CityCouncil_RegularSession_Attachments_08_16_2022 — Milpitas City Council, August 16, 2022 (part 1 of 4)

455 EAST CALAVERAS BOULEVARD, MILPITAS, CALIFORNIA 95035-5479 GENERAL INFORMATION: 408-586-3000, www.ci.milpitas.ca.gov 8/16/2022
Agenda Item No. C6

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AGENDA ITEM #C6

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Alex Zabyshny
Milpitas Resident of 12 years
PO Box 360946
Milpitas, CA 95036
August 15, 2022
RE: Item C6, August 16, 2022, Milpitas City Council Meeting 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
Dear Mayor Tran and Members of the Council:

I am writing this letter to ask you to delay making a finding of CEQA exemption as well as not to adopt this ordinance at this time. The reasons for this are detailed below.

The staff report states that the proposed amendments are categorically exempt from CEQA based on CEQA Guidelines, §15061(b)(3), also known as the “common sense exemption” and on CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning). These exemptions are not applicable because the proposed amendments will introduce significant increases in noise levels from those examined in the Environmental Impact Report (EIR) that was adopted for the latest Milpitas General Plan Update. For example, Table N-3 in the General Plan identifies maximum allowable noise levels. Per Table N-3 (please see a copy of Table N-3 below), the maximum allowable outside noise level exposure, even in mixed-use areas, is 75 dBA between 7 am and 10 pm. The proposed amendments will dramatically increase the maximum noise level to 90 dB and also increase the duration of harmful noise exposure to 11 pm.

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To put these changes into perspective, please consider the following:
• Per the Milpitas General Plan EIR, “The decibel scale is logarithmic, not linear. In other words, two sound levels 10 dB apart differ in acoustic energy by a factor of 10. When the standard logarithmic decibel is A-weighted, an increase of 10 dBA is generally perceived as a doubling in loudness. For example, a 70 dBA sound is half as loud as an 80 dBA sound, and twice as loud as a 60 dBA sound.”
• The EIR also states that per the Environmental Protection Agency (EPA), a 24-hour period exposure to 70 dBA would result in some hearing loss.
• The EIR also states that per “Department of Housing and Urban Development (HUD) o 65 dBA Ldn or less - an acceptable zone where all projects could be approved. o Exceeding 65 dBA Ldn but not exceeding 75 dBA Ldn - a normally unacceptable zone where mitigation measures would be required and each project would have to be individually evaluated for approval or denial. These measures must provide 5 dBA of attenuation above the attenuation provided by standard construction required in a 65 to 70 dBA Ldn area and 10 dBA of attenuation in a 70 to 75 dBA Ldn area.
o Exceeding 75 dBA Ldn - an unacceptable zone in which projects would not, as a rule, be approved.”
• Per Centers for Decease Control and Prevention (CDC) “noise above 70 dB over a prolonged period of time may start to damage your hearing.” It also states that at 80 dB to 85 dB level “damage to hearing is possible after 2 hours of exposure” while at 95 dB “Damage to hearing possible after about 50 minutes of exposure.” • The proposed amendments would explicitly exclude outdoor music from being identified as disturbing noise, which ignores the General Plan recognition that the noise thresholds for music (because it is considered as tonal noise) “shall be lowered by 5 dBA for tonal noises characterized by a whine, screech, or hum, noises consisting primarily of speech or music, or recurring impulsive noises.”
The proposed amendments only protect areas zoned as R1 and R2 from harmful noise, limiting exposure there to 65 dB. For other areas, it is assumed 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.” This assumption is not correct based on the following reasons:
• Ideally, people would “self-select,” choosing where they would like to live based on their interests, stages in life, participation in “urban living environment,” etc. However, given the current housing affordability crisis, this “self-selection” is substantially limited, forcing people to select any available housing, even if they would have to be exposed to noisy environments that they do not want.
• Per the adopted General Plan, even in mixed-use areas, “noise mitigation, including an acoustical analysis, shall be required to reduce interior space noise levels to 45 dB Ldn, or less, for sensitive receptors.” With the increased proposed outdoor noise exposure, the

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existing noise mitigation of existing residential units may not be adequate, requiring the existing residents to incur unnecessary expenses.

Conclusion
Based on the above evidence, making a finding of CEQA exemption and adopting this ordinance is premature. There is no conformance with the existing General Plan and the relevant EIR findings. The proposed changes would substantially increase outdoor noise levels beyond the appropriate thresholds and may reasonably cause physical and economic harm to Milpitas residents living within certain areas. This should be further examined, potentially streamlining permitting process for areas a certain distance away from any residential uses.

In areas where outdoor music from a restaurant or a bar is proposed to be a normal condition inherent to a mixed-use, urban living environment, the residents are expected to solely shoulder the responsibility for noise mitigation. Perhaps, the businesses that move to these areas and wish to increase profits by producing loud music could also share the expenses and responsibility by analyzing the impacts of these decisions and that should be reflected in the ordinance language.

Sincerely,
Alex Zabyshny
455 EAST CALAVERAS BOULEVARD,MILPITAS,CALIFORNIA 95035-5479 GENERAL INFORMATION: 408-586-3000, www.ci.milpitas.ca.gov 8/16/2022
Agenda Item No. 13

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From: Rolland Janairo
To: City Clerk
Cc: Eddie Truong
Subject: 2022 Milpitas Small Business Assistance Grant Program Date: Monday, August 15, 2022 12:46:28 PM
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To the Milpitas City Council,
I am unable to attend the Milpitas City Council meeting tomorrow, but I wanted to express my gratitude to the Milpitas City Council and the Milpitas Small Business Assistance Grant Program.

My name is Rolland Janairo, and I am Executive Director of the Silicon Valley Urban Debate League (SVUDL). SVUDL is a small non-profit headquartered in Milpitas that serves over 525 low-income high school students in San Mateo and Santa Clara Counties. We received a generous $5,000 grant as part of the Milpitas Small Business Assistance Grant Program that was able to help us to continue to empower high school students, regardless of their race or socioeconomic status, to reach their full potential to become professional and community leaders by teaching critical thinking and communication skills through Speech and Debate programming.

Thank you again for selecting SVUDL as a grantee and supporting small non-profit organizations and other businesses in Milpitas. We truly appreciate the support of our local government and are proud to serve the community.

Sincerely,
Rolland
--
Rolland Janairo, Executive Director - he/him/his
Silicon Valley Urban Debate League
502 Valley Way | Milpitas, CA 95035
Mobile:

From: Nancy McVeigh
To: City Clerk
Subject: City of Milpitas Small Business Grant
Date: Monday, August 15, 2022 11:54:14 AM
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To the Mayor and City Council of Milpitas:

We are not able to attend the meeting tomorrow night, but we are glad to submit our support for these types of assistance programs for the Milpitas community. The funds were used to pay some rent, and an unexpected plumbing repair at the school location. Although the martial arts school is still in economic recovery from the closures, we were encouraged to have the support of the City of Milpitas Office of Economic Development program. The complete process was very straightforward, and the Office handled it efficiently. We thank them for their work, and thank you for approving it!
Nancy McVeigh
Independent Bookkeeper
for: West Coast Martial Arts Association Inc.
19 N. Milpitas Blvd, Milpitas, CA
From: Helen M Macatangay
To: City Clerk; Adelona Perry; Gina Corro; Carlos Macatangay Subject: Small Business Grant Program - Thank you from ASM Family and Milpitas Care Center Date: Monday, August 15, 2022 12:20:44 PM
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On behalf of ASM Family and Milpitas Care Center - we want to thank the City of Milpitas for the Small Business Grant Program. The facility used the grant for staff retention and recognition in the form of cash bonus or incentive. During this COVID pandemic that so significantly affected our facility operations - we needed to hire and retain employees for Milpitas Care Center. Thus the grant was disbursed as referral bonus, retention bonus and some portion were used during the Nurses Week celebration last May.

Honoring and recognizing our RN's, LVN's and CNA's as well as the other Ancillary staff at our facility.

Again - thank you to the City of Milpitas and to the Small Business Grant Program.

Helen M Macatangay BSN RN
ASM Family Foundation
Milpitas Care Center
408-262-0217 main number
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From: Glen Qin
To: City Clerk
Subject: support for the Small Business Grant Program
Date: Monday, August 15, 2022 11:18:09 AM
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Dear Mayor and City Council,
This is Glen Qin, the President of CSTU. I am writing this letter in support of the small business grant program.

As a small business, we have suffered more than a 25% drop in revenue due to the COVID-19.

The grant program helped us to keep our employees and be able to continue our business. The grant program is better than other programs too, as the Milpitas's program can help small businesses with payroll costs, which is the most needed help.

Sincerely,
Glen
Dr. Glen Qin, President
California Science and Technology University
1601 McCarthy Blvd., Milpitas, CA 95035
Website: www.cstu.edu
From: Amy Chou
To: City Clerk
Subject: Public Comment from Grantee
Date: Monday, August 15, 2022 2:19:53 PM
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Special shout out to Eddie Truong for your support, responsiveness, and compassion. My parents and I are extremely grateful for this grant to keep them afloat. It’s been a rough couple of years due to COVID (and a fire!), they were hoping to scale back given their age but can no longer due to these financial setbacks. They opened in 1998; I worked every weekend from middle to high school at their cafe to pay for college.

When I’m not helping out my immigrant parents’ small business, I’m also a FT grant-maker for the City of SF, so I can relate to the weight and importance of this work.

Amy Chou, Ed.M
From: huong nguyen
To: City Clerk
Date: Tuesday, August 16, 2022 6:43:42 AM
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Good morning Mr and Mrs.

My name Huong Nguyen from Image Cuts salon on 1768 landess Ave Milpitas CA 95035.

I am appreciate your help from the fund grant for small businesses of this year and last year.

This fund helps me 2 months paid rent, utilities. In 2 months I could relax concentrate on my jobs. I'm happy working in Milpitas....I don't know how tell about my heart . I am sorry for can't join zooming tonight. One more time I am appreciate all of your help for safe my business
Thanks and God bless all of you

August 15, 2022
To: Milpitas City Council
RE: UPDATE on COVID-19 Pandemic Response and Economic Recovery and Santa Clara County QUALITY MATTERS Early Learning Apprenticeship Pilot
For the past year, FIRST 5 Santa Clara County has been hard at work developing and designing an innovative “earn and learn” Apprenticeship pilot that combines paid work experience and college coursework to culminate in both a wage increase as well as an Associate Teacher permit, the industry standard for entry-level positions in the early learning and care field.

The City of Milpitas’ Economic Development Office has been at the forefront of this economic recovery work.

Investment in the stabilization, recruitment, and retention of the early learning and care workforce is the most effective way to increase positive outcomes for children, while also promoting greater economic stability for families.

This workforce initiative is a direct response to the devastating effects of the COVID-19 pandemic, which added a huge burden onto childcare providers across Santa Clara County. Childcare businesses are unique in that they cannot easily pivot to a virtual environment. With extensive COVID-19 health and safety requirements, families choosing to keep children at home temporarily, and the added cost of doing business during a global crisis, many childcare providers were forced to temporarily and/or permanently close their doors.

To understand the impact locally, it may be helpful to note that 19% of licensed childcare capacity for children 0-5 in Milpitas is currently provided by Family Child Care Home (FCCH) small businesses. According to state licensing data, 17 of 86 of these Milpitas businesses (about 20%) closed during the pandemic, preventing families from re-entering the workforce and slowing economic recovery.

The Apprenticeship pilot directly benefits Milpitas’ residents in two distinct ways. First, this effort creates a supportive pathway into a rewarding career in the field of early learning and care, even for those with no prior work experience. And second, these well-trained Apprentices join the “workforce behind the workforce,” providing access to more stable, consistent, and quality childcare for working parents in the community.

To date, and through your generous ARPA supports, six Milpitas childcare providers and residents have been accepted to the inaugural cohort of Apprentices. Three of them are placed as assistant teachers in centerbased and home-based early learning and care environments, and three are childcare small business owners themselves. Remember that your investment in this project goes beyond these six apprentices. Each Family Child Care Home provider provides access to stable, supportive childcare, allowing up to 16-28 parents (depending on whether the provider has a small or large childcare license) to enter or re-enter the workplace.

As you can see, ongoing investments in the early learning and care workforce will continue to exponentially impact your community in positive ways, as more and more providers learn about this and other innovative workforce development efforts.

In addition to Milpitas residents’ participation in the Apprenticeship pilot, Milpitas can continue to support essential Family Child Care Home small businesses in a variety of ways, including: updating city policies to reflect that an FCCH is a residential use of property, Waiving all local fees and charges to operate an FCCH business, and continuing to include FCCH providers in small business programs, supports, and grant opportunities.

We so appreciate your investment in the continued accessibility of childcare services, with a clear focus on strengthening the early learning workforce. In this way, you support the care economy upon which all other sectors depend for their own recovery efforts.

Thank you again for including the needs of the early learning workforce in your ARPA budget. We stand with you as a key partner in an equitable investment that will protect and support a bright future for all of Milpitas’ children, families, and early educators.

Sincerely,
Dr. Heidi Emberling Wendi Mahaney-Gurahoo, MSM
Heidi Emberling, EdD Wendi Mahaney-Gurahoo, MSM
Interim Chief Program Officer Early Education and Child Care Policy Consultant

4000 Moorpark Avenue, Suite 200 • San Jose, CA 95117 • T 408.260.3700 F 408.296.5642 • [email protected] • From: [email protected]
To: Eddie Truong; City Clerk
Subject: Re: Please share your support for the 2022 Milpitas Small Business Grant Program Date: Tuesday, August 16, 2022 10:38:42 AM
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Hi Eddie,
I am sorry I will not be able to attend the meeting. Below are my words of support, including my experience, for the program:

I heard about the grant program through an email that I received from the City of Milpitas. I applied for the program immediately and found the process to be quick and extremely easy.

The assistance grant program has helped me and my company tremendously by providing additional funding for the company’s payroll and other operational expenses. I am beyond grateful for the city’s program and I am certain that this program and similar ones benefit our local community.

Hope the city can provide more programs like this in the near future.

Cordially,
Marcelo B Tagle III
Kalesa and staff members
1783 N Milpitas Blvd., Milpitas
Sent from my iPhone
On Aug 15, 2022, at 11:04 AM, Eddie Truong <[email protected]> wrote:

Dear Marcelo Tagle,
I am reaching out because your business (Barzaga Inc) has been approved for a grant through the 2022 Milpitas Small Business Assistance Grant Program. On Tuesday evening (8/16/2022), the Milpitas City Council will hear a presentation from the Office of Economic Development about the impact of this relief program benefitting small businesses (Agenda Item #13).

The Mayor and City Council are always interested in hearing from the community about the impact of City relief programs. If you had a positive experience, I would encourage you to make a 1-2 minute public comment at the City Council meeting, so that our elected officials can hear about how the small business grant program has helped your business. You may register for the meeting through this link: https://ci-milpitas-ca- gov.zoom.us/webinar/register/WN_QeFytPA7TlKsHIob5AzmyQ
We are expecting Agenda Item #13 to begin around 8:00pm in the evening and you may join the meeting either in-person at City Hall (455 East Calaveras Blvd) or over Zoom. If you cannot attend this meeting to make a public comment, I would encourage you to submit a letter of support for the Small Business Grant Program by sending an email to [email protected].

Thank you for the consideration of sharing your recent experience with the Milpitas Small Business Assistance Grant Program. Your feedback is tremendously helpful and encourages the City of Milpitas to develop more programs to benefit our local community.

Regards,
Eddie
image001.png Eddie D. Truong
Economic Development Specialist (Limited Term)
Office Tel: (408) 586-3047
Mobile Tel: (408) 941-3901
455 E. Calaveras Blvd., Milpitas CA 95035
www.ci.milpitas.ca.gov

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From: The UPS Store #0574
To: City Clerk; Eddie Truong
Subject: Re: Please share your support for the 2022 Milpitas Small Business Grant Program Date: Tuesday, August 16, 2022 12:51:38 PM
Attachments: image003.png
image001.png
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links.

Dear Milpitas City Clerk and Mr. Eddie Truong,
Thanks for your email. Unfortunately I cannot join the meeting tonight due to preexisting circumstance, I would like to add my voice as following; "The Small Business Grant Program has been really great to me! It provides me with NOT ONLY a huge financial relief for my starting business BUT ALSO the best feeling on this Milpitas Community. Now every morning I open the door of store it makes me happy to work with the people in Milpitas. Thanks!"
Thanks again and Have a great day.

Best regards,
Young
The UPS Store 0574
142 N .Milpitas Blvd
Milpitas, CA 95035
From: Eddie Truong <[email protected]>
Sent: Tuesday, August 16, 2022 12:36 PM
To: The UPS Store #0574 <[email protected]>
Subject: RE: Please share your support for the 2022 Milpitas Small Business Grant Program CAUTION! This email originated from outside of the organization. Please do not open attachments or click links from an unknown or suspicious origin.

[email protected]
Eddie D. Truong
Economic Development Specialist (Limited Term)
Office Tel: (408) 586-3047
Mobile Tel: (408) 941-3901
455 E. Calaveras Blvd., Milpitas CA 95035
www.ci.milpitas.ca.gov
From: The UPS Store #0574 <[email protected]>
Sent: Tuesday, August 16, 2022 12:31 PM
To: Eddie Truong <[email protected]>
Subject: Re: Please share your support for the 2022 Milpitas Small Business Grant Program CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links.

Best regards,
Young
The UPS Store 0574
142 N .Milpitas Blvd
Milpitas, CA 95035
From: Eddie Truong <[email protected]>
Sent: Monday, August 15, 2022 11:15 AM
To: The UPS Store #0574 <[email protected]>
Subject: Please share your support for the 2022 Milpitas Small Business Grant Program CAUTION! This email originated from outside of the organization. Please do not open attachments or click links from an unknown or suspicious origin.

Dear Young Choi,
I am reaching out because your business (Goodnews JJY Inc) has been approved for a grant through the 2022 Milpitas Small Business Assistance Grant Program. On Tuesday evening (8/16/2022), the Milpitas City Council will hear a presentation from the Office of Economic Development about the impact of this relief program benefitting small businesses (Agenda Item #13).

The Mayor and City Council are always interested in hearing from the community about the impact of City relief programs. If you had a positive experience, I would encourage you to make a 1-2 minute public comment at the City Council meeting, so that our elected officials can hear about how the small business grant program has helped your business. You may register for the meeting through this link: https://ci-milpitas-cagov.zoom.us/webinar/register/WN_QeFytPA7TlKsHIob5AzmyQ We are expecting Agenda Item #13 to begin around 8:00pm in the evening and you may join the meeting either in-person at City Hall (455 East Calaveras Blvd) or over Zoom. If you cannot attend this meeting to make a public comment, I would encourage you to submit a letter of support for the Small Business Grant Program by sending an email to [email protected].

Regards,
Eddie
Eddie D. Truong
Economic Development Specialist (Limited Term)
Office Tel: (408) 586-3047
Mobile Tel: (408) 941-3901
455 E. Calaveras Blvd., Milpitas CA 95035
www.ci.milpitas.ca.gov
CONFIDENTIALITY NOTICE: The information contained in and accompanying this communication may be privileged or confidential and is intended solely for the use of the intended recipient (s). If you are not the intended recipient of this communication please delete and destroy all copies immediately.

CONFIDENTIALITY NOTICE: The information contained in and accompanying this communication may be privileged or confidential and is intended solely for the use of the intended recipient (s). If you are not the intended recipient of this communication please delete and destroy all copies immediately.

From: 종호 이
To: City Clerk
Subject: Support small business grant program
Date: Tuesday, August 16, 2022 2:06:45 PM
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Hello,
This is Poke Xpress.

I’m sorry I can’t attend meeting.

I strongly support the 2022 Milpitas Small Business Grant Program.

Thank you.

Best regards,
Sent from my iPhone
From: elizabeth andres
To: City Clerk
Subject: Stimulus 5000dollors
Date: Tuesday, August 16, 2022 2:27:01 PM
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links.

Thank you to the City of Milpitas for the 5000.00 dollars stimulus . It help me a lot to pay my late payment of my building lease, thank you so much since the economy is down, my revenues is not enough to pay off all the expenses.

Thank you,
Elizabeth AndresMecua
Sent from AT&T Yahoo Mail for iPhone
455 EAST CALAVERAS BOULEVARD, MILPITAS, CALIFORNIA 95035-5479 GENERAL INFORMATION: 408-586-3000, www.ci.milpitas.ca.gov 8/16/2022
Agenda Item No. C6

ATTACHMENT RELATED TO
AGENDA ITEM C6

SUBMITTED AFTER AGENDA

PACKET DISTRIBUTION

STAFF RESPONSE TO PUBLIC

CORRESPONDENCE

C ITY OF M ILPITAS
August 16, 2022
Alex Zabyshny
PO Box 360946
Milpitas, CA 95036
[email protected]
Dear Mr. Zabysny,
Thank you for your letter to Mayor Tran and the Milpitas City Council regarding the pending zoning ordinance amendment to allow outdoor music as an accessory use to bars and restaurants located in certain areas of the city (Item No. C6 on tonight’s City Council meeting agenda). We appreciate your interest in this topic.

The City has determined that the proposed zoning ordinance amendment is exempt from environmental review under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) and, as a separate and independent basis, CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan or Zoning). Your letter asserts that these exemptions are not applicable to the proposed zoning ordinance text amendment.

CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) provides that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Your letter states that this exemption is not applicable because the proposed zoning ordinance amendment will “significantly increase” the maximum noise level and the “duration of harmful noise exposure” within areas of the City where outdoor music will be allowed in conjunction with a bar or restaurant. You then cite information from the General Plan EIR regarding the decibel scale, noise exposure, and mitigation.

As stated in the Noise Element of the General Plan, Goal N-2 supports vibrant, mixed-use centers while also protecting sensitive uses (e.g., residences) from excessive noise. The pending zoning ordinance amendment seeks to allow outdoor music as part of vibrant commercial and mixed-use environments, while also incorporating standards to maintain acceptable noise levels for nearby residential uses and to prohibit late-night noise from live music that would disturb residents in their homes.

The pending zoning ordinance amendment addresses live entertainment at restaurants and bars.

They include appropriate limits on noise levels (70 to 90dB) and hours of operation (no later than 11:00 p.m.) to ensure that such activities do not crate disturbing nighttime impacts on nearby residential areas. They also include a lower noise limit of 65 dB for live entertainment activities in 2 close proximity to lower-density, single-family neighborhoods – consistent with the exposure levels for occasional noise in Table N-1 of the Noise Element of the General Plan.

CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan or Zoning) provides that CEQA does not apply when a project is consistent with existing zoning, community plan, or general plan policies for which an Environmental Impact Report has been certified. The City of Milpitas adopted its current General Plan in March 2021, and the Noise Element states that noise is defined as “unwanted sound [that] is usually objectionable because it is disturbing or annoying.” The Noise Element further explains that “excessive noise may result in hearing loss, interference with normal activities such as sleep, speech communication, work, and recreation, or annoyance, which may impact quality of life.”
As stated in the Council Agenda Report for the pending zoning ordinance amendment, the purpose of the pending ordinance is “to allow outdoor music as an accessory use to restaurants and bars in most commercial and mixed-use zones throughout the city.” The Agenda Report further explains that “allowing these businesses to offer music for the entertainment of customers… will not only help support restaurants and bars but will support local musicians in Milpitas. In addition, [the pending zoning ordinance amendment] will promote an atmosphere of cultural vitality in the city.

