REGULAR MEETING OF THE MILPITAS
CITY COUNCIL
September 6, 2022 Milpitas City Council Agenda Page 1
AG E N D A
TUESDAY, SEPTEMBER 6, 2022
CITY COUNCIL CHAMBERS, 455 E CALAVERAS BLVD, MILPITAS, CA 7:00 PM (PUBLIC BUSINESS)
For assistance in the following languages, you may call:
Đối với Việt Nam, gọi 408-586-2400
Para sa Tagalog, tumawag sa 408-586-3051
Para español, llame 408-586-3072
The City Council meeting is held in the City Council Chamber at City Hall, 455 E. Calaveras Blvd., Milpitas and via teleconference/Zoom webinar.
You may watch the Council meeting without providing public comment by accessing it via links here.
Meeting shall be livestreamed - Go to:
Facebook: https://www.facebook.com/CityofMilpitas/
YouTube: https://www.milpitas.gov/youtube
Web Streaming: https://www.milpitas.gov/webstreaming
PUBLIC COMMENT INSTRUCTIONS
Oral public comments may be provided live during the City Council meeting in person or by registering for the zoom meeting in advance. To register you will need to provide an email address (not disclosed) and a name. To minimize technical difficulties, please make sure that you have the latest version of the Zoom Application. Below is the link to register for this meeting only:
https://ci-milpitas-ca-gov.zoom.us/webinar/register/WN_KttXtzD3Su6CeK39B7ZiVA After you register a link will be sent to you to join the City Council meeting in order to give your comments.
All registered meeting attendees who wish to speak must click on the “raise hand” icon when the Mayor calls for public comments. If participating by calling in on your phone, dial *9 to use the “raise hand” feature, and when you are called upon, hit *6 to unmute your phone. Your phone number will be displayed in the live meeting. The Mayor will call the speakers to begin.
All comments provided shall be limited to three minutes or less as determined by the Mayor. All members of the public will be limited to one comment per agenda item, and one comment for non-agenda items.
MILPITAS CITY COUNCIL CODE OF CONDUCT
Be respectful and courteous (words, tone, and body language). Model civility.
Avoid surprises.
Praise publicly and criticize privately.
Focus on the issue, not the person.
Refrain from using electronic devices while on the Council dais. Disclose conflicts of interest and affiliations related to agenda items. Separate governing from campaigning.
The Council speaks with one voice after making policy on issues. Respect the line between policy and administration.
Council will hold one another accountable to comply with this Code of Conduct.
1 September 6, 2022 Milpitas City Council Agenda Page 2
CALL MEETING TO ORDER by Mayor and ROLL CALL by Acting City Clerk (7:00 PM)
PLEDGE OF ALLEGIANCE
INVOCATION (Councilmember Dominguez)
PRESENTATIONS (7:05 PM)
Presentation of Homeless Prevention, Unhoused Services and Bicycle Facility Funding by Assembly Member Alex Lee
National Pain Awareness Month (Proclamation)
National Suicide Prevention Week (Proclamation)
National Preparedness Month (Proclamation)
National Cleanup Day - September 18 (Proclamation)
National Gymnastics Day - September 18 (Proclamation)
PUBLIC FORUM (7:20 PM)
Those in the audience and via Zoom are invited to address City Council on any subject not on tonight’s agenda. In-person speakers wishing to address the Council are requested, but not required to complete a Speaker Card and submit it to the Mayor. In-person speakers will then be asked to come up to the podium and state their name for the record. Those interested in speaking via Zoom may do so by following the instructions on page one (1) of the agenda. Comments may be limited to three (3) minutes or less at the Mayor’s discretion. As an item not listed on the agenda, no response is required from City staff or the Council and no action can be taken. The City Council may instruct the City Manager to place the item on a future meeting agenda.
NOTE: If a member of the public wishes to share any presentation materials for Council consideration, they must be submitted to the Clerk’s Office by email to [email protected] by 12:00 p.m. on the day of the meeting. No presentations will be accepted in person in the Council Chambers.
ANNOUNCEMENTS AND FUTURE AGENDA ITEMS (7:25 PM)
Members of the City Council or City Manager may make brief announcements at this time. Members of the City Council may also suggest future agenda items at this time. For future agenda items, the City Council shall not debate the topic or engage in discussion but shall simply state a “yes” or “no” as to whether to direct the City Manager to place the item on a future meeting agenda. If a majority of the City Council agrees to place an item on a future meeting agenda, the City Manager shall place the item on a future agenda for City Council discussion.
ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS
READING OF THE CITY COUNCIL CODE OF CONDUCT
APPROVAL OF AGENDA
CONSENT CALENDAR (7:30 PM)
Consent calendar items are considered to be routine and will be considered for adoption by one motion. There will be no separate discussion of these items unless a City Councilmember, member of the audience or staff requests the Council to remove an item from (or be added to) the consent calendar. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar.
C1. Receive City Council Calendar of Meetings for September 2022 (Staff Contact: Suzanne Guzzetta, Acting City Clerk, 408-586-3001)
Recommendation: Receive City Council Calendars of Meetings for September 2022.
C2. Approve City Council City Council Regular Meeting minutes of August 16, 2022 (Staff Contact:
Suzanne Guzzetta, Acting City Clerk, 408-586-3001)
Recommendation: Approve City Council Regular Meeting minutes of August 16, 2022. 2 September 6, 2022 Milpitas City Council Agenda Page 3
C3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Suzanne Guzzetta, Acting City Clerk, 408-586-3001) Recommendation: Receive the list of anticipated agenda items for the next regular City Council meeting.
C4. Receive and Review the List of Agenda Items Requested by City Councilmembers (Contact:
Suzanne Guzzetta, Acting City Clerk, 408-586-3001)
Recommendation: Review the list of items that have been requested by City Councilmembers and provide direction to staff as necessary. No substantive discussion about any specific item shall occur and the City Council shall hold all debate about the item until it is scheduled as a full agenda item.
C5. Reconfirm Findings and Determinations Under Resolution No. 9165 and Assembly Bill 361 for the Continuation of Virtual Meetings of the City Council and Legislative Bodies (Staff Contact:
Michael Mutalipassi, City Attorney, 408-586-3040)
Recommendation: Move to reconfirm findings and determinations under Resolution No. 9165 and Assembly Bill 361 for the continuation of virtual meetings of the City Council and Legislative Bodies.
C6. Review and Accept the 2022 Legislative Season Action Report and Direct Staff to Issue a Request for Proposals for Federal and State Legislative Advocacy Services (Staff Contact:
Ashwini Kantak, Assistant City Manager, 408-586-3053, and Walter C. Rossmann, Deputy City Manager, 408-586-3012)
Recommendation: Review and accept the Quarterly Legislative Season Action Report and direct staff to issue a request for proposals for Federal and State Legislative Advocacy Services.
C7. Consider the Recommendations from Mayor Tran for Appointments to the Youth Advisory Commission (Contact: Mayor Tran, 408- 586-3029)
Recommendation: Receive the recommendation from Mayor Tran and approve appointments to the Youth Advisory Commission.
C8. Confirm Appointment of Milpitas Unified School District Representative to the Energy and Environmental Sustainability Commission (Contact: Suzanne Guzzetta, Acting City Clerk, 408- 586-3001)
Recommendation: Confirm appointment of Milpitas Unified School District representative Jared Acosta to the Energy and Environmental Sustainability Commission to an unexpired term ending October 2023.
C9. Approve the 2022 Youth Advisory Commission Scholarship Recipients (Staff Contact: Renee Lorentzen, Director of Recreation and Community Services, 408-586-3409) Recommendation: Approve budget appropriation of $1,500.00 to the Recreation and Community Services Department operating budget for three individual $500.00 Youth Advisory Commission Community Service Scholarships.
C10. Adopt a Resolution Approving a Site Development Permit to Develop a New Two-story, Single- family Residence on a Vacant 4.67-acre Lot Located in the R1-H Single-family Residential Zoning District with a Hillside Combining District at 489 Vista Ridge Drive (Staff Contact: Ned Thomas, Planning Director, 408-586-3273)
Recommendation: Adopt a resolution approving Site Development Permit SD21-0011, subject to the attached Conditions of Approval, for a new two-story, single-family residence on a vacant 4.67-acre lot 3 September 6, 2022 Milpitas City Council Agenda Page 4
located in the R1-H single-family residential zoning district with a hillside combining district at 489 Vista Ridge Drive and making findings of CEQA Exemption.
C11. Approve Change Order No. 1 to the Contract with Trofholz Technologies for the Installation of Card Access Control and Monitoring Systems at Fire Stations in the Amount of $39,162.70, Increasing the Total Project Not to Exceed Amount from $104,324.42 to $143,487.12 (Staff Contact: Roger Lee, Interim Public Works Director, 408-586-2602 and Chris Schroeder, Purchasing Agent, 408-586-3161)
Recommendation: (1) Approve Change Order No. 1 to the contract with Trofholz Technologies for the installation of card access control and monitoring systems at Fire Stations in the amount of $39,162.70, increasing the total project amount not to exceed from $104,324.42 to $143,487.12; and (2) Authorize the City Manager to execute one or more additional change orders related to the project to increase the maximum compensation amount to not to exceed $158,487.12.
C12. Approve and Authorize the City Manager to Execute the Five-Year General Services Agreement with Aramark Uniform Service for Citywide Uniform, Mat, and Linen Services for the not-to- exceed amount of $240,916.30 (Staff Contact: Chris Schroeder, Purchasing Agent, 408-586-3161) Recommendation: Approve and authorize the City Manager to execute the five-year General Services Agreement with Aramark Uniform Service for Citywide Uniform, Mat, and Linen Services for the not-to- exceed amount of $240,916.30.
C13. Approve and Authorize the City Manager to Execute Amendment No. 2 to the Professional Services Agreement with WeHOPE for Mobile Shower, Laundry, and Case Management Services through January 15, 2023 for a Total Contract Amount of Not to Exceed $86,552.00 (Staff Contact: Alex Andrade, Director of Economic Develoment, 408-586-3046, and Robert Musallam, Housing and Neighborhood Services Administrator, 4089-586-3275) Recommendation: Approve and authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement with WeHOPE for Mobile Shower, Laundry, and Case Management Services through January 15, 2023, in the amount of $15,000.00, for a total not to exceed contract amount of $86,552.00.
C14. Authorize and Approve Out-of-State Travel to Columbus, OH for City Manager Steve McHarris to Attend the Annual Conference of the International City/County Management Association to be held September 17 – 21, 2022. (Staff contact: Ashwini Kantak, Assistant City Manager, 408-586- 3053)
Recommendation: Authorize and approve out-of-state travel to Columbus, OH for City Manager Steve McHarris to attend the Annual Conference of the International City/County Management Association (ICMA) to be held September 17 – 21, 2022, for an estimated not-to-exceed amount of $3,500.00 under the approved budget for Conferences/Trainings allocation for the City Manager’s Office.
COMMUNITY SERVICES AND SUSTAINABLE INFRASTRUCTURE (7:35 PM)
15. Review the Proposed Youth Sports Scholarship Program City Council Policy and Provide Feedback to Staff (Staff Contact: Renee Lorentzen, Director of Recreation and Community Services, 408-586-3409)
Recommendation: Review the proposed Youth Sports Scholarship Program City Council Policy and provide feedback to staff.
4 September 6, 2022 Milpitas City Council Agenda Page 5
LEADERSHIP AND SUPPORT SERVICES (8:00 PM)
16. Appoint Members to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Community Task Force (Staff Contact: Walter Rossmann, Deputy City Manager, 408-586-3012)
Recommendation: (1) Approve the appointment of four (4) CEDAW Task Force members; and (2) consider Mayor's appointment of a City Councilmember to the CEDAW Task Force and move to confirm the appointment.
17. Introduce an Ordinance of the City Council of the City Of Milpitas Adding Chapter 9 (“Use of Rights-of-Way and Public Property”) to Title X (“Streets and Sidewalks”) of the Milpitas Municipal Code and Adding Section X-10-1.03 to Chapter 10 (“Structures or Objects on Sidewalks or Public Ways”) to Title X (“Streets and Sidewalks”) of the Milpitas Municipal Code (Staff Contact: Michael Mutalipassi, City Attorney, 408-586-3041) Recommendation: Following the City Attorney’s reading aloud the title, move to waive the reading beyond the title and introduce an Ordinance of the City Council of the City of Milpitas Adding Chapter 9 (“Use Of Rights-of-way and Public Property”) to Title X (“Streets and Sidewalks”) of the Milpitas Municipal Code and adding Section X-10-1.03 to Chapter 10 (“Structures or Objects on Sidewalks or Public Ways”) to Title X (“Streets and Sidewalks”) of the Milpitas Municipal Code.
18. Review the List of Agenda Item Requests From Individual Councilmembers and Provide Direction to Staff, Through the Prioritization Process, on Groups 1 Items; Provide Additional Clarification to Staff, If Any, on Group 2 Items and Direct staff to return with a draft City Council Policy titled “City Council Request Prioritization Policy” formalizing the process (Staff Contact:
Ashwini Kantak, Assistant City Manager, 408-586-3053; Walter C. Rossmann, Deputy City Manager, 408-586-3012)
Recommendation: (1) Review list of agenda item requests from individual Councilmembers and provide direction to staff, through the prioritization process, on which Group 1 items should be advanced; (2) Provide additional input to staff, if any, on Group 1 items that received Council direction to advance and all Group 2 items; and (3) Direct staff to return with a draft City Council Policy titled “City Council Request Prioritization Policy”.
19. Consider Nomination of a Member of the City Council to the Santa Clara County Unhoused Task Force for Appointment by the Santa Clara County Board of Supervisors (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3053)
Recommendation: Consider Mayor’s nomination of a Member of the City Council to the Santa Clara County Unhoused Task Force and move to confirm the nomination for Appointment by the Santa Clara County Board of Supervisors.
ADJOURNMENT (10:30 PM)
KNOW YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE
Government’s duty is to serve the public, reaching its decisions in full view of the public. Commissions and other City agencies exist to conduct the people’s business. This ordinance assures that deliberations are conducted before the people and City operations are open to the people’s review. For more information on your rights under the Open Government Ordinance or to report a violation, contact the City Attorney’s office at Milpitas City Hall, 455 E. Calaveras Blvd., Milpitas, CA 95035 e-mail:[email protected] / Phone: 408-586-3040
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The Open Government Ordinance is codified in the Milpitas Municipal Code as Title I Chapter 310 and is available online at the City’s website www.ci.milpitas.ca.gov by selecting the Milpitas Municipal Code link.
Materials related to an item on this agenda submitted to the City Council after initial distribution of the agenda packet are available for public inspection at the City Clerk’s office at Milpitas City Hall, 3rd floor 455 E. Calaveras Blvd., Milpitas and on City website. City Council agendas and related materials can be viewed online: www.ci.milpitas.ca.gov/government/council/agenda_minutes.asp (select meeting date)
APPLY TO SERVE ON A CITY COMMISSION
Commission application forms are available online at www.ci.milpitas.ca.gov or at Milpitas City Hall.
Contact the City Clerk’s Office at 408-586-3001 for more information.
If you need assistance, per the Americans with Disabilities Act, for any City of Milpitas public meeting, please call the City Clerk at 408-586-3001 or send an e-mail to [email protected] prior to the meeting. You may request a larger font agenda.
6 Updated 9/2/22
MILPITAS CITY COUNCIL CALENDAR
September 2022
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 5:30 PM-Santa Clara VTA Board
of Directors (CM)
5:30 PM-Milpitas Chamber of
Commerce Board (EC)
2 3
4 5
CITY HOLIDAY
City Hall Closed
6 7:00 PM-City Council
7 2:00 PM-Santa Clara VTA
Monthly Briefing - Northeast
Group (CM)
7:00 PM-Community Advisory
Commission (EC)
8 4:00 PM-Santa Clara VTA Policy
Advisory Committee (AP)
4:00 PM-Treatment Plant
Advisory Committee (CM)
7:00 PM-Cities Assoc of SCC
(CM)
7:00 PM-Youth Advisory
Commission (EC)
9 7:00 PM-Lantern Festival (Civic
Center Plaza)
10 11 12
4:30 PM-Economic Development
and Trade Commission (KD)
7:00 PM-Parks, Recreation &
Cultural Resources Commission
(CM)
13 4:00 PM-Milpitas HOPE Suicide
Prevention Task Force
5:00 PM Odor Reduction Ad Hoc
Subcommittee (RT/CM)
6:00 PM-Community Workshop
#3 for the Draft Housing Element
(virtual)
14 7:00 PM-Planning Commission
7:00 PM-Silicon Valley Clean
Energy Board of Directors (EC)
15 9:00 AM-Milpitas SMART Kick-
Off Event (Milpitas City Hall
Parking Lot)
10:00 AM-VTA Congestion
Mgmt Prog Plng Comm. (CM)
5:30 PM-Measure F Oversight
Committee
6:30 PM-Bay Area Water Supply
Conserv Agency (CM)
7:00 PM-Public Safety and
Emergency Preparedness
Commission (KD)
16 9:00 AM-Special VTA Board
Workshop (CM)
*4:30 PM-City Council Finance
Subcommittee (RT/CM)
17 18 19
7:00 PM-Science, Technology,
and Innovation Commission (RT)
7:00 PM-Library and Education
Commission (Milpitas Library)
(EC)
20 ?:00 PM-Closed Session
7:00 PM-City Council
21 6:00 PM-Energy and
Environmental Sustainability
Commission (EC)
22 4:00 PM-Silicon Valley Regional
Interoperability Authority
(SVRIA) (KD)
23 4:00 PM-City/School
Collaborative Subcommittee-City
Hosting (RT/CM)
24 25 26
7:00 PM-Arts Commission (RT)
27 28
7:00 PM-Planning Commission
29 30
*Finance Subcommittee will meet only as needed
August 2022
S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31
October 2022
S M T W T F S
1 2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30 31
League of CA Cities Annual Conference and Expo, Long Beach CA: City Manager McHarris 7 Item # C1.
