021
2022
YTD*
YTD*
*August 8
26 Type of Calls for Service
Call Category Examples
Burglary/Theft
Commercial Burglary, Residential Burglary, Found property, Grand theft, Petty theft, Receive/possess stolen prop,
Recovered stolen vehicle, Robbery, Stolen vehicle Tampering with a vehicle, Theft, Vehicle burglary
Disorders Disorder (combined events, family, fight, music, neighbor, unknown, weapon)
Drug Related Controlled Substance, Possession, Possession for Sale, Under the influence
Mental Health/Health Suicide, Attempted suicide, Mentally disturbed person, Possible dead body
Suspicious Activity Suspicious circumstances, Suspicious person, Suspicious package, Suspicious vehicle, Suspicious alarm
Violation Municipal code violation, Vehicle violation, Violation of protective order, Weapons Violation, Traffic hazard
Violence Assault, Assault with deadly weapon, Battery, Resist Arrest, Domestic violence, Attempted Homicide, Rape, Carjacking Welfare Check Welfare check
Other
Arson, Fraud/Forgery, Sex Reg, Family Neglect/Abuse, Liquor Laws, Drunk, Gambling, DUI, Trespass, Prowling, Animal
Noise, Accident, Warrants, Officer Fill, Courtesy Service, Civil Problem, Property Tows, E911 Hangup, Registrants,
Vandalism, Court Order Violation
27 Other
• Arson, Fraud/Forgery, Sex Reg, Family Neglect/Abuse, Liquor Laws, Drunk, Gambling, DUI, Trespass, Prowling, Animal Noise, Accident, Warrants, Officer Fill, Courtesy Service, Civil Problem, Property Tows, E911 Hang-up, Registrants, Vandalism, Court Order Violation Suspicious Activity
• Suspicious circumstances, Suspicious person, Suspicious package, Suspicious vehicle, Suspicious alarm.
Welfare Check
Police Events by Categories and Year
6 13
3 4
51 30
4 2 7 8
23 1
9 59 61
3 12
31 9
42 5 6
101
33 7 11
55 0
20 40
60 80
100
120
Burglary/Theft Disorder Drug Related Mental
Health/Health
Other Suspicious
Activity
Violation Violence Welfare Check
COUNT
PD Calls by Categories by Year
2020
2021
2022 YTD*
*August 8
28 Officer Initiated Activity
61 77
74 0
10 20
30 40
50 60
70 80
90 COUNT
Self-Initiated Events by Year
2020
2021
2022
44 111
51 0
20 40
60 80
100
120
COUNT
Patrol Checks by Year
2020
2021
2022
• Patrol Check:
An officer proactively patrols the area.
• Self-Initiated Event:
An event generated by an officer.
YTD YTD*
*August 8
29 Officer-Initiated Activity by Type and Year
3 1
30 24
3 2
27 40
3 2 3
7 6
3 35
16 3 2 2
0 5
10 15
20 25
30 35
40 45
Burglary/Theft Disorder Drug Related Other Suspicious
Activity
Violation Violence Welfare Check
COUNT
Self-Initiated Categories by Year
2020
2021
2022
Other
• Arson, Fraud/Forgery, Sex Reg, Family Neglect/Abuse, Liquor Laws, Drunk, Gambling, DUI, Trespass, Prowling, Animal Noise, Accident, Warrants, Officer Fill, Courtesy Service, Civil Problem, Property Tows, E911 Hang-up, Registrants, Vandalism, Court Order Violation Suspicious Activity
• Suspicious circumstances, Suspicious person, Suspicious package, Suspicious vehicle, Suspicious alarm.
YTD*
*August 8
30 Number of Calls for Service and
Average Time Spent
0 10
20 30
40 50
60 70
80 0
10 20
30 40
50 60
70 Average Minutes
# of calls
2020 2021 2022 Linear (2020 Time) Linear (2021 Time) Linear (2022 Time) *YTD August 8
*
31 Average Time Spent by Month and
Year
1000 Hillview Calls
2021
MONTH Calls Avg Time TOTAL TIME
JANUARY 10 20:06 3 HRS 21 MIN
FEBRUARY 35 42:58 25 HRS 3 MIN
MARCH 15 20:25 5 HRS 6 MIN
APRIL 32 65:07 35 HRS 43 MIN
MAY 26 23:22 10 HRS 7 MIN
JUNE 25 49:40 20 HRS 41 MIN
JULY 35 16:52 9 HRS 50 MIN
AUGUST 31 16:54 8 HRS 43 MIN
SEPTEMBER 44 30:45 22 HRS 33 MIN
OCTOBER 20 27:13 9 HRS 4 MIN
NOVEMBER 22 18:36 6 HRS 49 MIN
DECEMBER 22 37:37 13 HRS 47 MIN
2021 TOTAL 317 32:09 169 HRS 51 MIN
7 DAYS 1 HRS
2021 Avg/Month 26.4
1000 Hillview
Calls 2022
MONTH Calls Avg Time TOTAL TIME
JANUARY 24 64:11 25 HRS 40 MIN
FEBRUARY 21 20:34 7 HRS 11 MIN
MARCH 34 29:57 16 HRS 58 MIN
APRIL 57 47:46 45 HRS 22 MIN
MAY 56 74:32 49 HRS 33 MIN
JUNE 58 31:29 30 HRS 26 MIN
JULY 63 53:39 56 HRS 19 MIN
AUGUST 7 16:34 1 HRS 55 MIN
SEPTEMBER
OCTOBER
NOVEMBER
DECEMBER
2022 TOTAL 320 47:32 253 HRS 30 MIN
10 DAYS 13 HRS
2022 Avg/Month 40.0
*Through August 8th
32 Calls for Service Data
Fire Department
33 Total Fire Calls for Service:
Past 3-Years
34 FIRE DEPARTMENT INCIDENTS
BY MONTH
35 Type of Calls for Service
Call Category Examples
EMS Emergency Medical Services call (excluding vehicle accident) ALARM Smoke detector or alarm system activation
FIRE Building or cooking fire (confined to container)
HAZARD Hazardous condition
OTHER Invalid assists, elevator rescue & odor / smoke removal 36 FIRE DEPARTMENT INCIDENT TYPE
38 Next Steps
Assign a liaison to collaborate with all stakeholders
Establish a primary contact for each stakeholder group including afterhours contacts
Share information to identify key issues and collaborate on solutions Quarterly reports to Council
39 Recommendation