Goal N-2 in the Noise Element of the General Plan states that the City will “provide vibrant mixed-use and transit-oriented activity centers, while protecting existing and future sensitive uses from excessive noise levels.” To accomplish this goal, Policy N 2-2 provides that “the City may elect to allow new noise-sensitive land uses within activity centers… that exceed the Land Use Compatibility Standards in Table N-1, and Stationary Noise Source Standards in Table N-2. Consistent with Goal N-2 and Policy N 2-2, Action N-2a, provides that: “Updates [to the Municipal Code] should include standards for common sources of nighttime noise to ensure activities occur during times to minimize nighttime noise impacts to surrounding neighborhoods.” The pending zoning ordinance amendment will provide such standards for outdoor music to minimize potential noise impacts.

With regard to the special circumstances associated with mixed-use land uses, the Notes section of Table N-2 (Stationary Noise Source Standards) specifically states that: “For mixed-use projects, the exterior noise level standard may be waived in conjunction with Policy N 2-2 (at the discretion of the decision-making body) if the residential portion of the project does not include a designated activity area and mitigation of property line noise is not practical.” As the decision-making body, the City Council is exercising its discretion to establish alternative noise-level standards by adopting the pending zoning ordinance amendment to allow outdoor music as an accessory to bars and restaurants in certain areas of the city.

For the reasons stated above, the City has determined that the pending zoning ordinance amendment is consistent with the City’s General Plan. As such, the City has determined that the amendment falls under both the Common Sense Exemption to CEQA and the exemption for Consistency with an Existing Community Plan.

Regards,
Ned Thomas, AICP
Planning Director

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Review the List of Agenda Item Requests From Individual Councilmembers and Provide Direction to Staff, Through the Prioritization Process, on Groups 1 Items; Provide Additional Clarification to Staff, If Any, on Group 2 Items and Direct staff to return with a draft City Council Policy titled “City Council Request Prioritization Policy” formalizing the process (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3053; Walter C. Rossmann, Deputy City Manager, 408-586-3012)
Category: Leadership and Support Services
Meeting Date: 8/16/2022
Recommendation: (1) Review list of agenda item requests from individual Councilmembers and providedirection to staff, through the prioritization process, on which Group 1 items should be advanced; (2) Provide additional input to staff, if any, on Group 1 items that received Council direction to advance and all Group 2 items; and (3) Direct staff to return with a draft City Council Policy titled “City Council Request Prioritization Policy”.

Background:

At City Council meetings, under the Announcements section, Members of the Council request items they would like the full Council to consider. These items are placed on a list for a future Council discussion and action. On January 19, 2021, at a Special City Council meeting, in order to streamline the process, Council provided direction to staff to bring forward individual Council agenda item requests to Council, for prioritization, on a quarterly basis.

The last prioritization was held on May 3, 2022. Since the beginning of this process, Council has reviewed 235 items. Links to prior prioritization reports and minutes are included under Attachments.

Analysis:

Staff is now bringing forward the next quarterly prioritization of items that were requested by Council between March 15, 2022 and June 21, 2022, including the status on items approved previously by Council.

As shown in Attachment 1, a total of 57 items, some of which were discussed during the prior prioritization discussion, have been grouped into four categories differentiated by level of effort and status of the agenda request as outlined below:

Group 1 – Items that have not been initiated; will require more than four hours of staff time; and may require additional funding or resources (8 items).

Group 2 – Items that have not been initiated but will require less than 4 hours of staff work (3 items).

Group 3 – Items that are currently underway and/or already included in workplan (24 items).

Group 4 – Items that have been completed, postponed indefinitely, or withdrawn (22 items).

Prioritization Process
There are a total of 14 new items since May 2022. Of these 14 items, 4 items are in Group 1, 3 items are in Group 2, 3 items are in Group 3, and 4 items are in Group 4. 455
Item # 17.

Similar to the prior prioritization process, the new Group 1 agenda item requests are identified in Attachment 2. Since many of these requests have not yet been discussed in detail, staff has made an attempt to note alignment with Council priority areas to the extent possible. As part of Attachment 2, staff provided a write-up which includes the lead and supporting departments, estimated resources and cost to complete the work, description of work effort, any actions taken to date, clarification or direction sought from Council, and other additional considerations including impacts on other workplan items. To the extent possible, staff sought clarification from members of the Council sponsoring the request; however, some items may still need additional clarification from the requesting Councilmembers. To facilitate Council prioritization, Group 1 items have been further categorized into three sub-groups: Ordinances and Policies, Projects and Programs, and Miscellaneous.

For six Group 1 items, the total annual costs are estimated between $0.8 and $2.7 million requiring between 180 to 2,080 staff hours. For two Group 1 items, staff was not able to estimate the cost and staff hours mostly due to gaps in information. Based on Council direction, staff will bring back items that require new funding for funding discussion at the FY 2023-2024 Preliminary Budget Study Session scheduled for January 2023 or the 2024-2028 Proposed Capital Improvement Program Study Session scheduled for February 2023.

Since Group 2 items (see Attachment 1) require less than four hours of staff time, these can be advanced without requiring a majority vote; however, Council may wish to provide additional input or direction on these items. For Items 3, which are underway and/or already included in staff workplans, staff provided an update in Attachment 1. The status of Items completed, postponed indefinitely or withdrawn prior to June 21, 2022, are presented as a separate attachment (Attachment 3).

Voting Process
Consistent with past prioritization process sessions and the number of Group 1 items, staff proposes that the Council prioritize no more than 4 items.

Round 1
Each member of the Council will be asked to prioritize their top four items from Group 1. Councilmembers will be provided hard copies to help them review and complete the preliminary prioritization and electronic voting will be conducted on mobile devices.

All items receiving three or more votes will move forward. If the number of items receiving three or more votes is four or greater, the prioritization process will be deemed complete. If the number of items is less than four, the remaining items will be prioritized as described in Round 2.

Round 2
In case items receiving three or more votes are less than four in number, Councilmembers will be asked to prioritize the remaining items so as to develop a top four list. Each member of the Council will be given the number of votes equivalent to four minus the number of items prioritized for staff work at the completion of Round 1. For example, if after Round 1, the Council agreed on advancing two items, two additional items will require prioritization. Therefore, each Member of the Council will be asked to vote on two items. All items receiving three or more votes will be added to the prioritized list. If the total number of items on the list is four or greater, the prioritization process will be deemed complete.

Additional Rounds, if needed
If the total number of prioritized items after Round 2 is less than four, all remaining items which received at least one vote will be prioritized through additional rounds of voting. Items which receive zero votes in a round will be eliminated from the subsequent round of voting.

Please note that any items that do not advance through this multi-step prioritization process will be removed from the active list and would have to be resubmitted through Announcements for the next prioritization discussion scheduled for December 2022.
456
Item # 17.

Next Steps and Council Policy
Based on Council feedback so far regarding the existing prioritization process, staff recommends bringing forward during the next few months a draft Council Policy titled “City Council Request Prioritization Policy” to document the process for Council consideration.

Based on Council direction, staff will bring back any Group 1 items that will require additional funding and/or resources as part of the development of the FY 2023-2024 budget for further Council discussion. The next prioritization session will be scheduled for December 2022.

Policy Alternative:

Not applicable
Fiscal Impact:

California Environmental Quality Act:

This item is not a Project under CEQA in accordance with CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) as it can be seen with certainty that a general discussion of funding priorities by the City Council will not have a significant effect on the environment. Further, the item is also not a Project pursuant toCEQA Guidelines Section 15378(b)(4) as it is a government fiscal activity that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. Although the use of funding will be discussed for various potential projects, any project scope and potential environmental analysis would be speculative to analyze at this time and future environmental analysis will be conducted for the various potential projects prior to the City making any commitment or approval of any project.

Recommendation:

1. Review list of agenda item requests from individual Councilmembers and providedirection to staff, through the prioritization process, on which Group 1 items should be advanced.

2. Provide additional input to staff, if any, on Group 1 items that received Council direction to advance and all Group 2 items.

3. Direct staff to return with a draft City Council Policy titled “City Council Request Prioritization Policy”.

Attachments:

1. List of Councilmember Agenda Item Requests

2. Information on Group 1 items

3. List of Completed, Postponed Indefinitely, or Withdrawn Items

4. Links to Prior Prioritization Reports and Minutes
a. March 16, 2021 Agenda and Minutes
b. August 9, 2021 Agenda and Minutes
c. January 11, 2022 Agenda and Minutes
d. May 3, 2022 Agenda and Minutes
457
Item # 17.

ATTACHMENT 1

COUNCIL PRIORITY AREAS LIST
Community Wellness and Open Space Continue to provide parks and amenities for people of all ages and abilities to enjoy higher levels of physical and mental health.

Economic Development and Job
Growth
Continue to strengthen our economic foundations that support community prosperity and opportunity while ensuring a sustainable and livable city.

Environment Promote a sustainable community and protect the natural environment.

Governance and Administration Continue to streamline processes for enhanced service and remain committed to long-term fiscal discipline and financial stewardship.

Neighborhoods and Housing Continue to explore innovative approaches to incentivize affordable housing projects, collaborate with key stakeholders to care for our most vulnerable populations, and support and engage neighborhoods through dedicated programs and services.

Public Safety Continue to invest in police and fire protection, in partnership with our community.

Transportation and Transit Continue to seek and develop collaborative solutions to meet the transportation challenges facing our community and our region.
458
Item # 17.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
AUGUST 16, 2022
No. Topic
Requested
By
Date
Requested Department / Office
Council Priority
Area(s) Status
Additional Resources/Funding
Needed or Deferral of Council
Approved Programs
1 Consider policies to regulate automated equipment that would reduce jobs. Phan 4/19/2022
Planning, City
Attorney, Economic
Development
Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources
Needed; Deferral of other
programs and project required.
2 Explore an ordinance or policy to reduce thefts and
increase security in the commercial retail parking areas Chua 4/5/2022 Police, Economic
Development
Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources and
Funding Needed
3 Explore the policy for locking mechanisms on shopping carts for large commercial businesses Tran 4/19/2022
Bldg. Safety &
Housing, Planning,
Economic
Development
Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources and
Funding Needed
4 Apply for the "Better Cities for Pets" Certification Tran 6/21/2022 Recreation Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources
Needed; Deferral of other
programs and project required.
5 Explore the use of roundabouts as a traffic calming
mechanism Dominguez 4/19/2022 Engineering, Planning
Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources and
Funding Needed
6 Prepare Vision Zero Action Plan Tran 6/7/2022 Engineering, Police Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources and
Funding Needed
7 Establish a fund for real estate acquisitions Montano 6/7/2022 Economic
Development,
Finance
Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources
Needed
8 Memorial Plaque in honor of youth skateboarder that
passed away Montano 6/7/2022
Recreation, Public
Works
Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources and
Funding Needed
Group 1 – Items that have not been initiated; will require more than four hours of staff time; and may require additional funding or resources.

Ordinances and Policies
Projects and Programs
Miscellaneous
459
Item # 17.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
AUGUST 16, 2022
No. Topic
Requested
By
Date
Requested Department / Office
Council Priority
Area(s) Status
Additional Resources/Funding
Needed or Deferral of Council
Approved Programs
9 Prepare a report on ghost guns; engage in legislative advocacy regarding ghost guns; and incentivize ghost
gun buybacks at the May buyback event.

Dominguez
Tran 4/5/2022 Police
An Information Memorandum was distributed on August
12, 2022.
10 Present Quarterly or Monthly crime statistics on the Homekey Project Chua 6/7/2022 Housing
Presentation is scheduled for the August 16 City Council Meeting as part of the Project Homekey item.

Staff provide and explain the Project Homekey
Management Manual, see if the MOU is being followed
including forming an oversight committee, and explore
with County to have check-ins of the units. Dominguez
indicated it could be included in Council Member Chua's recommendation. Mayor requested to include County in
discussion. Dominguez 6/7/2022 Housing Item will be agendized for August 16 City Council meeting 11 Waive fees for family fundraiser at Milpitas Skate Park Dominguez 6/14/2022 Recreation Staff reached out to the resident multiple times. The
resident has not submitted any rental or fee waiver
application.

Group 2 – items that have not been initiated but will require less than 4 hours of staff time 460
Item # 17.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
AUGUST 16, 2022
No. Topic
Requested
By
Date
Requested Department / Office
Council Priority
Area(s) Status
Additional Resources/Funding
Needed or Deferral of Council
Approved Programs
12 Amendment to the existing ordinance for third-party
food delivery vendor services to prohibit regulatory
response fees Phan 2/16/2021
Economic
Development;
Finance
Agendized for discussion on 3/16/2021, deferred to
4/06/2021; CC direction for City Attorney to prepare a
report.
13 Consider change in term limits for Mayor +
Councilmembers Montano 6/16/2020
City Attorney, City
Manager
8/4/2020: Voted 3 -2 to pursue; 2/02/2021 to agendize for a future meeting; 3/16/2021 voted 3-1-1 to move
forward. Scheduled for 3/15/2022; rescheduled for
4/05/2022; 4/05/2022 could gave direction to move
forward with Councilmember term limits and discuss the
Mayoral seat at a later date; Discussed at the 5/10/2022 budget meeting and had a consensus not want to move
foward with a ballot measure for the Mayor term limit;
Councilmember term limits scheduled for June 7;
Scheduled for June 21 meeting
14 Create a plan for future solar paneling at City facilities Montano 3/1/2022 Public Works Discussed at Spring Quarterly City Council Workplan Items Prioritization Discussion; Approved to move forward at
the 5/03/2022 meeting; Discussed at the May 10 budget
meeting and approved funding of $25,000 in the 2022-23
budget
15 Establish State historical designation for the Sunnyhills community Tran 6/7/2022
Recreation, City
Manager
Request will be included with the Historic Resources
Master Plan project approved as part of the 2023-2027
Capital Improvement Program.
16 Evaluate reopening the childcare center with a nonprofit organization running the center Montano 2/1/2022City Manager, Recreation
Approved during Spring Quarterly City Council Workplan
Items Prioritization Discussionon 5/03/2022.
17 Explore a lease for the vacant land adjacent to the
Library for City use Tran 1/18/2022
City Manager,
Economic
Development, City
Attorney
Discussed at Spring Quarterly City Council Workplan Items Prioritization Discussion; Approved to move forward at
the 5/03/2022 meeting;
18 Have a picture of Albert Vogel Sr. put up in the Senior Center Montano 10/19/2021 Recreation
Approved to move forward at the 1/11/2022 Council
meeting; Staff engaged the artist of the existing mural regarding this Council approved item.
19 Include a bust of Maria Lemire on the Mural in front of the Senior Center Montano 8/17/2021 Recreation
Approved to move forward at the 1/11/2022 Council
meeting; Staff engaged the artist of the existing mural regarding this Council approved item.
20 Local Boy Scouts Fee Waiver for Eagle Scout Ceremony Tran 6/7/2022 Recreation Staff received the fee waiver application on August 11, 2022. Staff will agendize a fee waiver request for Council consideration for the first meeting in September.

Group 3 – items that are currently underway and/or already included in workplan 461
Item # 17.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
AUGUST 16, 2022
No. Topic
Requested
By
Date
Requested Department / Office
Council Priority
Area(s) Status
Additional Resources/Funding
Needed or Deferral of Council
Approved Programs
21 Look into bringing back a roller rink Montano 8/5/2021 Recreation Approved to move forward at the 1/11/2022 Council
meeting. Funding for the program will need to be
prioritized through the FY 22-23 budget process;
Discussed at 5/10/2022 budget meeting and approved
$100,000 funding for a two-day event in 2023
22 Look into opening up the Senior Center on Saturdays for half a day Chua 8/5/2021 Recreation
As presented by staff on 1/11/2022, this pilot is scheduled for completion in fall 2022. In preparation for the pilot, staff will issue a survey to seniors asking for the types of services they are seeking; hire staff based on the
feedback; and start the three-month pilot in September
2022 until mid November 2022.
23 Partner with the Rotary Club of Silicon Andhra to
promote the stem cell donor outreach with a webinar
and campaign to help increase the number of donors Chua 8/17/2021 Recreation Staff will include the stem cell donor information in
regularly scheduled wellness event
24 Request for Crossing Guards at McCandless and
Montague Expressway and review wages for Crossing
Guards Montano 4/5/2022 Public Safety
Per the Information Memorandum issued on June 13, the
City will perform school aged pedestrian counts around
schools in the City including the McCandless and
Montague Expressway intersection at the beginning of
the 2022-23 school year and report the findings to the
Transportation Subcommittee late fall.
25 Request for the City to make the temporary third-party food deliver fee caps permanent and add additional
provisions for enforcement Phan 11/16/2021
Economic
Development,
Finance, City
Attorney
Discussed at Spring Quarterly City Council Workplan Items Prioritization Discussion; Approved to move forward at
the 5/03/2022 meeting
26 Requested an appropriation in an amount not to exceed $250,000 to procure a contract to address the
streetlights that are pending fieldwork. Tran 2/1/2022 Public Works At this time, staff has sufficient Council approved
resources to address the remaining streetlight outages; however, will bring relevant actions for Council
consideration, if needed.
27 Requested that staff study the placement of a City sign for the Milpitas Police Department and explore the cost of a new sign Dominguez 1/18/2022 Public Works, Police
Staff has been working on upgrading signage and
landscaping around the Police Department and Public
Works Building. Lit-up signs mounted on the building are scheduled to be installed by the end of August.
28 Requested that the City have mini-libraries in the lowincome areas of the City. Montano 4/20/2021 Planning 8/09/2021 Council voted 3-1-1 to move this item forward, staff to follow up with Vice Mayor Montano on specific
vision. Staff met with the Vice Mayor. The City will
continue to facilitate libraries as needed but will not take a lead role in funding or operating them.
29 Requested the City Attorney’s office explore
encampment ordinances form the City of Oakland, Los
Angeles, or other regional cities and would like a
discussion on the existing policies to be brought back
before the July recess. Tran 2/15/2022 City Attorney
4/19/2022 direct the City Attorney to make the
recommended changes to the Municipal Code to remove
and prohibit property in public; the City Attorney will bring forward an ordinance in September 2022.
462
Item # 17.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
AUGUST 16, 2022
No. Topic
Requested
By
Date
Requested Department / Office
Council Priority
Area(s) Status
Additional Resources/Funding
Needed or Deferral of Council
Approved Programs
30 Requested the City create a youth scholarship fund for under privileged kids to
play sports Montano 5/17/2022 Recreation
As part of the adoption of the FY 2022-23 Budget, the City Council allocated $20,000 for this program. Staff will bring forward a policy framework for this program for Council approval in September 2022.
31 Requested the City extend the outdoor dining options through March of next year Phan 9/21/2021 Planning
Emergency Outdoor Dining program extended. Draft
zoning ordinane with standards for permanent outdoor
dining prepared and now under review. Planning expects
bring forward draft ordinance for PC and Council
consideration before the end of 2022.
32 Review City policy on speed bumps Tran 12/15/2020 Engineering Presented to Transportation Subcommittee on
02/12/2021; voted on 3/16/2021 to revisit this item; on April 8, 2022 the Transportation Subcommittee provided
input on a draft policy, which is scheduled to be reviewed by the Subcommittee at its September 2022 meeting.
33 Staff to create a plan on how to increase the number of local businesses doing business with the City Chua 4/6/2021 Economic
Development
At 8/9/2021 Council meeting, Council voted that this item may have to come back for additional discussion because there may be some legal considerations. City Attorney to weigh in.
34 Staff to look into mural Art on Great Mall Parkway on the VTA owned Light rail pillars Montano 11/16/2021
Recreation, Public
Works
Discussed at Spring Quarterly City Council Workplan Items Prioritization Discussion; Approved at the 5/03/2022
meeting; discussed funding at the 5/10/2022 budget
meeting and approved $100,000 of funding for only one
site
35 Staff to provide information on a landmark policy for the City of Milpitas Tran 3/16/2021 Engineering
8/09/2021 Council voted 5-0 to move this item forward;
this item will be included for funding consideration in the development of the FY 2023-27 CIP for assessment of
historical and cultural resources and development of
landmark policy; The funding for the assessment of
historical and cultural resources and development of a
landmark policy will be included in the 2023-2027 Capital Improvement Program scheduled for adoption on May 3,
2022. This project will be scheduled to begin in FY 2022-

23. Item was brought to Council
during the the 2023-27 5-Year
CIP adoption process, however
Council determined not to fund
or advance this task.
463
Item # 17.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
AUGUST 16, 2022
No. Topic
Requested
By
Date
Requested Department / Office
Council Priority
Area(s) Status
Additional Resources/Funding
Needed or Deferral of Council
Approved Programs
36 Agendize a Flag Raising for India Independence Day Tran 6/14/2022 Recreation Item added to 6/21/2022 Consent Calendar 37 Agendize an update to the Lobbyist Ordinance for the next meeting Chua 3/1/2022 City Attorney
Discussed at 3/15 City Council Meeting; At the 3/15/2022 Council Meeting, City Attorney was directed to bring back a proposed ordinance amendment for further discussion;
Council approved the ordinance on 6/7/2022
38 Bring back a conversation in the budget meeting to fund “walking beats” in the commercial and high crime areas Dominguez 4/5/2022 Police At the 4/5/2022 City Council meeting, this item was
discussed and there was direction from Councilmember
Dominguez to work with the City Manager to find funding sources
39 City to highlight mental health resources on the website Dominguez 8/17/2021 Recreation Staff will issue an email this week (week of 7/25) 40 Consider expanding the Fee Waiver Policy eligibility to non-profit organizations outside of Milpitas but the
events are specific to Milpitas residents Chua 3/15/2022 Recreation Council approved the policy revision at the June 21 2022 City Council meeting.
41 Consider funding to implement and create a
homelessness encampment response team to be
dispatched to encampment sites to address concerns,
talked about creating a position to provide mental health assistance, and would like this to be brought back for
discussion at the budget meeting Dominguez 3/15/2022
City Manager, Public
Safety, Recreation,
Public Works
Direction from Council to bring forward as part of FY 22- 23 budget discussion; at the May 10 Budget Study Session Council did not direct to do any further work on this item. 42 Designate the California Oak Tree as the City’s official heritage tree Montano 2/1/2022 Recreation Council approved at the 6/7/2022 meeting. 43 Discussion in the next fiscal year, to have a sliding scale permitting program for seniors and low-income
residence for necessary safety renovations Tran 5/4/2021 Building Safety &
Housing, Planning
8/09/2021 Council voted 5-0 to move this item forward
and modify the existing Milpitas Assistance Program to
include seniors; MAP continues to be available for low
income seniors and sufficient funding was budgeted for
FY 2022-23.
44 Discussion to reduce the City’s Senior Center facilities deposit Montano 5/4/2021 Recreation, Finance

the development of the FY 2022-23 Master Fee Schedule;
Council approved the item on 4/19 as part of the
45 Explore increasing the
Conferences/Meetings/Memberships allowance for each
Councilmember to $10,000 Chua 5/17/2022 City Manager
On 6/07/22, City Council did not approve increasing the allowance as part of the adoption of the FY 2022-23
Budget; however, Council provided direction to review
funding need as part of the FY 2022-23 mid-year budget
review.
46 Fee waiver for the Filipino American South Bay
Community to hold pop-up resource fair at a City Park Dominguez 3/1/2022 Recreation Staff engaged organizers of the event; event was held on June 19; organizers did not request a fee waiver.
47 Letter from City Council opposing AB 2181 (Berman)
regarding VTA's Board Composition Tran 6/7/2022 City Manager Per the email sent to Council on 6/17/2022, consistent
with the Council approved Legislative Advocacy Policy,
Mayor Tran signed a letter opposing the legislation unless amended.