REGULAR MEETING OF THE MILPITAS
CITY COUNCIL
August 16, 2022 Milpitas City Council Minutes Page 1
M I NU TE S
TUESDAY, AUGUST 16, 2022
CITY COUNCIL CHAMBERS, 455 E CALAVERAS BLVD, MILPITAS, CA 7:00 PM
The City Council of the City of Milpitas convened on the regular City Council meeting day of June 21, 2022, in the City Council Chamber at City Hall, 455 E. Calaveras Blvd., Milpitas, and via teleconference/Zoom webinar.
CALL MEETING TO ORDER by Mayor and ROLL CALL by Acting City Clerk Mayor Tran called the regular City Council meeting to order at 7:03 PM. Roll call was taken by Acting City Clerk Guzzetta.
PRESENT: Mayor Tran, Vice Mayor Montano, Councilmembers Chua, and Phan.
ABSENT: Councilmember Dominguez.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Tran.
INVOCATION
Councilmember Phan led the invocation.
PRESENTATIONS
Councilmember Chua presented a proclamation recognizing Women's Equality Day.
Vice Mayor Montano presented commendations to members of the Milpitas North Valley PAL 12U All Stars
Mayor Tran and members of the City Council presented a commendation and Key to the City to outgoing Public Works Director Tony Ndah.
PUBLIC FORUM
The following people spoke under Public Forum:
1. Warren J. Wettenstein, Milpitas Chamber of Commerce
2. Carol Chang
3. Isaac Stringer
4. Frank Bush
5. Andrew Fry
6. Christopher Denise
7. Anil Patel
8. Brian Estes, Olinger’s Real Estate
9. Inderjit Mundra, Milpitas Chamber of Commerce
8 Item # C2.
August 16, 2022 Milpitas City Council Minutes Page 2
ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
Councilmember Chua made the following requests:
1. City Manager or Deputy City Manager to look into underutilized areas of parks or a portion of parks not being used and develop for use in the future.
2. City Attorney investigate moving the City Clerk’s office into a direct report to the City Council.
Vice Mayor Montano announced the recent first celebration in Milpitas for Indian Independence Day.
She made the following request:
1. Discuss converting vacant lot that was a basketball court into a community garden at Vasona and Adobe.
Vice Mayor Montano noted that she received a letter from First Five thanking the City for funding future childcare programs.
Mayor Tran recognized individuals responsible for bringing Pickleball to Milpitas Parks including Public Works Director Tony Ndah and Councilmember Chua.
ANNOUNCEMENT OF CONFLICT OF INTEREST
City Attorney Mutalipassi asked the Mayor and City Councilmembers if they had any personal conflicts of interest. By roll call, there were no conflicts of interest. City Attorney Mutalipassi asked the Mayor and City Councilmembers if they had any reportable campaign contributions. By roll call, there were no reportable campaign contributions.
READING OF THE CITY COUNCIL CODE OF CONDUCT
Mayor Tran read the Code of Conduct.
APPROVAL OF AGENDA
Motion: to approve the August 16, 2022 Regular Meeting Agenda and postpone Item C5 to September 6, 2022.
Motion/Second: Mayor Tran / Vice Mayor Montano
Motion carried by the following:
AYES: Councilmembers Chua, Phan, Vice Mayor Montano, Mayor Tran NOES: None
ABSENT: Councilmember Dominguez
CONSENT CALENDAR
Motion: to approve the consent calendar and postpone Item C5 to September 6, 2022.
Motion/Second: Mayor Tran / Vice Mayor Montano
Motion carried by the following:
AYES: Councilmembers Chua, Phan, Vice Mayor Montano, Mayor Tran NOES: None
ABSENT: Councilmember Dominguez
9 Item # C2.
August 16, 2022 Milpitas City Council Minutes Page 3
C1. Receive City Council Calendars of Meetings for August and September 2022 (Staff Contact:
Suzanne Guzzetta, Acting City Clerk, 408-586-3001)
Received City Council Calendars of Meetings for August and September 2022.
C2. Approve City Council Special Meeting minutes of August 9, 2022 (Staff Contact: Suzanne Guzzetta, Acting City Clerk, 408-586-3001)
Approved City Council Special Meeting minutes of August 9, 2022.
C3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Suzanne Guzzetta, Acting City Clerk, 408-586-3001) Received the list of anticipated agenda items for the next regular City Council meeting.
C4. Receive an Update on the Emergency Replacement of Two (2) Boilers and Install of a Temporary Heating System for the Public Works, Information Technology, and Police Department Building and Determine that the Condition Continues to Constitute an Emergency (Staff Contact: Tony Ndah, Public Works Director, 408-586-2602)
Received an update on the emergency replacement of two boilers and the installation of a temporary heating system for the Public Works, Police and Information Technology Department buildings; and (2) Determine by a four-fifths vote that the condition continues to constitute an emergency.
C5. Waive the Second Reading and Adopt Ordinance No. 38.846 Amending Sections of Chapter 10, Title XI of the Milpitas Municipal Code Relating to Non-Residential Building Heights in Certain Zoning Districts (Staff Contact: Ned Thomas, Planning Director, 408-586-3273) Postponed to September 6, 2022 Regular City Council meeting.
C6. Waive the Second Reading and Adopt Ordinance No. 38.847 Amending Sections of Chapter 10, Title XI (Zoning) and Sections of Chapter 213, Title V (Noise Abatement) of the Milpitas Municipal Code Relating to Outdoor Music as an Accessory Use to Bars and Restaurants and Aligning the Review and Permitting Requirements for Special Events with the City’s Current Fee Schedule (Staff Contact: Ned Thomas, Planning Director, 408-586-3273) Moved to waive the second reading and adopted 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 C7. Approve Report of Actions Taken by the City Manager During the City Council Summer Recess from June 21 through August 9, 2022 (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3056)
Approved report of actions taken by the City Manager during the City Council Summer Recess from June 21 through August 9, 2022.
C8. Authorize and Approve Travel to Long Beach, CA for City Manager Steve McHarris to Attend the Annual Conference of the League of California Cities to be held September 7 – 9, 2022; and Appoint City Manager Steve McHarris as the City’s voting delegate for the 2022 Annual Conference. (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3053) Authorized and approved travel to Long Beach, CA for City Manager Steve McHarris to attend the Annual Conference of the League of California Cities held September 7 – 9, 2022, for an estimated not- 10 Item # C2.
August 16, 2022 Milpitas City Council Minutes Page 4
to-exceed amount of $2,000 budgeted under Conferences/Trainings allocation for the City Manager’s Office; and Appointed City Manager Steve McHarris as the City’s voting delegate for the 2022 Annual Conference.
C9. Adopt a Resolution Approving the City of Milpitas Investment Policy for Fiscal Year 2022-23 (Staff Contact: Lauren Lai, Director of Finance, 408-586-3111) Adopted Resolution No. 9188 of the City of Milpitas approving the Investment Policy for FY 2022-23.
C10. Approve Updates to the Commissioner Handbook, Commission Bylaws, and the Bylaw Addendums for the Economic Development and Trade Commission, the Science, Technology and Innovation Commission, and the Youth Advisory Commission (Staff Contact: Suzanne Guzzetta, Acting City Clerk, 408-586-3001)
Approved updates to the Commissioner Handbook, Commission Bylaws, and the Bylaw Addendums for the Economic Development and Trade Commission, the Science, Technology and Innovation Commission, and the Youth Advisory Commission.
C11. Receive and Review the FY 2021-22 Annual Report of Sole Source Contracts (Staff Contact: Lauren Lai, Finance Director, 408-586-3111)
Received and reviewed the FY 2021-22 Annual Report of Sole Source Contracts.
PUBLIC HEARINGS
12. Conduct a Public Hearing and Approve the 2022 Report on Compliance with Public Health Goals for Drinking Water (Staff Contact: Tony Ndah, Public Works Director, 408-586-2602) Public Works Director Ndah presented the staff report.
Mayor Tran opened the public hearing
There were no public speakers.
Mayor Tran closed the public hearing.
Motion: To accept and approve the 2022 Report on Compliance with Public Health Goals for Drinking Water in accordance with provisions of the California Health and Safety Code
Motion/Second: Mayor Tran / Councilmember Chua
Motion carried by the following:
AYES: Councilmembers Chua, Phan, Vice Mayor Montano, Mayor Tran NOES: None
ABSENT: Councilmember Dominguez
COMMUNITY DEVELOPMENT
13. Economic Development and American Rescue Plan Act Economic Vitality Investment Framework Update (Staff Contact: Alex Andrade, Director of Economic Development, 408-586- 3046)
Director of Economic Development Andrade and Special Project Associate Truong presented the report. Director of Economic Development Andrade responded to questions from Council. 11 Item # C2.
August 16, 2022 Milpitas City Council Minutes Page 5
There were the following speakers:
1. A member of the public
2. Wendi Mahaney-Gurahoo
3. Antonio Fuentes
Vice Mayor Montano asked staff to investigate adding anti-theft signs in shopping centers as part of the framework. Assistant City Manager Kantak responded that Council Prioritization included an item on safety in Milpitas shopping centers.
After discussion, Council received the update.
14. Receive Progress Report on the Work Completed from Raimi and Associates and City Staff on the Milpitas Residential and Mixed-Use Objective Design Standards, Discuss Project Objectives and Priorities, and Provide Feedback on the Public Draft (Staff Contact: Ned Thomas, Planning Director, 408-586-3273 and Jay Lee, Principal Planner, 408-586-3077) Planning Director Thomas introduced the report. Raimi & Associates Consultant Sensenig presented the report.
There were no public speakers.
Vice Mayor Montano asked if the depth of retail space on the ground floor in Mixed Use Developments be covered as part of the Objective Design Standards.
Councilmember Phan asked to explore including pre-approved plans for smaller scale projects such as ADUs to further incentivize and streamline the process. Planning Director Thomas indicated that preapproved plans for ADUs have been the subject of conversation between the Planning Department and Building Safety & Housing Department several times and will be considered separately for a future update.
After discussion, Council received the report.
15. Receive a Report on the Homekey Project at 1000 Hillview Court (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3056)
Received a Report on the Homekey Project at 1000 Hillview Court.
Assistant City Manager Kantak introduced the report. Jamboree Chief Impact Officer George Searcy presented the report joined by Director Consuelo Hernandez from the Santa Clara County Office of Supportive Housing, and Hyder Regional Manager Paige Range. Police Chief Hernandez and Fire Chief Sherrard presented Calls for Services data showing a significant increase of public safety resources dedicated since the opening of Project Homekey.
Mayor Tran expressed concern about crime and its effect on the surrounding neighborhood and noted he was looking to Jamboree to play a pivotal role in area safety. He asked for the following:
1) Provide an estimate of the Fiscal Impact of Public Safety response to 1000 Hillview Court. 2) Jamboree coordinate with City contractual services related to removing shopping carts. 3) Partner with Milpitas Police Department for periodic canine patrols. 4) Property owner put up fencing around the property to limit tenant spillover into neighboring properties.
Councilmember Chua recommended the onsite property management figure out a policy for utilizing the onsite property management team rather than public safety for those calls they can handle. 12 Item # C2.
August 16, 2022 Milpitas City Council Minutes Page 6
Councilmember Phan asked to have a report of success stories and to hear more about outreach efforts to get Milpitas unhoused residents registered for and applied to the program.
There were the following speakers:
1. Allysson McDonald
Vice Mayor Montano commented that the screening process needs to be improved and recommended sending a letter providing crime statistics from the staff presentation to Supervisor Otto Lee and asking if the County would fund a full-time police officer for the Homekey Site.
Mayor Tran directed staff to draft a letter from Vice Mayor Montano and Councilmember Chua to Supervisor Otto Lee requesting county funding to fund one full-time police officer for the 1000 Hillview Court site. Councilmember Chua asked to include language to the Supervisor asking to provide additional funding for a Supportive Housing Specialist to address mental health, drug and alcohol issues for the site.
After discussion, Council received the report.
COMMUNITY SERVICES AND SUSTAINABLE INFRASTRUCTURE
16. Discuss the Formation of a City Council Ad Hoc Naming Subcommittee and Appoint the Subcommittee Members (Staff Contact: Renee Lorentzen, Director of Recreation and Community Services, 408-586-3409)
Postponed to the November 15, 2022 Regular City Council Meeting.
LEADERSHIP AND SUPPORT SERVICES
17. Review the List of Agenda Item Requests From Individual Councilmembers and Provide Direction to Staff, Through the Prioritization Process, on Groups 1 Items; Provide Additional Clarification to Staff, If Any, on Group 2 Items and Direct staff to return with a draft City Council Policy titled “City Council Request Prioritization Policy” formalizing the process (Staff Contact:
Ashwini Kantak, Assistant City Manager, 408-586-3053; Walter C. Rossmann, Deputy City Manager, 408-586-3012)
Motion: To postpone to September 6, 2022 Regular City Council Meeting.
Motion/Second: Mayor Tran / Councilmember Chua
Motion carried by the following:
AYES: Councilmembers Chua, Phan, Vice Mayor Montano, Mayor Tran NOES: None
ABSENT: Councilmember Dominguez
ADJOURNMENT
Mayor Tran adjourned the meeting at 11:26pm.
Draft meeting minutes submitted by Acting City Clerk, Suzanne Guzzetta
13 Item # C2.
TENTATIVE CITY COUNCIL AGENDA ITEM LIST
as of 9/1/2022
September 20, 2022 – 3rd Tuesday
CLOSED SESSION
INVOCATION (assigned to Councilmember Dominguez)
PRESENTATION
Ovarian Cancer Awareness Month (Proclamation)
Hispanic Heritage Month (Proclamation)
CONSENT CALENDAR
1. Receive City Council calendar for September and October 2022 (Suzanne Guzzetta)
2. Approve City Council Regular Meeting Minutes of September 6, 2022 (Suzanne Guzzetta)
3. Preview list of items for October 4, 2022 (Suzanne Guzzetta)
4. Councilmember Request List (Suzanne Guzzetta)
5. Adopt a Resolution Updating the Conflict of Interest Code in 2020 and Amending List of Designated Disclosure Positions for the City of Milpitas (Suzanne Guzzetta and Michael Mutalipassi)
6. Approve City of Milpitas Commission Work Plans for FY 2022-23 (Walter Rossmann and Ashwini Kantak)
7. Q4 Fiscal Update (Lauren Lai)
8. Authorize the City Manager to Execute a Master Encroachment Agreement for Mobilitie, LLC, a Nevada Limited Liability Company for Installation of Network Facilities Within Public Right-of-Way (Steve Erickson and Roberto Alonzo)
9. Real Estate Broker Agreement (Alex Andrade)
10. Adopt a Resolution Authorizing the City Manager to Execute a Sole Source Annual Renewal Purchase Order with CentralSquare Inc. for Maintenance and Support of the Public Safety Computer Aided Dispatch System for $129,264.92 (Daniel Nam)
11. Approval of City Manager Travel to Anaheim, CA to Attend American Planning Association California 2022 Conference 10/1 to 10/4 (Ashwini Kantak)
12. Second reading of an Ordinance Adding Chapter 9 to Title X and Section 1.03 to Chapter 10 of Title X of the Milpitas Municipal Code Relating to Use of Rights-of-Way and Public Property and Structures or Objects on Sidewalks or Public Ways (Michael Mutalipassi)
PUBLIC HEARING
13. Draft CAPER FY 2021-2022 (Alex Andrade)
14. Re-introduce Zoning Ordinance Amendment on Maximum Building Heights (Ned Thomas)
COMMUNITY DEVELOPMENT
15. Draft Housing Element (Alex Andrade)
14 Item # C3.
LEADERSHIP
16. Proposed plan for State Funding (Ashwini Kantak and Walter Rossmann)
15 Item # C3.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
1 Discuss converting vacant lot that was a basketball
court into a community garden at Vasona and
Adobe Montano 8/16/2022
Item will be brought forward as part of the
next City Council additional workplan items
prioritization in December/January
2 City Attorney investigate moving the City Clerk’s
office into a direct report to the City Council. Chua 8/16/2022 3 City Manager or Deputy City Manager to look into
underutilized areas of parks or a portion of parks not
being used and develop for use in the future. Chua 8/16/2022 Item will be brought forward as part of the
next City Council additional workplan items
prioritization in December/January
4 City Manager look into implementing a workshop for
small businesses on the bidding process for
projects in the city Chua 8/9/2022
Item will be brought forward as part of the
next City Council additional workplan items
prioritization in December/January
5 Memory bench at Sunny Hills Park for one of the
founders, Dave Vohlberg, and to explore other
historical plaques or benches to remember our
history Tran 8/9/2022
Item will be brought forward as part of the
next City Council additional workplan items
prioritization in December/January
6 Review of the Milpitas Chamber of Commerce
previously approved request for funding including a
financial report dating back 12 months and the
workplan for the Art & Wine Festival Tran 8/9/2022
Staff is working with the Chamber to obtain
the requested documentation
7 City Staff apply for the "Better Cities for Pets"
Certification Tran 6/21/2022
Item will be brought forward as part of the
next City Council additional workplan items
prioritization in August/September
8 Waive fees for family fundraiser at Milpitas Skate
Park Dominguez 6/14/2022
Staff facilitated the renting of requested City
facilities; however, the applicant was not
eligible for receiving a fee waiver.