Receive a Report on the Homekey Project at 1000
Hillview Court
City of Milpitas
455 E. Calaveras Blvd., Milpitas, CA 95035
www.milpitas.gov 408-586-3000
41 Back Up Slides
42 Data: January thru December 2020
6 5
12 9 7 8 10
34 17
12 1
0 5
10 15
20 25
30 35
40 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Dec
Total Calls by Month
6 13
3 4
51 30
4 2
8 0
10 20
30 40
50 60
Burglary/Theft Disorder Drug Related Mental
Health/Health
Other Suspicious
Activity
Violation Violence Welfare
Check
PD Calls by Category
43 Data: January thru December 2021
7 27
8 24
15 17
13 9
36 15 16
19 0
5 10
15 20
25 30
35 40
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Total Calls by Month
7 23
1 9
59 61
3 12
31 0
10 20
30 40
50 60
70 Burglary/Theft Disorder Drug Related Mental
Health/Health
Other Suspicious
Activity
Violation Violence Welfare
Check
Total Calls by Category
44 Data: Year to Date 2022
18 16
24 51 50 51 53
6 0
10 20
30 40
50 60
Jan Feb Mar Apr May Jun Jul Aug
Total Calls By Month
9 42
5 6
101
33 7 11
55 0
20 40
60 80
100
120
Burglary/Theft Disorder Drug RelatedMental Health/Health Other Suspicious Activity Violation Violence Welfare Check Total Calls by Category
Milpitas City Council Meeting
Item #16: Discuss the Formation of a
City Council Ad Hoc Naming
Subcommittee and Appoint the
Subcommittee Members
August 16, 2022
City of Milpitas
455 E. Calaveras Blvd., Milpitas, CA 95035
www.milpitas.gov 408-586-3000
Background
2 On June 21, 2022, City Council approved the updated
draft City Streets, Parks and Facilities Naming Policy.
Per the updated Policy, the City Council is to form an
Ad Hoc City Council Naming Subcommittee to make
recommendation to City Council on the naming of City
streets, parks and facilities.
3 Ad Hoc City Council Subcommittees
• Have limited subject matter jurisdiction
• Are usually formed primarily to study a particular topic or immediate issue • Will automatically terminate once their task is complete City Council Subcommittees
• Assist the Council by studying an issue and preparing policy alternatives and implications for Council deliberation
• Obtain City Council concurrence before they proceed in any direction different from the original instructions of the City Council
City Council Subcommittee Members
• May not speak or act for the Council
• Should be regularly reporting out their work to the City Council through a scheduled agenda item City Council Policies & Procedures Handbook
4 Name of the Ad Hoc Subcommittee:
• Ad Hoc Naming Subcommittee
Ad Hoc Subcommittee Role and Scope:
• The City Council Ad Hoc Naming Subcommittee shall evaluate names of City streets, parks and facilities, and shall make recommendations to the City Council.
Ad Hoc Subcommittee Members:
• To be appointed by the Council
Meeting Frequency:
• As needed, but no more than monthly.
Ad Hoc Naming Subcommittee
Considerations
5 Next Steps
After receiving Council appointed Ad Hoc Subcommittee members, staff will begin working with the new subcommittee on new naming recommendations for City Council final approval.
6 Discuss the formation of a City Council Ad Hoc Naming Subcommittee and appoint the Subcommittee members.
Recommendations
City of Milpitas
455 E. Calaveras Blvd., Milpitas, CA 95035
www.milpitas.gov 408-586-3000
Milpitas City Council Meeting
Item # 17: Council Requested
Workplan Items
August 16, 2022
City of Milpitas
455 E. Calaveras Blvd., Milpitas, CA 95035
www.milpitas.gov 408-586-3000
2 Background
On January 19, 2021, City Council provided direction to staff to bring forward individual agenda item requests from Members of the Council, on a quarterly basis for Council consideration.
Through this process, City Council has reviewed and provided direction on 235 Council agenda item requests.
Last prioritization held on May 3, 2022; included items introduced between October 2021 and March 2022.
Staff is bringing forward items requested by Council between March 15, 2022 and June 21, 2022.
3 Summary of Requested Items
Total of 57 items, since the last quarterly prioritization discussion, categorized into four Groups
• Group 1 – Items not been initiated; will require more than four hours of staff time; and may require additional funding or resources (8 items) • Group 2 – Items not initiated; will require less than 4 hours of staff work (3 items) • Group 3 - Items currently underway and/or already included in workplan (24 items) • Group 4 – Items completed, postponed indefinitely, or withdrawn (22 items) Group 1 items have been further categorized into three sub-groups:
• Ordinances and Polices (3)
• Projects and Programs (3)
• Miscellaneous (2)
Information for Group 1 items includes anticipated work effort; estimated cost; required resources and funding; current status; impacts on other workplan items, if any; additional clarification and/or direction needed from Council.