Group 4 – items that have been completed, postponed indefinitely, or withdrawn 464
Item # 17.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
AUGUST 16, 2022
No. Topic
Requested
By
Date
Requested Department / Office
Council Priority
Area(s) Status
Additional Resources/Funding
Needed or Deferral of Council
Approved Programs
48 Look into allowing outdoor music and would like the
ordinance brought back to Council. Montano 8/5/2021 Planning Second reading of draft Zoning Ordinance Text
Amendment scheduled for 08/16/2022
49 Look into how the City can be a resource for small
businesses to help guide them on what to do in terms of ADA (Americans with Disabilities Act) requirements due
to the quick changes made to facilities during the
pandemic Chua 8/5/2021
Economic
Development
SVEDA/SV Joint Venture hosted the “SV Small Businesses
& ADA Compliance” webinar on 11/3/21. Several Milpitas
business reps, & staff from Econ. Dev. & Building
participated. Staff met with reps from CA Comm. on
Disability Access to discuss business education &
outreach.
50 Ordinance to ban vaping in the City Montano 12/15/2020 Planning Study session with Council held 6/21/2022. Tobacco Retail Permitting program, including ban on vaping products
and flavored tobacco, will be brought forward in Spring 2023
51 Requested an agenda item on November 2 Council
meeting allowing the Council to rescind direction given to 1355 California Circle and include direction to allow the project application to move forward without being
tied to a specific plan Chua 10/19/2021 Planning
At the 1/18/2022 council meeting, Council voted 4-1 to
rescind the direction and direct staff and the application to explore option one in the presentation to amend the
General Plan and remove Council policy for the
preparation of a Specific Plan
52 Requested staff work with the Vice Mayor and Mayor to explore and discuss building height limits near the
hillside by January 2022 Tran 9/21/2021 Planning
Second reading of draft Zoning Ordinance scheduled for
08/16/2022
53 Science, Technology, and Innovation Commission
agendize and explore a comprehensive internet
connectivity plan. Tran 5/3/2022
Information
Technology Item was discussed at June STI Commission meeting 54 Staff to look into creating “Welcome to Milpitas” signs in key areas of in the City Montano 4/6/2021
8/09/2021 Council voted 5-0 to move this item forward
and Council provided direction that the signs should align with the efforts currently underway with the Metro Plan and Main Street Gateway Specific Plan process and work
with private development. Staff was directed to work with Vice Mayor on additional clarification. In November, Vice Mayor Montano noted a preference for a location on
South Main Street. This project will be added to unfunded project list of the 2023-2027 CIP to allow time for staff to research potential grant funding and outreach to local
business and service clubs.
55 Staff to look into creating a rose garden with a children’s memorial site Montano 4/6/2021
Engineering,
Recreation
8/09/2021 Council voted 4-1 to discuss details with Vice Mayor Montano and refer this item as part of the
development of the 2023-2027 CIP; The funding for this
project will be included in the 2023-2027 Capital
Improvement Program scheduled for adoption on May 3,
2022. Discussed at the May 3 meeting funding was
reallocated to the Softball Field project
The Rose Garden item was
added to the 2023-27 Capital
Improvement Program as an
unfunded project per Council
Direction. Per Department 5-year
workplan shared with Council,
this project would start in FY24 if
funded and if staff vacancies are
filled.
465
Item # 17.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
AUGUST 16, 2022
No. Topic
Requested
By
Date
Requested Department / Office
Council Priority
Area(s) Status
Additional Resources/Funding
Needed or Deferral of Council
Approved Programs
56 Staff to provide information to place a measure on the ballot to change the directly elected Mayor to a
rotational at-large position Tran 3/16/2021 City Attorney To be brought forward in Spring of 2022, once new City
Attorney is in place; scheduled for 3/15/2022;
rescheduled for 4/05/2022; discussed at the May 10
budget meeting and had a consensus that they did not
want to move forward with a Mayoral ballot measure
57 Work with the school district to have a contest to create art murals for the pillars on Main Street Montano 9/7/2021 Recreation Approved to move forward at the 1/11/2022 Council
meeting; funding allocated to Great Mall Pkwy. VTA pillar murals
466
Item # 17.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
AUGUST 16, 2022
No. Topic
Requested
By
Date
Requested Department / Office
Council Priority
Area(s) Status
Additional Resources/Funding
Needed or Deferral of Council
Approved Programs
1 Consider policies to regulate automated equipment that would reduce jobs. Phan 4/19/2022
Planning, City
Attorney, Economic
Development
Additional Staff Resources
Needed; Deferral of other
programs and project required.
2 Explore an ordinance or policy to reduce thefts and
increase security in the commercial retail parking areas Chua 4/5/2022 Police, Economic
Development
Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources and
Funding Needed
3 Explore the policy for locking mechanisms on shopping carts for large commercial businesses Tran 4/19/2022
Bldg. Safety &
Housing, Planning,
Economic
Development
Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources and
Funding Needed
4 Apply for the "Better Cities for Pets" Certification Tran 6/21/2022 Recreation Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources
Needed; Deferral of other
programs and project required.
5 Explore the use of roundabouts as a traffic calming
mechanism Dominguez 4/19/2022 Engineering, Planning
Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources and
Funding Needed
6 Prepare Vision Zero Action Plan Tran 6/7/2022 Engineering, Police Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources and
Funding Needed
7 Establish a fund for real estate acquisitions Montano 6/7/2022 Economic
Development,
Finance
Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources
Needed
8 Memorial Plaque in honor of youth skateboarder that
passed away Montano 6/7/2022
Recreation, Public
Works
Item will be brought forward as part of the next City
Council additional workplan items prioritization in
August/September
Additional Staff Resources and
Funding Needed
Group 1 – Items that have not been initiated; will require more than four hours of staff time; and may require additional funding or resources.

Ordinances and Policies
Projects and Programs
Miscellaneous
ATTACHMENT 2
467
Item # 17.

City Council Referral
(requires more than 4 hours of staff time)
Category and Topic No. Topic: Requested by:

ORDINANCES AND POLICIES
CC01
Consider policies to regulate automated
equipment that would reduce jobs.

Councilmember Phan
Lead Department/Office Supporting Department(s)/Office(s) Planning City Attorney’s Office, Economic Development
Council Priority Areas Estimated Completion Date Estimated Cost Economic Development & Job
Growth
December 2023 TBD
Funding Needed
TBD
Description of Required Work Effort
Staff would need to research this issue to understand the types of policies and programs being used by other local jurisdictions to address the perceived problem of automation/robots replacing people in jobs. Staff could prepare policy alternatives for Council consideration. Examples of programs set up to address automation include universal basic income, negative income tax, a government jobs guarantee, broadening the social safety net, or a so-called robot tax. Staff would need to explore the pros and cons of each program and determine which would be feasible and effective for Milpitas. A “robot tax” might be implementable at the local level, pending legal review, but could hamper efforts to attract high-tech jobs. There would be staff costs to set up and administer any new program, and there would be considerable costs associated with programs like universal basic income, government jobs guarantee, and expanding the social safety net. A “robot tax” would be more aligned with regulating automation; otherwise, any tax requires voter approval.

Status Update as of July 2022
Due to staff workload on other Council directed projects and programs, no work has been initiated on this task. If directed to proceed, staff anticipates it could start the work in FY23/24.

Council Clarification/Further Direction Requested
Does the Council have specific programs in mind to address this issue, or is this a request to develop a policy opposing the replacement of humans with automation/robots? Other Considerations
The scope and cost of this issue may be beyond the capacity of local government. A “robot tax” could generate revenue to offset the cost of regulation of automation but hamper the City’s efforts to attract high-tech companies. Could this be more effective through a regional effort? 468
Item # 17.

City Council Referral
(requires more than 4 hours of staff time)
Category and Topic No. Topic: Requested by:

ORDINANCES AND POLICIES
CC02
Explore an ordinance or policy to reduce
thefts and increase security in the
commercial retail parking areas
Councilmember Chua
Lead Department/Office Supporting Department(s)/Office(s) Police Department Economic Development
Council Priority Areas Estimated Completion Date Estimated Cost Public Safety and
Neighborhoods & Housing

October 2022 $4,000 to $6,000
Funding Needed
$0
Description of Required Work Effort
The Milpitas Police Department utilizes COMPSTAT (Computer Comparison Statistics) to better understand crime trends in the City and to adequately deploy resources to address issues. COMPSTAT data includes information on types of crimes, victims, times of day crimes took place and other details that allow the Police Department to identify emerging crime patterns. COMPSTAT data can be overlayed on a map to visualize crime “hotspots.”
The Police Department currently engages with business owners and respective employees in various ways including patrol officers and supervisors, specialized units, crime presentations, and community events. Officers frequently patrol shopping centers in their vehicles, on foot or on bicycle, when appropriate. Plain clothes detectives supplement uniform patrol officers in shopping centers that have emerging crime trends. Officers frequently engage the people they meet and share safety tips.

Detectives and officers assigned to the Police and Community Relations Division (PCR) share safety related information during criminal investigations and conduct training for businesses, when requested, and will continue the past tradition of making its annual presentation to the Milpitas Chamber. The Police Department also shares information via printed media, public service announcements, and through social media.

In addition to the ongoing efforts described above, the Police Department is continuously evaluating new ways to enhance community safety. The Department is continuing to research technology solutions that would allow immediate two-way communication with business owners either individually or as a group. The ability to share near real-time crime data within the business community would enhance the Police Departments response to crime and allow business owners to be cognizant of crime issues occurring at other businesses. An immediate notification would allow the business community to be alert; helping to deter additional crimes. Currently, this is accomplished through in-person peer-to-peer contact which results in delayed information sharing. Additionally, crime prevention data can be shared instantly with the business community. 469
Item # 17.

City Council Referral
(requires more than 4 hours of staff time)
The Police Department recently evaluated Autonomous Security Robots (ARS) as an option to supplement patrol efforts in commercial areas. Conceptually an ARS could provide real-time data to dispatchers and officers could be dispatched to investigate further. An ARS program is cost prohibitive and not recommended at this time.

To promote public safety in commercial retail parking areas, deter crime, and aide the Milpitas Police Department in responding to crime, the City could require all future commercial retail parking areas to install surveillance cameras in parking areas through the Conditional Use Permitting process. The City could also require that existing commercial retail parking areas be required to install surveillance cameras when site enhancements allow for modifications to existing Conditional Use Permits. This effort would require approximately 30 to 40 hours of staff time to explore whether other agencies in the Bay Area have required the installation of surveillance cameras and the measurable success of any such programs. Then, staff would return to Council with its initial assessment including an initial legal review for further direction.

Status Update as of July 2022
Council Clarification/Further Direction Requested
Other Considerations
470
Item # 17.

City Council Referral
(requires more than 4 hours of staff time)
Category and Topic No. Topic: Requested by:

ORDINANCES AND POLICIES
CC03
Explore the policy for locking mechanisms
on shopping carts for large commercial
businesses
Mayor Tran
Lead Department/Office Supporting Department(s)/Office(s) Building Safety & Housing Planning and Economic Development Council Priority Areas Estimated Completion Date Estimated Cost Neighborhoods & Housing and
Economic Development & Job
Growth
1 st Quarter of 2023 $5,000
Funding Needed
No additional funding
needed.

Description of Required Work Effort
Title V, Chapter 13 of the City’s Municipal Code titled “Shopping Cart Removal, Impoundment and Disposal” finds that abandoned shopping carts constitute a nuisance, create potential hazards to the health and safety of the public, and interfere with pedestrian and vehicular traffic within the City of Milpitas. The intent of this Chapter is to ensure that measures are taken by store owners to prevent the removal of shopping carts from store premises and parking lots and to facilitate the retrieval of abandoned carts as permitted by State law.

Paragraph V-13-140(c) requires that specific measures shall be implemented to prevent cart removal from the business premises such as disabling devices on all carts, security guards, security deposits for use of all carts, or the rental or sale of carts that can be temporarily or permanently used for transport of purchases. However, business premises are exempt from these measures if an owner enters into a contract with a shopping cart retrieval service.

In response to this referral, staff would research other jurisdiction’s locking / disabling device policies and ordinances and conduct research for various types of locking devices currently on the market.

After legal review, as necessary, staff would bring back its findings to the City Council for further direction.

It is expected that this effort will require about 40 hours of staff estimated to cost $5,000.

Status Update as of July 2022
No action taken
Council Clarification/Further Direction Requested
471
Item # 17.

City Council Referral
(requires more than 4 hours of staff time)
Other Considerations
Explore methods of impoundment and disposal of abandoned carts such as use of a Redemption Fee.

This fee would be established by Council resolution and include actual cost of storage of any cart or parts thereof, plus the proportional share of administrative costs in connection therewith. After 30 days if not retrieved, the City can dispose of the carts. Even if the carts remain unclaimed, or are disposed of, the City reserves the right to collect the redemption fee from the cart owner. Mountain View uses this as motivation for owners to provide whatever deterrent necessary to keep their carts on site.
472
Item # 17.

City Council Referral
(requires more than 4 hours of staff time)
Category and Topic No. Topic: Requested by:

PROJECTS AND PROGRAMS
CC04
City Staff to apply for “Better Cities for
Pets” Certification
Mayor Tran
Lead Department/Office Supporting Department(s)/Office(s) Recreation Economic Development and Building Safety & Housing Council Priority Areas Estimated Completion Date Estimated Cost Community Wellness & Open
Space and Environment
March 2023 $3,500
Funding Needed
$0
Description of Required Work Effort
Staff will need to complete an initial assessment through the Better Cities for Pets website. The assessment covers area topics including animal shelters and programs in the city, pet friendly housing, pet friendly businesses and pet friendly open spaces. A fair amount of research into non-city operated assessment areas is required to complete the required initial assessment. Also, as part of the assessment a Top Pet-Related Priority Project needs to be identified whose goal is to increase petfriendliness in the city. This topic is estimated to take approximately 20 hours of staff time at an estimated total of $3,500, not including work on a future Top Pet-Related Priority Project, which according to the initial assessment packet could be launched and completed in a later Fiscal Year.

Status Update as of July 2022
Staff reviewed the Better Cities for Pets Assessment questions and Top Pet-Related Priority Project areas identified. Staff also reviewed the website for other cities in the Bay Area who have the Certification, with the only two cities listed as Oakland and Dublin.

Council Clarification/Further Direction Requested
Other Considerations
473
Item # 17.

City Council Referral
(requires more than 4 hours of staff time)
Category and Topic No. Topic: Requested by:

PROJECTS AND PROGRAMS
CC05
Explore the use of roundabouts as a traffic
calming mechanism
Councilmember Dominguez
Lead Department/Office Supporting Department(s)/Office(s) Engineering
Council Priority Areas Estimated Completion Date Estimated Cost Transportation & Transit TBD $830,000 to $1,850,000
Funding Needed
$830,000 to $1,850,000
Description of Required Work Effort
Roundabouts are an alternative to traffic signals and stop signs. A roundabout is an intersection where traffic travels around a central island in a counterclockwise direction. Vehicles entering or exiting the roundabout must yield to vehicles, bicyclists, and pedestrians. Roundabouts provide traffic calming, resulting in reduced speeds, and the median islands provide refuge for pedestrians, allowing them to cross one direction of traffic at a time.

Traffic roundabouts have larger footprints and require additional right-of-way (land) for installation beyond what is needed for traditional intersections with traffic signals and stop signs. Not all intersection locations may be suitable or feasible for roundabout installation due to topography and the ability to acquire the additional land area required. Intersections with highly unbalanced traffic flows (very high traffic volume on the main street and very light traffic on the side street) may not be an ideal candidate for a roundabout. The same is true for isolated intersections in a network of traffic signals.

Other disadvantages of a roundabout include driver uncertainty about yielding, too many merge points, and drivers may tend to ‘cut’ the roundabout by turning left instead of following the counterclockwise direction of travel which creates a new unintended hazard.

If the City Council is interested in exploring roundabouts, staff would identify a pilot intersection and include this referral for funding in the 2024-2028 Proposed Capital Improvement Program. The funding for a pilot intersection would be for design services, purchase of additional right-of-way from property owners adjacent to the intersection, if applicable, and for construction. The initial effort to identify a feasible intersection for a roundabout as a pilot project is estimated at $300,000 for consulting design services. Staff administration costs are estimated to be between $30,000 to $50,000 for this project, and 150-250 hours of time. Once a suitable intersection is determined, there will be costs associated with the purchase of land for the roundabout and construction costs for installation. Land and construction costs are roughly estimated to be between $500,000 to $1,500,000. 474
Item # 17.

City Council Referral
(requires more than 4 hours of staff time)
If the City Council approves this referral, staff recommends bringing the referral back for Council consideration as part of the development of the 2024-2028 Capital Improvement Program (CIP) for the 2024-2028 Proposed CIP Study Session.

Status Update as of July 2022
Council Clarification/Further Direction Requested
Other Considerations
The City previously tried a pilot roundabout project at select intersections without acquiring the additional right of way in the early 2000s. It was discovered these created additional traffic problems, driver confusion, and VTA buses could not negotiate the intersection requiring the program to be scrapped.
475
Item # 17.

City Council Referral
(requires more than 4 hours of staff time)
Category and Topic No. Topic: Requested by:

PROJECTS AND PROGRAMS
CC06
Prepare Vision Zero Action Plan Mayor Tran
Lead Department/Office Supporting Department(s)/Office(s) Engineering Police
Council Priority Areas Estimated Completion Date Estimated Cost Transportation & Transit and
Public Safety
FY 2025-26 $550,000 of one-time cost for
consultant services and the addition
of one FTE Engineering Position
estimated at $250,000*
Funding Needed
$550,000 of one-time cost for
consultant services and the addition
of one FTE Engineering Position
estimated at $250,000*
Description of Required Work Effort
Vision Zero is a sustained, systematic, and data-driven program with the purpose of eliminating traffic fatalities and serious injuries. Vision Zero is based on the concept of shared responsibility for roadway safety. The Vision Zero program (Program) has four key components: traffic safety improvement, enforcement of traffic laws, public outreach and traffic safety education, and ongoing monitoring and evaluation of traffic injury data for the purpose of prioritizing corrective actions.

Currently, the City’s Engineering and Police Departments provide traffic safety improvement and enforcement of traffic laws which are components of Vision Zero strategy, and this is accomplished with current staffing levels and budget. For example, Engineering is managing two Projects: Citywide Safety Assessment, Project No. 4293, and the Citywide Traffic Modeling Project No. 4297. These Projects identify traffic and congestion patterns as well as safety mitigation strategies. Recommended improvements from these Projects will be programmed into future Capital Improvement Programs (CIP).

The Police Department uses a three-prong approach towards traffic safety. This includes prevention, deterrence, and enforcement of traffic violations. Prevention programs include community education.

The Police Community Relations Unit provides traffic safety presentations to schools within the City upon request and has previously provided bicycle helmets to children to reduce critical injuries if an accident does occur. The Milpitas Police Department Traffic Safety Unit also provides education in addition to enforcement. Traffic safety messages are distributed to the community during presentations and through social media. Grant funding from the Office of Traffic Safety (OTS) is used to conduct traffic safety education presentations to youth and adult community members, to conduct 476
Item # 17.

City Council Referral
(requires more than 4 hours of staff time)
seatbelt and child safety seat enforcement, to crosswalk/pedestrian enforcement, to conduct traffic enforcement in areas of increased collisions, to conduct increased enforcement for speeding, red light and stop sign violations. The Milpitas Police Department refers to these measures generally as traffic safety education.

The Police Department deters the public from using unsafe driving practices by having a visible presence in the community and the deployment of radar trailer in areas particularly prone to bad driving habits and accidents.

Patrol Officers and Traffic Safety Officers conduct traffic enforcement as part of their daily duties. The Milpitas Police Department uses data analysis to identify areas with a high frequency of violations and accidents. Traffic Safety Officers are regularly deployed in these areas for directed enforcement. The Police Department also participates in Countywide Multi-Agency Traffic Enforcement events. During these events, Traffic Safety Officers within the region gather in a particular jurisdiction to conduct enforcement.

Vision Zero Plan Development and Implementation
The first step of the Program is to establish a Plan, as requested in this referral. However, staff assumes that the City Council’s intent is to also implement the Plan. In order to ensure continuity of developing and implementing the Plan, the Transportation & Traffic Section in Engineering would require the addition of one FTE. This position would establish the Vision Zero Task Force (Task Force), which would be crucial to provide input in the Plan development, and work with a Consultant to develop the Plan with input from internal and external stakeholders.

The Task Force would be comprised of several departments (Engineering, Public Works, Police), the Milpitas Unified School District (MUSD); local health providers; and other Milpitas Community stakeholders that would focus on the four key program components and develop solutions inclusive of community needs to eliminate serious traffic injuries and deaths.

After Council approval of the Plan, this position would coordinate and work with the Task Force, lead the citywide implementation of the programs outlined in the Plan working with internal and external stakeholders, and support Plan implementation including the required ongoing collection and evaluation traffic related data as well as ongoing public outreach and education activities. Further, once the Plan is approved by the Council, staffing needs in other departments would have to be evaluated.

Vision Zero Program Estimated Costs
The initial Project cost is estimated to be $550,000 for the consultant and City administration as determined through recent discussions with a consultant. Implementation of a Vision Zero Plan also requires funding for ongoing costs and $250,000 for the staff person assigned to guide the 477
Item # 17.

City Council Referral
(requires more than 4 hours of staff time)
development and implementation of the Plan Program. Additionally, once Council approves the Plan, staffing resources in other departments may have to be evaluated.

If the City Council approves this referral, staff recommends bringing the referral back for Council consideration as part of the development of the FY 2023-24 budget for the FY 2023-24 Preliminary Budget Study Session and the 2024-2028 Capital Improvement Program (CIP) for the 2024-2028 Proposed CIP Study Session.

Status Update as of July 2022
Not Started as current workload and staffing level within the Transportation and Traffic Engineering Section would not permit starting a Vision Zero effort at this time.

Council Clarification/Further Direction Requested
Other Considerations
A successful Vision Zero strategy is a time and resource-intensive program and is not a one-time effort.

The program involves the ongoing active monitoring and evaluation of traffic and accident-related data which would be provided to a new Vision Zero Task Force to develop policies, actions, and improvements supported by the community through outreach and education efforts. Currently, the Engineering Department does not have staffing levels that would permit a person to be committed to the development and implementation of a Vision Zero Plan. * Does not include costs for infrastructure improvements or staffing needs potentially identified in the Plan 478
Item # 17.

City Council Referral
(requires more than 4 hours of staff time)
Category and Topic No. Topic: Requested by:

MISCELLANEOUS
CC07
Establish a Strategic Property Acquisition
Revenue (SPAR) fund for Real Estate
Opportunities
Vice Mayor Montano
Lead Department/Office Supporting Department(s)/Office(s) Economic Development Finance
Council Priority Areas Estimated Completion Date Estimated Cost Economic Development & Job
Growth and Governance &
Administration

TBD TBD
Funding Needed
TBD
Description of Required Work Effort
Per the City Council adopted Economic Development Strategy (May 5, 2020), Strategy 32.1. states to “Identify Funding Options for Strategic Property Acquisition Revenue (SPAR) Fund, Develop, and Adopt SPAR Fund.” In addition, the City Council adopted the General Plan 2040 on March 9, 2021, and Action ED-2a affirms staff to “Establish a Strategic Property Acquisition Revenue (SPAR) fund to support land acquisition, development and long-term revenue opportunities.” The SPAR fund would enable the City of Milpitas to leverage ongoing revenues and strategically acquire and assemble land in the Gateway/Main Street Specific Plan and Milpitas Metro Specific Plan areas to achieve the City’s economic development goals, investment, and growth opportunities.

The SPAR Fund would be a unique account established by the City to specifically move on available real estate opportunities quickly.

The acquisition of properties in key locations within priority development areas will play a critical role in the early operation of the SPAR Fund for site assembly and public/private partnerships. The cost of acquisition for an acre of land in Milpitas ranges approximately from $4-$5 million. Seed funding for this fund could come from the City’s surplus revenues. For example, an annual budget allocation of $500,000 from surplus revenues over a period of 10 years, assuming ongoing appreciation of land values, would be needed to allow the City to purchase an acre of land in the future. Allocating $1 million annually, would fund the SPAR fund within 5 years.