9 Establish a SPAR fund modelled after the City of
Mountain View - sets asides moneys for
opportunities to buy real estate Montano 6/7/2022
Item will be brought forward as part of the
next City Council additional workplan items
prioritization in August/September
10 Memorial Plaque in honor of youth skateboarder
that passed away Montano 6/7/2022
Item will be brought forward as part of the
next City Council additional workplan items
prioritization in August/September
11 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 Item will be agendized for the August 16 City
Council meeting including the crime data
related to the Homekey Project
12 Quarterly or Monthly crime statistics on Homekey
Project Chua 6/7/2022
PD will present quarterly reports starting in
November 2022.
13 Funding to hire a consultant for the Sunnyhills
Historical Designation on a state level Tran 6/7/2022
Request will be included with the Historic
Resources Master Plan project approved as
part of the 2023-2027 Capital Improvement
Program.
14 Local Boy Scouts Fee Waiver for Eagle Scout
Ceremony Tran 6/7/2022
Staff arranged for a non-profit organization to
sponsor the Boy Scouts and plans to bring
forward the fee waiver request, if eligible, for
Council consideration in September.
15 Prepare Vision Zero Action Plan Tran 6/7/2022
Item will be brought forward as part of the
next City Council additional workplan items
prioritization in August/September
OPEN REQUESTS
NOTE: Deferred and Completed Items are not listed16
Item # C4.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
16 Requested the City create a youth scholarship fund
for under privileged kids to
play sports Montano 5/17/2022
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.
17 Consider policies to regulate automated equipment
that would replace a position typically filled by an
employee. Phan 4/19/2022
Item will be brought forward as part of the
next City Council additional workplan items
prioritization in August/September
18 Explore the use of roundabouts as a traffic calming
mechanism Dominguez 4/19/2022
Item will be brought forward as part of the
next City Council additional workplan items
prioritization in August/September
19 Explore the policy for locking mechanisms on
shopping carts for large commercial businesses Tran 4/19/2022 Item will be brought forward as part of the
next City Council additional workplan items
prioritization in August/September
20 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
Staff issued an Information Memorandum on
August 12, 2022. At the gun buyback event
held on May 22, 2022, ghost guns were
bought back for $200 vs. handguns and rifles
for $100.
21 Explore an ordinance or policy to reduce thefts and
increase security in the commercial retail parking
areas Chua 4/5/2022
Item will be brought forward as part of the
next City Council additional workplan items
prioritization in August/September
22 Request for Crossing Guards at McCandless and
Montague Expressway and review wages for
Crossing Guards Montano 4/5/2022
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.
23 Host a Town Hall at City Hall in January, February,
and March for the community to share comments
about the issue of the unhoused. Tran 11/2/2021
This item was postponed by Mayor Tran due
to the Omicron variant and a rise in COVID-
19 cases
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
24 Create a plan for future solar paneling at City
facilities Montano 3/1/2022
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
25 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
4/19/2022 direct the City Attorney to make the
recommended changes to the Municipal
Code to remove and prohibit property in
public. The ordinance is brought forward for
Council consideration at the Sept. 6, 2022
City Council meeting.
26 Evaluate reopening the childcare center with a non-
profit organization running the center Montano 2/1/2022 Approved during Spring Quarterly City
Council Workplan Items Prioritization
Discussion on 5/03/2022.
ACTIVE REQUESTS
NOTE: Deferred and Completed Items are not listed17
Item # C4.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
27 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 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.
28 Explore a lease for the vacant land adjacent to the
Library for City use Tran 1/18/2022
Discussed at Spring Quarterly City Council
Workplan Items Prioritization Discussion;
Approved to move forward at the 5/03/2022
meeting;
29 Requested that staff study the placement of a City
sign for the Milpitas Police Department and explore
the cost of a new sign Dominguez 1/18/2021
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
December 2022
30 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
Discussed at Spring Quarterly City Council
Workplan Items Prioritization Discussion;
Approved to move forward at the 5/03/2022
meeting
31 Staff to look into mural Art on Great Mall Parkway
on the VTA owned Light rail pillars Montano 11/16/2021
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 one site
32 Have a picture of Albert Vogel Sr. put up in the
Senior Center Montano 10/19/2021
Approved to move forward at the 1/11/2022
Council meeting; Staff engaged the artist of
the existing mural regarding this Council
approved item.
33 Requested the City extend the outdoor dining
options through March of next year Phan 9/21/2021
Planning Director to provide information on
current outdoor dining extension
34 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
Staff will include the stem cell donor
information in regularly scheduled wellness
event
35 Include a bust of Maria Lemire on the Mural in front of the Senior Center Montano 8/17/2021
Approved to move forward at the 1/11/2022
Council meeting; Staff engaged the artist of
the existing mural regarding this Council
approved item.
36 City to highlight mental health resources on the
website Dominguez 8/17/2021
Staff issued an Information Memorandum on
August 1, 2022
37 Look into allowing outdoor music and would like the
ordinance brought back to Council. Montano 8/5/2021
Approved to move forward at the 1/11/2022
Council meeting; scheduled for 8/9/22 City
Council Meeting
38 Look into opening up the Senior Center on
Saturdays for half a day Chua 8/5/2021
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.
NOTE: Deferred and Completed Items are not listed18
Item # C4.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
39 Look into bringing back a roller rink Montano 8/5/2021 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
40 Requested that the City have mini-libraries in the
low-income areas of the City. Montano 4/20/2021
8/09/2021 Council voted 3-1-1 to move this
item forward, staff to follow up with Vice
Mayor Montano on specific vision. Staff met
with the Vice Mayor. The City will continue to
facilitate libraries as needed but will not take
a lead role in funding or operating them.
41 Staff to create a plan on how to increase the
number of local businesses doing business with the
City Chua 4/6/2021
At 8/9/2021 Council meeting, Council voted
that this item may have to come back for
additional discussion because there may be
some legal considerations.
42 Staff to provide information on a landmark policy for the City of Milpitas Tran 3/16/2021
8/09/2021 Council voted 5-0 to move this
item forward; this item will be included for
funding consideration in the development of
the FY 2023-27 CIP for assessment of
historical and cultural resources and
development of landmark policy; 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.
43 Amendment to the existing ordinance for third-party
food delivery vendor services to prohibit regulatory
response fees Phan 2/16/2021
Agendized for discussion on 3/16/2021,
deferred to 4/06/2021; CC direction for City
Attorney to prepare a report; At the
11/12/2021 Transportation Subcommittee,
the Subcommittee directed to bring back this
request to Council as part of the FY 2022-23
budget process.
44 Ordinance to ban vaping in the City Montano 12/15/2020 Ordinance regarding a ban on use in certain
areas adopted by Council on 6/15/2021.
Policy related to access to products will be
brought forward in Spring 2022
45 Review City policy on speed bumps Tran 12/15/2020
Presented to Transportation
Subcommittee on 02/12/2021;voted on
3/16/2021 to revisit this item; On April 8, 2022
the Transportation Subcommittee Meeting
provided input on a draft policy to be brought
forward for Council consideration in Fall 2022
NOTE: Deferred and Completed Items are not listed19
Item # C4.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
46 Consider change in term limits for Mayor +
Councilmembers Montano 6/16/2020
8/4/2020: Voted 3 -2 to pursue; 2/02/2021 to
agendize for a future meeting; 3/16/2021
voted 3-1-1 to move forward. Scheduled for
3/15/2022; rescheduled for 4/05/2022;
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; Ballot Measure to appear on
November 8, 2022 General Municipal
Election
47 Consider Community Museum and Park on Main St. Phan 8/20/2019 to Rules Subcommittee 8/23/2019. Moved to
Specific Plan Community Conversation
events.
NOTE: Deferred and Completed Items are not listed20
Item # C4.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
Agendize a Flag Raising for India Independence
Day Tran 6/14/2022 Item added to 6/21/22 Consent Calendar Letter from City Council opposing AB 2181
(Berman) regarding VTA's Board Composition Tran 6/7/2022 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.
Explore increasing the
Conferences/Meetings/Memberships allowance for
each Councilmember to $10,000 Chua 5/17/2022
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.
Science, Technology, and Innovation Commission
agendize and explore a comprehensive internet
connectivity plan. Tran 5/3/2022
Item will be agendized for discussion at June
STI Commission meeting
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 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.
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 Council approved the policy revision at the
June 21, 2022 City Council meeting
Designate the California Oak Tree as the City’s
official heritage tree Montano 2/1/2022 Council approved at the 6/7/2022 meeting.
Host a Town Hall at City Hall in January, February,
and March for the community to share comments
about the issue of the unhoused. Tran 11/2/2021
This item was postponed by Mayor Tran due
to the Omicron variant and a rise in COVID-
19 cases
Bring back a conversation in the budget meeting to
fund “walking beats” in the commercial and high
crime areas Dominguez 4/5/2022
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
Fee waiver for the Filipino American South Bay
Community to hold pop-up resource fair at a City
Park Dominguez 3/1/2022
Staff engaged organizers of the event; event
was held on June 19; organizers did not
request a fee waiver
NOTE: Deferred and Completed Items are not listed21
Item # C4.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
Agendize an update to the Lobbyist Ordinance for
the next meeting Chua 3/1/2022
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
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
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
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
Approved to move forward at the 1/11/2022
Council meeting; l scheduled for 6/21/2022
Work with the school district to have a contest to
create art murals for the pillars on Main Street Montano 9/7/2021 Approved to move forward at the 1/11/2022
Council meeting; funding allocated to Great
Mall Pkwy. VTA pillar murals
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
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.
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 8/09/2021 Council voted 5-0 to move this
item forward and modify the existing Milpitas
Assistance program to include seniors; Staff
will bring this item for funding consideration
as part of the FY 2022-23 budget process
Discussion to reduce the City’s Senior Center
facilities deposit Montano 5/4/2021
8/09/2021 Council voted 5-0 to refer this item
as part of the development of the FY 2022-23
Master Fee Schedule; Council approved the
item on 4/19/22 as part of the Master Fee
Schedule
Staff to look into creating a rose garden with a
children’s memorial site Montano 4/6/2021
8/09/2021 Council voted 4-1 to discuss
details with Vice Mayor Montano and refer
this item as part of the development of the
2023-2027 CIP; 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
NOTE: Deferred and Completed Items are not listed22
Item # C4.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
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.
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
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
NOTE: Deferred and Completed Items are not listed23
Item # C4.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Reconfirm Findings and Determinations Under Resolution No. 9165 and Assembly Bill 361 for the Continuation of Virtual Meetings of the City Council and Legislative Bodies (Staff Contact: Michael Mutalipassi, City Attorney, 408-586-3040) Category: Consent Calendar-Leadership and Support Services Meeting Date: 9/6/2022
Recommendation: Move to reconfirm findings and determinations under Resolution No. 9165 and Assembly Bill 361 for the continuation of virtual meetings of the City Council and Legislative Bodies.
Background:
On March 17, 2020, in the face of the COVID -19 pandemic, Governor Gavin Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M. Brown Act in order to allow for local legislative bodies to conduct their meetings completely telephonically or by other electronic means.
The provisions in the Brown Act that were suspended by the Gove rnor’s Executive Order are contained at Government Code Section 54953(b)(3) and require that when teleconferencing is used, outside of a statewide emergency, that the following occur:
An agenda is required to be posted at all locations, including any teleconference locations Each teleconference location must be identified on the actual agenda Each teleconference location shall be accessible to the public A quorum of the legislative body must be in the jurisdiction With the Governor’s Executive Order, the four above requirements were suspended, allowing Councilmembers to not have to post an agenda at their teleconference location, not have to identify their location on the meeting agenda, not have to ensure public accessibility at the teleconference location, and the legislative body did not need a quorum present in the jurisdiction. As the Council is well aware, this allowed all City Council meetings and other meetings of legislative bodies of the City to be conducted by Zoom with councilmembers, commission members, committee members, and staff all joining from remote virtual locations.
The suspension of certain provisions of the Brown Act was further extended by the Governor on June 11, 2021 by the issuance of Executive Order N -08-21 which continued to allow for complete virtual meetings until September 30, 2021.
With the expiration of the Governor’s Executive Order and the uncertainty that surrounded the Governor’s potential recall, the State Legislature also took the remote meeting issue into its own hands through the adoption of Assembly Bill 361, which is explained in more depth in the Analysis section below.
On May 17. 2022, the City Council adopted Resolution No. 9156, making findings that there is an existing State of Emergency and that state or local officials continue to recommend social distancing measures to prevent the spread of COVID -19. In particular, the r esolution included reference to Cal -OSHA regulation 3205, which 24 Item # C5.
recommends physical distancing in the workplace. By motion and majority vote, the City Council may reconfirm the findings of Resolution No. 9156 and continue to hold virtual meetings pursuant to AB 361.
Analysis:
On September 16, 2021, the Governor signed AB 361, which allows legislative bodies to meet virtually provided there is a state of emergency declared by the Governor, and either (1) state or local officials have imposed or recommended measures to promote social distancing; or (2) the legislative body determines by majority vote that meeting in person would present imminent risks to the health and safety of attendees. The Governor by executive order signed on September 20, 2021, suspended the effective date of AB 361 to October 1, 2021. As a result, if the City desires to have virtual meetings on or after October 1, 2021, it must do so consistent with the requirements of AB 361.
AB 361 preserves many of the provisions of the earlier executive orders , including the suspension of the four teleconferencing requirements noted above, while also adding new requirements to the management of remote and teleconference public meetings in order to better achieve the levels of transparency that the Brown Act demands. Specifically, AB 361 imposes two new rules on remote public meetings:
1. Local governments and agencies hosting teleconference meetings in lieu of traditional in -person public meetings must permit direct public comment during the teleconference and must leave open the opportunity for public comment until the comment period for a given item is closed during the ordinary course of the meeting. The opportunity to make public comment must b e of a sufficient duration so as to allow actual public participation.
2. Any action by the governing body during a public teleconference meeting must occur while the agency is actively and successfully broadcasting to members of the public through a call -in option or an internet-based service option. If a technical disruption within the agency’s control prevents members of the public from either viewing the meeting of the public agency or prevents members of the public from offering public comment, the agency must cease all action on the meeting agenda until the disruption ends and the broadcast is restored. Action taken during an agency-caused disruption may be challenged as a violation of the Brown Act.
In order to continue to qualify for AB 361’s waiver of in -person meeting requirements, the City Council must, within thirty (30) days of its first meeting under AB 361, and every thirty (30) days thereafter, make findings that (a) state or local officials continue to recommend measures to promote social distancing, or that (b) an in-person meeting would constitute an imminent risk to the safety of attendees.
The above conditions continue to exist at this time, and staff recommends that the City Council by motion reconfirm the findings made in Resolution No. 9156 so that the City Council and all other subordinate legislative bodies may continue to meet virtually.
Lastly, it is important to note that AB 361 is optional. If the City Council wishes, it may meet in person. In addition, hybrid meetings are permissible.
Policy Alternatives:
Alternative 1: Do not by motion reconfirm the findings made in the resolution making findings and determinations under Assembly Bill 361 for the continuation of virtual meetings.
Pros: None
Cons: Many of the existing Commission, Committee, and Task Force meetings will not be able to meet virtually or through a hybrid format forcing all staff, commission or committee members, and the public to attend meetings in person.
Reason not recommended: The COVID-19 pandemic continues to be a global health issue and by forcing commission, committee, and task force meetings to be in person, public health may be put at risk.
Fiscal Impact:
25 Item # C5.
The City Council’s reconfirmation of the findings made in the resolution to continue with virtual meetings will maintain the status quo and no financial impact is anticipated by the reconfirmation of the findings.
California Environmental Quality Act:
The City Council’s reconfirmation of the find ings made in the resolution is not a project under the California Environmental Quality Act (CEQA) Guideline 15378 (b)(5) as it constitutes an organizational or administrative activity of the government that will not result in direct or indirect physical changes in the environment. Further, virtual meetings are likely to reduce certain impacts associated with vehicular travel related to in-person public meetings.
Recommendation:
Move to reconfirm findings and determinations under Resolution No. 9105 and Assembly Bill 361 for the continuation of virtual meetings of the City Council and Legislative Bodies.
Attachment
1. Resolution 9165
26 Item # C5.
27 Item # C5.
28 Item # C5.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Review and Accept the 2022 Legislative Season Action Report and Direct Staff to Issue a Request for Proposals for Federal and State Legislative Advocacy Services (Staff Contact: Ashwini Kantak, Assistant City Manager, and Walter C. Rossmann, Deputy City Manager, 408-586-3012)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 9/6/2022
Recommendation: Review and Accept the Quarterly Legislative Season Action Report and Direct Staff to Issue a Request for Proposals for Federal and State Legislative Advocacy Services
BACKGROUND:
On May 18, 2021, the City Council approved the Legislative Advocacy Policy (Policy) and Legislative Guiding Principles (Attachment 1). The Policy establishes clear guidelines for advancing City goals and positions through legislative review and advocacy at the regional, state, and federal levels of government and to provide guidance for City officials who serve on regional, state, and national boards, committees, and commissions when they are asked to review public policy matters and issues.