Of the 8 Group 1 workplan items:
• Six items have an estimated annual cost (one-time and ongoing) between $0.8 and $2.7 million requiring between 180 to 2,080 staff hours. • Items, which require funding and if approved, are recommended to be referred to the FY 2023-24 budget process, which is kicked off in January 2023. 4 Group 1 Requested Items
Ordinances and Polices
• Consider policies to regulate automated equipment that would reduce jobs (Councilmember Phan)
• Explore an ordinance or policy to reduce thefts and increase security in the commercial retail parking areas (Councilmember Chua)
• Explore the policy for locking mechanisms on shopping carts for large commercial businesses (Mayor Tran)
Projects and Programs
• Apply for the "Better Cities for Pets" Certification
• Explore the use of roundabouts as a traffic calming mechanism • Prepare Vision Zero Action Plan
Miscellaneous
• Establish a fund for real estate acquisitions
• Memorial Plaque in honor of youth skateboarder that passed away 5 Prioritization Process
Round 1
• Each member of the Council will prioritize top four items from Group 1. • Electronic voting will be conducted on mobile devices. • Results will be displayed for the public to view.
• All items receiving three or more votes are considered approved. If the number of items is 4 or greater, the prioritization process will be deemed complete. • If the number of items is less than four, all remaining items will be prioritized in subsequent rounds.
Additional Rounds (if needed)
• If items receiving three or more votes are less than four in number, the Council will be asked to prioritize all items which received less than three votes. • Council will be given the number of votes equivalent to four minus the number of approved items.
• Items which receive zero votes will be eliminated from voting after Round 2 • Same process as Round 1 for electronic voting and tallying and display of votes; when total of four items are approved, process will be deemed complete.
Note: Items that do not advance through this multi-step prioritization process will be removed from the active list; may be resubmitted through Announcements for the next prioritization discussion scheduled for December 2022.
6 Fiscal Impact
For six Group 1 workplan items annual costs are estimated between $0.8 and $2.7 million requiring between 180 to 2,080 staff hours (equivalent up to 1.2 FTEs).
For two Group 1 items workplan items, estimated costs and staff hours will be brought forward, as needed, based on Council clarification and prioritization.
Based on Council direction staff will bring back approved items requiring new funding for discussion at the FY 2023-2024 Preliminary Budget Study Session scheduled for January 2023 or the 2024-2028 Proposed Capital Improvement Program Study Session scheduled for February 2023. 7 Prioritization City Council Policy
Based on Council feedback so far regarding the existing prioritization process, staff recommends bringing forward during the next few months a draft Council Policy titled “City Council Request Prioritization Policy” for Council consideration to • Document the current process
• Seek Council input on the current process
• Potentially provide additional recommendations
8 Recommendation
1. Review list of agenda item requests from individual
Councilmembers and provide direction to staff, through the prioritization process, on which Group 1 items should be advanced.
2. Provide additional input to staff, if any, on Group 1 items that received Council direction to advance and all Group 2 items.
3. Direct staff to return with a draft City Council Policy titled “City Council Request Prioritization Policy”.
City of Milpitas
455 E. Calaveras Blvd., Milpitas, CA 95035
www.milpitas.gov 408-586-3000
10 Establish Fund for real estate acquisitions
Economic Development Strategy adopted on May 5, 2020
• Strategy 32.1. states to “Identify Funding Options for Strategic Property Acquisition Revenue (SPAR) Fund, Develop, and Adopt SPAR Fund.” Purpose of SPAR fund
• General Fund Reserve established by the City to specifically move on available real estate opportunities quickly.
• Leverage ongoing or one-time revenues and strategically acquire and assemble land in the Gateway/Main Street Specific Plan and Milpitas Metro Specific Plan areas.
• The cost of acquisition for an acre of land in Milpitas ranges approximately from $4-$5 million.
Seed Funding Discussion and Options
• If the City Council approves this referral, staff recommends bringing the referral back for Council consideration as part of the FY 2023-24 Preliminary Budget Study Session which kicks off the development of the FY 2023-24 budget for. • General Fund surplus revenues allocation of $0.5 million over ten years or $1 million over five years starting FY 2023-24
REGULAR MEETING OF THE MILPITAS
CITY COUNCIL
August 16, 2022 Milpitas City Council Agenda Page 1
AG END 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 deliberations 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 AMPhantom 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
MINUTES
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 oneyear 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 Milpitas 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 project.
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 create 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 the 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 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 peculiar to the project 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 responding 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. This 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 includes 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 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.
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 rightof-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 land 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 traffic 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 dangers; 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 purpose 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. Minor 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 XI10-64, Development Review Process, of this Chapter. b. Review by Planning staff. Planning staff has the authority 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 Use, 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 XI10-5.03-1 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 necessary 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 modifications 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 application 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 XI10-64, 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 changes 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 Milpitas 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 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 project.