Status Update as of July 2022
As part of the Gateway/Main Street Specific Plan, subconsultant BAE will explore SPAR fund opportunities within this program area. In addition, BAE will evaluate the portfolio of City-owned 479
Item # 17.

City Council Referral
(requires more than 4 hours of staff time)
properties and estimate revenue generation potential, any required initial investment, and timing of potential revenue. Using market data, as well as information from recently commissioned City appraisals, BAE will prepare a matrix that shows each property’s highest and best use, permitted uses, AB 1486 Surplus Public Lands Act applicability, property values, potential lease income, and disposition strategy options to generate one-time or ongoing revenue that can flow to the SPAR fund. Cost to operate the SPAR fund will be formulated through conferring with City staff. The result will be BAE preparing a draft and final technical memo with the data, analysis, and findings.

Council Clarification/Further Direction Requested
Since the City Council has already adopted the Economic Development Strategy and General Plan 2040, which calls for identifying funding options and establishing a SPAR fund, staff is seeking additional direction on the following:
 Should staff bring back a discussion during the budget process on the specifics of the amount, timing, and mechanism to establish and maintain a SPAR fund on an ongoing basis?  Should the SPAR fund be used to lead the development of opportunity areas through site assembly and public/private partnerships as well as ground leases for long-term revenue sources?
Other Considerations
Once established, the SPAR fund may be financed on an ongoing basis through General Fund surpluses.

Leasing real property serves several purposes: (1) preserve the value of an asset while having a tenant assume the costs of maintenance, (2) promote economic development, social goals, and other City objectives, and (3) generate revenue to the City through rent and a portion of possessory interest taxes.

One of the downside risks is that return on investment (ROI) may take a while given the estimated amount needed to purchase real property and increasing property values in Milpitas. 480
Item # 17.

City Council Referral
(requires more than 4 hours of staff time)
Category and Topic No. Topic: Requested by:

MISCELLANEOUS
CC08
Memorial Plaque in honor of youth
skateboarder that passed away
Vice Mayor Montano
Lead Department/Office Supporting Department(s)/Office(s) Recreation & Community
Services
Public Works
Council Priority Areas Estimated Completion Date Estimated Cost Community Wellness & Open
Space
June 2022 $10,000
Funding Needed
$4,000
Description of Required Work Effort
Staff will need to identify and reach out to the family on the youth skateboarder and permission to install a memorial plaque for their son. Once permission is obtained, staff would need to coordinate the best and safe location for a plaque, size and wording, contract for the pouring of a concrete base, order the plaque and have it installed. After the installation of a memorial plaque, an unveiling for the family and the public is typically planned. This effort includes further coordination with the family, marketing collateral creation, and outreach to the public. This item would require an estimated 30 hours of staff time of approximately $6,000, and estimated supplies and material costs of $4,000.

Status Update as of July 2022
Staff reached out to Skatepark contacts as to the possible identity of the youth skateboarder.

Information staff received was that the skater who passed away in October 2018 after a skating accident on Old Calaveras Rd. was 24 years of age. The family placed a memorial bench in his honor at the ranch (private property) at the accident site, following his passing.

Council Clarification/Further Direction Requested

Other Considerations
The Skatepark opened in October 2020 and has since held several successful Skate Events at the site.

An alternative to the installation of a memorial plaque would be dedicating a future skating event to the resident skater that passed away, where friends and family would work with staff to incorporate elements of the event that would celebrate the loved one. 481
Item # 17.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
AUGUST 16, 2022
No. Topic Requested By Date Requested
Requires more
than 4 hours of
additional staff
time Department/ Office Status
1 Add Green Bike Lanes Tran, Montano 9/17/2019 N/A Engineering Included in CIP 2 Adopt Resolution similar to County's re: xenophobia, discrimination Dominguez 4/21/2020 N/A CMO, CAO Added to the consent calendar and adopted Resolution on 5/5/2020 3 BMR Homes sub-lease option during COVID-19 Chua 1/19/2021 No CAO, Building &
Housing Info Memo sent on 4/26/2021
4 Bring back update report & discuss status of playing fields for girls' softball in Milpitas Dominguez 10/20/2020 N/A CMO, Recreation Discussed on 02/11/2021, amended JUA for Russell approved on 6/15/2021 5 Celebrate Mexican Independence Day annually on September 16 Montano 6/2/2020 N/A Recreation Approved on consent 8/18/2020 6 Community Theatre, perhaps with MUSD Nuñez, Phan 8/20/2019 N/A Recreation, CMO Discussed @ CIP Study Session on 4/14/2020; councilmembers asked outdoor amphitheater to be placed into the tail end of 5 year CIP 7 Community Workforce Agreement (PLA) Phan 2/18/2020 Yes

CMO, CAO,
Engineering
Council voted to remove this item from the list on 2/02/2021 per CM Phan's request
8 Consider adding state certification NEC for electrical work done in the City (safety) Dominguez 6/30/2020 N/A Building & Housing Not needed, staff is certified 9 Consider change in Commission structure, on term limits Tran 12/15/2020 N/A Recreation, CMO Completed on 1/19/2021 10 Consider Community Museum and Park on Main St. Phan 8/20/2019 N/A CMO To be considered as part of Specific Plan process 11 Consider naming "Milpitas Hills" Dominguez 10/20/2020 Yes Econ. Dev.

Deferred indefinitely on 2/02/2021; did not receive a majority vote from 2/02/2021 council meeting
12 Consider satellite consular offices (post Covid) Montano 6/2/2020 Yes CMO Deferred indefinitely per VM Montano's request on 2/02/2021 council meeting 13 Discuss a "safety first" or other event in lieu of National Night Out (per CAC) Phan 10/20/2020 Yes Building & Housing, Police Remove from the list per CM Phan's request on 2/02/2021 council meeting 14 Discuss budget reductions in next FY with input from residents, employees Nuñez 10/6/2020 N/A Finance, CMO On 10/20/2020, to 11/10, 11/17 15 Discuss having 4th of July parade Nuñez 2/18/2020 N/A Recreation No longer under discussion 16 Discuss potential litigation - re: govts' action on Jamboree-Project Homekey Tran 10/6/2020 N/A Building & Housing, CMO,
CAO Multiple Closed Sessions - Oct. 2020
17 Discussion of campaign finance reform and/or Open Government Ordinance Phan 6/30/2020 N/A City Clerk, CAO Withdrawn @ 8/4/2020 CC meeting 18 Discussion of Minute Man as City's image, when City branding comes back Phan 8/18/2020 N/A CMO Staff and consultant presented the item on 5/4/2021, due to the late hour it was deferred to a future meeting. Council provided input that the Minute Man discussion will not be pursued further.
19 Discussion on possible tax measures Tran, Phan 4/21/2020 N/A Finance Done on 5/15/2020 20 Discussion/staff report on Beautify Milpitas, graffiti abatement, resources Montano 6/30/2020 Yes CMO, PW City Council approved the Beautify Milpitas program on June 1, 2021 21 Economic Development Corporation (EDC) Montano
12/15/2020,
01/05/2021,
01/19/2021,
01/26/2021 Yes CMO, Econ. Dev. Deferred on 4/20/2021
22 Emergency item for next agenda: extend tenant eviction protections Dominguez 6/16/2020 N/A Building & Housing, CAO Withdrawn, covered by other govt 23 Emergency request to cap rents on small businesses (tenants) in Milpitas Dominguez 10/6/2020 N/A Econ. Dev., CAO On 12/01/20. Not supported 24 Establish "ADU Mondays" Chua 1/5/2021 No
Building & Housing,
Planning Launched in March 2021
25 Establish a Day Worker Program Montano 6/16/2020 Yes CMO Mayor & Vice Mayor to brainstorm in future; Council voted to remove this item from the list on 2/02/2021 per VM Montano's request
26 Establish Milpitas coronavirus testing site Phan 4/7/2020 N/A FCMO, Fire, CAO Completed 27 Expedite process for Measure F Oversight Committee Chua 12/15/2020 N/A Finance Staff explained planned process, appts. were approved by Council in March 2021 28 Form "Beautify Milpitas" subcommittee - for a future Task Force or Commission Chua 12/15/2020 Yes CMO, PW Council approved the Beautify Milpitas program on June 1, 2021. No subcommittee to be formed.
29 Form a Historical Commission Montano 6/2/2020 N/A Recreation, CMO Already part of PRCRC. Commission discussed on 01-05- 2021, no change 30 Form a Homelessness Task Force Tran 12/15/2020 N/A CMO Approved by Council on 1/5/21 31 Info. on new SB 50 (housing, transit bill) Phan 1/7/2020 N/A Building & Housing Sent memo to City Council 32 List of city charges/costs that could be waived for small businesses Dominguez 6/16/2020 N/A Finance, Econ. Dev. 6/30/2020 info memo 33 Maintain Dagupan, P.I. as a Sister City Tran, Montano 9/17/2019 N/A CMO Approved the renewed MOU continuing the Sister City relationship on 12/17/2019 34 Mayor shall recommend a Milpitas resident to serve on VTA Bike Committee Dominguez 11/17/2020 N/A Engineering 12/15/20: resident Kristal Caidoy appointed to VTA BPAC Group 4 – items that have been completed, deferred, or withdrawn ATTACHMENT 3
482
Item # 17.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
AUGUST 16, 2022
No. Topic Requested By Date Requested
Requires more
than 4 hours of
additional staff
time Department/ Office Status
Group 4 – items that have been completed, deferred, or withdrawn 35 No on possible ban on vaping, yes on restricting smoking in multi-unit bldgs Montano 1/7/2020 Yes Planning, Recreation, CAO Ordinance for multi-unit buildings adopted on 6/15/2021 36 Opportunity to share ideas for US census & on City "sponsored" events Dominguez 9/1/2020 N/A CMO 12/01: remove census topic, move events to CC retreat 2021; at 1/12 retreat Council direction to cease
37 Parade for MHS Trojans Football Tran, City Manager 1/21/2020 N/A Council 1/28/2020 38 Performance Evaluation (Contract) of City Attorney Tran 1/5/2021 N/A Council, CAO Multiple Council closed session discussions held. Council voted to move to a full time inhouse City Attorney on 6/21, additional direction on next steps to be provided to staff in August.
39 PG&E power outage plan presentation to Council Tran 1/19/2021 No CMO Presented to Council on 3/16/2021 40 Plan to put utility fines into a fund to help small businesses in the City Montano 12/15/2020 N/A Finance Directed staff on 2/02/2021 to approve policy recommendations temporarily suspending penalties for delinquent fire permit fees, and delay or waive business lic. tax collections but no direction to create a separate fund. On 2/16/2021 Council approved waiving business license penalty between Jan 1 - May 31, 2021. Also, the utility late fee and water shut off have been suspended consistent with State Emergency Order (through Sept 31, 2021). Also, Council allocated ARPA funds to assist small businesses. 41 Policy for Proclamations and Commendations Nuñez, Phan 8/20/2019 N/A CMO Withdrawn 6/2/2020 42 Policy for Social Media Nuñez, Phan 8/20/2019 N/A CMO, CAO Withdrawn 6/2/2020; policy already approved by Council 43 Pollination protection Dominguez 1/5/2021 Yes CMO Deferred on 2/02/2021; did not receive a majority vote on 2/02/2021 council meeting 44 Postponement (not waiver) of penalties related to City business fees Tran 1/5/2021 N/A Finance On 2/16/2021 Council approved waiving penalties until May 31. The suspension of penalties is now no longer in effect.
45 Proclamation and support for face coverings Montano 4/7/2020 N/A CMO, CAO 4/21/2020. CC directed City Manager to issue regs 46 Propose building height limits in area east of Milpitas Blvd. Tran 12/15/2020 Yes Planning Deferred for one year from 2/02/2021 Council meeting 47 Read "Code of Conduct" aloud prior to each City Council meeting Montano 6/2/2020 N/A CAO Approved 8/18/2020. City Attorney began this practice 9/01/20 48 Rename Augustine Park to include "Sunnyhills" Tran, Montano 9/17/2019 N/A Recreation Approved on 2/4/2020 49 Rename portion of Dixon Landing Rd., as Barack Obama Boulevard Nuñez, Phan 8/20/2019 N/A Planning, CMO Deferred indefinitely 50 Report from staff on 2nd federal stimulus package - action plan on funds Chua 12/15/2020 N/A CMO, Finance Info Memo sent to Council on 12/23/2020 51 Report on parking in The Pines Nuñez 1/7/2020 N/A Engineering 2/18/2020 52 Report on speed cameras like Fremont (radar displays) - no enforcement Phan 1/7/2020 N/A Police 1/28/2020, 3/24/2020, 4/14/2020 53 Request for Dumpster Days Tran 1/7/2020 N/A PW Program initiated in Spring 2021 54 Resolution in support of elimination of discrimination v. women Dominguez 1/7/2020 N/A CMO, CAO 5/19/2020 Reso. Adopted 8/04/2020 Ord. adopted 55 Resolution on financial status of the City, steps to be taken Nuñez 8/18/2020 N/A Finance Resolution adopted 9/01/2020 56 Responsible Construction Ordinance Phan 2/4/2020 N/A CAO, Building & Housing Ordinance adopted on 02/02/2021 57 Revise Community Garden Strategy Dominguez 1/5/2021 Yes Recreation Deferred on 2/02/2021; did not receive a majority vote on 2/02/2021 58 Revisit CC Housing Subcommittee, consider dismantling ; bring items to Council Dominguez 11/10/2020 N/A Building & Housing, CMO 12/01/20: Did not vote to eliminate Subcommittee 59 Revisit contract provisions of executive staff (CM + CA) best working environment Phan 11/10/2020 N/A Council, CMO, CAO Discussed @ Closed Session 11/17/2020 60 Schedule and host a "Milpitas Business Expo" in late 2021 Chua 12/15/2020 Yes Econ. Dev. Did not receive a majority vote from 2/02/2021 council meeting 61 Street/traffic calming update Nuñez 1/7/2020 N/A Engineering 3/3/2020 62 Support community distribution of masks Dominguez 4/7/2020 N/A CMO, Fire, Recreation Councilmembers supported at the 4/21/2020 Special Council meeting 63 Support for Laura's Law Phan 2/4/2020 N/A CMO, CAO Supported @ 5/19/2020 council meeting 64 Update "My Milpitas" App for COVID- 19 information Phan 1/5/2021 N/A PW, IT Updated App to provide links 65 Update on planning grant for ADU marketing. Chua 1/5/2021 No Planning Presented to Council on 4/06/2021 66 Update on trash problems in homeless camps Chua 1/19/2021 No PW Info Memo sent 1/24/2021 67 Vaccine distribution plan - add testing locations and expedite mass vaccine distribution Phan 1/19/2021 Yes CMO, Fire COVID-19 mobile testing transition to vaccine distribution info memo was sent on 1/22/2021; SCC and MFD launched mobile vaccination on 4/5/2021, in-home vaccination program started on 4/15/2021
68 Vote on County 2020-2025 Plan to end Homelessness Dominguez 11/17/2020 N/A CAO, CMO 12/1/20 adopted Resolution in support 69 Amend Accessory Dwelling Units (ADU) ordinance to address unpermitted ADUs Chua 1/5/2021 Yes Building Safety & Housing,
Planning
Safe ADU Legalization Program is launched on 3/24/2022, utilizing ARPA funding. No Ordinance amendment is necessary.
483
Item # 17.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
AUGUST 16, 2022
No. Topic Requested By Date Requested
Requires more
than 4 hours of
additional staff
time Department/ Office Status
Group 4 – items that have been completed, deferred, or withdrawn 70 Amend Ordinance to remove affordable housing in-lieu fee Chua 12/15/2020 Yes Building Safety & Housing,
CAO Amended Affordable Housing Ordinance adopted on 2/1/2022. 71 Below Market Rate (BMR) units - process for selecting applicants Chua 10/19/2021 Yes Building Safety and Housing,
CAO Info Memo sent to Council on 1/14/2022 and 3/17/2022. 72 Consider rescinding direction given on 1355 California Circle project and allow the project application to move forward without being tied to a specific plan (Original request was for item to be placed on November 2 agenda) Chua 10/19/2021 Planning, CAO Staff is working with the developer on options to move the project forward. 73 Consider "Old Town" Main St. revitalization, funding, economic dev., improve area Montano 12/15/2020 Yes CMO, Planning, Engineering,
Finance
Council provided direction to move forward with revitalization efforts on May 11, 2021. Staff is working on various items related to revitalization and have provided subsequent updates to the Council in October and to the Main Street Revitalization Subcommittee in September and November.
74 Create an “Incentive Corner,” which will be a sub-page with links to different freebies, grants, and incentives from the City and the regions, including the Water District and Silicon Valley Clean Energy Chua 8/17/2021 No
Information Technology,
Public Works "Incentive Corner" webpage is live on the City's website. Banner posted on 3/28/2022. 75 Donate old, obsolete, noncompliance items from the Fire Department to Sister City Dagupan Philippines Chua 8/9/2021 Yes Fire, CAO, Finance
Council approved the resolution for donations of personal protective equipment on March 1, 2022 and staff implemented the program by the end of March. 76 Extend the outdoor dining options through March of next year Phan 9/21/2021 No Planning Planning Director to provide information on current outdoor dining extension 77 Fee waiver for the Chamber of Commerce for either the Oktoberfest or Arts and wine Festival Montano 3/1/2022 Yes Recreation Staff reached out to the Chamber of Commerce. The Chamber may seek a fee waiver next fiscal year.
78 Fee waiver for the Christian Worship Center's Easter Egg Hunt event Tran 3/1/2022 Recreation The City Council approved a fee waiver for this event on April 5, 2022. 79 Fee waiver for the Kiwanis Annual Crab Feed event Tran 3/1/2022 Recreation Approved at the 3/15/2022 Council Meeting 80 Guide small businesses on ADA (Americans with Disabilities Act) requirements due to the quick changes made to facilities during the pandemic Chua 8/5/2021 No Economic Development SVEDA/SV Joint Venture hosted the “SV Small Businesses & ADA Compliance” webinar on 11/3/21. Several Milpitas business reps, & staff from Econ. Dev. & Building participated. Staff met with reps from CA Comm. on Disability Access to discuss business education & outreach. 81 Host a Townhall at City Hall in January, February, and March for the community to share comments about the issue of the unhoused Tran 11/2/2021 Yes CMO, CAO, Police, Public
Works Deferred by Mayor Tran because of public health status 82 Illegal dumping Phan 10/5/2021 Yes Public Works Info Memo sent to Council on 2/25/2022 83 Incorporate a Press Release Policy (if there is an existing policy) in the City Council Handbook Tran 8/17/2021 Yes CMO, CAO The City Council Handbook was adopted at the Jan. 11, 2022 City Council meeting. 84 Increase number of commission members from seven to nine on the Parks, Recreation and Cultural Resources Commission Montano 10/5/2021 Yes CMO, Recreation, City Clerk Council approved Bylaw changes at the April 19 Council meeting 85 Increase the City's rebate program to match
Valley Water's two dollars rebate increase and look into expanding the "Lawn Buster" program to more residents based on income Chua 6/15/2021 Yes Public Works On October 19, 2021, the Council approved a contract amendment with the Santa Clara Valley Water District (District) to match the District's rebate amount and to authorize the City to manage the "Lawn Buster" program with "Our City Forest" on behalf of the District. On December 14, 2021, Council approved a contract with "Our City Forest." 86 Increase the number of local businesses doing business with the City Chua 4/6/2021 Yes CMO, Economic
Development, Finance
At 8/9/2021 Council meeting, Council voted that this item may have to come back for additional discussion because there may be some legal considerations. 87 Job fair with 20 local businesses to be held soon and an additional one in the fall with the Chamber taking a larger role and the City providing some support Chua 6/1/2021 Yes Economic Development 88 Look into reducing rates for the seniors and low-income families for Sports Center activities Montano 2/1/2022 Yes Recreation, Finance The FY2021-22 Adopted Fee Schedule includes discounted membership and fitness passes for Seniors; low-income families can apply for membership and fitness pass discounts through the Milpitas Assistance Program
89 Memorialize those that have passed due to COVID-19 in Milpitas Dominguez 3/2/2021 Yes CMO, Recreation At 8/9/2021, Council provided input that COVID-19 had not yet passed and that the discussion about a memorial should be had at a future time.
90 Mini-libraries in the low-income areas of the City Montano 4/20/2021 Yes Planning Discussed on 8/9/2021, staff to follow up with Vice Mayor Montano on specific vision. Staff met with the Vice Mayor. The City will continue to facilitate libraries as needed but will not take a lead role in funding or operating them.
91 Outreach to notify the community of the trash voucher program Chua 9/7/2021 No Public Works Staff provided an Information Memorandum regarding the pilot program on April 6, 2022. 92 Proclaim Saturday, March 19, 2022 as Chez the Ice Cream Man Appreciation Day Tran 3/1/2022 No City Clerk Proclaimed at the 3/15/2022 Council Meeting 93 Provide Commissioners appreciation gifts Chua 10/19/2021 Yes CMO, Finance Staff placed the order of fleece jackets the week of March 14th. Depending on the stock, the appreciation gifts will be distributed during the first two weeks in April 2022. 484
Item # 17.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
AUGUST 16, 2022
No. Topic Requested By Date Requested
Requires more
than 4 hours of
additional staff
time Department/ Office Status
Group 4 – items that have been completed, deferred, or withdrawn 94 Reduce the park rental fees for the Samuel Ayer High School reunion Montano 2/1/2022 No Recreation Approved at 3/15/2022 Council meeting. Info Memo on City Council Policy on Fee Waivers & Reductions was sent out on 3/8/2022
95 Reduce the City’s Senior Center facilities deposit for the Auditorium/Community Room Montano 5/4/2021 Yes Recreation, Finance Council approved the reduction of the facilities deposit as part of the adoption of the FY 2022- 23 Master Fee Schedule Resolution. Will be brought forward on 4/19 as part of Master Fee Schedule discussion.
96 Requested a meeting for the subcommittee for the Old Town Main Street be scheduled next month Montano 1/18/2022 No CMO The Subcommittee meeting was hed on April 12 at 4:30pm. 97 Requested discussion and for staff to look at creating a pilot project to accommodate pickleball at Peter Gill Park and would like a feasibility study with a goal of making these courts multipurpose Chua11/16/2021 1/18/2022 Yes
CMO, Recreation,
Engineering, Public Works City Council approved the pilot on 3/15/2022 98 Require implicit bias training for City Council, Commissioners & staff Dominguez 6/16/2020 N/A Human Resources This item has been completed. The training was held on January 7, 2022 (for City Council) and various dates for staff. Training information was also sent to all Commissioners. 485
Item # 17.

CITY OF MILPITAS

AGENDA REPORT
(AR)
Item Title: Receive a Report on the Homekey Project at 1000 Hillview Court (Staff Contact:

Ashwini Kantak, Assistant City Manager, 408-586-3056)
Category: Community Development
Meeting
Date:
8/16/2022
Recommendation: Receive a Report on the Homekey Project at 1000 Hillview Court.

Background:

On July 16, 2020, the California State Department of Housing and Community Development (HCD) announced the release of the Project Homekey Notice of Funding Availability (NOFA) for $600 million to purchase and rehabilitate housing, including hotels, motels, vacant apartment buildings and other buildings, and convert them into interim or permanent, long-term housing. The program's purpose was to expand and diversify housing options for homeless persons at high-risk for serious illness and impacted by COVID-19. Cities, counties, or other local public entities, including housing authorities or federally recognized tribal governments within California, were eligible to apply independently or jointly as the lead applicant with a non-profit or forprofit corporation.

The County of Santa Clara’s Office of Supportive Housing (County) and Jamboree Housing Corporation (Jamboree) jointly applied for and received Homekey funding to convert a hotel at 1000 Hillview Court into a 132-unit permanent supportive housing development (Hillview Court).