Legislation and issues of interest are brought to the City’s attention through several means: League of California Cities, National League of Cities, Cities Association of Santa Clara County, Councilmembers, legislators, City staff, community members, and professional or governmental organizations. Per the Council Policy, all legislation or issues of interest shall be referred to the City Manager’s Office.
ANALYSIS:
Per the Policy, staff is providing the 2022 legislative season action updates to the Council. This report covers legislative advocacy including preparation and issuance of letters of support and opposition of bills under consideration by the California legislature as well as the successful advocacy of earmarked federal and State funding. Finally, this report highlights the need for dedicated resources at the State and federal level to advocate and represent the City’s interests.
Legislative Advocacy – Letters Issued to the State Legislature Based on the Legislative Advocacy Policy and Legislative Guiding Principles, staff prepared 18 letters (Attachment 2) for the Mayor’s signature supporting or opposing individual bills based on the approved legislative guiding principles. Consistent with the Policy, Mayor Tran signed 13 of the 18 letters, which were emailed to the State Legislature between June 17 and August 26, 2022 and is scheduled to sign the remaining five letters by September 6. Per the Council approved workplan for the Energy and Environmental Sustainability Commission, the Commission recommended that the City advocate for five of the 18 legislative actions depicted in the following table.
The table below provides a summary of the 18 measures the City opposed or supported including the number and author of the measure, description of the measure, the City’s position, the primary guiding principle to oppose or support the measure.
Item
No.
Measure No.
& Author Measure Title Measure Description City Position Primary Legislative
Guiding Principle
1 AB 916
(Salas)
Accessory
Dwelling Units.
Would require cities to increase the
height maximum of ADUs from 16 to 18
feet on all parcels and to 25 feet for
multifamily or single-family parcel
located within a half mile of transit.
Oppose 1. Protect Local
Control
29 Item # C6.
Item
No.
Measure No.
& Author Measure Title Measure Description City Position Primary Legislative
Guiding Principle
Would add a provision which sets a
minimum height requirement of 25 feet
for ADUs that are attached to a primary
single-family residence.
2 AB 1985
(Robert
Rivas)
Organic Waste:
Recovered
Organic Waste
Product
Procurement
Targets: List of
Available
Products.
Would assist local governments
implementing the state's organic waste
diversion targets by: 1) phasing in over
two years the SB 1383 procurement
requirements, 2) adding clarity to what
projects and products count towards the
procurement requirements, and 3) allow
local jurisdictions to use organic waste
processed out of state for the purposes
of meeting procurement targets.
Support 8. Promote
Livability and
Environmental
Stewardship
3 AB 2011
(Wicks)
Affordable
Housing and
High Road Jobs
Act of 2022.
Would require nearly all cities to
ministerially approve, without condition
or discretion, certain affordable and
mixed-use housing developments in
areas of a city where office, retail, or
parking are principally allowed
regardless of any inconsistency with a
local government’s general plan,
specific plan, zoning ordinance, or
regulation.
Oppose 1. Protect Local
Control
4 AB 2097
(Friedman)
Residential and
Commercial
Development:
Parking
Requirements.
Would prohibit a local government from
imposing or enforcing a minimum
automobile parking requirement on
specified residential, commercial, or
other developments, if the development
is located on a parcel within one-half
mile of public transit.
Oppose 1. Protect Local
Control
5 AB 2440
(Irwin)
Responsible
Battery
Recycling Act of
2022.
Would require producers of batteries
and battery-embedded products to
establish a stewardship program for the
collection, transportation, recycling, and
the safe and proper management of
batteries or battery-embedded products
in California.
Support 8. Promote
Livability and
Environmental
Stewardship
6 SB 6
(Caballero)
Local Planning:
Housing
Commercial
Zones.
Would create a new process allowing
residential development on certain
commercial and industrial sites,
including allowing qualifying projects to
use the streamlined application
procedures of Senate Bill 35 (Wiener,
2017).
Oppose 1. Protect Local
Control
7 SB 897
(Wieckowski)
Accessory
Dwelling Units.
Would require cities to allow ADUs to
be constructed with a height of up to 25
feet, within one half mile of a major
transit stop or high-quality bus corridor
and permit constructed ADUs that are
in violation of state building standards
and in violation of local zoning
requirements.
Oppose 1. Protect Local
Control
8 SB 1000
(Becker)
Law
Enforcement
Agencies: Radio
Communication
s.
Would require law enforcement
agencies to, by no later than January 1,
2024, ensure public access to the radio
communications of that agency.
Oppose 2. Support Efforts to
Keep Milpitas
Safe
9 SB 1087 Vehicles: Would limit who can legally sell and Support 2. Support Efforts to 30 Item # C6.
Item
No.
Measure No.
& Author Measure Title Measure Description City Position Primary Legislative
Guiding Principle
(Gonzalez) Catalytic
Converters.
purchase a detached catalytic converter
and would make a violation of this law
an infraction punishable with a fine
between $1,000 to $5,000.
Keep Milpitas
Safe
10 SB 1127
(Atkins)
Workers'
Compensation:
Liability
Presumptions.
Would fundamentally alter longstanding
rules and timeframes for determining
eligibility for workers’ compensation
claims and would increase systemic
friction and litigation. This measure
would also impose massive new
penalties on employers.
Oppose 5. Protect and
Increase Local
Funding, No
Unfunded
Mandates
*11 AB 2208
(Kalra)
Fluorescent
Lamps: Sale
and Distribution:
Prohibition.
Would prohibit, on or after January 1,
2024, ascrew or bayonet base type
compact fluorescent lamp, as defined,
and, on and after January 1, 2025, a
pin-base type compact fluorescent lamp
or a linear fluorescent lamp, as defined,
from being offered for final sale, sold at
final sale, or distributed in this state as
a new manufactured product with
certain medically necessary lamps
exempted.
Support 8. Promote
Livability and
Environmental
Stewardship
*12 AB 2784
(Ting)
Solid Waste:
Thermoform
Plastic
Containers:
Postconsumer
Thermoform
Recycled
Plastic.
Would require, effective January 1,
2025, that the total thermoform plastic
containers sold or imported by a
producer on average, contain specified
amounts of postconsumer thermoform
recycled plastic per year and no less
than 20% to 30% postconsumer
recycled plastic per year on and after
July 1, 2030, based on certain
conditions.
Would also exempt from these
requirements, as specified, thermoform
plastic containers used to package
dairy products under certain conditions.
Support 8. Promote
Livability and
Environmental
Stewardship
*13 SB 1046
(Eggman)
Solid Waste:
Pre-Checkout
Bags.
Would prohibit, on or after January 1,
2025, a store, as defined, by providing
a precheckout bag to a customer if the
bag is not either a compostable bag or
a recycled paper bag.
Support 8. Promote
Livability and
Environmental
Stewardship
*14 SB 1215
(Newman)
Electronic
Waste
Recycling Act of
2003: Covered
Battery-
Embedded
Products.
Would expand the definition of “covered
electronic device” to include a “covered
battery-embedded product,” as defined,
thereby expanding the scope of the act
to include all covered battery-
embedded products, as provided.
Would require a consumer, on or after
January 1, 2026, to pay a covered
battery-embedded waste recycling fee.
Support 8. Promote
Livability and
Environmental
Stewardship
*15 SB 1256
(Wieckowski)
Waste
Management:
Disposable
Propane
Cylinders.
Would, on or after January 1, 2028,
prohibit the sale or offer of disposable
propane cylinders.
Support 8. Promote
Livability and
Environmental
Stewardship
16 AB 1740
(Muratsuchi)
Catalytic
Converters
Would require a core recycler to include
additional information in the written
record, including the year, make, and
model of the vehicle from which the
Support 2. Support Efforts to
Keep Milpitas
Safe
31 Item # C6.
Item
No.
Measure No.
& Author Measure Title Measure Description City Position Primary Legislative
Guiding Principle
catalytic converter was removed and a
copy of the title of the vehicle from
which the catalytic converter was
removed.
17 AB 2181
(Berman)
Santa Clara
Valley
Transportation
Authority
Would, on or after July 1, 2023, revise
the membership of the board of
directors to instead consist of two
representatives of the county who are
community members and appointed by
the president of the board of
supervisors with board of supervisors
approval, five representatives of the
other cities in the county, including at
least two community members and two
council members or mayors of those
cities, elected through a ranked choice
voting process by the city council of
those cities, as specified
Oppose 1. Protect Local
Control
18 AB 2407
(O’Donnell)
Vehicle
Tampering:
Theft of
Catalytic
Converters
Would require a core recycler to report
the information collected to the chief of
police or the sheriff, as prescribed, and
to request to receive theft alert
notifications regarding the theft of
catalytic converters from a specified
theft alert system.
Would require a core recycler to obtain
the thumbprint of a seller of a catalytic
converter and to preserve the
thumbprint for a period of two years,
except as specified.
Support 2. Support Efforts to
Keep Milpitas
Safe
* Scheduled to be signed by Mayor Tran by September 6, 2022.
Advocacy for Earmarked Funding
With support from the City Council and Assemblymember Alex Lee, staff assisted in securing $2.5 million in funding for Homelessness Prevention and Unhoused Services ($1.5 million) and Facilities Enhancement of Milpitas Bike Lanes ($1 million). The funding supports several priority projects of the City Council. The allocation for bike lane facilities supports upgrading existing bike lane infrastructure throughout Milpitas with green-colored pavement at intersections and through conflict areas, establishes green-colored intersection bike boxes, buffered bike lanes, and/or separated bikeways marked with bollards, posts, or on street parking.
Assemblymember Lee is scheduled to present the City with a check at the September 6 City Council meeting.
On September 20, staff will bring forward for Council consideration of recommendations for use of the one-time funds.
With support from the City Council and Congressman Ro Khanna, staff assisted in advancing a $3 million funding request for the Carbon Neutral Home Incentives Program through the federal budget process as part of the 2023 Federal Community Project Funding.
Legislative Advocacy – Dedicated Resources
As part of the approval of the Policy during the May 18, 2021, City Council meeting, staff recommended against contractual services for legislative advocacy at the State and federal level given the impacts of the COVID-19 pandemic on the City’s budget at that time. Additionally, BBK continued to provide analysis and information on state and federal legislation on a periodic basis and as requested by City staff.
However, during the last year, it has become evident that there’s insufficient staff capacity to effectively advocate and represent the City at the federal and State level. Several peer cities have retained the services of legislative advocacy consultants or lobbyists at the federal and/or state levels to assist in proactively tracking legislation and advocating for the cities’ interests. 32 Item # C6.
Given the more direct impact of state legislation on the City, and the volume of bills proposed, staff intends to issue a Request for Proposal for legislative advocacy services. The selected firm(s) would need to have an established and active presence in Sacramento and Washington D.C. Services provided by the firm(s) would include monitoring and providing reports to the City, advocating on the City’s behalf on specific legislation, and representing the City in Sacramento and Washington D.C. The initial contract year will be funded from the Unanticipated Expenditure Reserve and funding for subsequent contract years will be incorporated into the development of the annual budget.
POLICY ALTERNATIVE(S):
Alternative 1: Do not direct staff issue a Request for Proposals for Federal and State Legislative Advocacy Services
Pros: Estimated savings in contractual services between $50,000 and $80,000 annually based on a preliminary analysis
Cons: The City continues to respond reactively and haphazardly to proposed legislation relying primarily on professional organizations.
Reason for Not Recommending: In order to establish a proactive and strategic legislative advocacy program, consultant services are required. Given the volume of bills proposed annually by State legislatures, retaining the services of legislative advocacy consultants or lobbyists at the federal and/or state levels will assist staff in proactively tracking legislation and advocating for the City’s interests.
FISCAL IMPACT:
The initial contract year will be funded from the Unanticipated Expenditure Reserve and funding for subsequent contract years will be incorporated into the development of the annual budget.
California Environmental Quality Act (CEQA):
By the definition provided in the California Environmental Quality Act (CEQA) Guidelines Section 15378, this action does not qualify as a “project” for the purpose of CEQA.
RECOMMENDATION:
Review and Accept the 2022 Legislative Season Action Report and Direct Staff to Issue a Request for Proposals for Federal and State Legislative Advocacy Services.
Attachment(s):
Attachment 1: Legislative Advocacy Policy and Legislative Guiding Principles Attachment 2: 18 Legislative Advocacy Letters
33 Item # C6.
CITY OF MILPITAS
Revision Date
Original 5/18/2021
CITY COUNCIL POLICY
1. PURPOSE
1.1. To establish clear guidelines for advancing City goals and positions through legislative review and advocacy at the regional, state, and federal levels of government and to provide guidance for City officials who serve on regional, state, and national boards, committees, and commissions when they are asked to review public policy matters and issues.
2. POLICY
2.1. This policy outlines the guiding principles and process to enable a comprehensive review of legislation affecting the City of Milpitas, seek Council’s position on proposed legislation, and to make the City’s position known.
2.2. All legislative reviews shall be made on the basis of the effect on the City and the community as a whole, and taking into account existing City positions, policies, or goals.
2.3. The City shall support the legislative positions of the Cities Association of Santa Clara County, League of California Cities, and the National League of Cities, on priority bills that benefit the City of Milpitas.
2.4. The City shall adopt Legislative Guiding Principles (LGP) based on approved Council Priority Areas, the adopted General Plan, the Economic Development Strategy, and other Council approved master plans and strategic plans.
2.5. On an annual basis, the LGP shall be updated as needed, and shall be approved by the City Council at the beginning of the calendar year.
3. DEFINITIONS
3.1. The following definitions are provided solely as a guide to assist in the application of this policy and may be subject to change.
1.1.1. Department – Includes all City departments and offices
1.1.2. Economic Development Strategy – A five year strategy document adopted by the City Council in May 2020
1.1.3. General Plan – A comprehensive planning document adopted by the Council in March 2021
Policy No:
1-2
LEGISLATIVE ADVOCACY POLICY Effective Date:
5/18/2021
Revision No:
N/A
Policy Administrator:
City Manager
Next Review Due:
Click or tap to enter a
date.
Related Policies and
Procedures:
Click or tap here to enter
text.
Approved by:
City Council, 5/18/2021, Item # C9: 5-0
vote
Date Approved:
5/18/2021
34 Item # C6.
CITY OF MILPITAS
Revision Date
Original 5/18/2021
LEGISLATIVE ADVOCACY POLICY / POLICY # 1-2
1.1.4. Legislative Advocacy – A position of support or opposition to proposed legislation
1.1.5. Legislative Guiding Principles – Principles adopted on an annual basis by the City Council to guide the City’s position on proposed legislation
1.1.6. Milpitas Municipal Code – Codification of the General Ordinances of Milpitas
4. PROCEDURE
4.1. Legislation and issues of interest are brought to the City’s attention through several means:
League of California Cities, National League of Cities, Cities Association of Santa Clara County, Councilmembers, legislators, City staff, community members, and professional or governmental organizations. All legislation or issues of interest shall be referred to the City Manager’s Office.
4.2. City Manager’s Office (CMO) shall review the proposed legislation and, if warranted, request assistance from the City Attorney and/or from one or more departments.
4.3. The process for evaluation and action related to proposed legislation of particular interest to the City shall be as follows:
1.1.1. CMO/Department shall evaluate the proposed bill for its impact on Milpitas, recommend a position and potential action, and draft a position statement or support/opposition letter.
1.1.2. If Council has previously adopted a policy directly relevant to the proposed legislation or if the proposed legislation is generally consistent with the City’s Legislative Guiding Principles, the Mayor or City Manager may sign a letter supporting or opposing legislation on behalf of the City as further detailed below.
1.1.3. If there is no Council policy relative to the legislation, the issue is politically controversial, or there is significant community interest in the issue, the proposed legislation, including a recommendation to support, remain neutral, or oppose the legislation, will be brought to Council for consideration.
1.1.4. Letters and other communications expressing the City’s position on legislation will bear the signature of the Mayor in accordance with the Milpitas Municipal Code. If the legislation will mainly impact the City’s operations, the communication may be signed by the City Manager or designee.
1.1.5. In order to keep the City Council informed of all City communications on legislation, copies of the letter or summary of actions will be distributed to the City Council as information items.
4.4. Quarterly legislative updates on items of interest will be provided to the City Council.
35 Item # C6.
CITY OF MILPITAS
Revision Date
Original 5/18/2021
LEGISLATIVE ADVOCACY POLICY / POLICY # 1-2
1. Protect Local Control
The City values its ability and authority to exercise local control, enable excellent public services and protect and enhance the quality of life for Milpitas residents and businesses. The City supports efforts to streamline regulations that benefit the administration of the City and opposes efforts that erode the City's authority to control its own affairs.
2. Support Efforts to Keep Milpitas Safe
The City supports legislation and policies that enable local officials to access resources to provide quality police, fire, emergency management, emergency medical services, youth violence prevention initiatives, and to engage the community in its own safety.
3. Support Efforts to Create Affordable Housing
The City supports legislation and policies that enable local officials to access resources to support the creation of affordable housing and to strive for a balance of jobs and housing in each city across the region.
4. Support City’s Vision for Strategic, Sustainable, and Smart Growth The City strives to foster economic development, including planning and implementation of regional transportation and traffic congestion relief projects. The City supports legislation and policies that support local initiatives to develop or redevelop the community to strengthen the local and regional economy, to accommodate local workers' housing needs in places close to transit and jobs, and to continually improve services provided to the community.