This ordinance would create new regulations related to outdoor music at restaurants and bars as well as new regulations for the review and permitting 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 peculiar 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 amendment 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 V213-3(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 CODE 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 similar 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 C
6 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 P
2 P P
Outdoor NP NP C P NP
Office supply sales (stationery, equipment) P P P P P
Paint and wallpaper stores NP NP P P P
Pawnshops NP NP C NP NP
Pet stores NP NP P P P
Printing (newspaper, publishing) NP NP P P P
Rentals (medical supplies, costumes, party
equipment, office equipment)
NP NP P P P
Retail stores, general merchandise NP P P NP P
Tanning salon NP NP P NP P
Thrift 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 C
7 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 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 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 rightof-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 XI10-57.04, 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, medical 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 nightclubC
10 C
10 C
C
10 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) 2021PP NPP
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, parcel 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 reasonably 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 transformers 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 vehicles gather in one location for a period of seven consecutive days or less.
13. "Outside Agency" means any local, state or federal regulatory agency responsible for administering permits to allow certain activities within their purview. Outside agencies includes but not limited to other City jurisdictions, Santa Clara Valley Water District (SCVWD), Santa Clara Valley Transportation Authority (VTA), California Department of Transportation (Caltrans), California Department of Alcoholic Beverage Control, Santa Clara Country Department of Environmental Health and Santa Clara County Roads and Airports.
14. "Parade" means an organized group marching in procession on a street. Parades do not include races, runs or other athletic events.
15. "Park", for purposes of this Section, means all outdoor areas managed by the Recreation Services Department, which are identified as a City park by the City, made available for use by the public as a park for recreation or open space purposes, and over which the City has the right of use for such purposes. The term "park" does not include outdoor areas adjacent to community centers not otherwise located within a City park, or property owned by school 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 owned or controlled by the City. The definition of "plaza" includes any adjacent sidewalks.
20. "Public Right-of-Way" means any street, alley, or similar parcel of land, which is deeded, dedicated, or otherwise permanently appropriated to the public for public use. 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 under the direction or control of a person or organization; or
c) An activity or event on a public right-of-way, plaza, paseo, park or private property which involves:
i. The placement or erection of equipment or temporary 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 Temporary 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 Section 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 selfinsured 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 1
st day of July, 2022 (“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 such services 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 Agreement, 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 investigation of each Qualified Claim to the extent deemed necessary by Sedgwick in the performance of its obligations hereunder; (3) Arrange for independent investigators, appraisers, or medical or other experts to the extent deemed necessary by Sedgwick in connection 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 would be prudent for Client and the anticipated amount thereof does 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 insured 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.
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(6) Notify Client’s first layer of insurance coverage for each Qualified Claim where the values may exceed Client'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 counsel, if requested, in preparing the defense of litigated 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, but 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 accounts 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 investigative unit (SIU) services set forth in the attached SIU Service Schedule.
D. Sedgwick will provide the MMSEA/SCHIP Reporting services as 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 years 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 reporting obligations.
B. Client shall pay to Sedgwick a service fee which, 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 performed. If Client, in its sole discretion, requests Sedgwick to perform services outside of the scope of work listed herein, 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 Qualified Claims, including allocated loss adjustment expenses. For purposes of this Agreement, allocated loss adjustment expenses shall mean all costs, charges or expenses incurred by Sedgwick, its agents or its employees which are properly chargeable to a Qualified Claim including, without limitation, court costs; fees and expenses of attorneys; appeal bonds; independent adjusters; investigators; appraisers; vocational services, training or evaluation; medical expenses and medical cost containment service providers (including those provided by Sedgwick, if applicable); durable medical equipment; rehabilitation services; experts and witnesses; fees for obtaining statements, diagrams, reports, records, 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 Special Injury Fund claims; hearing representation services; and travel fees and expenses incurred at Client’s request. 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 for payment of Qualified Claims, including allocated loss adjustment expenses, in a bank account or accounts (the “Claim Account”).
Client shall be responsible for providing sufficient funds to enable Sedgwick to write checks on the Claim Account for use in the payment of Client’s Qualified Claims. Such funds shall be provided by electronic funds transfer at the inception of the Program and replenished by electronic funds transfer promptly from time to time thereafter. The amount of the escrow required 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 Sedgwick 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 unavailable to Sedgwick to allow required payments to be made timely on account of the bankruptcy, receivership, or other insolvency proceeding of Client [or Insurer, in cases where Insurer funds claim account], Sedgwick will have 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 adjustment expense in an amount up to $0.00 on any Qualified Claim and shall not need the approval of Client to make such payments. This amount may be changed at any time by Client upon ten (10) days prior written notice to Sedgwick. It is agreed that Sedgwick shall have full authority and control in all 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 settlement. This amount may be changed at any time by Client upon ten (10) days prior written 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 an adverse judgment entered by any court or the settlement of such Qualified Claim for an amount in excess of such limit.
H. Should Client fail to make timely payments of any service fees due Sedgwick or should Client in any other way breach a material term of this Agreement, Sedgwick shall then have the right to refuse to perform any further services or terminate this Agreement. If Sedgwick elects to exercise its rights under this paragraph, in addition to all other legal or equitable remedies, Sedgwick will 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 advising of facts which are or may be a Qualified Claim, Client shall promptly assign the Qualified Claim to Sedgwick for management. Client shall promptly provide Sedgwick with such information 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 submitted to any legal, administrative or regulatory authority for approval of the Program, as well as incident 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 obligation to continue to provide the services called for in this Agreement, and, at Sedgwick’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 the period commencing on July 1, 2022 and ending on June 30, 2025. 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 expiration of the then current term.
B. This Agreement may be terminated by either party at any time, provided that at least sixty (60) days prior written notice of the effective date of termination is given to the other party.