The project was funded through a combination of $29.2M in Homekey grant funding, $21.9M in 2016 Measure A funding from the County as a residual receipts loan and up to $25M in 2016 Measure A funding from the County as a bridge loan. The project is also supported with 132 Section 8 Project Based Vouchers from the Santa Clara County Housing Authority. Finally, the County provides approximately $1.7M in ongoing funding for supportive services and currently contracts with Abode Services.

The conversion of Hillview Court has taken place in two phases. The first phase included minimal interior repairs and leasing of 50% of the units to both meet the Homekey deadlines and to afford Jamboree sufficient space to complete the necessary improvements to the building. Tenants of the first phase started to move in December 2020 and slowly started to move out to other buildings in August 2021. The second phase of the project included the permanent conversion of the property and tenants of the second phase started to move in September 2021. Additional security elements and some facility improvements are anticipated to be completed by 2023.

As of August 9, 2022, the project is at 90% occupancy, with 120 of the 132 units occupied. The remaining units are expected to be occupied by October. Ten residents are affiliated with Milpitas while the remaining are affiliated with other cities and towns in the County.

Jamboree, as the Project Owner, is responsible for the overall management and oversight of the property including property management and resident services. Jamboree contracts with Hyder for property management and security services, and contracts with Housing with Heart to provide resident services. The County is primarily responsible for providing referrals to the 132 units and to ensure that tenants are provided 300
Item # 15.
supportive services in accordance with the Supportive Housing Services Plan. These respective roles are memorialized in a No Cost Memorandum of Understanding between the County and Jamboree (See Attachment 2). The County provides intensive case management services at a ratio of 1 case manager for every 20 tenants.

On site services include educational and social activities and linkage to resources such as job training, health insurance, food programs, and government resources. Referrals are made to off-site services such as drug and alcohol rehabilitation and mental health services, however these services are not provided on-site. The role of the case manager is to develop client-centered service plans to obtain and retain housing, improve health conditions, improve daily living activities and to achieve long-term stability. In addition, the case manager provides care coordination including assisting clients with transportation needs.

At the June 7, 2022, City Council meeting, Councilmember Chua requested a periodic report (quarterly or monthly) on crime statistics related to the Project. Additionally, Councilmember Dominguez requested a copy of the management manual and asked for a discussion on a potential oversight committee and updates from the County, which could be combined with the updates requested by Councilmember Chua. Mayor Tran requested that the County be included any discussions on this topic and that an update be provided in August.

Analysis:

At the August 16 City Council meeting, representatives from the County, Jamboree, and Hyder will be in attendance. Jamboree will provide an update including current occupancy status, management and oversight roles and responsibilities, terms of lease agreements, and a summary of the supportive services. Jamboree will also describe the process for ensuring compliance with the terms of the agreement, both by its sub-contractors and by the residents. County staff will be available to answer questions.

Police Department staff will present crime statistics from January 2020 to July 2022 including the number of calls for service, types of calls for service, and officer-initiated activity. Fire Department staff will also provide information about calls for service from January 2020 to July 2022.

Fiscal Impact:

There is no fiscal impact associated with receiving this report. However, the increased volume of Police and Fire calls for service at this site impacts response times to the rest of the Milpitas community and may necessitate investment in additional public safety resources in the future.

California Environmental Quality Act:

Not applicable.

Recommendation:

Receive a Report on the Homekey Project at 1000 Hillview Court.

Attachments:

1. Sample Tenant Lease Agreement

2. (Draft) No Cost Memorandum of Understanding {NOTE: Management Plan is on page 86} 301
Item # 15.
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:

The lease is subject to the following terms, conditions, covenants, and agreements:

1. Regulations
This lease and your occupancy are governed by Project HomeKey. 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 information, or providing false or misleading information, will result in the termination of your occupancy and eviction from the premises.

Hillview Court Apts
Hillview Ct Apt
1 Hillview Ct Apt
1000 Hillview Ct
1000 Hillview Ct, Milpitas, CA 95035
669-350-2121
25 The HUD Tenancy Lease/Addendum is incorporated by reference into the LeaseATTACHMENT 1 302
Item # 15.
2 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 21 days in a calendar year and 7 consecutive nights.

Name Date of Birth Social Security #
____________________________________________________________________________________ ____________________________________________________________________________________

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.
0 303
Item # 15.
3 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.

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 anyone, 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. 304
Item # 15.
4 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:
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.
305
Item # 15.
5 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
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. 306
Item # 15.
6 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. 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 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:
307
Item # 15.
7 (1) Community Rules
(2) Lease Addendum of Drug and Crime-Free Housing
(3) Guest/Visitor Policy
(4) Low-Income Housing Tax Credit Lease Rider – Income Cert, Verification, False Stmnts (5) Mold/Moisture Disclosure Statement / Mold & Mildew Addendum (6) Public Access Disclosure
(7) Bed Bug Addendum
(8) VAWA

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: ________________________________________
Assistant Property Manager
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Item # 15.

HYDER PROPERTY MANAGEMENT PROFESSIONALS
Community Rules
__________________________________
Project Name
The rules and regulations contained in this handbook are an important addition to and incorporated into the lease agreement that you have signed.

Each tenant is responsible to become acquainted with and comply with its contents.

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. 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.

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, ancestry, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, primary language, familial status, source of income, veteran or military status, political beliefs, or any other state or federal protected class in accordance with program regulations.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact Management or the responsible Agency or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at http://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992.

Submit your completed form or letter to USDA by:
(1) mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email:
[email protected].

Hillview Court Apartments
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Item # 15.
“This institution is an equal opportunity provider.”
“El Departamento de Agricultura de Estados Unidos (USDA) ofrece igualdad de oportunidades.”
General Information
A. Rental Office Location: __________________________________________________

B. Phone Number for Rental Office: __________________________________________ C. Office hours are posted at the office and are subject to change from time to time. In case of emergency, contact the property’s emergency maintenance line or call 911.

D. The following common area and facilities are available to Tenants:
________________________________________________
________________________________________________
________________________________________________
E. If you need our assistance from the Managing Agent’s Headquarters, please contact us at 1649 Capalina Road, Suite 500, San Marcos, CA 92069-1226 or call us at (760) 591-9737. We are open Monday through Friday 9 AM to 5 PM. In case of emergency please dial 911.

The House Rules included herein, in addition to the provisions of your lease agreement, explain your rights and responsibilities which govern your tenancy. You are responsible to comply with these provisions and rules.

1. Alcoholic Beverages
No open alcoholic beverage containers are allowed in the common areas and no alcohol may be consumed in any common areas on this site (walkways, stairwells, etc.). Alcoholic beverages may be consumed in the resident’s apartment or on the patio/balcony only. Any conduct resulting from alcohol consumption that disturbs other residents and/or the quiet enjoyment of the apartment community is prohibited.

2. Apartment Occupancy
Occupants will be limited to those persons listed on the Lease Agreement. Resident agrees to advise management of any anticipated change in the household size; agrees to notify management of any change in student status; and agrees to refrain from engaging or permitting unlawful activities within the apartment, or for permitting use of the apartment for unlawful purposes.

3. Balconies and Patios
Balconies, patios and porches are not to be used for storage at any time, including the storage of trash or recyclables. You may keep a limited amount of personal property such as patio furniture or plants. Carpeting is not allowed on balconies. Never throw or sweep anything off the balcony.

Keep outside areas free of litter, spider webs, and dust. Plants or other items, including clothing, are not to be placed on the balcony or patio railing, or on patio enclosure fences. Plants must be placed on saucers to prevent water damage and dripping onto patios below. No water lines or extension cords are to be extended outside the apartment. 1000 Hillview Ct, Milpitas, CA 95035
669-350-2121
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Item # 15.

4. Bicycles, Motorized Scooters and Wheeled Apparatus
Park or store all bicycles outside in areas designated as bicycle parking and keep them locked.

Bicycles not parked in designated areas which have been left in the common areas will be considered abandoned and may be removed without notice. To prevent theft, have your bike licensed or clearly marked with an ID number.

Recreational motorized scooters may be ridden only in driveways. (Motorized wheelchairs or other motorized devices designed to assist persons with disabilities are allowed in all areas of the community). Pedestrians have the right of way on all walkways and sidewalks and vehicles have the right of way in all driveways and parking lot areas. Bicycles, skateboards, roller skates/blades, tricycles, and other wheeled apparatus must be operated in such a manner so as not to create a danger or nuisance to other residents or damage to the property. No riding of bikes or wheeled apparatus is allowed indoors (with the exception of motorized wheelchairs or other motorized devices designed to assist persons with disabilities).

5. Outside Entertainment:

The use of drones, bouncy houses, wading pools and music sources (DJ, speakers, radio, Karaoke etc.) are prohibited in outside common areas.

6. Parking- Vehicle Storage of Inoperable Vehicles:

Residents are prohibited from storing non-operational, unregistered and uninsured vehicles on the property grounds and understand that any non-operational vehicle will be considered unauthorized and subject to towing under California law. Parking of trailers of any type, motor homes, boats and other similar vehicles are prohibited. Only those vehicles registered with the office are permitted to park on the property grounds. You are approved to have ____ vehicles parked on the property. If parking spaces are assigned, Resident must park in those assigned parking spaces. Car washing or any vehicle maintenance is prohibited on the property grounds.

Vehicles causing damage to the property, including vehicles leaking fluids, must be removed from the community. Vehicles should be parked between the white striped lines, not in red fire zones or blue handicap parking (unless a handicapped license plate or placard is visible).

7. Responsibility of Resident
Resident is responsible for resident’s actions and the actions of all household members and guests. It is resident’s responsibility to ensure that resident, all household members and guests are aware of and follow the House Rules and all obligations under the lease agreement.

8. Community Events
Events including garage sales must have prior written approval from the Property Manager.

9. Damage Charges
Apartments are inspected at least once a year in accordance with affordable housing programs.

Residents will be charged for damage beyond normal wear and tear. Keep the apartment clean and free from trash. Avoid putting holes in walls or ceiling, scorching or cutting the countertop or allowing water to overflow. Keep liquids off the carpet and wipe up spills immediately. Never use bleach on the carpet. Do not store hazardous chemicals, such as paint or any non-household chemicals, in the unit. Do not store items in ovens or dishwashers. Do not hang items from fire sprinklers. Do not iron on the carpet. Residents may not use the premises for storage of excessive amounts of personal property which blocks doors or windows, does not allow for safe access into all areas of the premises, or which does not allow the rooms or amenities inside the premises to be used for their intended purpose. Trash or recyclables may not be stored inside the premises or on balconies or patios and must be discarded into proper receptacles on the property grounds. For your safety no modifications may be made to the electrical, plumbing or other systems in the unit. 311
Item # 15.

10. Firearms and Explosive Devices
For the safety of all Residents, Firearms and explosive devices of all types are prohibited on the premises.

11. Fire Safety
You are responsible for insuring proper use of candles, incense and space heaters. Never leave lit candles or incense unattended. Certain fire doors and exit doors must remain closed at all times.

Other doors are intended to remain open. Do not leave doors propped open that are intended to be closed. Likewise, do not close doors that are intended to remain open. leave food cooking on the stove unattended. Limit use of extension cords inside the premises and ensure extension cords in use are not overloaded with electronic devices., and never run extension cords under rugs or across walkways. The use of extension cords outside the premises is prohibited.

12. Fireworks
Fireworks of all types are prohibited anywhere on the property grounds.

13. Grills (Propane or Charcoal)
Personal Grills and BBQs are not allowed on patios, balconies, or anywhere else in the community, including inside the premises. Residents may use any BBQs provided on the property. Do not dispose of hot/warm coals in the dumpster or garbage cans. Wait until the coals are cold and then put them in the dumpster.

14. Guests
Visitors and guests must be in the company of a resident at all times. Residents are responsible for the actions of their visitors. Failure of visitors to follow the rules and regulations of the property may result in termination of the resident’s Lease Agreement. Visitors on the property not in the presence of a resident are considered to be trespassing. Residents may have a maximum of two (2) guests with them when using the common area amenities unless Management has approved a greater number in writing.

Guests remaining more than _______ nights per month or more than _____nights in a year may constitute residency and effect your qualifying for your apartment home. Guests remaining more than _____ nights per month or more than ____ nights per year must receive prior authorization in writing by management. Failure to comply may result in termination of the lease agreement.

15. Harassment
Management will not tolerate harassment of residents, staff or visitors. Harassment includes verbal, physical or other conduct that creates an intimidating, offensive or hostile living environment, or that interferes with the work of staff. Any incident of harassment should be reported promptly to the Property Manager. Noncompliance with this provision of the House Rules is grounds for termination of Resident’s tenancy.

16. Illegal Drugs and Marijuana
Sale, possession or use of illegal drugs, drug paraphernalia, marijuana or other controlled substances is not permitted anywhere on the property and is grounds for immediate termination of tenancy.

17. Inspections
Resident acknowledges that Management and other Government Agencies will inspect the premises periodically in accordance with the affordable housing rules and regulations which govern your tenancy. Management may also enter the premises for other reasons in accordance with California law, including, but not limited to, in order to make necessary or agreed upon Guests remaining more than _3______ nights per month or more than _21____nights in a year may 312
Item # 15.
repairs, renovations, or provide services, check smoke alarms or carbon monoxide detectors, or inspect the premises for bed bugs. Management will provide you with at least 24 hours advanced notice in accordance with California law.

18. Laundry Rooms
Laundry rooms are to be used only during the hours posted. Follow all posted instructions and do not leave your laundry unattended. Be considerate of your fellow neighbors and promptly remove your clothes from the appliances so that others may use the machines. Any clothes not removed and/or left unattended are subject to removal by Management. The Laundry Room(s) are for resident use only. Dispose of any dryer lint or trash and leave the room in a neat and orderly condition. Please report any concerns to the management office.

19. Lockout
If you find that you are locked out, first call or visit the on-site staff member. If the call for service is after hours there will be a charge billed to the tenant on the next business day. You will never be asked to pay cash at time of service. If staff is not available to help after regular business hours, you will need to call a locksmith at your own expense. If locks are changed the office needs a copy of the new key.

20. Mail Delivery
The US Postal Service will label your mailbox with the names of designated residents only. Do not tamper with any mailbox, any label affixed to the mailbox, or interfere with mail delivery as this is a violation of law. No staff person is authorized to accept delivery of your packages or mail.

21. Noise
Resident agrees not to make, nor permit disturbances (i.e. parties, music, loud voices, loud television), which may disturb other residents or neighbors, especially between the hours of 8:00PM – 8:00AM. All residents are entitled to the quiet enjoyment of their units. Please be considerate of your neighbors and ensure that your actions or the actions of your guests do not cause excessive noise on the property.

22. Paying Rent
Rent is due on the first of the month and there is a late charge after the ______ of the month. Cash is NOT accepted. There is a $25 fee for the first “bounced”/NSF check And a $35 fee for any subsequent NSF checks. All checks or money orders MUST have the payee line completed (payable to the property name). Do not leave this line blank. The Property Manager is not authorized to complete the payee line on your check or money order.

23. Pest Control
Regular spraying of the building exterior is necessary to prevent pests from spreading throughout the property. If pest control is required in your apartment, please notify management immediately. you will be required to comply with all pest control preparation requirements. The control of insects and rodents is a joint responsibility of the Resident 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.

24. Personal Property – Common Areas
No personal property or structures of any kind may be left or erected in the common areas. 6th
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Item # 15.

25. Pets
No pets or animals are permitted on the grounds or in these apartments without prior written permission of the Property Manager. Possession of an unauthorized pet or pets is considered a lease violation and may cause the service of a Notice to Terminate Tenancy. Assistive animals for the disabled are not considered to be pets but do require advance written approval of the Property Manager. Visitors are not allowed to bring pets onto the property. Disabled guests with assistive animals are exempt from this policy.

26. Posting Materials
No posting of any materials outside of your unit or in the common areas is allowed unless specifically allowed by law.

27. Reasonable Accommodation Requests
The Owner and management proudly comply with all state and federal fair housing laws.

Residents with disabilities have the right to make requests for reasonable accommodations and reasonable modifications. Residents who would like to make a request should notify the management staff. Management will consider each request and notify you within a reasonable time frame regarding their decision. Management reserves the right to request verification of a Resident’s disability and/or disability-related need for the requested accommodation or modification in accordance with fair housing laws. Management can provide forms which Residents can use for their convenience in order to provide requested verification.

28. Renter’s Insurance
Your furniture and possessions are not covered by the Property’s insurance. It is highly recommended that you obtain renter’s insurance to protect you and/or your personal property.

29. Satellite Dish
Satellite Dishes are permitted if they are installed in accordance with the “Satellite Dish / Antenna Addendum” to the Lease. Install the equipment only as specified in the Addendum. Do not put holes in building, balcony or patio walls, ceiling, roof or other structures. Unauthorized installation of a satellite dish or antenna will result in removal of the hardware and the resident will be charged for the full cost of repair. Please ask your Property Manager for more information.

30. Security System
If your unit is equipped with a security alarm, you must give the Property Manager the security code for emergency use.

31. Smoke Detector
For your safety, test your smoke detectors regularly. Never unplug or remove the battery from a smoke detector. If it is beeping, it may need a new battery. Tell the Property Manager immediately if the smoke detector is beeping or not working.

32. Smoking (if Applicable)
Smoking is only permitted in the designated outdoor smoking areas. Smoking is not permitted anywhere else including, but not limited to, inside individual units, balconies, patios, playgrounds, laundry rooms, office, or community room. Please see the Smoke Free addendum for additional information.

33. Soliciting
No soliciting is allowed on the premises.
314
Item # 15.

34. Trash Removal
Put trash in the dumpster and sort glass, metal and paper into recycling containers, if/as available.

Break down boxes before disposal. Pick up any spilled trash. Do not dispose of any furniture or large objects in the trash area or you will be charged for extra hauling costs incurred by Management. Do not dispose of any chemical, paint, solvent, or oil in the waste containers or you will be charged a fee incurred by Management for removal.

35. Washers and Dryers
Washers and dryers are not permitted in apartments unless they have been provided by management or the apartment was plumbed and vented for the addition of washers and dryers.

36. Waterbeds/Fish Tanks
You may maintain a waterbed only with the advance written approval of the Property Manager.

You will need to supply proof of waterbed insurance in accordance with California law. Fish tanks over 10 gallons require proof of renter’s insurance.

37. Windows
Keep your windows free of any adornment, obstruction, or decoration, except for seasonal decorations which must be promptly removed after the holiday. Do not remove the window coverings provided without advance written permission of the Property Manager.

38. Work Orders
All maintenance work is completed based on a written work order. Call the Property Manager during office hours to report a maintenance need. Work is completed on a priority basis and will be scheduled as soon as possible. Unless otherwise expressed by you, we will assume that our staff have permission to enter your apartment when you request Maintenance work be performed and a time has been designated by Resident and Management to perform the work. You are not required to be present during maintenance work. Maintenance staff will expect you to pre-clean / prepare in advance the area or appliances in need of repair. If there is no response to your work request within 72 hours, follow up with the Property Manager. If an outside vendor is scheduled to complete your work request and you have been given the proper notice to enter and you either refuse service or have not prepared the area as instructed, you agree to pay any fees billed to Management by the vendor for the trip to your unit.

39. Tenant Complaints:

Management has established a set of procedures designed to ensure that there is a fair and equitable process for addressing tenant concerns and to ensure fair treatment of tenants in the event that an action or inaction by the Owner adversely affects your tenancy. If you wish to lodge a complaint regarding your tenancy to Management, please submit your complaint in writing to the rental office or to the Agent’s headquarters at the following address:
______________________________________________________________________________ Management will investigate all Tenant complaints in a fair and impartial manner and take the appropriate action within a reasonable time frame.

Tenants also have the right to utilize the Grievance and Appeal procedures set forth in 7CFR 1350.160. A copy of the Grievance and Appeal procedure is posted in the leasing office.

40. Tenants’ Rights to Organize:

Owner agrees to allow Tenant to conduct on the property the activities related to the establishment or operation of a tenant organization in accordance with USDA-RD or HUD regulations concerning tenants’ rights to organize.
315
Item # 15.

41. Waiver
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 force and effect.

42. Modification of rules and regulations
The Agency must concur with any modification to the occupancy rules prior to implementation.

Proper notice will be given to each tenant as least 30 days in advance of implementation of such rules in accordance with Section 3560.160.

Compliance with Requirements Outlined in the Violence Against Women Act 12/15/2013 The Violence Against Women Act was promoted for a noble cause to make the lives of victims of abuse easier and to prevent homelessness. In accordance with the Violence Against Women Act (VAWA), the owner/agent will not penalize victims of domestic violence, stalking, dating violence and sexual assault or rape if the incident under review is a direct result of such abuse.

Criminal activity directly related to domestic violence, dating violence, or stalking, engaged in by a member of a resident's household or any guest or other person under the resident's control, shall not be cause for termination of assistance, or occupancy rights if the resident or an immediate member of the resident's household is the victim or the threatened victim of that abuse.

An incident(s) of actual or threatened domestic violence, dating violence, stalking and sexual assault will not be construed as serious or repeated violations of the lease by the victim (or threatened victim), and will not be "good cause" for the termination of the assistance, tenancy, or occupancy rights of a victim of such violence.

All Adult Household member over 18 must sign the VAWA Lease Addendum, Form HUD-5380.

Confidentiality of Information
The identity of the victim and all information provided to owners relating to the incident(s) of domestic violence, dating violence or stalking must be retained in confidence by the owner and must not be entered into any shared database or provided to a related entity, except to the extent that the disclosure is:

Retention of information.

The owner/agent will retain all documentation relating to an individual’s domestic violence, dating violence, sexual assault and/or stalking in a separate file that is kept in a separate secure location from other applicant or resident files.

Form HUD-5380 Notice of Occupancy Rights under the Violence Against Women Act (VAWA) The Notice of Occupancy Rights under the Violence Against Women Act (HUD Form 5380) provides notice to the resident/applicant of the confidentiality of information about a person seeking to exercise VAWA protections and the limits thereof. The identity of the victim and all information provided to the owner/agent relating to the incident(s) of abuse covered under the VAWA will be retained in confidence.

Information will not be entered into any shared database nor provided to a related entity, except to the extent that the disclosure is

1. Requested or consented to by the victim (written permission to release the information on a time limited basis); or

2. Required for use in an eviction proceeding or termination of assistance; or

3. Otherwise required by applicable law.
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REQUESTS FOR A VAWA ACCOMMODATION & “CERTIFICATION OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING, AND ALTERNATIVE DOCUMENTATION” FORM HUD5382. • Complete a VAWA Request “Certification of Domestic Violence, Dating Violence, Sexual Assault, or Stalking, and Alternative Documentation” form hud-5382 provided by the owner/agent and sign and return the form within fourteen (14) business days. The owner/agent may extend this time period at his/her discretion.

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
____________________________________ ________________________ Authorized Representative Date
RulesandRegsKTSApprovalAllProp2020
Milpitas
317
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.

HILLVIEW COURT APARTMENTS
1000 Hillview Court
Milpitas CA 95035
Guest/Visitor Policy 7-20-2021
Hillview Court Guest/Visitor Policy
The Guest/Visitor Policy (“Addendum”) is made part of the Lease Contract (“Agreement”) dated _____________ between __________________________________________(“Resident”) and _________________________________(“Owner”) for the premises located at ________________________________(“Leased Premises”) in the Hillview Court Apartments (“Residential Community”).

This Addendum was created to provide a safe and pleasant environment for all residents to live in and to ensure that your rights are respected and maintained. Resident must comply with the House Rules and with any changes adopted in the future as a condition of the Agreement. Violations will be considered a breach of the Agreement. Hillview Court will give Residents notice in writing of any changes adopted.

GUEST/VISITOR POLICY: Resident is responsible for notifying any guest of the Hillview Court visitor policy.