5. Protect and Increase Local Funding, No Unfunded Mandates The City opposes legislation, policies, or budgets that have negative impacts on City services, revenues or costs. The City supports efforts that protect and enhance local governments’ revenues, maximize access to State and Federal funding sources, and increase local funding flexibility including legislation that allows the City to recover costs related to state and federal mandates.
6. Pursue or Retain Federal and State Funding for Key Efforts In order to support the City's efforts and key policies to provide quality services, affordable housing, transportation, and public infrastructure for its residents and businesses, and to fund the needed strategic support services, it is necessary that the federal and state governments act as partners with local government and provide appropriate levels of funding for these City and regional efforts.
7. Support and Promote Inclusive Communities
The City values diversity and recognizes all residents, including immigrants, as valuable contributors to our community’s success. Support legislation that helps our residents be safe, healthy, and able to thrive, while providing opportunities to actively engage in civic, cultural, and economic life.
CITY OF MILPITAS – LEGISLATIVE GUIDING PRINCIPLES
36 Item # C6.
CITY OF MILPITAS
Revision Date
Original 5/18/2021
LEGISLATIVE ADVOCACY POLICY / POLICY # 1-2
8. Promote Livability and Environmental Stewardship
The City values a sustainable quality of life in an urban environment. The City supports legislation and policies that emphasize sustainable development; improve environmental standards and the regulatory process; provide incentives and financial support for preservation of natural resources; promote sustainable energy and water policies; and support efforts to mitigate odor issues.
9. Promote Investment in Infrastructure
The City supports legislation and policies that promote investing in the maintenance and rehabilitation of aging infrastructure and build system capacity expansion in a smart and sustainable manner.
37 Item # C6.
455 EAST CALAVERAS BOULEVARD , MILPITAS , CALIFORNIA 95035- 5479 PHONE: 408- 586- 3059 , www.milpitas.gov
August 22, 2022
Senator Anthony Portantino
Chair, Senate Appropriations Committee
1021 O Street, Suite 7630
Sacramento, California 95814
RE: AB 916 (Salas) Changes to Maximum Heights for Accessory Dwelling Units.
Notice of OPPOSITION
Dear Senator Portantino:
The City of Milpitas OPPOSES AB 916 (Salas). The draft bill was recently amended to increase the maximum height of an accessory dwelling unit (ADU) from 16 to 18 feet on all parcels and to 25 feet for multi-family or single-family parcels located within a one half-mile of transit. This bill also includes a confusing provision that sets a minimum height requirement of 25 feet for ADUs that are attached to a primary single-family home.
Current law authorizes cities and counties to restrict the maximum height of ADUs to 16 feet, which helps ensure that ADUs blend into the existing neighborhood. Mandating that local jurisdictions allow ADUs up to three stories in height is completely contrary to the stated belief that ADUs are a way to increase density in a modest fashion that is not disruptive to established neighborhoods.
Furthermore, shoehorning a 25-foot structure into a backyard of a single-story ranch-style home that happens to be located within one half mile of public transit undermines the notion that such “accessory dwelling units” are designed for multi-generational housing.
AB 916 also creates confusion as ADUs attached to a primary residence are called Junior ADUs, which suggests that an ADU could conceivably be equal in size or larger than the primary residence to which it is attached. The bill further creates a minimum height requirement of 25 feet for these attached ADUs.
The City of Milpitas is concerned that AB 916 would substantially alter the look and feel of single- family neighborhoods in our community. By their nature, ADUs are efficient units that do not require the same height considerations as a single-family home. Moreover, an earlier version of the bill sought simply to permit second story additions to garages, but the global height increase added to the bill is no longer limited to situations where the ADU is being added on top of an existing structure.
It is vital that we take steps now to increase attainable homeownership opportunities for underserved communities across the state, especially families of color. These families continue to experience historically low homeownership rates and have consistently been excluded from opportunities to build generational wealth. However, we must be careful not to change established
C ITY OF M ILPITAS
O FFICE OF M AYOR R ICH T RAN
38 Item # C6.
Assembly Bill 916 (Salas) – Changes to Maximum heights for Accessory Dwelling Units. Page 2 of 2 Notice of Opposition
August 22, 2022
communities that rely on specific height and design limitations to maintain an attractive neighborhood based on local standards.
For these reasons, the City of Milpitas opposes AB 916 (Salas). If you have any questions, please feel free to contact Milpitas City Manager Steve McHarris at [email protected]. We respectfully request a “NO” vote.
Sincerely,
Rich Tran, Mayor
City of Milpitas
C: Meg Desmond, League of California Cities (via email: [email protected]) Milpitas City Council
Steve McHarris, Milpitas City Manager
Ashwini Kantak, Milpitas Assistant City Manager
Walter C. Rossmann, Milpitas Deputy City Manager
39 Item # C6.
455 EAST CALAVERAS BOULEVARD , MILPITAS , CALIFORNIA 95035- 5479 PHONE: 408- 586- 3051, www.milpitas.gov
August 22, 2022
Senator Anthony Portantino
Chair, Senate Appropriations Committee
1021 O Street, Suite 7630
Sacramento, California 95814
Subject: AB 1985 (Rivas) Organic Materials: List of Available Products.
Notice of SUPPORT
Dear Chair Portantino:
The City of Milpitas writes to express its support for AB 1985 (Rivas) which would assist local governments implementation of the state’s organic waste diversion targets and allow time for markets to develop for organic waste products.
Organics like food scraps, yard trimmings, paper, and cardboard make up half of what Californians dump in landfills and emit 20% of the state’s methane. In 2016, SB 1383 set organic waste diversion targets of 50% by 2020 and 75% by 2025 from 2014 levels. As jurisdictions ramp up their organic waste collection programs, many cities and counties are struggling to meet their procurement targets due to a limited amount of organic waste infrastructure across the state.
AB 1985 will assist local governments in achieving their procurement targets by creating an online database of organic waste products on the market across the state. This online database would enable local governments to connect directly with local farmers and community members seeking their products. With cities and counties required to procure large amounts of compost and mulch per year, this bill would help facilitate these products going to where they are needed, while also maximizing the benefits to local communities.
Additionally, AB 1985 would assist local governments in achieving their procurement targets by phasing in the requirements while markets and infrastructure continues to develop. In order to successfully meet organic waste reductions, local governments need the flexibility provided by AB 1985 to meet these important requirements.
For these reasons, the City of Milpitas respectfully urges you to support AB 1985.
Sincerely,
Rich Tran, Mayor
City of Milpitas
C: Milpitas City Council
Steve McHarris, City Manager
Walter C. Rossmann, Deputy City Manager
League of California Cities, (via email: [email protected])
C ITY OF M ILPITAS
O FFICE OF M AYOR R ICH T RAN
40 Item # C6.
455 EAST CALAVERAS BOULEVARD , MILPITAS , CALIFORNIA 95035- 5479 PHONE: 408- 586- 3059 , www.milpitas.gov
August 22, 2022
Senator Anthony Portantino
Chair, Senate Appropriations Committee
1021 O Street, Suite 7630
Sacramento, California 95814
RE: AB 2011 (Wicks) Affordable Housing and High Road Jobs Act of 2022.
Notice of OPPOSITION
Dear Senator Portantino:
The City of Milpitas writes to oppose AB 2011, which would require cities to ministerially approve, without condition or discretion, certain affordable housing and mixed-use housing developments in zones where office, retail, or parking are principally permitted uses regardless of any inconsistency with a local government’s general plan, specific plan, zoning ordinance, or regulation.
Housing affordability and homelessness are among the most critical issues facing California cities.
Affordably priced homes are out of reach for many people, and housing is not being built fast enough to meet the current or projected needs of people living in the state. Cities lay the essential groundwork for housing production through planning and zoning new projects in their communities based on extensive public input and engagement, state housing laws, and the needs of the building industry. Importantly, cities are currently updating housing plans to identify sites for more than two million additional housing units.
AB 2011 disregards this state-mandated local planning effort and forces cities to allow housing developments in nearly all areas of a city. This seriously questions the rationale for the regional housing needs allocation (RHNA) process. If developers can build housing in office, retail, and parking areas, why should cities go through the multi-year planning process to identify sites suitable for new housing units, only to have those plans ignored and housing built on sites never considered for new housing?
Eliminating opportunities for public review of housing developments goes against the principles of transparency and public engagement. Public hearings allow members of the community to inform their locally elected representatives of their support or concerns. “Streamlining” in the context of AB 2011 is a veiled shortcut around public input. While it may be frustrating for some developers to address neighborhood concerns about traffic, parking, and other development impacts, those directly affected by such projects must continue to have an opportunity to be heard. Public engagement often leads to better projects. Disregarding community input will increase public distrust in government and may result in additional efforts by voters to restrict growth.
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Assembly Bill 2011 (Wicks) – Affordable Housing and High Road Jobs Act of 2022. Page 2 of 2 Notice of Opposition
August 22, 2022
The City of Milpitas is committed to being part of the solution to the housing shortfall. Since 2008, the City has approved nearly 7,000 new housing units in the Transit Area Specific Plan (TASP) area surrounding the new Milpitas Transit Center, which includes regional transit connections via VTA light rail and Bay Area Rapid Transit (BART). In the current update of the City’s Housing Element, we have identified sites for an additional 5,100 housing units over the next eight-year cycle. We support policies that will create housing across all income levels, and we hope to work collaboratively on legislative proposals that will spur much needed housing construction without disregarding the state-mandated local planning process and important public engagement.
For these reasons, the City of Milpitas opposes AB 2011.
Sincerely,
Rich Tran, Mayor
City of Milpitas
C: Meg Desmond, League of California Cities (via email: [email protected]) Milpitas City Council
Steve McHarris, Milpitas City Manager
Ashwini Kantak, Milpitas Assistant City Manager
Walter C. Rossmann, Milpitas Deputy City Manager
42 Item # C6.
455 EAST CALAVERAS BOULEVARD , MILPITAS , CALIFORNIA 95035- 5479 PHONE: 408- 586- 3059 , www.milpitas.gov
August 22, 2022
Senator Anthony Portantino
Chair, Senate Appropriations Committee
1021 O Street, Suite 7630
Sacramento, California 95814
RE: A B 2097 (Friedman) Residential and Commercial Parking Requirements.
Notice of OPPOSITION (As amended June 9, 2022)
Dear Senator Portantino:
The City of Milpitas opposes AB 2097, which would prohibit a local government from imposing or enforcing minimum vehicle parking requirements on specified residential, commercial, or other development projects if the development is located within one-half mile of public transit.
AB 2097 would essentially allow developers, not locally elected public officials, to dictate parking requirements in large areas of many cities because the definition of public transit includes entire bus routes with fifteen-minute service intervals. Restricting parking requirements within one-half mile of a high-frequency transit route does not guarantee individuals living, working, or shopping on those parcels will actually use transit. Many residents will continue to own automobiles and require nearby parking, which will only increase parking demand and congestion.
Additionally, AB 2097 could negatively impact the State’s Density Bonus Law by providing developers parking concessions without also requiring developers to include affordable housing units in the project. The purpose of Density Bonus Law is to provide concessions and waivers to developers in exchange for affordable housing units.
While AB 2097 may be well intended, parking requirements are most appropriately established at the local level based on community needs. A one-size-fits-all approach to an issue that is project- specific simply will not work. For these reasons, the City of Milpitas opposes AB 2097.
If you have any questions, please me at [email protected].
Sincerely,
Rich Tran, Mayor
City of Milpitas
C: Meg Desmond, League of California Cities (via email: [email protected]) Milpitas City Council
Steve McHarris, Milpitas City Manager
Ashwini Kantak, Milpitas Assistant City Manager
Walter C. Rossmann, Milpitas Deputy City Manager
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455 EAST CALAVERAS BOULEVARD , MILPITAS , CALIFORNIA 95035- 5479 PHONE: 408- 586- 3051, www.milpitas.gov
August 22, 2022
Senator Anthony Portantino
Chair, Senate Appropriations Committee
1021 O Street, Suite 7630
Sacramento, California 95814
Subject: AB 2440 (Irwin) Responsible Battery Recycling Act of 2022.
Notice of SUPPORT – Second Reading
Dear Chair Portantino:
The City of Milpitas writes to express its support for AB 2440 (Irwin), which would create a convenient, statewide, producer-run collection and recycling program for loose and product- embedded batteries.
Due to the hazardous metals and corrosive materials that batteries contain, California classifies batteries as hazardous waste and bans them from solid waste landfills. When consumers are done with their loose batteries and portable electronics, they must collect, sort, and ultimately find an appropriate disposal option. Unfortunately, California currently lacks a streamlined and convenient collection and recycling system for batteries and batteries embedded in products. Because of a combination of increased consumption and a lack of convenient disposal options, higher levels of toxic batteries and products are entering the waste stream.
To ensure the proper disposal of all battery chemistries and to reduce fire and safety risk, AB 2440 would require free collection for most loose and product-embedded batteries at convenient locations across the state. AB 2440 would also encourage manufacturers to be more responsible for the life cycle of their products by creating a producer-run program.
AB 2440 creates a system that will result in the protection of communities, the environment and waste management infrastructure from battery-related fires. For these reasons, the City of Milpitas respectfully urges you to support AB 2440.
Sincerely,
Rich Tran, Mayor
City of Milpitas
C: Milpitas City Council
Steve McHarris, City Manager
Walter C. Rossmann, Deputy City Manager
League of California Cities, (via email: [email protected])
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455 EAST CALAVERAS BOULEVARD , MILPITAS , CALIFORNIA 95035- 5479 PHONE: 408- 586- 3059 , www.milpitas.gov
August 22, 2022
Assembly Member Chris R. Holden
Chair, Assembly Appropriations Committee
1021 O Street, Suite 8220
Sacramento, California 95814
RE: SB 6 (Caballeros) Housing: Commercial Zones.
Notice of OPPOSITION – Unless Amended
Dear Senator Holden:
The City of Milpitas opposes Senate Bill 6 because the current version of the bill would allow qualifying residential development projects to locate on certain commercial sites while using the streamlined application procedures established by Senate Bill 35 (Wiener, 2017). The City supports opportunities for redevelopment on underutilized commercial sites, many of which are near transit and jobs centers. In fact, since 2008, we have rezoned hundreds of acres of former commercial and industrial land near the Milpitas Transit Center and approved nearly 7,100 new residential units in this area. At the same time, we have also taken strong steps to protect and enhance the viability of the City’s remaining employment lands, including the adoption of zoning ordinance amendments to protect the viability of our heavy industrial zoning districts by limiting the incursion of non-industrial uses in these areas. Preserving some sites for strictly commercial and industrial uses is important to economic development efforts and local revenue considerations.
We appreciate that recent amendments to the bill would allow residential capacity from SB 6 sites to be “reallocated” to sites that meet Housing Element default densities.
Despite this positive change, and prior technical improvements to SB 6, we suggest the following additional changes:
• The bill was recently amended to apply to zones where “office, retail, or parking are a principally permitted use,” but commercial uses can vary in type and intensity with some commercial uses being more compatible with housing development than others. For example, allowable commercial uses such as outdoor storage, auto salvage, auto repair, and certain manufacturing and assembly uses are entirely incompatible with residential development. We believe that additional protections are needed in the bill to address the flexible nature of commercial zones. Accordingly, we request that SB 6 be amended to limit its applicability to parcels for which the commercial zoning only allows office or retail as principally permitted uses.
• In addition, industrial zoning districts where parking lots are allowed as principally permitted uses should be removed from the bill. This change will lessen the likelihood of issues relating to incompatible uses, as well as limit applicability to zones more commonly located near transit and job centers.
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Senate Bill 6 (Caballeros) – Housing: Commercial Zones. Page 2 of 2 Notice of Opposition – Unless Amended
August 22, 2022
• An alternative approach to addressing this issue would be to limit the applicability of the bill to sites that were previously developed with an office or retail use and which are now at least partially vacant.
• Finally, many parts of county unincorporated areas have limited infrastructure and government services. Accordingly, the bill should be limited to infill areas as defined by Public Resources Code Section 21061.3. This would refocus SB 6’s zoning override on only the most urbanized areas which are likely to be the most appropriate commercial sites for use as higher-density housing.
The City of Milpitas supports approaches to expedited housing development that are based on consistency with locally adopted planning. One of the core premises of SB 35 was to ensure a quick and predictable approval process for projects that comply with adopted local land use standards.
SB 6 would drastically change this approach by extending the same by-right authority to non- compliant projects that are located on a site meeting the basic eligibility requirements of SB 35.
We appreciate the opportunity to express our concerns with SB 6. If you have any questions or would like to discuss, please contact City Manager Steve McHarris at [email protected].
Sincerely,
Rich Tran, Mayor
City of Milpitas
C: Meg Desmond, League of California Cities (via email: [email protected]) Milpitas City Council
Steve McHarris, Milpitas City Manager
Ashwini Kantak, Milpitas Assistant City Manager
Walter C. Rossmann, Milpitas Deputy City Manager
46 Item # C6.
455 EAST CALAVERAS BOULEVARD , MILPITAS , CALIFORNIA 95035- 5479 PHONE: 408- 586- 3059 , www.milpitas.gov
August 22, 2022
Assembly Member Chris R. Holden
Chair, Assembly Appropriations Committee
1021 O Street, Suite 8220
Sacramento, California 95814
RE: SB 897 (Wieckowski) – Accessory Dwelling Units.