C. Sedgwick is providing services to Client on a life of contract basis. If requested by Client, Sedgwick will continue to process Client’s Qualified Claims remaining open at the expiration or termination of this Agreement, if any, provided that Client shall continue to make adequate funds available for the payment of such Qualified Claims, including any allocated loss adjustment expenses and pay information technology fees, fees for encrypted data files, program management fees, and any other applicable fees. This provision shall not apply unless the additional fee for this service shall have been negotiated and agreed to in writing prior to the effective date of termination.
D. Upon expiration or termination of this Agreement, Sedgwick shall deliver, at Client’s sole cost, the hard copy or imaged files, at Client’s discretion, that Sedgwick has maintained for Qualified Claims (but not including any computer hardware, firmware, software or other proprietary information of Sedgwick), except those Sedgwick has agreed in writing to continue to process or files that DocuSign Envelope ID: 9E1E1191-87CB-4A32-B11D-D30216E13A1E 63 Item # C7.
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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 files shall be transferred to Client in the same electronic format. Client shall pay 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 transfer of hard inventory, digital recording retrieval & transfer, advanced TTD payments, multiple loss runs, payment history for advanced TTD, claim hot list, banking reconciliation, validation of billings paid in field prior to transfer, field examiners validation and release of pending payments, 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 review extract, MMSEA extract and hierarchy structure extract. If Client does not agree to accept such files, they will be retained 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 Client terminate the Agreement for convenience within the first twelve months of the Agreement, the Client shall pay Sedgwick fees equal to three months of the service fees. Should Client terminate for convenience within 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 require Sedgwick to engage in the practice of law, and services provided shall not be considered legal, tax or accounting advice, and 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 Agreement shall not be construed as an insurance policy; it being understood that Sedgwick is in no event financially responsible for payment or satisfaction of Client’s claims, lawsuits, or any form of cause of action against Client from Sedgwick funds.
7. Indemnification:
A. Sedgwick shall be fully responsible for exercising reasonable care at all times in the performance of its obligations hereunder. However, Sedgwick shall have no responsibility to assume or be responsible for any 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, hold DocuSign Envelope ID: 9E1E1191-87CB-4A32-B11D-D30216E13A1E 64 Item # C7.
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harmless and defend Client, its directors, officers, employees and agents from and against any and all liabilities, loss or damage that they may suffer as a result 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 any matter for which it is defending, holding harmless or indemnifying the other party. Each party reserves the right to appoint its own counsel, at its own expense, regarding any matter defended hereunder and to approve any settlements of same.
B. Notwithstanding anything to the contrary contained in the above paragraph, 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 any services for a claim Sedgwick administers, or if Client otherwise directs the administration of a claim, Client will be responsible for any acts or omissions of such Client Subcontractor or self-administration and to the extent permitted under applicable law, Client shall indemnify, defend, and hold Sedgwick, its officers, directors, employees and agents 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 against Sedgwick related to the acts or omissions of Client or the Client Subcontractor.
C. If Client's access to claim data includes the ability to add and modify data, Sedgwick shall not be required to verify, or otherwise be responsible 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 for the twelve (12) months immediately prior to the event from which the claim or matter arises. IN NO EVENT SHALL
SEDGWICK BE LIABLE FOR ANY LOSS OR DAMAGE TO REVENUES,
PROFITS OR GOODWILL OR OTHER SPECIAL, INDIRECT, INCIDENTAL
OR CONSEQUENTIAL DAMAGES OF ANY KIND RESULTING FROM ITS
PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT
OR RESULTING FROM THE FURNISHING, PERFORMANCE, USE OR
LOSS OF USE OF ANY SOFTWARE, SYSTEM, SITE, OR DELIVERABLE
PROVIDED TO CLIENT HEREUNDER, INCLUDING WITHOUT
LIMITATION ANY INTERRUPTION OF BUSINESS, EVEN IF SEDGWICK
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR
DAMAGE.
E. Notwithstanding the foregoing, an indemnifying party will not settle a claim DocuSign Envelope ID: 9E1E1191-87CB-4A32-B11D-D30216E13A1E 65 Item # C7.
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without the indemnified party’s written consent, unless such settlement results in (i) a full release of all parties, (ii) no liability to the indemnified party or future obligation of the indemnified party, and (iii) no admission of wrongdoing by Client or Sedgwick.
F. The provisions of this section shall survive the expiration or termination of the Agreement.
8. Network Security/Confidentiality:
A. If Client’s access to the data management system requires a network connection (the “Network Connection”) between Client's network and Sedgwick’s network, Sedgwick and Client shall take reasonable and customary precautions to prevent unauthorized access to or use of the Network Connection through their respective networks. The parties agree, however, that each party is responsible for the security of its own network. Neither party shall be liable to the other for unauthorized access to the Network Connection, so long as the accused party shall have taken reasonable and customary precautions to prevent such unauthorized access.
B. Whether or not marked as such, and without regard to the media in which such records are stored, “Confidential Information” shall mean:
(1) any business or technical information pertaining to the parties herein or to third parties, which is furnished, disclosed or made available by one party to the other, including, without limitation, specifications, prototypes, software, marketing plans, financial data and personnel statistics; and (2) Medical records, reports and information, as well as any other nonmedical records, reports or information pertaining to claimants under the Program.