All guests must register at the front desk. Resident will need to escort their guest to and from the front desk. No guest will be permitted to stay in the Residential Community, including within the Leased Premises, unless accompanied by Resident. Resident is fully responsible for the actions and behavior of their guests while the guests are anywhere in the Residential Community, the Leased Premises, or grounds. Resident's guests are required to observe the House Rules. Owner reserves the right to ban noncompliant guests and visitors who present a risk to the safety and well-being of others residing in the Residential Community. During normal operating hours resident can sign in two (2) guests, residents may submit a written request of special consideration for additional guests.

All guests must show identification.

GUEST/VISITOR CONDUCT: Resident is responsible for ensuring any guest/visitor does not engage in conduct that interferes with the rights of other residents to enjoy their apartments properly and peacefully or cause conditions that are dangerous, hazardous, threatening, unsanitary or otherwise harmful to others in the Residential Community. Verbal threats or abusive behavior are not allowed. No weapons, fights or violence are allowed. In consideration of other residents, loud or disturbing noises (e.g., loud radio, TV) are not allowed. Guest/Visitor should be especially mindful of excessive noise before 8:00 a.m. or after 10:00 p.m.

KEYS AND ACCESS TO APARTMENT: Resident is prohibited from providing guests/visitors with keys for access to the Residential Community.

OVERNIGHT GUESTS: A guest is considered an "overnight" guest if they remain in the Residential Community beyond 2:00 a.m. Overnight guests are limited to twenty-one (21) days in a calendar year and seven (7) consecutive nights. Resident is limited to one (1) guest at any given time. Front desk logs are reviewed by Owner regularly. Residents may submit a written request of special consideration for more than one (1) guest, not to exceed three (3) and for extended overnight guests to Owner.

Hillview Court Apts
1000 Hillview Ct
319
Item # 15.

HILLVIEW COURT APARTMENTS
1000 Hillview Court
Milpitas CA 95035
Guest/Visitor Policy 7-20-2021
I have read the above Addendum to my Agreement and I am in agreement with the House Rules of the Residential Community.

Resident Name (print):

Resident Signature:

Date:

Owner Signature:

By (print name):

Date:

Kay Harris
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Item # 15.

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
Hillview Ct Apts
1000 Hillview Ct, Milpitas, CA 95035
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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
Hillview Court Apartments
Hillview Ct Apts
Hillview Court
322
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)
Hillview Court Apartments
1000 Hillview Ct, Milpitas CA 95035
Kay Harris
323
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
Hillview Ct Apts
The HUD Tenancy Lease/Addendum is incorporated by reference into the Lease 324
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
325
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
Form HUD-91067
(9/2008)

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
326
Item # 15.

Form HUD-5382
(12/2016)
CERTIFICATION OF U.S. Department of Housing OMB Approval No. 2577-0286 DOMESTIC VIOLENCE, and Urban Development Exp. 06/30/2017

DATING VIOLENCE,

SEXUAL ASSAULT, OR STALKING,

AND ALTERNATE DOCUMENTATION
Purpose of Form: The Violence Against Women Act (“VAWA”) protects applicants, tenants, and program participants in certain HUD programs from being evicted, denied housing assistance, or terminated from housing assistance based on acts of domestic violence, dating violence, sexual assault, or stalking against them. Despite the name of this law, VAWA protection is available to victims of domestic violence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexual orientation.

Use of This Optional Form: If you are seeking VAWA protections from your housing provider, your housing provider may give you a written request that asks you to submit documentation about the incident or incidents of domestic violence, dating violence, sexual assault, or stalking.

In response to this request, you or someone on your behalf may complete this optional form and submit it to your housing provider, or you may submit one of the following types of third-party documentation:
(1) A document signed by you and an employee, agent, or volunteer of a victim service provider, an attorney, or medical professional, or a mental health professional (collectively, “professional”) from whom you have sought assistance relating to domestic violence, dating violence, sexual assault, or stalking, or the effects of abuse. The document must specify, under penalty of perjury, that the professional believes the incident or incidents of domestic violence, dating violence, sexual assault, or stalking occurred and meet the definition of “domestic violence,” “dating violence,” “sexual assault,” or “stalking” in HUD’s regulations at 24 CFR 5.2003.
(2) A record of a Federal, State, tribal, territorial or local law enforcement agency, court, or administrative agency; or
(3) At the discretion of the housing provider, a statement or other evidence provided by the applicant or tenant.

Submission of Documentation: The time period to submit documentation is 14 business days from the date that you receive a written request from your housing provider asking that you provide documentation of the occurrence of domestic violence, dating violence, sexual assault, or stalking. Your housing provider may, but is not required to, extend the time period to submit the documentation, if you request an extension of the time period. If the requested information is not received within 14 business days of when you received the request for the documentation, or any extension of the date provided by your housing provider, your housing provider does not need to grant you any of the VAWA protections. Distribution or issuance of this form does not serve as a written request for certification.

Confidentiality: All information provided to your housing provider concerning the incident(s) of domestic violence, dating violence, sexual assault, or stalking shall be kept confidential and such details shall not be entered into any shared database. Employees of your housing provider are not to have access to these details unless to grant or deny VAWA protections to you, and such employees may not disclose this information to any other entity or individual, except to the extent that disclosure is: (i) consented to by you in writing in a time-limited release; (ii) required for use in an eviction proceeding or hearing regarding termination of assistance; or (iii) otherwise required by applicable law. 327
Item # 15.
2 Form HUD-5382
(12/2016)

TO BE COMPLETED BY OR ON BEHALF OF THE VICTIM OF DOMESTIC VIOLENCE,

DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING

1. Date the written request is received by victim: _________________________________________

2. Name of victim: ___________________________________________________________________

3. Your name (if different from victim’s):________________________________________________

4. Name(s) of other family member(s) listed on the lease:___________________________________ ___________________________________________________________________________________

5. Residence of victim: ________________________________________________________________

6. Name of the accused perpetrator (if known and can be safely disclosed):____________________ __________________________________________________________________________________

7. Relationship of the accused perpetrator to the victim:___________________________________

8. Date(s) and times(s) of incident(s) (if known):___________________________________________ _________________________________________________________________

10. Location of incident(s):_____________________________________________________________ This is to certify that the information provided on this form is true and correct to the best of my knowledge and recollection, and that the individual named above in Item 2 is or has been a victim of domestic violence, dating violence, sexual assault, or stalking. I acknowledge that submission of false information could jeopardize program eligibility and could be the basis for denial of admission, termination of assistance, or eviction.

Signature __________________________________Signed on (Date) ___________________________ Public Reporting Burden: The public reporting burden for this collection of information is estimated to average 1 hour per response. This includes the time for collecting, reviewing, and reporting the data. The information provided is to be used by the housing provider to request certification that the applicant or tenant is a victim of domestic violence, dating violence, sexual assault, or stalking. The information is subject to the confidentiality requirements of VAWA. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid Office of Management and Budget control number.

In your own words, briefly describe the incident(s):
______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ 328
Item # 15.

MOVE –IN/MOVE OUT INSPECTION REPORT
Project Name: Date of Inspection: In ________Out _________ Tenant Name: ______________________________________Unit #__________Number of Bedrooms__ __ Number of Baths__ __ Move-In Date: ____________________. Move-Out Date: _______________________ Acceptable? Acceptable? Acceptable?

Kitchen
Yes
In/Out
No
In/Out Bedroom # 2
Yes
In/Out
No
In/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 Date Manager Signature at Move-Out Date WORD\UnitInspection./HUD 5/2011
329
Item # 15.

Property Name:

UNIT# DATE INSPECTED:

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
and note any Damage for each Burner, Oven Gaskets and MISSING Racks below:

INSPECTION OF APPLIANCES

MOVE IN MOVE OUT SEMI ANNUAL
Inspector: Please check the box if the items is OK. If it is not OK circle the item 330
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
331
Item # 15.

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No Cost Memorandum of Understanding between the County of Santa Clara and JHC-Hillview LLC Memorandum of Understanding
Between the County of Santa Clara and JHC-Hillview LLC
This No Cost Memorandum of Understanding (MOU) is between the following “Project Partners”: the County of Santa Clara (“County”), by and through the Santa Clara County Department of Behavioral Health Services (DBHS) and the Office of Supportive Housing (OSH); JHC-Hillview LLC, (“Owner”), a California limited liability company, of which Jamboree Housing Corporation, a California non-profit benefit corporation, is the Manager. The MOU is being entered into in order to establish roles and responsibilities related to the development and operations of Hillview Court, located at 1000 Hillview Court, Milpitas (“Project”).

RECITALS
I. The Project is a 134-unit residential complex including a community room with kitchen, laundry, property management and service delivery offices, and common open space. Of the 134 units, 132 will have Section 8 Project Based Vouchers (PBV’s) and 2 are designated as manager’s units. The Project will offer studios for extremely low-income households-whose income is at 15-30% of Area Median Income. To establish the PBV’s at the Project, on May 12, 2021, the Owner entered into a Housing Assistance Payment Contract with the Santa Clara County Housing Authority (“Housing Authority").

II. Of the 132 PBV’s, 100 of the Project units will be designated to be occupied by non-elderly persons (18- 61 years of age with disabilities, referred through the Santa Clara County of Office of Supportive Housing who are eligible for the Section 811 Mainstream Vouchers (“Supportive Services Units”), and 32 of the Project Units will be designated to be occupied by individuals or families who are in need of permanent supportive housing, and who are eligible for the Mainstream County’s Chronically Homeless Direct Referral Program (“Supportive Housing Residents”) as set forth in the Second Amended and Restated Memorandum of Understanding between the County of Santa Clara and the Housing Authority, which is attached as Attachment A to this MOU (“Housing Authority Agreement”). Eligible individuals or families who have a qualifying special need, will be referred to fill the units in compliance with the Housing Authority Agreement. The Housing Authority Agreement also requires that members of these households be provided with the services specified in the Supportive Services Plan described in Attachment E. Of the 132 Supportive Housing Units, 132 are studios. These units will be renovated housing units to meet current codes and Housing Quality Standards that will be set aside for individuals or families who have a qualifying special need, with incomes no greater than 30% Area Median Income (“PBV Eligible Resident”).

III. In an effort to achieve a healthy and integrated community, this MOU represents a collaboration among the Project Partners to produce, operate and maintain high quality supportive housing units that help stabilize and improve the health and well-being of persons who have experienced housing instability and are living with serious mental illness. Important outcomes include, but are not limited to, residential stability, improved health, reduced use of acute and emergency services, stabilized and/or increased tenant incomes, and tenant participation in vocational programs.

IV. This MOU also establishes the responsibilities of the Owner relating to property management and resident services; during or after full development of the Project, one or more of Owner’s obligations under this MOU may be carried out by an entity contracted by the Owner although the Owner will be solely responsible for ensuring compliance with all obligations set forth in this MOU.

ATTACHMENT 2
332
Item # 15.

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No Cost Memorandum of Understanding between the County of Santa Clara and JHC-Hillview LLC V. This MOU also establishes the County’s responsibilities relating to supportive services for the tenants of the 132 Supportive Housing Units (Supportive Housing Residents); one or more of the County’s obligations under this MOU may be carried out by an entity or entities contracted by the County although the County will be solely responsible for ensuring compliance with all obligations set forth in this MOU.

In consideration of the foregoing Recitals, which are incorporated herein by reference, the mutual promises and covenants contained herein and for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged and intending to be legally bound thereby, the parties hereto do agree as follows:

AGREEMENT
I. Term.

A. This MOU is effective as of August 31, 2021, and will continue thereafter for a term of 20 years or the occurrence of the earliest of the following events:

1. Either party terminates for convenience (without cause) or with cause by notifying the other party in writing six months prior to the effective date of termination. The written notice will provide the effective date and scope of the termination; or,

2. Failure to secure ongoing necessary funding for this project and either party terminates by providing a minimum of six months’ notice in writing; or,

3. The sale of the Project. For the purposes of this agreement, a sale of the project shall refer to transfer of the Project such that neither the Owner nor any Owner-affiliated entities have any ownership interest in the Project.

4. The Housing Authority Agreement is terminated before the term of this MOU.

B. The parties may extend the term of this MOU by mutual agreement.

C. If the Housing Authority Agreement is terminated before the term of this MOU, the responsibilities of the Project Partners pertaining to PBV Eligible Residents shall also be terminated.

D. If this MOU is terminated, the tenancy of any and all tenants in the PBV units shall be governed by the fully executed lease and the Housing Authority Agreement.

II. Responsibilities of the Project Partners.

A. Participate in a collaborative planning process that develops and strengthens linkages among the Project Partners, which will finance and deliver housing and services to the Supportive Housing Residents.

B. Facilitate the development of inter-disciplinary and inter-agency strategies to more effectively meet Supportive Housing Residents’ needs, including the provision of supportive services linked to permanent housing. Project Partners will coordinate staff and resources to reduce the fragmentation and barriers encountered by the Supportive Housing Residents and help them stabilize their health and maintain their housing.
333
Item # 15.

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No Cost Memorandum of Understanding between the County of Santa Clara and JHC-Hillview LLC C. Work collaboratively to appropriately share information and decision-making through case conferences and other strategies as needed; deliver services appropriate to Supportive Housing Residents; and, implement appropriate safeguards to protect confidentiality in accordance with all applicable ethical and legal requirements.

D. Work in partnership to identify service needs, develop program strategies, and implement services in a manner that respects the dignity and diversity of Supportive Housing Residents.

E. Participate, as needed, in efforts to obtain and analyze data to document the cost-effectiveness of services linked to permanent mixed-supportive housing, while protecting and respecting individuals’ confidentiality and privacy rights.

F. Designate representative(s) to participate in the monthly (or as needed) operations meetings convened by the Property Management Agent, who will be responsible for operation and oversight of the Project. Meetings are to be attended by:

1. The Owner, as represented by the on-site property manager, and his/her supervisor;

2. Owner’s Resident Services Coordinator and/or his/her supervisor who will be responsible for coordinating services for residents of the Supportive Housing units and/or Owner’s Representative from Owner’s Services Department;

3. A representative from the County’s Office of Supportive Housing; and,

4. A representative from the County’s Service Provider(s).

G. While Operations Meetings will occur on a monthly basis, Project Partners may be required to attend additional meetings more frequently as necessary, for example during the rent-up period, or as agreed upon by the Project Partners.

H. Designate representative(s) to participate in the weekly (or as needed) staff meetings convened by the Property Management Agent. Weekly staff meeting will discuss issues such as Supportive Housing Resident needs and how those needs are being met by the County and their Service Provider, policy issues, property management policies, maintenance and security problems, tenant crises, program policies, and how to effectively address such issues. Meetings are to be attended by:

1. The On-site Property Manager;

2. Owner’s Resident Services Coordinator and/or Owner’s Representative from Owner’s Services Department; and,

3. A representative from the County’s Service Provider(s).

I. Complete, in a timely manner, all reasonable and/or required requests for data and information from the Federal Government, the State of California, the County and the Housing Authority.

III. Owner Responsibilities.

A. Owner shall secure all other predevelopment, construction, and permanent funding required for development and operation of the Project.
334
Item # 15.

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No Cost Memorandum of Understanding between the County of Santa Clara and JHC-Hillview LLC B. Develop and implement supportive services policies, in consultation with the Property Management Agent and services partnerts, that govern the Project and publicly represents and gives overall direction to the activities that take place at the housing site. The Project is to be managed in compliance with all regulatory agreements for the Property and regulations pertaining to applicable subsidy programs.

C. Ensure that all duties listed in Sections IV and V are carried out.

D. Establish property management policies and procedures pertaining to the Project, including the establishment of the lease and house rules, and work to keep the operation of the Project responsive to legal issues.

E. Provide a representative who will perform the following functions in matters pertaining to the Project.

The Property Management Agent may serve in this role on Owner’s behalf:

1. Respond to complaints and concerns from all parties as well as Supportive Housing Residents.

2. Oversee Management practice and strategy for effective communication and responsiveness to tenants including reasonable accommodation requests.

3. Facilitate and attend meetings as needed.

4. Represent the Project publicly to community members and to local government agencies, as appropriate.

5. Collaboratively advocate for continued funding and services for the Project.

6. Notify Project Partners of any potential changes to the regular operations of the Project, or any potential changes or losses of funding that could impact the operations of the Project.

7. Provide all parties at least 90 days notice of a change in Owner’s Property Management Agent and/or Services Coordinator.

8. Establish a reasonable policy of “screening-in” potential Supportive Housing Residents. See Attachment B (“Tenant Selection Criteria”) and Attachment C (“Screening-In Criteria”).

9. Establish and communicate clearly about policy and procedures related to the move-in process and ongoing tenancy issues, such as lease agreement, house rules and unit transfer process to Supportive Housing Residents, and work with Project Partners and Supportive Housing Residents to resolve questions and concerns about the move-in process.

10. Attend meetings as required by this MOU, and otherwise help to resolve differences between Project Partners.
335
Item # 15.

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No Cost Memorandum of Understanding between the County of Santa Clara and JHC-Hillview LLC

11. Communicate regularly with OSH regarding rent roll reviews and notices given to Supportive Housing Residents.

F. Promote collaboration and communication between the Property Management Agent, the Resident Services Coordinator, OSH, and Service Provider(s) throughout tenancy and especially in the eviction process by attending and facilitating meetings between the parties as necessary, investigating questions and complaints about the process, and communicating with relevant parties.

G. Owner or their agent will provide the necessary staffing to perform their obligations as set forth in this MOU.

H. Owner will comply with all conditions and terms of the Housing Authority Agreement.

I. Owner will comply with applicable federal, state and local laws in administering the Project, including but not limited to the extent applicable, fair housing laws, disability laws, prevailing wages, and laws regarding the confidentiality of protected health information.

IV. Responsibilities of Owner’s Property Management Agent. Owner shall use best efforts to cause the Property Management Agent to agree that it will:

A. Provide prospective Supportive Housing Residents with current written descriptions of the Property to include numbers and types of units, additional facilities, tenant screening policy, tenant selection criteria, rental rates and subsidy programs.

B. Share with OSH and Service Provider copies of the application form and all other required documents, and the criteria used by Property Management Agent to “screen-in” and approve or deny applicants. Property Management Agent will notify OSH and Service Provider any time there is a change in these forms or policies.

C. Provide property management services for the entire Project by implementing and complying with the approved Tenant Selection Criteria, Screening-In Criteria and Property Management Plan (Attachment D),

1. Provide Supportive Housing Residents with current copies of the Lease Agreement and House Rules for the Project at move in. As part of the move-in process, communicate clearly with Supportive Housing Residents about policy and procedures related to the move-in process and ongoing tenancy issues, such as lease agreement, house rules, late fees and unit transfer process.

2. Provide Supportive Housing Residents with written policies and procedures for maintenance requests, including any forms that must be completed to request maintenance work.

3. Explain to new Supportive Housing Residents the roles and responsibilities of Property Management Agent, Resident Services Coordinator and Service Providers at the Project and remind Supportive Housing Residents of on-site Property Manager’s responsibility to refer tenants to Service Provider whenever their housing is in jeopardy. 336
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4. Provide Supportive Housing Residents with a written policy/procedure outlining the process for tenants to request a reasonable accommodation, including forms or language that will assist the Owner and Property Management Agent in meeting Supportive Housing Residents’ needs.

Due to the sensitive nature and legal issues surrounding reasonable accommodation, Property Management Agent will consult with the Owner regarding the handling of reasonable accommodation requests. Provide Supportive Housing Residents written acknowledgement of receipt of reasonable accommodation requests within five (5) business days from the receipt of such request. Written response to requests will be provided in a timely manner.

D. Coordinate and work with OSH and County Service Provider(s) to address Supportive Housing Residents’ issues. By use of a required and fully executed consent form from the program participant(s):

1. Notify OSH and County Service Provider(s) of the status of an individual’s application for tenancy. OSH and County Service Provider(s) shall be kept reasonably informed of anticipated vacancies and move-ins through discussion of these topics at regular meetings, as well as email and phone communication regarding appointments with prospective Support Housing Residents for screening interviews and lease signing meetings.

2. Enforce leases and house rules consistently and inform appropriate County Service Provider on all warning letters and all notices sent to Supportive Housing Resident when such Supportive Housing Resident has given permission for such sharing with a particular Service Provider.

3. Keep OSH and County Service Provider(s) informed of property management issues related to Supportive Housing Residents such as eviction noticing, vacancies and rent changes.

4. Ensure that staff members working at the Property are introduced to County Service Provider staff and are aware of the roles and responsibilities of the County Service Provider.

5. Notify County Service Provider(s) of unusual, erratic or disruptive behavior the Property Management Agent observes in tenants. It is understood that Property Management Agent is not a health care provider or health care professional and has no diagnostic or health related skill set and shall not be held responsible for failing to observe or recognize behavior that might be deemed to be unusual, erratic or disruptive.

6. If eviction is to occur, communicate with appropriate Service Provider(s) regarding the process of notices, responses and court dates, and if eviction is successful, regarding the lockout date.

7. Contact County Service Providers or OSH when Property Management Agent is aware that a Supportive Housing Resident’s health, safety, or housing are at risk or at time when the Program Tenant has authorized disclosure of information to the Service Provider. The intent of such communication will be to promote the health and well-being of individual Supportive Housing Residents and to reduce the potential for evictions. 337
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8. Keep OSH and County Service Providers informed of issues affecting the general health and safety of staff and residents at the Project about which the Property Management Agent is aware.

E. Integrate the Supportive Housing Residents into the entire Property/Project by inviting them to all events/activities on the Project site.

F. The Property Management Agent will work with Owner in the preparation and implementation of the site’s Emergency Preparedness Plan. This plan shall include evacuation information that the Property Management Agent will provide to Supportive Housing Residents upon move-in. It is acknowledged and understood by all Parties that Owner, Property Management Agent and County Service Provider cannot and are not guaranteeing or warranting the safety or security of the Supportive Housing Residents.

G. Ensure that Property Management Agent’s staff is trained on when to call the police, when to communicate with their supervisors and with OSH and the County Service Providers in the event of an emergency.

H. Attend meetings as required by this MOU.

V. Responsibilities of Owner’s Service Coordinator. Owner is responsible for contracting 2 full-time Service Coordinator who will provide information, referral, service coordination and community building activities for all residents of the Project. Owner’s Service Coordinator’s role, as it pertains to the Supportive Housing Residents, is to ensure that the County Service Provider(s) contracted by OSH and offered to the Supportive Housing Residents are informed of resident services provided to all residents within the entire Project. Owner’s Service Coordinator agrees to:

A. Assist the OSH and County Service Provider(s) in outreaching to Supportive Housing Residents to integrate them into the entire Project. This includes informing Service Provider of all residents of resident services provided to all residents at the property so Service Proivder can encourage and support Supportive Housing Resident attendance at such events.

B. Attend meetings as required by this MOU.

C. Notify County Service Provider(s) of unusual, erratic or disruptive behavior it observes in tenants.

It is understood that Owner’s Service Coordinator is not a health care provider or health care professional and has no diagnostic or health related skill set and shall not be held responsible for failing to observe or recognize behavior that might be deemed to be unusual, erratic or disruptive to Supportive Housing Residents.

D. Keep County Service Provider(s) informed of issues affecting the general health and safety of staff and residents at the Project about which the Owner’s Service Coordinator is aware.

E. Notify appropriate County Service Provider(s) staff members of arrests, hospitalizations, and other critical incidents that Owner’s Service Coordinator is aware of as soon as reasonably possible. A 338
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No Cost Memorandum of Understanding between the County of Santa Clara and JHC-Hillview LLC critical incident includes, but it is not limited to distruptive behavior in tenants that could lead to an arrest.

F. Meet with each new Supportive Housing Resident to introduce them to the property and the services provided within the community.