Notice of OPPOSITION
Dear Assembly Member Holden:
The City of Milpitas opposes SB 897, which would significantly amend the statewide standards that apply to locally adopted ordinances concerning the construction of accessory dwelling units (ADUs), even though the law has been substantially amended nearly every year since 2016. Specifically, SB 897 would require local jurisdictions to:
• Allow ADUs to be constructed with a height of up to 25 feet near transit. Current law appropriately authorizes cities and counties to restrict ADU height to 16 feet, thus helping ensure that these accessary units blend into existing neighborhoods.
Mandating that local jurisdictions allow essentially two-story ADUs is completely contrary to the notion that ADUs are a way to increase density in a modest fashion that is not disruptive to established communities. Moreover, shoehorning a 25-foot structure into a backyard of a single-story ranch style home, that is within one half mile of public transit undermines the principle that these are “accessory dwelling units.”
• Permit constructed ADUs in violation of State building standards and in violation of local zoning requirements. Current law already requires cities and counties to approve ADUs without discretionary review. Expanding this to prohibit local jurisdictions from denying permits for already constructed ADUs that fail to comply with State mandated building standards or local zoning requirements would certainly result in dangerous or substandard living conditions.
• Allow two ADUs to be constructed on a lot if a multifamily dwelling is proposed to be developed. SB 897 would allow a property owner to construct two ADUs on a vacant parcel years before the proposed multifamily structure begins construction.
Additionally, there is no guarantee that the multifamily structure will ever be constructed. It is unclear why local jurisdictions should be forced to allow ADUs to be
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Senate Bill 897 (Wieckowski) Accessory Dwelling Units. Page 2 of 2 Notice of Opposition
August 22, 2022
constructed before the originally proposed multifamily structure. Constructing an ADU without a primary structure makes them a standalone units, accessory to nothing.
For these reasons, the City of Milpitas opposes SB897. If you have questions or would like to discuss our position on this matter, please contact City Manager Steve McHarris at [email protected].
Sincerely,
Rich Tran, Mayor
City of Milpitas
C: Meg Desmond, League of California Cities (via email: [email protected]) Milpitas City Council
Steve McHarris, Milpitas City Manager
Ashwini Kantak, Milpitas Assistant City Manager
Walter C. Rossmann, Milpitas Deputy City Manager
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455 EAST CALAVERAS BOULEVARD , MILPITAS , CALIFORNIA 95035- 5479 PHONE: 408- 586- 3059 , www.milpitas.gov
August 22, 2022
The Honorable Reginald Jones-Sawyer
Chair, Assembly Public Safety Committee
1020 N Street, Room 111
Sacramento, CA 95814
RE: SB 1000 (Becker) Law Enforcement Agencies: Radio Communications.
Notice of OPPOSITION (As amended May 12, 2022)
Dear Assembly Member Jones-Sawyer,
The City of Milpitas must respectfully oppose SB 1000 (Becker).
On October 12, 2020, the California Department of Justice (DOJ) issued Information Bulletin #20- 09-CJIS, which required agencies to protect PII by either encrypting radio traffic or by establishing policy to restrict dissemination. For agencies in Santa Clara County, limiting dissemination via instituting policy was not feasible for reasons such as officer safety concerns, increased call volume to Dispatch Centers, limitation of technology for live transmission redaction, and staffing shortages making use of an additional channel for PII dissemination unattainable. As such, all agencies in Santa Clara County complied with the DOJ mandate by encrypting radios by the end of 2021. This was a considerable undertaking which required substantial staff time to perform the work, multiple agency coordination to sustain interoperability on the Silicon Valley Regional Communication System (SVRCS), and expense as SVRCS has over 13,000 radios and over 50 physical sites that needed programming.
Senate Bill 1000 would require law enforcement agencies to ensure public access to radio communications and undermines the time and money spent in Santa Clara County to be compliant with the DOJ mandate. It also fails to recognize operational challenges and public safety workflow concerns. For example, forcing officers in the field to utilize a cell phone or computer to obtain CLETS information creates a hazardous setting in that officers are not able to remain primarily focused on the situation at hand. Instead of being able to quickly use their dedicated radio channel to get vital information, they will have to turn their attention to keying in a number on a phone, wait in the queue for the call to be answered, and have the data processed. Because a phone call is a one-on-one conversation, other officers will not have situational awareness should the CLETS return reveal dangerous subject details. The same concern exists for an officer to enter the information on a tablet or laptop.
Furthermore, generating additional dispatch duties such as manning a supplementary channel to confidentially disseminate PII or increasing phone call volume from officers in the field to the Communications Center will adversely impact public safety. Both scenarios create excessive burden on Public Safety Dispatchers, a profession which is chronically understaffed across the nation. Filling existing vacancies just to sustain basic operations is extremely difficult and the additional workload
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Senate Bill 1000 (Becker) Law Enforcement Agencies: Radio Communications. Page 2 of 2 Notice of Opposition (As Amended May 19, 2022)
August 22, 2022
generated by SB1000 will create undue hardship on personnel and negatively impact our current service delivery. Furthermore, the California State 9-1-1 answering time standard is 95% of 9-1-1 calls answered within 15 seconds. This guideline is already challenging for many agencies to achieve and should SB 1000 pass, it will likely result in further degradation of 9-1-1 call answering times.
The City of Milpitas understands the need to protect PII and we fully support being transparent; however, many law enforcement agencies simply cannot meet both the requirements of the DOJ mandate and of Senate Bill 1000 in a safe manner that does not negatively impact current operations.
For these reasons, the City of Milpitas opposes SB 1000.
Sincerely,
Rich Tran, Mayor
City of Milpitas
C: Meg Desmond, League of California Cities (via email: [email protected]) Milpitas City Council
Steve McHarris, Milpitas City Manager
Ashwini Kantak, Milpitas Assistant City Manager
Walter C. Rossmann, Milpitas Deputy City Manager
50 Item # C6.
455 EAST CALAVERAS BOULEVARD , MILPITAS , CALIFORNIA 95035- 5479 PHONE: 408- 586- 3051, www.milpitas.gov
August 22, 2022
Assembly Member Chris R. Holden
Assembly Appropriations Committee
1021 O Street, Suite 8220
Sacramento, CA 95814
Subject: SB 1087 (Gonzalez) Vehicle: Catalytic Converters.
Notice of SUPPORT (As Amended March 10, 2022)
Dear Assembly Member Holden,
The City of Milpitas is pleased to support SB 1087 (Gonzalez). This measure would limit who can legally sell and purchase a detached catalytic converter and would make a violation of this law an infraction punishable with a fine between $1,000 to $5,000.
According to State Farm, the company paid $2.5 million for 1,104 catalytic converter theft claims in 2019. In 2020, it paid out more than four times that amount for 4,507 catalytic converter theft claims. Last year, California made up almost one-third of all catalytic converter claims in the United States, with $23 million being spent on 9,057 catalytic converter theft claims within the state.
According to the National Insurance Crime Bureau, catalytic converter theft grew by 325% from 2019 to 2020. Catalytic converter theft continues to plague the Bay Area and the City of Milpitas experienced a 175% increase in catalytic converter thefts from 2020 to 2021. This type of theft has become a regular occurrence and is costing our residents thousands of dollars per instance.
The current lack of prosecution for those whom commit property crimes and the absence of regulation for those who recycle catalytic converters is directly associated to the proliferation of this crime. SB 1087 will provide law enforcement with enforceable statutes to address the dramatic rise in catalytic converter thefts in California’s communities.
For these reasons, the City of Milpitas supports SB 1087.
Sincerely,
Rich Tran, Mayor
City of Milpitas
C: Milpitas City Council
Steve McHarris, City Manager
Walter C. Rossmann, Deputy City Manager
League of California Cities, (via email: [email protected])
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August 22, 2022
The Honorable Chris Holden
Chair, Assembly Committee on Appropriations
1021 O Street, Suite 8220
Sacramento, CA 95814
RE: SB 1127 (Atkins) Workers’ Compensation: Liability Presumptions.
Notice of OPPOSE (As amended 6/13/2022)
Dear Assembly Member Holden,
The City of Milpitas must respectfully oppose SB 1127, which would fundamentally alter longstanding rules and timeframes for determining eligibility for workers’ compensation claims and would dramatically increase systemic friction and litigation, ultimately leading to the increased cost to cities.
SB 1127 reduces the timeline for employers to make a decision about covering a claimed injury, but it does not harmonize any of the other statutes and regulations that prevent employers from complying with the new abbreviated timeline. SB 1127 has three main provisions, all of which are problematic:
1. Reduces the timeframe allotted to employers to investigate rebuttable presumption claims: SB 1127 proposes to shorten the time provided for employers to investigate claims from 90 to 75 days. The bill does not, however, make a single change to the statutory and regulatory provisions that cause investigations to take more than 90 days.
2. Imposes massive new and retroactive penalties on employers: SB 1127 proposes new and unprecedented penalties all claims covered by presumption statutes, including the COVID-19 presumption that applies to every employer in the state. The penalty would apply in situations where “liability has been unreasonably rejected for claims of injury” and would be five times the amount of benefits unreasonably delayed, up to $50,000.
3. More than doubles the duration of temporary disability for cancer presumption claims: SB 1127 would extend the duration of temporary disability benefits from 104 to 240 weeks for claims covered by cancer presumption statutes. Covered employees currently have full and tax-free wage replacement benefits for one full year, and have access to disability retirement benefits that can, in some cases, be received at the same time as temporary disability benefits. As drafted, that employee could use all five years of the disability during the initial treatment period and would then still not have benefits available if there is a recurrence.
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Senate Bill 1127 (Atkins) – Workers’ Compensation: Liability Presumptions. Page 2 of 2 Notice of Opposition (As Amended 6/13/2022)
August 22, 2022
SB 1127 substantially cuts the amount of time available to cities to review whether claimed workplace injuries are, in fact, related to work. This is fundamentally unfair to cities, which deserve a fair opportunity to complete an investigation and make a thoughtful determination about the validity of a claimed injury. For public agencies, the changes would exacerbate an already costly situation.
For these reasons, the City of Milpitas opposes SB 1127.
Sincerely,
Rich Tran, Mayor
City of Milpitas
C: Meg Desmond, League of California Cities (via email: [email protected]) Milpitas City Council
Steve McHarris, Milpitas City Manager
Ashwini Kantak, Milpitas Assistant City Manager
Walter C. Rossmann, Milpitas Deputy City Manager
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455 EAST CALAVERAS BOULEVARD , MILPITAS , CALIFORNIA 95035- 5479 PHONE: 408- 586- 305 1, www.milpitas.gov
September 2, 2022
Governor Gavin Newsom via Facsimile:
1303 10th Street, Suite 1173 (916) 558-3160
Sacramento, CA 95814
Subject: AB 2208 (Kalra) – Fluorescent Lamps: Sale and Distribution: Prohibition.
Notice of SUPPORT
Dear Governor Newsom:
The City of Milpitas writes to express its support for AB 2208 (Kalra), which would ban the sale of compact fluorescent lamps (CFLs) starting on January 1, 2024, and linear fluorescent lamps (LFLs) starting on January 1, 2025.
Mercury is a metallic element that occurs naturally and is also released in the environment by humans, where it has significant health effects on people and wildlife. Fluorescent lamps, specifically, contain mercury in vaporized form, elevating inhalation risk significantly in the event a lamp breaks.
Mercury-free alternatives are readily available, making the sale of CFLS and LFLs unnecessary. LED lighting provides a safer and more cost effective alternative that is readily available.
AB 2208 removes a hazard containing product from circulation. This is consistent with several for the key strategies in the City’s recently updated and adopted Climate Action Plan -- Achieve Zero Waste and Support Circular Economy Policies.
The Milpitas City Council has identified the environment among its top Council Priority Areas. The City’s Energy and Environmental Sustainability Commission has identified effective source reduction and energy efficiency programs as a significant issue for our community and has taken action to recommend that that City of Milpitas take a support position on AB 2208.
For these reasons, the City of Milpitas respectfully urges you to support AB 2208 (Kalra). If you have any questions, do not hesitate to contact me at [email protected] or (408) 586-3029.
Sincerely,
Rich Tran, Mayor
City of Milpitas
C: Milpitas City Council
Milpitas Energy and Environmental Sustainability Commission Steve McHarris, City Manager
Walter C. Rossmann, Deputy City Manager
Tony Ndah, Public Works Director
League of California Cities, (via email: [email protected])
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455 EAST CALAVERAS BOULEVARD , MILPITAS , CALIFORNIA 95035- 5479 PHONE: 408- 586- 305 1, www.milpitas.gov
September 2, 2022
Governor Gavin Newsom via Facsimile:
1303 10th Street, Suite 1173 (916) 558-3160
Sacramento, CA 95814
Subject: AB 2784 (Ting) – Solid Waste: Thermoform Plastic Containers:
Postconsumer Thermoform Recycled Plastic.
Notice of SUPPORT
Dear Governor Newsom:
The City of Milpitas writes to express its support for AB 2784 (Ting), which would establish escalating minimum recycled content requirements for thermoform plastic containers (plastic containers such as clamshell, cup, tub, lid, or other similar rigid, non-bottle packaging formed from sheets of extruded resin).
This bill addresses multiple environmental impacts caused by ongoing use of plastic containers made from virgin raw materials including creating a market for recycling of thermoform containers which will reduce litter and contamination of recycling streams and reducing use of virgin fossil fuels-based materials use to manufacture these types of containers.
These outcomes are aligned with several for the key strategies in the City’s recently updated and adopted Climate Action Plan – Achieve Zero Waste and Support Circular Economy Policies.
The Milpitas City Council has identified the environment among its top Council Priority Areas. The City’s Energy and Environmental Sustainability Commission has identified access to effective electronics recycling and waste diversion programs as a significant issue for our community and has taken action to recommend that that City of Milpitas take a support position on AB 2784.
For these reasons, the City of Milpitas respectfully urges you to support AB 2784 (Ting). If you have any questions, do not hesitate to contact me at [email protected] or (408) 586-3029.
Sincerely,
Rich Tran, Mayor
City of Milpitas
C: Milpitas City Council
Milpitas Energy and Environmental Sustainability Commission Steve McHarris, City Manager
Ashwini Kantak, Assistant City Manager
Walter C. Rossmann, Deputy City Manager
Meg Desmond, League of California Cities (via email: [email protected])
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455 EAST CALAVERAS BOULEVARD , MILPITAS , CALIFORNIA 95035- 5479 PHONE: 408- 586- 305 1, www.milpitas.gov
September 2, 2022
Governor Gavin Newsom via Facsimile:
1303 10th Street, Suite 1173 (916) 558-3160
Sacramento, CA 95814
Subject: SB 1046 (Eggman) – Solid Waste: Pre-Checkout Bags.
Notice of SUPPORT
Dear Governor Newsom:
The City of Milpitas writes to express its support for SB 1046 (Eggman), which would prohibit a store from providing a pre-checkout bag to a customer if the bad is not either a compostable bag or a recyclable bag.
The U.S. EPA found that the United States generated 4.2 million tons of plastic bags, sacks, and wraps in 2018. Of that amount, only 10% was recycled. California has aggressive laws to reduce plastic litter and increase diversion of materials from landfill. Many communities, like Milpitas, have taken local action to eliminate of single use plastic bags. Pre-check out bags remain unregulated and readily available.
SB 1046 takes the next logical step by requiring the pre-checkout produce bags be reusable, recyclable, or compostable. This will reduce contamination of organic waste and compost streams and reduce the prevalence of microplastics entering the environment. Maximizing recyclability/composability of plastic precheck bags aligns with the City of Milpitas’ recently adopted and updated Climate Action Plan with includes a key strategy to Achieve Zero Waste.
The Milpitas City Council has identified the environment among its top Council Priority Areas. The City’s Energy and Environmental Sustainability Commission has identified reducing plastic waste and plastic contamination of waste streams as a significant issue for our community and has taken action to recommend that that City of Milpitas take a support position on SB 1046.
For these reasons, the City of Milpitas respectfully urges you to support SB 1046 (Eggman). If you have any questions, do not hesitate to contact me at [email protected] or (408) 586-3029.
Sincerely,
Rich Tran, Mayor
City of Milpitas
C: Milpitas City Council
Milpitas Energy and Environmental Sustainability Commission Steve McHarris, City Manager
Ashwini Kantak, Assistant City Manager
Walter C. Rossmann, Deputy City Manager
Meg Desmond, League of California Cities (via email: [email protected])
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455 EAST CALAVERAS BOULEVARD , MILPITAS , CALIFORNIA 95035- 5479 PHONE: 408- 586- 305 1, www.milpitas.gov
September 2, 2022
Governor Gavin Newsom via Facsimile:
1303 10th Street, Suite 1173 (916) 558-3160
Sacramento, CA 95814
Subject: SB 1215 (Newman) Electronic Waste Recycling Act of 2003: Covered Battery-Embedded Products.
Notice of SUPPORT
Dear Governor Newsom:
The City of Milpitas writes to express its support for SB 1215 (Newman), which would update and expand the state's existing, successful Covered Electronic Waste Recycling Program ("E-Waste Recycling Program") to recycle and properly manage a broader range of hazardous electronic waste, specifically battery embedded products.
Expanding the state's E-Waste Recycling Program will keep the program current with evolving technology and address the influx of electronic waste disposed of in California. Communities need to have modern options for recycling battery embedded technology that has become a keep took in each of our daily lives. Effective recycling programs are also key to ensuring safety of solid waste collection and processing workers and facilities.