C. Each party agrees to protect Confidential Information received hereunder with the same degree of care that such party exercises with its own confidential information (but in no event less than reasonable care) and to limit access 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 agrees to permit Sedgwick to compile and disseminate aggregate, de-identified information for auditing, compliance, internal assessments, process improvement and related analytics, benchmarking purposes.
Further, Sedgwick shall be entitled, without violation of this section and without the prior consent of Client, to retain claims administration information and to forward claims administration information to government agencies to the extent required by law for the proper performance of the services set forth herein.
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D. The provisions of this section shall survive the expiration or termination of the Agreement.
9. Notices:
Any notice required to be given under this Agreement shall be sent by certified or registered mail, postage prepaid, to General Counsel - Americas, Sedgwick Claims Management Services, Inc., 8125 Sedgwick Way, Memphis, TN 38125, in 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 such subcontracting or delegation shall not relieve Sedgwick of any of its obligations hereunder and Sedgwick will be responsible 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 attached exhibits and schedules represents the full and final understanding of the parties with respect to the subject matter described herein and supersedes any and all prior agreements or understandings, written or oral, express or implied. This Agreement may be modified or amended only by a written statement signed by both parties.
12. Applicable Law:
The terms and conditions of this Agreement shall be governed by the laws of the State of California without regard to conflicts of law principles. If any dispute or claim arises hereunder that the parties are not able to resolve amicably, the parties agree and stipulate that such litigation shall be resolved in the County of Santa Clara, in the State of California, and the parties irrevocably submit to the exclusive venue and jurisdiction of such court for the purpose of any such action or proceeding. In the event of a dispute between the parties resulting in litigation, the prevailing party may, in addition to any other relief obtained, recover its court costs and reasonable attorney’s fees.
13. Force Majeure:
Neither party shall be liable to the other party or be deemed to have breached this Agreement for any failure or delay in the performance of all or any portion of its obligations under this Agreement if such failure or delay is due to any contingency beyond its reasonable control (a “force majeure”). Without limiting the generality of the DocuSign Envelope ID: 9E1E1191-87CB-4A32-B11D-D30216E13A1E 67 Item # C7.
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foregoing, such contingency includes, but is not limited to, acts of God, fires, floods, pandemics, storms, earthquakes, riots, boycotts, strikes, lock-outs, acts of terror, wars and war operations, restraints of government, power or communication line failure or other circumstance beyond such party’s reasonable control, or by reason of the bankruptcy, receivership or other insolvency proceeding of any bank or other financial institution where funds to pay losses and allocated loss adjustment expenses are held, or by reason of a judgment, ruling or order of any court or agency of competent jurisdiction or change of law or regulation subsequent to the execution of 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 perform shall give immediate notice to the other party. Client acknowledges that the foregoing 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 and shall not be considered in any interpretation of this Agreement.
15. Relationship of Parties; Expenses:
Nothing contained in this Agreement shall be deemed to create a partnership or joint 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 hereto shall have authority or shall hold itself out as having authority to act for or bind any other party hereto. Except as expressly set forth 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 this Agreement shall not affect its right subsequently to require performance of that or any other obligation. Any waiver by any party hereto of any breach of any provision of 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 services to its clients, as well as structured settlements, claim indexing services, imaging, auto-bill adjudication, and extra-territorial claims administration services. Medical management services include, but are not limited to, bill review, network access, pharmacy benefits management, peer review, field case management, electro-medical devices, bone growth stimulators, orthotics, prosthetics, translation and interpretation, transportation, medical supplies, IV and DocuSign Envelope ID: 9E1E1191-87CB-4A32-B11D-D30216E13A1E 68 Item # C7.
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respiratory therapy, home health, and durable medical equipment. Client recognizes and agrees that delivery of some of these services are being provided pursuant to separate agreements between subcontractors and Sedgwick. Invoices for these services will be paid as allocated loss adjustment expenses on individual claims, unless otherwise agreed between Client and Sedgwick. Notwithstanding the foregoing, Client agrees 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 have been provided under this Agreement. Client acknowledges that Sedgwick receives a portion of charges for subcontracted services as reimbursement for cost of program management, administration, and technological and service enhancements. 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 on the date of this Agreement, whether such standards are set forth in statutes, regulations, rules, orders, case law or otherwise. In the event of a change in a service standard, the parties shall discuss in good faith an equitable adjustment 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 represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Sedgwick may substitute other personnel that Sedgwick will endeavor will be of at least equal competence and experience upon written approval of City. In the event that City and Sedgwick cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement, but in absence of such termination Sedgwick’s replacement personnel will be considered approved. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to City, or who are determined 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 for 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.
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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.
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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 program is insured. Client shall provide the relevant policy information, including a complete copy of all applicable 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 party reserves the right to change its designated representative during the term of the Agreement.
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EXHIBIT B
SERVICE FEES
Client shall pay the following fees on a life of contract basis for services provided 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 acknowledges that the claim fees set forth in this section 1 are based on the assumption that Client will forward to Sedgwick all claims arising 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 period 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 available for a fee of $870 per user per year. Sedgwick will make available, through Sedgwick’s proprietary claims system, claim-related data with “web-enabled” access. Client will have “view only” access to the 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 and similar costs for accessing 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 closed at the time that Sedgwick obtained the Program. Sedgwick’s liability for such files shall be subject to the same limitations as contained in its written agreements with storage service providers, if any.
3. Invoicing
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All recurring claims administration fees are billed on a quarterly basis in advance based 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 are detailed below and fees not expressed as a percentage 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.