VI. County Responsibilities.

A. Ensure that Supportive Housing Residents are provided supportive services in accordance with the Supportive Services Plan, Attachment E of this Agreement and in accordance with the Housing Authority Agreement for the CHDR program. These services will be provided by County Service Provider(s) who may be County employees or be community-based organizations that are under contract with the County. The primary objective of the Service Provider(s) is to help Supportive Housing Residents obtain and maintain their housing.

B. When using contract providers, ensure that the contractors are compliant with the insurance requirements set forth in their contracts with the County and that the contractors add the Owner and Property Management Agent as additional insureds for the insurance policies to which the County is also an additional insured.

C. Ensure that all duties listed in Sections VII are carried out.

D. If the Owner has concerns about the services provided by an existing service provider, the Owner will communicate these issues to the County. The County and Owner will work collaboratively to select a new service provider.

E. To the greatest extent possible, the County shall minimize the number of different County Service Providers and staff in order to reduce obstacles to coordination with all Project Partners. A contact list will be provided to the Owner and Property Management Agent which will include updated contact information for the Service Provider(s) and which unit the Service Provider(s) is providing services for.

F. Interface with the Property Manager on tenant/landlord issues that may arise.

G. Refer individuals and families to the Project’s Supportive Housing units using the following general guidelines. Generally, households will be referred to Supportive Housing Units in the order in which they enrolled intensive case manangment services. However, the County may refer clients based on the needs of the households, requirements of the Project and the needs of the CCP:

1. Referred households will submit completed application packets within ten (10) days after receiving notice of availability from Property Management Agent. Property Management Agent will fill the vacancy and notify OSH via email if there is failure to provide complete applicant packets within 10 days.
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2. In the event a Supportive Housing Unit is vacant for more than 60 days, the Supportive Housing unit converts to a standard PBV unit for the duration of the Section 8 Housing Assistance Payment (HAP) contract.

H. Through its County Service Provider(s), provide Supportive Housing Residents with ongoing support and mainstream services throughout their tenancy, including participating and attending move in appointments to support Supportive Housing Resident understanding of lease agreements and addenda, late fees, unit transfer process, and ongoing tenancy issues. The level of service may be reduced for Supportive Housing Residents who are able to live more independently and increased for those Supportive Housing Residents needing additional support.

I. As necessary, develop, implement and enforce supportive service agreements among service providers.

J. In the event that a Supportive Housing Resident has vacated his/her unit, the County will assist the Owner, by making reasonable attempts to assist other household members who are residing with the Supportive Housing Resident in finding alternative living accommodations, including, but not limited to, vacant units within the Project to the extent they qualify.

K. Ensure that County Service Provider(s) utilize and adhere to Help Management Information System (HMIS) standards.

L. Assist County Service Providers in conecting Supportive Housing Residents to appropriate services based on residents’ tenancy status and/or their health conditions.

M. Determine the methods, details and means of performing the services to be provided by the County, through its employees, designated community-based organizations or the CCP under this MOU.

N. Attend meetings as required by this project. Ensure that the Supportive Housing Residents’ case managers participate in these meetings as appropriate.

O. Assist, as needed, in the coordination of the Operations Meeting to be attended by management representatives of Project Partners.

P. Inform Owner of changes to pertinent County policies and guidelines.

VII. County’s Service Provider Responsibilities. The County Service Provider provides or coordinates an array of supportive services to help the 132 Supportive Housing Residents obtain and maintain permanent housing and improve their health and well-being. These services are provided in accordance with Attachment E. In addition, the County will put into place a service provider that will agree to the following:

A. Coordinate services with the Owner’s Service Coordinator and Property Management Agent and support community building activities that integrate Supportive Housing Residents into the entire Project.
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No Cost Memorandum of Understanding between the County of Santa Clara and JHC-Hillview LLC B. Participate in weekly and/or monthly operation meetings with Property Manager who agrees to bring to this meeting updated monthly rent rolls. notices served, behavioral issues and concerns with Supportive Housing Residents, housing quality standards issues with Supportive Housing Residents, and other service referrals.

C. Attend meetings with OSH when requested to discuss pertinent Property and/or Supportive Housing Resident issues.

D. When requested, provide appropriate non-legal referrals to Supportive Housing Residents to assist them in meeting tenancy obligations when Property Manager serves warning letters or notices regarding non compliance with leases and house rules.

E. County Service Provider will provide the Owner’s Property Management Agent with their policy on how to handle emergencies during regular business hours, weekends, and after-hours, such as, but not limited to: unusual, erratic or disruptive behavior in tenants, or if a resident’s health, safety, or housing are at risk.

VIII. Confidentiality of Protected Health Information (PHI). Each party agrees to maintain confidentiality of medical and psychiatric records of Supportive Housing Residents as required by law, including, but not limited to, the extent applicable, California Welfare and Institutions Code section 5328 et seq., California Evidence Code section 1010 et seq. and Health Insurance Portability and Accountability Act (“HIPAA”), 45 C.F.R., Parts 160 & 164. Each party agrees that it will not disclose a Program Tenant’s PHI to third parties without the consent of the Program Tenant unless such disclosure is authorized or required by law.

Unlawful disclosure of a Program Tenant’s PHI shall be considered a material breach of this MOU.

IX. Maximum Financial Obligation of the County. The County’s obligations under this MOU are contingent upon the appropriation of sufficient funding by the Federal, State and County sources for the services covered by this MOU. If it becomes apparent to County at any time, in County’s sole discretion, that insufficient funding will exist, or that funding from any source will be discontinued, delayed, denied, reduced, or disallowed for any of the services covered under this MOU, County has the option to either terminate this MOU with no liability occurring to County or to offer an amendment to this MOU indicating the reduced amount. The County agrees to serve a minimum of a six (6) month written notice of program changes and/or termination of program funds.

X. Amendments. This MOU may be amended only by a written instrument signed by the parties to this MOU.

XI. Entire Agreement. This MOU, exhibits and attachments represent the entire agreement between the parties. This MOU supersedes any and all prior or contemporaneous agreements, representations, and understandings between Owner, Owner’s Management Agent, and the County with regard to this subject matter.

XII. Conflicts of Interest. Owner shall comply, and require its subcontractors to comply, with all applicable (i) requirements governing avoidance of impermissible client conflicts; and (ii) federal, state and local conflict of interest laws and regulations including, without limitation, California Government Code section 1090 et. seq., the California Political Reform Act (California Government Code section 87100 et. 341
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No Cost Memorandum of Understanding between the County of Santa Clara and JHC-Hillview LLC seq.) and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification (2 California Code of Regulations section 18700 et. seq.). Failure to do so constitutes a material breach of this MOU and is grounds for immediate termination of thisMOU by the County.

In accepting this MOU, the Parties covenant that they presently have no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of this MOU. The Parties further covenant that, in the performance of this MOU, they will not employ any contractor or person having such an interest. The Parties, including but not limited to the Party’s employees and subcontractors, may be subject to the disclosure and disqualification provisions of the California Political Reform Act of 1974 (the “Act”), that (1) requires such persons to disclose economic interests that may foreseeably be materially affected by the work performed under this MOU, and (2) prohibits such persons from making or participating in making decisions that will foreseeably financially affect such interests.

If the disclosure provisions of the Political Reform Act are applicable to any individual providing service under this MOU, the Parties shall, upon execution of this MOU, provide the County with the names, description of individual duties to be performed, and email addresses of all individuals, including but not limited to the Party’s employees, agents and subcontractors, that could be substantively involved in “making a governmental decision” or “serving in a staff capacity and in that capacity participating in making governmental decisions or performing duties that would be performed by an individual in a designated position,” (2 CCR 18701(a)(2)), as part of the Party’s service to the County under this MOU.

The Parties shall immediately notify the County of the names and email addresses of any additional individuals later assigned to provide such service to the County under this MOU in such a capacity. The Parties shall immediately notify the County of the names of individuals working in such a capacity who, during the course of the MOU, end their service to the County.

If the disclosure provisions of the Political Reform Act are applicable to any individual providing service under this MOU, the Parties shall ensure that all such individuals identified pursuant to this section understand that they are subject to the Act and shall conform to all requirements of the Act and other laws and regulations listed in subsection (A) including, as required, filing of Statements of Economic Interests within 30 days of commencing service pursuant to this MOU, annually by April 1, and within 30 days of their termination of service pursuant to this MOU.

XIII. Assignment. Except as otherwise permitted by this MOU, no assignment of this MOU or of the rights and obligations hereunder shall be valid without the prior written consent of the other party.

XIV. Waiver. No delay or failure to require performance of any provision of this MOU shall constitute a waiver of that provision as to that or any other instance. Any waiver granted by a party must be in writing and shall apply to the specific instance expressly stated.

XV. Governing Law, Venue. This MOU has been executed and delivered in, and shall be construed and enforced in accordance with, the laws of the State of California. Proper venue for legal action regarding this MOU shall be in the County of Santa Clara.

XVI. Counterparts. This MOU may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. 342
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No Cost Memorandum of Understanding between the County of Santa Clara and JHC-Hillview LLC XVII. Severability. If any provision of this MOU is found by a court of competent jurisdiction to be void, invalid or unenforceable, the same will either be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this MOU.

XVIII. Non-discrimination. Owner shall comply with all applicable Federal, State, and local laws and regulations including Santa Clara County’s policies concerning nondiscrimination and equal opportunity in contracting. Such laws include but are not limited to the following: Title VII of the Civil Rights Act of 1964 as amended; Americans with Disabilities Act of 1990; The Rehabilitation Act of 1973 (Sections 503 and 504); California Fair Employment and Housing Act (Government Code sections 12900 et seq.); and California Labor Code sections 1101 and 1102. Owner shall not discriminate against any subcontractor, employee, or applicant for employment because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status in the recruitment, selection for training including apprenticeship, hiring, employment, utilization, promotion, layoff, rates of pay or other forms of compensation. Nor shall Owner discriminate in provision of services provided under this contract because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status.

XIX. Notices. All notices under this MOU will be deemed given when in writing and delivered personally or deposited in the United States mail, postage prepaid, return receipt requested, addressed to the other party at the address set forth below or at such other address as the party may designate in writing.

To the County
Director, Office of Supportive Housing
2310 N. 1st Street, Suite #201
San Jose, Ca 95131
To Owner
JHC-Hillview LLC
c/o Jamboree Housing Corporation
17701 Cowan Avenue, suite 200
Irvine, CA 92614
Attention:Asset Management
Email: [email protected]
To the Property Management Company
Hyder Property Management Professionals
1649 Capalina Road, Suite 500
San Marcos, CA 92069
Attention: Kyle Beach
Email: [email protected]
XX. Insurance and Indemnification. Without limiting the indemnification, each Party shall, at its expense, maintain policies of general and professional liability insurance, or self-insurance as authorized by California Government Code section 990.4, in an amount of at least one million ($1,000,000) per 343
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No Cost Memorandum of Understanding between the County of Santa Clara and JHC-Hillview LLC occurrence and two million ($2,000,000) dollars aggregate, against claims and liabilities arising out of or relating to this MOU. The commercial general liability coverage obtained by each Party through the required insurance shall be endorsed to provide coverage to the County as additional insured. Evidence of such coverage will be presented to the other Party. In the event that such coverage is written on a claims-made basis, each Party shall arrange for appropriate tail coverage consistent with the requirements of this section if / or when such claims-made policy is canceled or not renewed. The provisions of this section shall survive the termination of this MOU. The Parties understand that the foregoing insurance requirements apply only to activities performed pursuant to this MOU and not to any other mental health care or other activities of the parties.

Each Party agrees to indemnify, defend and hold harmless the other Party, its Board members, officers, directors, trustees, principals, partners, members, shareholders, related entities, successors and assigns employees and agents (together "Employees and Agents") from and against any claim, liability, or loss, actions, causes of action, suits, judgments, orders, administrative proceedings, alternative dispute resolution proceedings, fines, penalties, demands, obligations, damages, debts, costs expenses (including without limitation reasonable attorneys' fees) ("Claims"), arising out of or relating to the acts or omissions of the indemnifying party of any of its Employees or Agents in connection with this MOU. The Parties will cooperate with each other in the investigation and disposition of any claim arising out of the activities of the MOU, provided that nothing will require either Party to disclose any documents, records or communications which are protected under the peer review privilege, the attorney-client privilege, or the attorney work-product privilege. The provisions of this section will survive the termination of this MOU and the indemnification and defense obligations hereunder shall extend to Claims occurring after this MOU is terminated as well as while it is in force, and shall continue until it is finally adjudicated that any and all actions against the indemnified parties for such matters which are indemnified herein are fully and finally barred by applicable Laws. The indemnification set forth herein shall include all costs and actual attorney's fees incurred in enforcing this indemnification provision.

XIII. Wage Theft Prevention. (1) Compliance with Wage and Hour Laws: Contractor, and any subcontractor it employs to complete work under this MOU, must comply with all applicable federal, state, and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and any local Minimum Wage Ordinance or Living Wage Ordinance.

This MOU does not constitute a service agreement subject to the requirements of County Ordinance Code section B36 and related County policies.
(2) Final Judgments, Decisions, and Orders: For purposes of this Section, a “final judgment, decision, or order” refers to one for which all appeals have been exhausted. Relevant investigatory government agencies include: the federal Department ofLabor, the California Division of Labor Standards Enforcement, a local enforcement agency, or any other government entity tasked with the investigation and enforcement of wage and hour laws.
(3) Prior Judgments against Contractor and/or its Subcontractors: BY SIGNING THIS MOU, OWNER

AFFIRMS THAT IT HAS DISCLOSED ANY FINAL JUDGMENTS, DECISIONS, OR ORDERS

FROM A COURT OR INVESTIGATORY
GOVERNMENT AGENCY FINDING—IN THE FIVE YEARS PRIOR TO EXECUTING THIS MOU—THAT OWNER HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. OWNER FURTHER AFFIRMS THAT IT HAS SATISFIED AND COMPLIED WITH—OR HAS REACHED 344
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AGREEMENT WITH THE COUNTY REGARDING THE MANNER IN WHICH IT WILL SATISFY—ANY SUCH JUDGMENTS, DECISIONS, OR ORDERS.
(4) Judgments During Term of Contract: If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision, or order finding that Owner or any subcontractor it employs to perform work under this Agreement has violated any applicable wage and hour law, or Owner learns of such a judgment, decision, or order that was not previously disclosed, Owner must inform the Office of the County Executive-Office of Countywide Contracting Management (OCCM), no more than 15 days after the judgment, decision, or order becomes final or of learning of the final judgment, decision, or order. Owner and its subcontractors shall promptly satisfy and comply with any such judgment, decision, or order, and shall provide the Office of the County Executive-OCCM with documentary evidence of compliance with the final judgment, decision, or order within 5 days of satisfying the final judgment, decision, or order. The County reserves the right to require Owner to enter into an agreement with the County regarding the manner in which any such final judgment, decision, or order will be satisfied.
(5) County’s Right to Withhold Payment: Where Owner or any subcontractor it employs to perform work under this MOU has been found in violation of any applicable wage and hour law by a final judgment, decision, or order of a court or government agency, the County reserves the right to withhold payment to Owner until such judgment, decision, or order has been satisfied in full. (6) Material Breach: Failure to comply with any part of this Section constitutes a material breach of this MOU. Such breach may serve as a basis for termination of this MOU and/or any other remedies available under this MOU and/or law.
(7) Notice to County Related to Wage Theft Prevention: Notice provided to the Office of the County Executive as required under this Section shall be addressed to: Office of the County Executive—OCCM; 70 West Hedding Street; East Wing, 11th Floor; San José, CA 95110. The Notice provisions of this Section are separate from any other notice provisions in this MOU and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section.

XIV. Contract Execution. Unless otherwise prohibited by law or County policy, the parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the County.

XV. County No-smoking Policy. Owner and its employees, agents and subcontractors, shall comply with the County’s No-Smoking Policy, as set forth in the Board of Supervisors Policy Manual section 3.47 (as amended from time to time), which prohibits smoking (1) at the Santa Clara Valley Medical Center Campus and all County-owned and operated health facilities, (2) within 30 feet surrounding Countyowned buildings and leased buildings where the County is the sole occupant, and (3) in all County vehicles.
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No Cost Memorandum of Understanding between the County of Santa Clara and JHC-Hillview LLC Attachment A: Second Amended and Restated Memorandum of Understanding between the County of Santa Clara and the Santa Clara County Housing Authority
Attachment B: Tenant Selection Criteria
Attachment C: Screening-In Criteria
Attachment D: Property Management Plan
Attachment E: Services for Supportive Housing
IN WITNESS WHEREOF, the parties have caused this MOU to be entered into as of the day and year of execution of this MOU.

COUNTY OF SANTA CLARA JHC-Hillview LLC
A California limited liability company
__________________________ By: Jamboree Housing Corporation, Consuelo Hernandez, Director a California nonprofit public benefit corporation Office of Supportive Housing
Date: ______________________ Its: Manager
By: ________________________
Michael Massie, Chief Development
Officer

APPROVED AS TO FORM AND LEGALITY
_____________________________
Karen Willis
Deputy County Counsel
Date:_________________________
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SBCOND AMENDED AND RESTATED NO COST MEMORAI\IDUM OF'
UNDERSTANDING BETWEEN THE COUNTY OF SANTA CLARA AND TI{E SANTA

CLARA COUNTY HOUSING AUTHORITY
This Second Amended and Restated Memorandum of Understanding ("Second Amended and Restated MOU") is between the County of Santa Clara ("Counly") and the Santa Clara County Housing Authority (o'Housing Authority"), collectively refened to as the Parties, and is being entered into to establish roles, rights, and responsibilities related to providing permanent supportive housing to eligible individuals and families as defined in the Second Amended and Restated MOU. The Second Amended and Restated MOU replaces and supersedes allprevious MOUs between the County and the Housing Authority.

RECITALS
A. Whereas, the Housing Authority received approval for Moving to Work (MTW) Activity 2009- 05, which established a preference for chronieally homeless individuals and families.

B. Whereas, in 201 l, the Housing Authority established the Chronically Homeless Direct Referal Program ("CHDR") and allocatEd 200 Section I Housing Choice Vouchers to CHDR, tn20l2 allocated an additional 100 vouchers to CHDR, and in 2016 allooated an additional 500 vouchers to CHDR.

C. Whereas, the objective of CHDR is to provide affordable, permanent housing for chronically homeless individuals and families by providing permanent rental subsidies and appropriate supportive services through the collaborative effort of the Housing Authority, the County and other stakeholders âs part of the Care Coordination Project (CCP). The CCP is a countywide coordinated system of carc primarily for chronically homeless individuals and families. It is managed by the County's Office of Supportive Housing and is a collaboration with the Countyn the Housíng Authority, the City of San Jose, Destination: Home, other cities, other public agencies, and various community-based organizations (CBOs) to pool, prioritize and standardize permanent supportive housing.

D. Whereas, in 2012, the Housing Authority and the County entered into an MOU that described the roles and responsibilities of each organization with respect to CHDR and the CCP.

E. Whereas, the Parties entered into a new MOU on January 12,2016 (the "Original MOU").

F. Whereas, the Palties fully entered into an amended and restated MOU on September28,2076, in order to modify CHDR to better meet the needs of homeless individuals and families, maximizE local resources, and make corrections to the Original MOU.

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Approved: 02/06/2018
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G. Whereaso on March 28,2017, the Parties amended and restated the MOU (from September 28, 2016) in order to ensure that Section I subsidies could be utilized as match for Continuum of Care (CoC) grants from the U.S. Department of Housing and Urban Development (HUD).

H. Whereas, the Housing Authority received approval for MTWActivity 2017-2, the Special Needs Direct Ret.erral Program ("SNDR") which established a preference for individuals and families with special needs.

L Whereas, the Parties seek to expand permanent supportive housing programs using SNDR, and ensure that SNDR is coordinated with CHDR (collectively,ooPt'ograms").

J, In consideration of the foregoing Recitals, and the mutual promises and covenants contained in this Second Amended and Restated MOU, the Parties agree that this Second Amended and Restated MOU and its terms and conditions shall supersede and replace the terms and conditions of the First Amended and Restated MOU.

SECOND AMENDED AND RESTATED MOU
TERM
This Second Amended and Restated MOU is effective as of the date it is fully executed, and will continue thereafter until June 30, 2035, unless extended by mutual consent or terminated as provided below in Section IV.

II. ALIGIBLA INDIYIDUALS AND FAMILIES
A. In order to be eligible for either the CHDR or the SNDR, individuals and families must meet all of the following criteria.
l. Through one or more assessment tools, determined to need the assistance of a permanent supportive housing program in order to obtain and/or maintain permanent housing;

2. Meet all of the eligibility criteria for the Section 8 program; and, 3, Be enrolled in the services cornponent of a permanent supportive housing program.

B. Eligibility Criteria for CHDR.

1. Individuals and families who f¿ll under one or more of the following categories are eligible for the CHDR.
i. Chronically homeless individuals and families who meet the United States Department of Housing and Urban Development's ("HUD") definition of chronically homeless that

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Item # 15.
is in effect as published in the Federal Register on the date of their enroliment in case management for permanent supportive housing.
ii. Individuals or families who are participating in other supportive housing programs, but who met or would have met the HUD definition of chronically homelessness at the time that they enrolled in the other supportive housing program. Other supportive housing prcgrams include, but are not limited to, permanent supportive housing programs, rapid-rehousing programs and transitional hoursing programs. iii. Individuals or families who are participating in othel supportive housing programs, who were homeless at the time that they enrolled in the other supportive housing program and is a person with disabilities. Other supportive housing progrâms inclucle, but are not limited to, permanent supportive housing programs, rapid'rchousing programs, and transitional housing programs. This is intended to provide permanent supportive housing to individuals whose disabling conditions may not have been known at the time of their enrollment in the other supportive housing program.

2. For the CHDR program, "Homeless" is defined as:
i. Literatly Homeless. An individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning:
(a) Has a primary nighttime residence that is a public or private place not meant for human habitation;
(b) Is living in a publicly or privately operated shelter designated to provide temporary living arrangements (including congregate shelters, transítional housing, and hotels and motels paid for by charitable organizations or by federal, state and local government programs); or,
(c) Is exiting an institution where (s)he has resided for 90 days or less and who resided in an emergency shelter or place not meant for human habitation immediately before entering that institution.

Or,
ii. An individual or family who is fleeing or attempting to flee domestic violence and:
(a) Has no otherresidence; and,
(b) Lacks the resources or support networks to obtain other petmanent housing

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3. For the CHDR program, o'Homeless person with disabilities" is defined in 42 U.S. Code $ I 1360 (9) as follows.
i. In general the term "homeless individual with a disability" means an individual who ís homeless, as defined in section 11302 of this title, and has a disability that- (a)
(l) is expected to be long-continuing or of indetìnite duration; (2) substantially impedes the individual's ability to live independently; (3) could be ímproved by the provlslorr of more sultable housing conditions; and, (4) is a physical, mental, or emotional impairment, including an impairment caused by alcohol or drug abuse, post-traumatic stress disorder, or brain injury; or, (b) is a developmental disabílity, as defined in section 15002 of this títle; or, (c) is the disease of acquired immunodefrciency syndrome or any condition arising from the etiologic agency for acquired immunodeficiency syndrome. ii. For families, the head of household must meet the definition of "homeless person with disabilities" as defined in Section II B 3 i.