SB 1215 is a step in ensure that products used are appropriately recycled. This is consistent with several for the key strategies in the City’s recently updated and adopted Climate Action Plan – Achieve Zero Waste and Support Circular Economy Policies.
The Milpitas City Council has identified the environment among its top Council Priority Areas. The City’s Energy and Environmental Sustainability Commission has identified access to effective electronics recycling and waste diversion programs as a significant issue for our community and has taken action to recommend that that City of Milpitas take a support position on SB 1215.
For these reasons, the City of Milpitas respectfully urges you to support SB 1215 (Newman). If you have any questions, do not hesitate to contact me at [email protected] or (408) 586-3029.
Sincerely,
Rich Tran, Mayor
City of Milpitas
C: Milpitas City Council
Milpitas Energy and Environmental Sustainability Commission Steve McHarris, City Manager
Ashwini Kantak, Assistant City Manager
Walter C. Rossmann, Deputy City Manager
Meg Desmond, League of California Cities (via email: [email protected])
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455 EAST CALAVERAS BOULEVARD , MILPITAS , CALIFORNIA 95035- 5479 PHONE: 408- 586- 305 1, www.milpitas.gov
September 2, 2022
Governor Gavin Newsom via Facsimile:
1303 10th Street, Suite 1173 (916) 558-3160
Sacramento, CA 95814
Subject: SB 1256 (Wieckowski) Waste Management: Disposable Propane Cylinders.
Notice of SUPPORT
Dear Governor Newsom:
The City of Milpitas writes to express its support for SB 1256 (Wieckowski), which would prohibit the sale of disposal propane cylinders on and after January 1, 2028.
Disposable propane cylinders are single-use, such as one-pound propane cylinders, typically used in camping stoves, portable heaters, lanterns, portable showers, tailgating grills, boat engines, scooters, lawn care equipment, insect foggers, and welding equipment. It is estimated that over 4 million disposable one-pound propane cylinders are sold into California each year. Refillable one-pound propane cylinders are also sold in California and nationally, however, sales information or market share for these products is unknown. Proper disposal of these cylinders is expensive and improper disposal can be hazardous to solid waste collection personnel and processing facilities.
SB 1256 is a step in ensure that products used are appropriately recycled. This is consistent with several for the key strategies in the City’s recently updated and adopted Climate Action Plan – Achieve Zero Waste and Support Circular Economy Policies.
The Milpitas City Council has identified the environment among its top Council Priority Areas. The City’s Energy and Environmental Sustainability Commission has identified access to effective recycling and waste diversion programs as a significant issue for our community and has taken action to recommend that that City of Milpitas take a support position on SB 1256.
For these reasons, the City of Milpitas respectfully urges you to support SB 1256 (Wieckowski). If you have any questions, do not hesitate to contact me at [email protected] or (408) 586-3029.
Sincerely,
Rich Tran, Mayor
City of Milpitas
C: Milpitas City Council
Milpitas Energy and Environmental Sustainability Commission Steve McHarris, City Manager
Walter C. Rossmann, Deputy City Manager
Tony Ndah, Public Works Director
League of California Cities, (via email: [email protected])
C ITY OF M ILPITAS
O FFICE OF M AYOR R ICH T RAN
58 Item # C6.
455 EAST CALAVERAS BOULEVARD , MILPITAS , CALIFORNIA 95035- 5479 PHONE: 408- 586- 3051, www.milpitas.gov
June 17, 2022
The Honorable Richard Roth
Chair, Senate Business, Professions and Economic Development Committee 1021 O Street, Room 3320
Sacramento, CA 95814
Subject: AB 1740 (Muratsuchi) Catalytic Converters.
Notice of SUPPORT (As Introduced January 31, 2022)
Dear Senator Roth,
The City of Milpitas is pleased to support AB 1740 (Muratsuchi). This measure would require a core recycler who accepts a catalytic converter to maintain a written record of the vehicle from which the catalytic converter was removed and would prohibit a core recycler from purchasing or receiving a catalytic converter from a person that is not a commercial enterprise or owner of the vehicle from which the catalytic converter was removed.
According to State Farm, data shows in 2019, the company paid $2.5 million for 1,104 catalytic converter theft claims. In 2020, it paid out more than four times that amount for 4,507 catalytic converter theft claims. Last year, California made up almost one-third of all catalytic converter claims in the United States, with $23 million being spent on 9,057 catalytic converter theft claims within the state.
According to the National Insurance Crime Bureau, catalytic converter theft grew by 325% from 2019 to 2020. Catalytic converter theft continues to plague the Bay Area. The City of Milpitas experienced a 175% increase in catalytic converter thefts from 2020 to 2021. This type of theft has become a regular occurrence and is costing our residents thousands of dollars per instance.
Existing law makes it extremely difficult for local law enforcement officers to apprehend catalytic converter thieves despite the significant increase in catalytic converter thefts. AB 1740 seeks to address the dramatic rise in catalytic converter thefts in California’s communities by targeting black market sales, making it more difficult for bad actors in this space to buy and sell stolen catalytic converters.
For these reasons, the City of Milpitas supports AB 1740.
Sincerely,
Rich Tran, Mayor
City of Milpitas
C: Milpitas City Council
Steve McHarris, City Manager
Walter C. Rossmann, Deputy City Manager
Jared Hernandez, Chief of Police
Senator Bob Wieckowski, (via email: [email protected]) Assemblymember Alex Lee, (via email: [email protected]) Seth Miller, League of California Cities Peninsula Division Public Affairs Manager, (via email: [email protected]) League of California Cities, (via email: [email protected])
C ITY OF M ILPITAS
O FFICE OF M AYOR R ICH T RAN
59 Item # C6.
455 EAST CALAVERAS BOULEVARD , MILPITAS , CALIFORNIA 95035- 5479 PHONE: 408- 586- 3059, www.milpitas.gov
June 17, 2022
The Honorable Lena Gonzalez
Chair, Senate Transportation Committee
1021 O Street, Room 7720
Sacramento, CA 95814
Subject: AB 2181 (Berman) Santa Clara Valley Transportation Authority.
Notice of OPPOSITION – UNLESS AMENDED
Dear Senator Gonzalez,
On behalf of the City of Milpitas, I am writing to express the City's oppose unless amended position to Assembly Bill (AB) 2181 (Berman). AB 2181 proposes significant changes to the membership and governance of the Board of Directors of the Santa Clara Valley Transportation Authority (VTA) significantly impacting small to mid-size cities such as the City of Milpitas in shaping regional transportation initiatives and critical funding decisions.
The City of Milpitas has been in the forefront of supporting public transit and transit-oriented housing.
Over the last decade, in cooperation with the VTA and BART, the City facilitated the expansion of the Milpitas Transit Center close to the Great Mall bringing together vital transit services such as BART, Lightrail, and bus services. In the City’s past and current General Plan, the City has planned for a transit-oriented community around the Milpitas Transit Center, which has allowed the City to achieve and even exceed its total Regional Housing Needs Assessment (RHNA) requirements. This success can partially be attributed to Members of the City of Milpitas City Council serving on the VTA Board understanding the nexus between the City’s housing needs and transit development.
However, VTA not only serves as a public transit partner for our City, but it also allocates billions of dollars in transportation grants from Federal, State, regional, and local funding sources (e.g., the 2016 Measure B sales tax in Santa Clara County) to the cities within the County. Consequently, VTA’s decisions related to transit service levels in each city and funding for road pavement maintenance, active transportation improvements, and major infrastructure, directly affect each city’s ability to plan for its transportation needs and land-use plans. An active partnership with every city that includes understanding each city’s community needs and priorities is essential for the VTA Board of Directors. For example, in its effort to address the first/last mile and other transit challenges, the City received approximately $1.08 million in funding from the 2016 Measure B Innovative Transit Service Models Program administered by VTA. Working closely with VTA, with the funding from the Measure B Program and a City contribution of about $270,000, the City will implement Milpitas OnDemand, a 12-month pilot program for an on-demand, micro-transit service. Milpitas OnDemand will help address the first/last-mile challenge in Milpitas and provide a convenient and affordable transportation option for Milpitas’ residents, employees, and vulnerable/transit-dependent populations.
C ITY OF M ILPITAS
O FFICE OF M AYOR R ICH T RAN
60 Item # C6.
Assembly Bill 2181 (Berman) – Santa Clara Valley Transportation Authority. Page 2 of 2 Notice of Opposition – Unless Amended
June 17, 2022
Currently, there are 12 voting members on the VTA Board, of which 5 directors represent 14 mid-size to small cities. The City of Milpitas is part of a rotation of two director and one alternate director seats representing the cities of Santa Clara, Sunnyvale and Milpitas ensuring appropriate policy input from the County’s three largest cities after the City of San Jose. This arrangement has served the City well.
In contrast, AB 2181 would impose ranked-choice voting among 14 mid-size to small cities (e.g., all the cities within Santa Clara County except for San Jose) and eliminate the allocation of alternate directors forcing the City of Milpitas to compete for five seats of which only three seats are at most reserved for elected officials. Allowing only up to three elected officials from 14 cities is not sufficient. In addition, the community members would have no accountability to the voters in our cities in making billion-dollar funding decisions on critical transportation projects. The ranked-choice voting process among 14 city councils in our region would not ensure that the community representatives selected will understand how local government funding streams work or what the transportation priorities in the region and the City of Milpitas are.
In fact, ranked-choice voting among all the cities will make the governing process more complicated and convoluted and create more problems than it seeks to fix. This is further intensified if the representative is a private citizen who may not understand the nexus of transit services, transportation funds and regional housing needs.
The impact of the changes proposed by AB 2181 (Berman) will have long-lasting negative effects on shaping regional transportation initiatives, critical funding decisions and housing needs and undermine the principle of regional representation, balanced with population, the VTA is based upon.
For these reasons, the City of Milpitas opposes AB 2181 (Berman) unless amended with the City of Milpitas strong representation of its elected official as part of the rotation among the cities of Milpitas, Santa Clara, and Sunnyvale. Thank you for your consideration and understanding of our position.
Please do not hesitate to contact Walter C. Rossmann, Deputy City Manager, at 408-586-3012, if you have any questions.
Sincerely,
Rich Tran, Mayor
City of Milpitas
C: The Honorable Marc Berman, California State Assembly (via email: [email protected]) The Honorable Josh Becker, California State Senate Member, Senate Transportation Committee (via email:
[email protected])
Rhonda Paschal, Deputy Legislative Secretary, Office of Governor Newsom Santa Clara Valley Transportation Authority, Board of Directors
Seth Miller, League of California Cities Regional Public Affairs Manager (via email: [email protected]) Meg Desmond, League of California Cities (via email: [email protected]) Milpitas City Council
Steve McHarris, Milpitas City Manager
Ashwini Kantak, Milpitas Assistant City Manager
Walter C. Rossmann, Milpitas Deputy City Manager
61 Item # C6.
455 EAST CALAVERAS BOULEVARD , MILPITAS , CALIFORNIA 95035- 5479 PHONE: 408- 586- 3051, www. milpitas. gov
June 17, 2022
The Honorable Richard Roth
Chair, Senate Business, Professions and Economic Development Committee 1021 O Street, Room 3320
Sacramento, CA 95814
Subject: AB 2407 (O’Donnell) Vehicle Tampering: theft of Catalytic Converters.
Notice of SUPPORT (As Amended March 10, 2022)
Dear Senator Roth,
The City of Milpitas is pleased to support AB 2407 (O’Donnell). This measure would require a core recycler to report specified information about the purchase and sale of catalytic converters to the chief of police or the sheriff, obtain and preserve a seller’s thumbprint, and request to receive theft alert notifications regarding the theft of catalytic converters.
According to State Farm, the company paid $2.5 million for 1,104 catalytic converter theft claims in 2019. In 2020, it paid out more than four times that amount for 4,507 catalytic converter theft claims.
Last year, California made up almost one-third of all catalytic converter claims in the United States, with $23 million being spent on 9,057 catalytic converter theft claims within the state.
According to the National Insurance Crime Bureau, catalytic converter theft grew by 325% from 2019 to 2020. Catalytic converter theft continues to plague the Bay Area. The City of Milpitas experienced a 175% increase in catalytic converter thefts from 2020 to 2021. This type of theft has become a regular occurrence and is costing our residents thousands of dollars per instance.
The current lack of prosecution for those who commit property crimes and the absence of regulation for those who recycle catalytic converters is directly associated to the proliferation of this crime. AB 2407 seeks to address the dramatic rise in catalytic converter thefts in California’s communities by establishing a more robust reporting system for the sale and transfer of these auto parts.
For these reasons, the City of Milpitas supports AB 2407.
Sincerely,
Rich Tran, Mayor
City of Milpitas
C: Milpitas City Council
Steve McHarris, City Manager
Walter C. Rossmann, Deputy City Manager
Jared Hernandez, Chief of Police
Senator Bob Wieckowski, (via email: [email protected]) Assemblymember Alex Lee, (via email: [email protected]) Seth Miller, League of California Cities Peninsula Division Public Affairs Manager, (via email: [email protected]) League of California Cities, (via email: [email protected])
C ITY OF M ILPITAS
O FFICE OF M AYOR R ICH T RAN
62 Item # C6.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Consider the Recommendations from Mayor Tran for Appointments to the Youth Advisory Commission (Contact: Mayor Tran, 408- 586-3029) Category: Consent Calendar-Leadership and Support Services Meeting Date: 9/6/2022
Recommendation: Receive the recommendation from Mayor Tran and approve appointments to the Youth Advisory Commission.
Background:
The City of Milpitas has 13 Commissions (including the Measure F Oversight Committee), with members appointed by the Mayor and confirmed by the City Council. They advise the Milpitas elected officials on a variety of community interest and policy areas.
Any resident interested in serving on a City Commission must complete a Commission Application and submit the form to the City Clerk. Copies of the applications are provided to the Mayor for his consideration. Per Government Code 40605, in a general law city where the office of Mayor is an elective office, the Mayor with the approval of the City Council, shall make all appointments to boards, commissions, and committees unless otherwise specifically provided by statute.
Current Commissioners may seek to be reappointed upon the expiration of their current term, but reappointment to a new term is not automatic. Those Commissioners seeking reappointment must contact the City Clerk and the Mayor to convey their request. Re-appointment must be recommended by the Mayor and confirmed by the City Council.
Analysis:
Mayor Tran is making the following recommendations for appointment to the Youth Advisory Commission:
1. Move Nitya Kaki from Alternate No. 1 to a Commissioner seat with a term expiring September 2025.
2. Move Srinand Mudunuri from Alternate No. 2 to a Commissioner seat with a term expiring September 2025.
All recommended Commissioner appointments have been reviewed and confirmed by the City Clerk’s office.
Fiscal Impact:
There is no fiscal impact associated with this item.
Recommendation:
Receive the recommendation from Mayor Tran and approve appointments to the Youth Advisory Commission.
Attachments:
1. Applications
63 Item # C7.
Name:
Last
First
___________________________________________________
____________________________________
_______
Signature
Date
COMMISSION
RE
QUESTING REAPPOINTMENT
FOR
_____________________________________________________
REAPPOINTMENT
APPLICATION
CITY OF MILPITASCOMMISSION
I have sufficient time to devote to this responsibility and will attend the required meetings if I am
re
appointed
.
City Clerk, Milpitas City Hall 3
rd
floor, 455 E. Calaveras Blvd., Milpitas, CA 95035,
email:
[email protected]
E-mail, send in US mail or drop off your completed
reappointment request
:
PLEASE BE AWARE THAT ALL COMMISSION APPLICATIONS ARE PUBLIC RECORD Rea
ppointments to Commissions are made by the Mayor with the concurrence of the City Council.
Currently serving as :
Years of service:
Commissioner
Alternate
If
Youth Advisory Commission
applicant, indicate your grade & school: _______________________________________ I am requesting reappointment for an additional term.
Youth Advisory Commission
9th Grade; Milpitas High School
7/16/22
Nitya Kaki 1 64
Item # C7.
65 Item # C7.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Confirm Appointment of Milpitas Unified School District Representative to the Energy and Environmental Sustainability Commission (Contact: Suzanne Guzzetta, Acting City Clerk, 408-586-3001)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 9/6/2022
Recommendation: Confirm appointment of Milpitas Unified School District representative Jared Acosta to the Energy and Environmental Sustainability Commission to an unexpired term ending October 2023.
Background:
In 2018, the City Council adopted a Commissioner Handbook, and, in 2019, approved updated Bylaws and Bylaw Addendums for the City of Milpitas Commissions including the Energy and Environmental Sustainability Commission. While the updates standardized membership on those Commissions to seven voting members and two alternates, the bylaw addendums designate membership requirements to fill certain seats.
Of the seven members on the Energy and Environmental Sustainability Commission, one is designated as a representative of the Milpitas Unified School District. The member is selected by the Milpitas Unified School District Board or by the Milpitas Unified Superintendent and confirmed by City Council.
Superintendent Cheryl Jordan selected Jared Acosta, Supervisor of Grounds, Transportation & Safety to represent the Milpitas Unified School District on the Energy and Environmental Sustainability Commission.
Fiscal Impact:
There is no fiscal impact associated with this item.
Recommendation:
Confirm appointment of Milpitas Unified School District representative Jared Acosta to the Energy and Environmental Sustainability Commission to an unexpired term ending October 2023.
Attachments:
None.