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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
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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
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6. Subrogation and Other Recoveries:
A. Sedgwick shall pursue recoveries for subrogation, second injury funds, and other applicable special funds such as supplemental state funds, COLA reimbursements, retro funds, and other similar funds. Client shall pay Sedgwick twenty percent (20%) of the recovery received. All fees and expenses, including attorneys’ fees or investigations, for pursuit of any recovery shall be charged to the appropriate 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 recovery (less 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 recovery funds into the Client’s loss-funding account and 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 involving bodily injuries (WC, liability, no fault).
8. Payment Terms
Client acknowledges that all fees set forth in the Agreement are due and payable within thirty (30) days of the invoice. Any and all past due fees will incur interest at the non-compounding rate of 1.0% per month, unless otherwise prohibited by law or not subject to a good faith payment dispute by Client in writing. Client acknowledges that in the event Sedgwick undertakes collection proceedings for any outstanding fees, then Client will reimburse 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.
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MANAGED CARE SERVICE SCHEDULE
Client has chosen the following managed care services, as defined herein:
(1) Provider Fee Management - The bill review process reviews bills against up-todate and accurate mandated state fee schedules or the usual and customary (“UCR”) data base, whichever is appropriate, to reveal excessive, duplicate, or inappropriate charges.
(2) Preferred Provider Organization (“PPO”) Networks - Sedgwick will arrange for access and channeling to national and regional PPO networks including specialty 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 patient'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 negotiation with the billing provider will be pursued. Additionally, 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 cost to charge repricing database to determine appropriate reimbursement.
(5) Specialty Usual and Customary Review – Sedgwick’s vendors will apply geographic charges (fee for same procedure charged by other providers in same area) and cost to charge ratios (actual cost to provider for procedure or hospital stay v. amount charged) to determine reimbursement of medical services 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 registered nurse to validate or negotiate the necessity, 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 resolve treatment and DocuSign Envelope ID: 9E1E1191-87CB-4A32-B11D-D30216E13A1E 77 Item # C7.
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diagnosis questions.
(8) Prescription Services – Pharmacy program made available to Client’s employees whereby a network of pharmacies, 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. The purpose of the review is to evaluate whether the medications prescribed to and/or taken by the claimant are appropriate for treatment of the injury or ailment which is the subject of the underlying claim being administered by Sedgwick.
(10) Telephonic Case Management services are described below and are available upon request and for an additional fee.
(11) Complex file review (nurse review) - Hospital or outpatient non-PPO bills that meet specific, pre-established criteria may be reviewed by a nurse for possible errors or excessive charges relative to the patient’s medical diagnosis.
Additional Managed Care Services
Telephonic Case Management
Sedgwick will provide a telephonic medical case management program in which nurse case managers receive early notice of a worker's injury and telephonically manage the appropriate cases. Other elements of the Telephonic Case Management program include:
• The management phase includes ongoing return to work (“RTW”) and treatment plan 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 treatment plan. The Client may also be contacted to assess/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 the assigned claim examiner 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 determine 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 provided, within seventy-two (72) hours, to the claims professional via documentation in the data management 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, the nurse case manager will contact the claims professional with a recommendation. At that time, the case will either:
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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 transmitted electronically to the data management system.
• Sedgwick claims offices will receive standard, open, closed, referred, and savings reports. All information collected will allow for insured level, by office reporting. Client customized communication reports may carry an additional charge to be borne directly by Client. 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 contact with the injured worker, treating physician and, if appropriate and necessary, Client, to determine 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 required to approve the treatment plan. The Client may also 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 significant events (e.g., surgery, treatment plan updates, RTW status, etc.) occur in a case, and no less often than every thirty (30) days. • Continued telephonic case management will proceed on only those cases in which clinical activities can assist in resolving medical or RTW issues at the discretion of the Sedgwick claims professional. These activities require regular contact with the injured worker, treating physician or therapist, and Client, as appropriate.
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SIU SERVICE SCHEDULE
Sedgwick Special Investigations Unit (“Sedgwick SIU”) will provide centralized management of investigative service vendors and will maintain a national vendor list of approved service providers based upon client or local Sedgwick office preference. Sedgwick SIU will establish quality benchmarking and ensure its vendors are properly licensed and maintain insurance coverage as mandated in vendor agreements with these firms.
Sedgwick SIU will serve as a central referral and coordination unit providing the following SIU services for the fees itemized in Exhibit B:
1. Assessment services including case review, consultation, action plan development, state fraud filing, claim file demand and fraud packaging.
2. Field services including surveillance, activity checks, alive and well checks, 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 reporting and fraud awareness training.
5. And, other services as outlined in Exhibit B.
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MEDICARE REPORTING SERVICES SCHEDULE
To assist the Client in fulfilling Client’s Medicare beneficiary reporting obligations under Medicare, Medicaid and State Children’s Health Insurance Program Extension Act of 2007 (“MMSEA”) Section 111 as set forth in 42 U.S.C. §1395y(b)(7)&(8) and the CMS User Guide (“User Guide”) published on March 16, 2009 (and as amended and revised), Sedgwick will perform the following reporting services:
1. Sedgwick will electronically interface with the Centers for Medicare and Medicaid Services (“CMS”) to capture and report data in the format prescribed by the CMS Specifications.
2. Sedgwick will report directly to CMS on behalf of Client as an Account Designee (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 will be responsible for maintaining a valid RRE Identification Number as described in the User Guide and is a condition precedent to Sedgwick preforming the duties under this section. Failure to maintain the RRE Identification Number will result in Sedgwick’s inability to properly report claims on behalf of the Client.