C. Eligibility Criteria for the SNDR Program. In addition to meeting the øiteria specified in Section lI A, individuals and families are eligible for the SNDR program if they meet all three requirements as described in Section II C 1, 2, and 3:
l. Meet at least one of the following conditions
i. An adult with disabilities as defined in Section II B 3 i a, b or c, or, ii. The individual or head of household is an adult with a serious mental illness. Pursuant to Section 1912(c) of the Public Health Service Act, as amended by Public Law 102- 321, "adults with a serious mental illness" are peßons: (l) age l8 and over and (2) who cumently have, or at any time during the past year, had a diagnosable mentai, behavioral, or emotional disorder of sufficient duration to meet diagnostic criteria specified within DSM-V or their ICD-10-CM equivalent (and subsequent revisions) with the exception of substance use disorders and developmental disorders which are excluded, unless they co-occur with another diagnosable serious mental illness (3) that

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has resulted in functional impairment which substantially interferes with or limits one or more major life activities;l or,
iii. Have a child or children with a serious emotional disturbance. Pursuant to Section lgll(c) of the Public Health Service Act, "children with a serious ernotional disturbance" are (l ) flrom birth up to age l8 and (2) who currently have, or at any time during the last year, had a diagnosable mental, behavioral or emotional disorder of sufficient duration to meet diagnostic criteria specified within DSM-V or ICD-10 that resulted in functional impairment which substantially interferes with or limits the child's role or functioning in family, school, or community activities.2

2. And, at time of enrollment in the supportive housing progrâm, the inclividuaf or family has an annual income that is no greater than 30% of the area median income adjusted for household size.

3. Thc SNDR will be prioritized for individuals or families who meet the definitions of homelessness as described in Section II B 2. However, SNDR will also be available to individuals or families who:
i. Are unaccornpanied youih under 25 years of age, or families with children and youth, who: (l) are defined as homeless under the other listed federal statutes; (2) have not had a lease, ownership interest, or occupancy agreement in permanent housing during the 60 days prior to the homeless assistance application; (3) have experienced persistent instability as measured by two moves or more during in the preceding 60 days; and, (4) can be expected to continue in such status fbr an extended period of time due to special needs or barriers.

Or,
ii. Will imminently lose their primary nighttime residence, provided that: (1) Residcnce will be lost within l4 days of the date of application for homeless assistance; (2) No subsequent residence has been identified; and, (3) The individual or famìly lacks the resources or support networks needEd to obtain other permanent housing. The nighttime lesidence may be a rEsidential care facility, residential treatment or crisis stabilization program for substance abuse or mental illness, prison, jail, skilled nursing facility, hospital, or other institution ift
1 Federal Register Volume 58 No. 96 published Thursday, May 20, 1993, pages 29422 through29425 ? Federal Register Volume 58 No, 96 published Thursday, May 20, 1993, pages 29422through29425

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(a) Immediately prior to entering the program/institution, the individual (or family) was literally homeless (Section II B 2 i), was fleeing or attempting to flee domestic violence (Section II B 2 ii), or,
(b) While residing in the program/institution, the individual (ol family) lost their housing due to a foreclosure or eviction.

III. COUNTY ROLES AND RESPONSIBILITIIS
A. The County will refer eligible individuals or families, as defined in thìs Second Amended and Restated MOU, to the "Programs," The programs will provide Section I Housing Choice Vouchers or Project Basod Vouchers to eligible individual and families who are enrolled in case management programs. These case management programs may be operated by the County or community-based organizations under contract with the County, The County will ensure that the clients recEive intensive case management services and/or other ongoing supportive services.

B. The County will designate one manager to serve as the primary liaison to the Housing Authority for the Programs.

C. Related to the applicants or program pafticipants, the County, through its employees or designated community-based organízations, will :

1. Refer eligible i¡rdividuals and families to the Housing Authority by submitting complete refemallapplication packets and all required documentation. Participants will be refered to the Housing Authority by date and time of the eligible partioipants' enrollment in case management services or participants' enrollment in other supportive housing programs.

2. Have experience with the target population, including those who are high users of safety-net services such as emergency and acute health services. The primary objective of the supportive services is to help program partícipants obtain and maintain their housing. The Service Provider integrates case management, clinical services, educational and vocational services and housing services to help chronically homeless índividuals obtain and retain permânent housing. The Service Provider is responsible for helping individuals or families:
a. Enroll, engage and remain engaged in services;
b. Obtain permanent housing as quickly as possible, with the goal of moving into housing within 60 days of enrollment in case management;

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c. Remain housed for at least 12 months or leave the program for other stable and affordable housing situations ;
d. lmprove their health and wellness, an indication of which can be a reduction in the unnecessary utilìzation of emergency and acute health services; e. Improve their self-sufficiency by obtaining and retaining sufficient resoutces to meet their basic needs;
f. Obtain and retain stable income that is greater than or equal to $850 per month; g. Receive appropriate medical and behavioralhealth services; and, h, Meet the goals that they set for themselves with respect to self-sufÏiciency, employrnent, and quality of life.

3. Adhere to the tbllowing key service principles,
a, Housing Filst: Housing is the foundatíon upon which homeless persons can end their homelessness, address their health conditions and improve theìr stability and self-suTficiency, the Service Provider makes every effort to place individuals in housing as quickly as possible with the least number of preconditions. Once housed, even the "hardest to serve" can succeed with proper support. Participation in services is not required. However, participation in services is encouraged, and the Service Provider is required to continually implement çngagement strategies. The only behaviors that might trigger an involuntary exit from the Programs are those assooiated with serious or repeated lease violationso unit abandonment, incarceration, ot' institutionalization. b. Community-based service delivery: The team provídes clinical services in the settings where the participant is most comfortable,
c. Consumer choice: Each participant can define his/her own recovery goals. d. Recovery: Everyone is capable of recovery but ¡t will look different for each person. With stable housing and appropriate services, individuals will become healthier, more stable, happier and more self-sufficient.

Harm reduction: The Service Provider focuses on reducing the negative consequences ofdrug use, not enforcing sobriety.

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f, Success: The Service Provider continually reinforces the possibility of success for each participant, conveying that faith and hope directly to them, so that they eventual[y believe in themselves.
g. The Service Provider maintains a "whatever it takes" approach to meeting the clients' needs and ensures that the changing needs of the clients are met.

4. Service Components. The Service Provider is responsible for:
ù. Outreach, Enrollment, Assessment and Planning
i. Locating each potential client, establishing trust and rapport and enrolling the individual (or family) in the Service Provider's program¡ ii. Conducting assessments to identifu needso eligibility for entitlement programs (e.g., General Assistance) and self-sufficiency needs; iii. Maíntaining appropriate levels of engagement and sustaining clients' belief in recovery; and;
iv. Developing client-centered service plans to obtain and retain housing, improve health conditions, improve daily living activitíes, increase meaningful daily activities and to achieve long-term stability. b. Housing Attainment and Retention
i. Assist clients to obtain and maintain perunanent housing by assisting with rental application processes (and re-cettifications), appeals, and making referals to services that would facilitate tenancy (e.g., financial education progrâms for those who have been accepted on a credit appeal);
ii. Helping the ólient understand lease provisions and propefty requirements;
iii. Assisting clients with their move-ins includìng coordinating furniture and household goods;
iv. Providing clients with the skills/knowledge to be successful tenants;. v. Helping to resolve disputes between the patticipant, property management and/or other residents;
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vi. Helping individuals respond to effectively and appropriately to lease violations;
vii, Responding to crises identifìed by the client, the property management, or other persons (as appropriate) within one business day; viii. Helping clients relocate to other permanent housing when it is in the best interest ofthe client; and,
ix. Performing wellness checks when needed.
c. Treatment and Services. All services are voluntary, connected to a treatment or services plan, responsive to the participant's needs/diagnosis, and geared toward helping them manage symptoms. The Service Provider:
i. Provides or helps clients access primary careo specialty care, dental care and behavioral health services, including substance abuse counseling, Individual and family counseling, crisis interventionlsupport and medication managemenleducation;
ii. Coordinates health services or supports health care providers in their efforts to coordinate health services;
iii. Assists clients in applying for assistance programs including, but not limited to, Medi-Cal and MediCare, Supplemental Security Income, General Assistance and utilities discounts;
iv. Helps clients access ernployment seruices, job training, and/or volunteering opportuniti es;
v. Identifies, encour?ges and helps clíents connect to social netwotks, peer support and leisure activities; and,
vi. Assists clients with other basic needs such as transportation, foodlnutrition, life skills and basic hygiene.
d. Staffing and Service Model. Individuals' complex needs will require interdisciplinary teams to work in a coordinated manner. These teams rnay be part of one or a few organizations operating under the principles of service models suoh as Assertive Community Treatment (ACT). The size and composition of the team may vary depending on target population, case load size and organizational strengths.

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e. Regardless of team compositiort, each client will be assigned a case manager (aka, Intensive Case Manager, Personal Service Coordinator, Service Coordinator, etc.). The case manager is responsible for completing a full assessment, preparing a Treatment Plan, establishing and maintaining a therapeutic relationship with each participant on their caseload, and for coordinating treatment, services, supportive therapy, and crisis management, The case manager is the primary point of contact for property managers and resident services staff. Case managers will be mobile and will deliver most services at or near a client's home. When warranted by case load size, appropriate facilities and client need, case managers will have offìces (or office hours) on site.

5. Staffing ratios and the frequency of services (e.g., case management sessions and home visits) will adapt based on client needs and progress toward goals. The concept is to have extremely low client to staff ratios during the initial engagement and move-in phase. For example, a case manager may work with five or fewer unhoused chronically homeless persons for three to six months before taking on additional clients. During the initial housing phase - the first 12 ta 24 months of housing - case managers would have case loads of 20 or less clients. During these two phases, case managers and service teams may have contact with clients daily or multiple times per week. It is expected that this intensity wi[[ decrease over tirne as needs decrease. a. As needs and service interactions decrease, clients move into the housing retention phase. While all clients remain a paft of the supportive housing progrâm, client to staff ratios may increaseo the service focus may shift to wEllness goals, and the case management role may shift to peer support specialists or community workers who are a part of or working in conjunction with the Service Provider organization(s).
b. Service levels and staffing ratios will revert to higher levels in response to olient-specific needs and situations. Reversion to higher levels of service may be short-term, long-term or permanent. Regardless of how long a client has been housed, County and its Service Provider is responsible for ensuring an adequate level of service to achieve and maintain the goals described in section III A 2.

6. Administrative Activities, The Service Provider is responsible to the County for accurately documenting services for assessrnent, care planning, clinical, billing, program assessment and reporting purposes. For most providers this includes use of or compliance with standards for the Homeless Management Information System and electronic health records for the specíalty mental health and behavioral health system.

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IV. HOUSING AUTHORITY ROLES & RESPONSIBILITIES
A. The Housing Authority will designate one manâger to serve as the plimary liaison to the County for the Programs.

B. The Housing Authority will from tíme to time allocate additional vouchers (Housing Choice or Project-Based) to the Programs. Prior to allocation, the Housing Authority will coordinate with the County to determine service capacity, [n connection with such vouchers, the Housing Authority will perform the following activities:
l. Perform initial eligibility screening as well as the inítial and ongoing income certifìcations for program participant refemals from the County, or its contractot', for qualification of housing and continued eligibility Ìn the Programs.

2. Conduct initial and ongoing Housing Quality Standards inspections in accordance with applicable regulations. At its discretion, the Housing Authority may use qualified, staff, contractors, County staff, or County's contracted service providers.

3. Once a voucher is issued, the Housing Authority will provide the appropriate rental subsidy (Housing Choice Voucher or Project Based Voucher) until such time as the voucher holder exits from the Programs or is terminated in accordance with the Housing Authority's Administlative Plan. Ptogram participants requesting to move from a Project Based Voucher unit with continued assistance may be offeled a Housing Choice Voucher from the progtâm's allocation.
4, The Housing Authority shall make every effortto issue vouchers to eligible participants within ten ( 10) business days after receiving all necessary documents. f ssuing vouchers in a timely manner is critical to enabling clients to be successful in their housing search.

5. The Housing Authority will evaluate the progress of the Programs through onsite or remote monitoring. The evaluation will include, but is not limited to, monitoring the County's performance and provision of matching selices by reviewing quarterly reports and conducting on site audits at least annually, including review of documentation of all supportive services provided and other documentation to ensure program compliance.
6, The Housing Authority will notify the County of any changes to PBV Housing Assistanoe Payment contracts related to SNDR and/or CHDR,

7. The Housing Authority will continue the collaborative efforts with regularly scheduled meetings with the County to monitor and address any program issues including fair housing. These meetings may include weekly rneetings with the Housing Authority

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lease up teamo case managers, property management staff, County managers, managers from organizations providing case management.

8. For initial lease-ups of new developments with more than 10 project-based vouchers, the Housing Authority will assign sufficíent personnel to ensure that the lease-up is efficient and highly coordinated with the County, property management staff, and service providers.

C. To the extent necessary to administer the Programs and to coordinate supportive housing services, and with the appropriately signed Consent Forms and/or Releases of Information, the Housing Authority will take the necessary and appropriate steps to share voucher holders' personal information with the County, property m{rnogers, snd sorvice providors.

D. The Housing Authority will provide the County with the financial and administrative data that is necessary for the County to effectively manage and improve the permanent supportive housing programs associated with CHDR and/or SNDR. Use of the data may include, but not be limited to, determining ttre fu[[ costs of the programs and reporting on match requirements for grants. At a minimum, for each voucher holder, the Housing Authority will inform the County of: 1) the date that the tenant is housed under the program and has permanently left the program;2) the dates when the housing assistance payments ended and/or restarted due to move-outs or move-ins; and, 3) the amount of housing assistance payments.

The information for individual voucher holders would typically be provided to the County and case managers through the regular course of operations. To ensure the accuracy of information among the Parties, the Housing Authority will also provide the County with monthly summary reports for all participants of the Programs. The monthly summary reports will include tenant identifrcation, the date that the tenant is housed under the program and has permanently left the progråm, the curent amount of housíng assistance payments for each tenant, and the dates when the housing assistance payments ended and/or restafied due to move-outs or move-ins.

V. VOUCHERS AS H{JD COC MATCH
A. The Parties agree that vouchers allocated in relation to this Amended and Restated Memorandum of Understanding may be used as in-kind match. The use of vouchers as match to U.S. Department of Housing and Ulban Development (HUD) Continuum of Care (CoC) Program grants is desuibed in AttachmentA, USE OF VOUCHtrRS AS HUD COC MATCH.

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B. The Parties agree that Attachment A may be periodically revised by mutual written approval by the Directorof the County's Office of Supportive Housing and the Housing Authority's Housing Director.

VI. TERMINATION
Either party may terminate this Second Amended and Restated MOU at any time for convenience and without cause, upon providíng a 180-day notice to the other party at the addresses set forth in section XV betow. The notice shall state the effective date of the termination.

YII.ASSIGNMENÏ
The Parties shall not assign or transfer the performance of this Second Amended and Restated MOU to another entity without the priol written consent of the other. Any attempt by the Parties to assign performance of this Second Amended and Restated MOU, any rights, duties or obligations arising herein shall be deemed void.

VIII.ASSURANCE
Each party represents and waruants that it has the authority to entel' into this Second Amended and Restated MOU.

IX. RELATIONSHIP
Nothing contained in this Second Amended and Restated MOU shall be deemed to construe by the Parties or any third party to create the relationship of partners or joint ventures between the Housing Authority and the County.

X. CONFIDENTIALITY
Personally Identifìable Information (PII). Each party agrees to maintain confidentiality of personally identifrable infornation (PII) of Program clients as required by law, including but not limited to the Privacy Act of 1974 (5 U.S,C. $552a et seq.) and the Electronic Government Act of 2002 (44 U.S.C. $l0l et seq.). Each parry agrees that it will not disclose a Program Tenant's PII to third parties without consent of the Program Tenant unless such disclosure is authorized or required by law. Unlawful disclosure of a Program Tenant's PII shall be considered a material breach of this Second Amended and Restated MOU,

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XI. INSURANCE ANDINDEMNIT'ICATION
Without limiting the indemnification, each Party shall, at its expense, maintaín policies of general and professional liability insurance, or selËinsurance as authorized by California Government Code section 990.4, in an amount of at least one million ($1,000,000) per occunence and two million ($2,000,000) dollars aggregate, against claims and liabilities arising out of or relating to this Second Amended and Restated MOU. The commercial general liability coverage obtained by each Party through the required insurance shall be endorsed to provide coverage to the County as additional insured. Evidence of such coverage will be presented to the other Party. In the event that such coverage is written on a claims-made basis, each Party shall arrange for appropriate tail coverage consistent with the requirements of this section if'l or when such claims-made policy is canceled or not renewed. The provisions of this section shall survive the termination of this Second Amended and Restated MOU. The Parties understand that the foregoing insurance requirements apply only to activities performed pursuant to this Second Amended and Restated MOU and not to any other mental health care or other activities of the Parties.

Each Parly agrees to indemnify, defend and hold harmless the other Pafty, its Board members, officers, directors, trustees, principals, paftners, members, shareholders, related entities, successors and assigns employees and agents (together "Employees and Agents") frorn and against any claim, liability, or loss, actions, causes of action, suits, judgments, orders, administrative proceedings, alternative dispute resolution proceedings, ltneso penalties, demands, obligations, damages, debts, costs expens€s (including without limitation reasonable attorneys' fees) ("Claims"), arising out of or relating to the acts or omissions of the indemnifying party of any of its Ëmployeeç or Agents in oonnection with this Second Amended and Restated MOU. The Parties will cooperate with each other in the investigation and disposition of any claim arising out of the activities of the MOU, provided that nothing will require either Party to disclose any documents, records or communications which are protected under the peer review privilege, the attorney-client privilege, or the attorney work-product privilege. The provisions of this section will survive the termination of this Second Amended and Restated MOU and the indemnification and defense obligations hereunder shall extend to Claims occurring after this Second Amended and Restated MOU is terminated as well as while it is in force, and shall continue until it is fïnally adjudicated that any and all actions against the indemnified parties for such matters which are indemnified herein are fully and finally barred by applicable Laws. The indemnification set forth herein shall include all costs and actual attorney's fees incurred in enforoing this indemnifìcation provision.

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XII. SEVERABILITY
lf any provision in this Second Amended and Restated MOU is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in force without being impaired or invalidated in any way.

XIII. AMENDMENTS
This Second Amended and Restated MOU may be amended only by a written instrument signed by the Parties.

XIV. \ryAIVER
No delay or failure to require performance of any provision of this Second Amended and Restated MOU shall constitute a waiver of that provision as to that or any other instance. Any waiver granted by a party must be in writing and shall apply to the specifìc instance expressly stated.

XV. NOTTCES
Notices to the parties in connection with this Second Amended and Restated MOU shall be given personally or by mail, registered or certifìed, postage prepaid with return receipt requested. Mailed notices shall be addressed to the Parties as follows:

County of Santa Clara
Ky Le
Director, Offïce of Supportive Housing
3 I 80 Newbeny Drive # I 50
San Jose, CA 951 l8
Santa C lara Count)LHousin g Authority
Aleli Sangalang
Director of Housing
505 W. Julian St,
San Jose, CA 951 l0
Notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated on the date of delivery.
xvl. GovERNINc LAW, VENUE
This Second Amended and Restated MOU has been executed and delivered in, and shall be construed and enforced in accordance with, the laws of the State of California. Proper venue for legal action regarding this Second Amended and Restated MOU shall be in the County of Santa Clara.

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XVII. COUNTERPARTS
This Second Amended and Restated MOU may be executed in one or more counterparts, each of which shall be dEemed to be an original but all of which together shall constitute one and the same instrument.

XWII. NON-DISCRIMINATTON
The Housing Authority shall comply with all applicable Federal, State, and local laws and regulations including the County's policies concerning nondiscrimination and equal opportunity in contracting. Such laws include but are not limited to the following: Title VII of the Civil Rights Act of 1964 as amended; Americans with Disabilitics Act of 1990; The Rehabilitation Act of 1973 (Sections 503 and 504); Catifornia Fair Employment and Housing Act of 1973 (Government Code sections 12900 et seq.); and California labor code sections ll01 and 1102. The Housing Authority shall not disuiminate against any subcontractor, employee, or applicant for employment because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status in the recruitment, selection for training including apprenticeship, hiring, employment, utilization, promotion, layoff, rates of pay or other forms of compensation. Nor shall Housing Authority discriminate in provision of services provided under this contract because of age, race, color, national origin, ancestry, religion, sex/gender, sexual orientation, mental disability, physical disability, medical condition, political beliefs, organizational affiliations, or marital status.

XWI. CONTRACT EXECUTION
Unless otherwise prohibited by law or County policy, the Parfies agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term "electronic copy of a signed contl'act" refers to a transmission by facsimile, electronic mail, or other electronic means of a copy of an original signed contract in a portable document format, The term "electronically signed contract" meâns a contract that is executed by applying an electronio signature using technology approved by the County.

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ATTACHMENT A
USE OF VOUCHÉRS AS HUD COC MATCH
This auachment desmibes the use of a subset of allocated vouchers as match to a HUD Continuum of Care Grant. Housing Authority agrees to the following use of vouchers as match:

Senter Road Grant (CAf384)
A. The County is a recipient of a grant, known as the "Senter Road" gtant, project identification number CAl384, fi'om HUD through its CoC Programn and the Senter Road grant must serve 80 chronically homeless individuals in a permanent supportive housing program. The County willuse funds flom the HUD CoC Senter Road grant to msst part of its oblígations described in Section III. COLINTY ROLES AND RESPONSIBILITIES of the Second Amended MOU. The Senter Road grant will have a l -year term and is renewable on an ânnual basis for an additional l-year term.

B. 80 vouchers will be dedicated as in-kind match for the Senter Road grant. These vouchers are part of the 500 vouchers allocated to the Chronicaliy Homeless Direct Referral program, committed by the Housing Authority's Board of Commissioners in September 2016.

C. The vouchers will provide rental assistance to the households served by the Senter Road grant.

D. The avetage amount of rental assistance per month for a 1-person household receiving a voucher administered by the Housing Authority was $1,225 as of March 2017. Based on that monthly average, the estimated amount of rental assistance that will be paid and available as in-kind match for this project is $ I
,
I 76,000 per year. The actual amount of
rental assistance provided will be determined on a client-by-client basis and reported at the end ofthe grant year.

E. During the term of the first year of the Senter Road grant and any subsequent t'enewals during which Housing Authority vouchers are used as in-kind match, Housing Authority agrces to maintain and make available for inspection the records documenting the rental assistance provided on behalf of participants.

F. Upon the County's request, the Housing Authority will provide an annual report of the total amount of rental assistanoe payments provided on behalf of the clients served under the Senter Road grant.

Second Street Studios Grant (C41526)
A. The County is a recipient of a grant, known as the "Second Street Studios" grant, project identification nurnber CAl526, from HUD through its CoC Program, and the Second Street Studios grant must serve 134 chronioally homeless individuals in a permanent supportive housing program. The County will use funds from the HUD CoC Second Street Studios grant to meet pad of its obligations described in Section IIL COUNTY

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ROLES AND RESPONSIBILITIES of the Second Amended MOU. The Second Street Studios grant will have a l-year term and is renewable on an ânnual basis for an additional l -year term.

B. 134 vouchers will be dedicated as in-kind match for the Second Street Studios grant, These Project Based Vouchers were approved in 2015.

C. The vouchers will provide rental assistance to the households served by the Second Street Studios grant.

D. The average amount of rental assistance per month for a l-person household receiving a voucher administered by the Housing Authority was $1,225 as of March 2017. Based on that monthly avçrage, the estimated amount of rental assistance thât will be paid and available as in-kind match for this project ís $1,969,800 per year. The actual amount of rental assistance provided will bç determined on a client-by-client basis and reported at the end ofthe grant year.

E. During the terrn of the first year of the Second Street Studios grant and any subsequent renewals during which Housing Authority vouchers are used as in-kind match, Housing Authority âgrees to maintain and make available for inspection the records documenting the rental assistance provided on behalf of patticipants.

F. Upon the County's request, the Housing Authority will provide an annual report of the total amount of rental assistance payments provided on behalf of the clients served under the Second Street Studios grant.

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Milpitas City CouncilAugust 16, 2022

Milpitas City Council
August 16, 2022