Sedgwick assumes no responsibility for maintaining a valid RRE Identification Number on behalf of the Client.
4. Sedgwick will assist Client as follows:
a. Sedgwick will electronically interface with the Centers for Medicare and Medicaid Services (“CMS”) to capture and report 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 the required data files 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 SCHIP Extension Act of 2007 that relate to the negligent acts or omissions 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 receive information from Client that is essential to the performance of the duties set forth herein in a timely manner so as to be able to comply with the terms of this Agreement.
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CLINICAL CONSULTATION SERVICES SCHEDULE
Sedgwick will provide clinical consultation services. Clinical consultation services allow a nurse to speak with the injured employee at the time that the claim is reported in order to make 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 will make outbound calls to the injured employee on appropriate claims to obtain injured employees status and conduct the clinical consultation survey 24 hours after the initial clinical consultation call.
The current fee for agreed upon clinical consultation services are set forth in Exhibit B, but this fee will be reviewed and agreed upon annually with 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.
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EXHIBIT D
INSURANCE REQUIREMENTS
Please refer to the insurance requirements listed below. Those that have 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 provide its insurance broker(s)/agent(s) with a copy of these requirements 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 approved by Client before work commences. Client has the right to require Sedgwick’s insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.
Commercial General Liability (CGL):
_X__ Coverage at least as broad as ISO Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $1,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
Automobile Liability:
_X__ Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), of if Sedgwick has no owned autos, Code 8 (hired) and 9 (non-owned), with limits no less 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 limit no less than $1,000,000.00 each wrongful act, $2,000,000.00 aggregate.
Workers’ Compensation Insurance:
_X__ Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no 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.
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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 limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, 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 penalties, 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 liability and automobile liability 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 completed 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 required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain 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 the Client’s own insurance or self-insurance shall be called upon to protect it as a named insured.
Sedgwick may submit evidence of Builder’s Risk insurance in the form of Course of Construction 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 above described policies be cancelled before 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 subrogation which any insurer of said Sedgwick may acquire against the Client by virtue of the payment of any loss under such insurance.
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 Workers’ Compensation Policy shall be endorsed with a waiver of subrogation in favor of the Client for all work performed by Sedgwick.
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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 appointed 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 be placed with insurers with a current A.M. Best’s rating of 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 date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided 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 services involve lead-based paint or asbestos identification/remediation, the Contractor’s Pollution Liability Policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability Policy shall not contain 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 the applicable policy language effecting coverage required by this clause. All certificates and endorsements DocuSign Envelope ID: 9E1E1191-87CB-4A32-B11D-D30216E13A1E 85 Item # C7.
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are to be received and approved by the Client before work commences. However, failure to obtain 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 modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.
Failure to Comply:
Each insurance policy required above shall contain or be endorsed to contain that any failure to comply with reporting provisions of the policies shall not affect coverage provided to the Client, its elected and appointed officials, officers, attorneys, agents, and employees.
Applicability of Coverage:
Each insurance policy required above shall contain or be endorsed 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, September 7
Registration Open/Voting Delegates Booth Open
8:00 a.m.–6:00 p.m.
City Clerks Workshop
(additional registration required)
8:30 a.m.-1:00 p.m.
AB 1234 Ethics Training
10:00 a.m.–noon
Regional Division Lunches*
11:30 a.m.–1:15 p.m.
First Time Attendee Orientation
12:45-1:15 p.m.
Opening General Session
1:30-3:30 p.m.
Concurrent Educational Sessions
3:45-5:00 p.m.
Grand Opening Expo Hall and Host City Reception
(exhibitor exclusive; no competing events)
5:00-7:00 p.m.
CitiPAC Leadership Reception
7:00-10:00 p.m.
Thursday, September 8
Registration Open/Voting Delegates Booth Open
7:00 a.m.–4:00 p.m.
Concurrent Educational Sessions
8:30-9:45 a.m.
Expo Open
9:00 a.m.-3:00 p.m.
General Session
10:00 a.m.-noon
Attendee 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 longterm 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
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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-soilamendment 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 contextsensitive 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
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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 “smashand-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, publicprivate 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
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“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
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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
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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
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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.
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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)
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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 not 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 reviewed 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
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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) whichoffer 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
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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 heldin 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 thirdparty 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
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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 employeesinvolved 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 VI1-3.04 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 accordance 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 shallbe 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
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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 nameof 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.
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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 thisreporting 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 institutionsand 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 shallbe 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
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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 equivalent 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.
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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 upto the FDIC limit does not require any credit ratings. Any amount above the FDIC insured limitmust 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 Cityand the dealer for all repurchase agreements transacted.
7) Time Deposits - Time deposits, non-negotiable and collateralized in accordance with the California Government Code, may 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 portfolio 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 SecurityExchange 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:
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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 foreigncurrency denominated securities is prohibited.
RISK MANAGEMENT AND DIVERSIFICATION
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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:
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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 variousfund accounts based on the cash balance in each fund as a percentage ofthe 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
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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
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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 prescribesstandard 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
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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 that 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 certain 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 agreesto 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
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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 Bills- 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.
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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
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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
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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
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Approved 8/21/2018
Updated 1/19/2021
Updated 4/5/2022
CITY OF MILPITAS
COMMISSIONERS HANDBOOK
2022
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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
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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
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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
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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
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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. ¶
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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.
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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 (nonvoting) 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 .
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Deleted: regular
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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.