66 Item # C8.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Approve the 2022 Youth Advisory Commission Scholarship Recipients (Staff Contact: Renee Lorentzen, Director of Recreation and Community Services, 408- 586-3409)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 9/6/2022
Recommendation: Approve budget appropriation of $1,500 to the Recreation and Community Services Department operating budget for three individual $500 Youth Advisory Commission Community Service Scholarships.
BACKGROUND:
Each year, the Youth Advisory Commission awards service scholarships to deserving Milpitas resident youth who are high school students, Junior or Senior (outgoing) standing. Scholarships of $500 are approved and are presented annually at a City Council Meeting. At the June 9, 2022 Youth Advisory Commission meeting, the Commission reviewed submitted 2022 Scholarship Applications to make recommendation to City Council on final Scholarship awards.
ANALYSIS:
At the June 9, 2022 Youth Advisory Commission meeting, the Commission reviewed eight (8) 2022 Scholarship Applications.
The Commission reviewed eligible applications on their ability to demonstrate:
• A history of community service beyond any school requirements. • Exemplary leadership and be a role model in his/her community. • Completion of the scholarship questionnaire, consisting of one short essay question. • Possession a minimum 2.5 accumulative, weighted GPA. Transcript is required. • One (1) letter of recommendation, including contact information, from a teacher, counselor, or organization leader.
Youth Advisory Commission members are not eligible for this scholarship.
After careful deliberation and discussion, the Commission voted to recommend three (3) Scholarships to Catherine Fong, Noelle Huynh and Trinh Tran for City Council final approval.
Fiscal Impact:
This item requires a budget appropriation of $1,500 from the Youth Holding Account into the Recreation and Community Services operating budget. The Youth Holding Account balance is $15,088.65 which includes monies derived from donations, grants, and fundraisers hosted by the Youth Advisory Commission.
California Environmental Quality Act:
By the definition provided in the California Environmental Quality Act (CEQA) Guidelines Section 15378, this action does not qualify as a “project” for the purpose of CEQA.
Recommendation(s):
Approve budget appropriation of $1,500 to the Recreation and Community Services Department operating budget for three individual $500 Youth Advisory Commission Community Service Scholarships.
Attachment:
Youth Advisory Commission Scholarship Recommended Applications 67 Item # C9.
Youth Advisory Commission
Community Service Scholarship Application
Scholarship Application and Questionnaire Due: June 7, 2022 The City of Milpitas Youth Advisory Commission has established a scholarship program for Milpitas residents currently in high school, of junior or senior (outgoing) standing. The purpose of the scholarship program is to encourage students to continue their education by enrolling in a higher education or trade school. and provide financial assistance to students who wish to continue their education. A $500 monetary scholarship will be awarded to two (2) high school junior or senior, to be used toward future school opportunities/supplies/tuition.
The recipient must meet the following criteria and will be selected by the Youth Advisory Commission:
• Must be a high school junior or senior in the 2021/22 school year and a resident of Milpitas. • Must demonstrate a history of community service beyond any school requirements. • Must demonstrate exemplary leadership and be a role model in his/her community. • Must complete the scholarship questionnaire, consisting of one short essay question. • Must possess a minimum 2.5 accumulative, weighted GPA. Transcript is required. • One (1) letter of recommendation, including contact information, from a teacher, counselor, ororganization leader.
• Applications must be received no later than June 7, 2022 at 5:00 p.m. Late applications will not be accepted.
Please Print
Tran Ngoc Trinh D.
Last First MI
Street, City & Zip
Phone Email
Milpitas High School UC Berkeley
Graduating High School Jr. College/College/Trade School /University you plan/ hope on attending
3.94 GPA (accumulative, weighted)
Note: Please attach transcript. GPA and transcripts will be kept confidential.
Are you or your family currently receiving public assistance, utilizing assistance programs, low-income benefits or services? (Optional)
●
68 Item # C9.
Milpitas Community Center, 457 E. Calaveras Blvd., (408) 586-3210 Milpitas Senior Center, 40 N. Milpitas Blvd. (408) 586-3400 Milpitas Sports Center, 1325 E. Calaveras Blvd., (408) 586-3225 Youth Advisory Commission
Community Service Scholarship Questionnaire
(Attach to application)
Please type your response to the following short essay questions on a separate piece of paper. Responses should not exceed 500 words.
1. Tell us about the Community Service project that you were most proud of. What did you learn from that experience?
- I am most proud of my community service experience with Read Write Discover (RWD), a nonprofit that partners with libraries to pair high school tutors with students in K-8th grade. I began as a tutor in freshman year, and I advanced to being a co-coordinator of the program as well as a tutor in sophomore year. I tutored again in junior year, and I am now a program manager.
The program allows tutors to create their own lesson plans and have full freedom over the curriculum, enabling me to discover a passion for creating resources and guiding others to reach their potential. As a tutor, I would spend hours writing my own interactive activities, tailored to the student’s individual needs and interests. I have pursued several other educational opportunities since then, and I have been told that I am a mentor figure to some underclassmen in my clubs, which I believe started with that original experience at RWD.
When I became a co-coordinator, I was responsible for following the organization’s guidelines to successfully host a virtual RWD program at the Educational Park Library. I recruited and interviewed tutors, facilitated informational sessions with parents, assisted tutors with lesson planning, and coordinated numerous events such as an awards ceremony, among other responsibilities.
Now, as a program manager, I am guiding this year’s coordinators to set up their own programs and participating in leadership team meetings to make more large-scale developments to the organization.
Throughout my years with RWD, I believe I have learned most from the other volunteers. I remember striving to emulate my co-coordinator, who was one of the smartest and most competent people I’d met -- she created organized and aesthetically pleasing spreadsheets, wrote pages-long resources that the organization still continues to use, and involved herself with many aspects beyond her role. Moreover, my current supervisor is an amazing “people person” who is able to keep the program manager team together. The executive director also has a full-time job yet manages to set aside great blocks of time to support the entire organization. Overall, the volunteers comprise one of the most robust and passionate teams that I’ve had the privilege to work with, and I am continually learning from their dedication and skill sets.
2. How will this scholarship help you achieve your educational goals? - I will be attending UC Berkeley in the fall to pursue Social Welfare. Since I plan to become a social worker and potentially attain a leadership position within the field, I will likely also need a master’s degree. My estimated cost of attendance at UC Berkeley is $40,024 for each undergraduate year. Although I will be able to cover the first year with financial aid and scholarships, I am concerned about my ability to pay for the following years. My mom is a homemaker and my dad is a waiter, so our family income falls near the poverty threshold. As such, my parents will not be able to contribute much (if anything) to my college tuition. This scholarship will help me cover the cost of transportation, books, and some personal expenses during my undergraduate career so that I can save up for my master’s. 69 Item # C9.
3. Tell us about a time when you experienced failure and what you learned from that experience.
- One of my most memorable experiences with failure came as a Speech & Debate competitor in sophomore year. I have always struggled to find my voice; I remember freezing up and crying in fourth grade when I had to give a presentation. As such, I joined the Speech team to overcome my shyness. I competed in Original Oratory events, where I composed, memorized, and delivered timed 10-minute speeches to judges and other competitors.
At the first tournament I attended, I panicked during the first round and not only skipped several paragraphs of my speech, but also told the judge that I forgot what I was supposed to say. During the second round, I stumbled over the introductory paragraph and then apologized out loud.
During the third round, I rushed through the speech and spoke too quietly to be heard. I ended up placing around 70th out of 92 speakers -- which was, all things considered, a generous placement.
To be honest, the hours-long tournament was incredibly stressful. I cried and contemplated going home after the second round, but I figured that I’d already invested too much time and effort to just leave.
Yet the experience did help me overcome my social anxiety. I struck up conversations with other students while waiting for rounds to start, and I enjoyed getting to know them a bit outside of the competitive setting. I also talked to the first judge afterwards, who told me about how her daughter also joined to overcome her shyness and that “it was a journey.” These little interactions made me realize that people tend to be more human than I’d imagined them to be.
Most importantly, I learned that it’s okay to take risks and embarrass yourself. Though I still get nervous with public speaking and talking to strangers, it comforts me to remember that there are few speaking opportunities as stressful as that first tournament.
All applications and questionnaires are to be submitted by email , by June 7, 2022 to:
Anthony Teschera, Recreation Program Coordinator
E-mail: [email protected] Questions:
(408) 586-3231
I, the undersigned, do herby agree to allow the individual named herein to participate in the YAC Community Service Scholarship program. I certify that all statements made in this application are true and correct to the best of my knowledge, and I agree and understand that if I am to receive this scholarship, any false statements may result in my disqualification.
June 7, 2022
Signature of Applicant Date
70 Item # C9.
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4/28/22, 8:55 PM Transcripts
https://go.musd.org/Transcripts.aspx 2/2
2020-2021 | Milpitas High SchoolGrade 11 | Fall Semester 2020-2021 | Milpitas High SchoolGrade 11 | Spring Semester 2021-2022 | Milpitas High SchoolGrade 12 | Fall Semester 341 2019-2020 6 10 601955 Orchestra
P CR 5.00 5.00
341 2019-2020 6 10 700095 CompSciPrinc P CR 5.00 5.00
341 2020-2021 5 11 100053 English III H P H A 5.00 5.00 341 2020-2021 5 11 106045 Journalism P A- 5.00 5.00
341 2020-2021 5 11 204565 AP Statistics P H/AP A- 5.00 5.00 341 2020-2021 5 11 302063 AP US History P H/AP A- 5.00 5.00 341 2020-2021 5 11 305945 Facing Hist P A- 5.00 5.00
341 2020-2021 5 11 306865 AP Psychology P H/AP A 5.00 5.00
341 2020-2021 6 11 100053 English III H P H B+ 5.00 5.00 341 2020-2021 6 11 106045 Journalism P A- 5.00 5.00
341 2020-2021 6 11 204565 AP Statistics P H/AP C- 5.00 5.00 341 2020-2021 6 11 302063 AP US History P H/AP B 5.00 5.00 341 2020-2021 6 11 306865 AP Psychology P H/AP A- 5.00 5.00 341 2020 2021 6 11 307145 Sociology P B+ 5 00 5 00
341 2021-2022 5 12 100064 AP English P H/AP A 5.00 5.00 341 2021-2022 5 12 303044 American Govt P A- 5.00 5.00 341 2021-2022 5 12 403045 Physics P B 5.00 5.00
341 2021-2022 5 12 600205 PE HS N B 5.00 5.00
341 2021-2022 5 12 700105 AP Cmptr Sci P H/AP C- 5.00 5.00
No Transcript Indicators Defined
Aeries Version 9.22.4.21Copyright © 1995-2022 Aeries Software. All Rights Reserved. 72 Item # C9.
Home Of The Trojans
Milpitas High School
1285 Escuela Parkway, Milpitas,California 95035 (408) 635-2800 Letter of Recommendation for Trinh Tran
February, 2021
In the fall of 2020, I received an email from Trinh Tran, a young lady I did not know, and she asked if she could start a literary magazine on our campus. Milpitas High School is a large school with over 3,200 hundred students and a richly diverse population. We boast that over 45 languages are spoken on our campus. We had not had a literary magazine at MHS for over 20 years, and though I was pleased with the idea of establishing a literary magazine, I understood that the task would not be easy.
But within six months, Trinh Tran and her staff published the first edition of the Arras Literary Magazine.
The magazine was poignant, creative and relevant. It was received with enthusiasm and high praise from our high school community, and now Trinh is well underway on the second edition. The success of Arras rests solely on Trinh’s shoulders. She single-handedly assembled a group of motivated students and began workshops in writing, editing, and evaluating. She trained her staff and prepared them for the work they would have to do on the magazine. Trinh set high standards for her staff, and she encouraged everyone to work hard for their goal. As the magazine began to receive submissions, Trinh supervised the editors and made sure each submission met the magazine’s criteria for excellence. Trinh proved to be a confident leader and a take charge young woman. She listens to those she works with, she understands how to delegate responsibility, and she knows how to empower those around her.
Though Trinh has excelled in the founding and publication of our school literary magazine, Trinh is first and foremost a gifted and talented writer. Her command of the written word is evident in her poetry and short stories. Her works are passionate, full of imagery and thought provoking. Trinh creates emotional, character-driven pieces. Her complex characterization enables her readers to connect with her characters, get inside their heads, and explore their impulses and motivations. Trinh’s writing strengths include her imaginative phrasing and ideas, the use of figurative language, and her ability to evoke emotions in her readers. Trinh also focuses on themes such as social dynamics, coming of age, and the importance of community. Trinh is inspired by life and that inspiration is reflected in her work. Trinh speaks with a fresh voice and conveys a sense of vitality in her writing. She is reflective, mature, and maintains a sense of purpose.
April, 2022
I wrote this letter of recommendation for Trinh Tran when she was applying to summer writing programs.
Of course, she was accepted into a program and had a successful summer. This letter speaks to Trinh’s excellent leadership, organizational and creative qualities. Trinh possesses the maturity needed to be successful in college. She is willing to learn, work hard, and take on new challenges. Trinh is respected by teachers and peers alike and will be an asset to the university she attends.
Heidi Shannahan
MHS English Department
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CamScanner
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Youth Advisory Commission
Community Service Scholarship Questionnaire
Noelle Huynh
1. Tell us about the Community Service project that you were most proud of. What did you learn from that experience?
During COVID-19, I saw a lack of interactive clubs or classes, especially anything science-related. I felt compelled to remedy the gap between engaging classes and lack of chemistry exposure to younger students.
So I founded CleverChem, a free online program offering chemistry classes to sixth through ninth-graders. I reached out to my science teachers, PTSA groups, and friends to spread the word about CleverChem, and led a team of program directors and instructors.
I created interactive activities, projects, and games. I saw kids eager to share ideas, apply scientific concepts to everyday life, and display genuine curiosity for chemistry. Some joined Science Olympiad because they found an interest in learning the practical application of science.
I learned how my community contributions can impact many with an idea I had. Over six weeks, CleverChem taught 150 students from local schools and beyond. I received community recognition from Superintendent Cheryl Jordan and President John Norwood from the Milpitas Unified School District. The satisfaction of hearing students’ newfound appreciation for chemistry has inspired me to continue sharing how science is universal in our lives.
2. How will this scholarship help you achieve your educational goal? While my acceptance to UC Davis has granted me a foot in the door, this opportunity to enrich my academic career and fund my future is only made possible by receiving the most amount of financial aid I need. Living away from home costs my family and me more than $50,000, even with using unsubsidized and subsidized loans. Necessities would include room and board, transportation, meal plans, and quarterly tuition.
I would utilize the scholarship awarded to continue being a successful student, alleviate financial burdens from my family, graduate debt-free, and attain a degree in Biochemistry.
I see the Youth Advisory Committee's scholarship as a start to a strong foundation for my college journey, motivating me to continue my goal of becoming a dermatologist.
3. Tell us about a time you experienced failure, and what you learned from that experience?
77 Item # C9.
Math was a constant challenge affecting my grades and self-esteem in my early school years.
The desire to see myself volunteer to explain a problem, contribute to math discussions, and succeed overall prompted me to adapt, which led to my enrollment in Kumon, an after-school math program.
I began to change my mindset that I can achieve anything I set forth.
I balanced daily Kumon assignments, even while taking challenging Honors and AP courses. I challenged myself to complete geometry up to complex differential equations. During COVID-19, I continued to prioritize math by having numerous virtual appointments with tutors for necessary support. As I improved my math skills over five years, I became a better version of myself. I regularly asked teachers for assistance, became a reliable mentor, and tutored students.
My motivation to achieve beyond my current capabilities grew beyond math and extended to daily life and influenced my character. Despite moments of fear or doubt, I learned to adapt to see challenges as a window of new possibilities. My internal drive to pursue new opportunities and improve myself, as a student and as a person, has made me who I am today. 78 Item # C9.
Noelle Huynh
Milpitas, CA 95035| Milpitas High School|
Community & Volunteer Involvement
Member Volunteer
Milpitas Speech & Debate Team, Oct 2018 - Present
Member of MHS Speech & Debate team responsible for planning & volunteering at biannual MHS Stephen Stewart speech & debate tournaments
● Create & schedule volunteer shifts via spreadsheet, sign-up forms, & emails ● Manage food supply, cashier, & students responsible for cafeteria staff ● Process reimbursement forms for foods &/or supplies
● Operate the help-desk for parent judges & competitors answering questions regarding the tournament rules, regulations, &/or debate round schedules ● Judge debate rounds for tournament competitors, filling out ballots & giving written feedback Speech & Debate Instructor
Milpitas Speech & Debate Program, July 2020 - July 2021 *Milpitas Speech & Debate Program is a student-run program offering free public speaking classes for 3rd-8th graders in MUSD schools*
Team member & instructor responsible for leading weekly classes, designing curriculum, & teaching the rudiments of competitive speech & debate to MUSD students ● Taught 60+ third grade students in local school district fundamental skills of speech & debate leading six classes per week (1.25 hours each)
● Taught 30+ fifth grade students in local school district fundamental skills of speech & debate leading one class per week (1.25 hours each)
● Led & maintained active communication with students' parents regarding homework extensions, student progress, & rescheduling classes
● Provided office hours for students needing additional support ● Created & managed Google Classrooms positing meeting recordings, assignments, announcements, & relevant teaching/study materials
Debate Team Mentor
Milpitas Speech & Debate Team, Aug 2020 - Present
Member of MHS Speech & Debate team mentoring novice competitors participating in Lincoln-Douglas debate competitions
● Lead weekly practice sessions for novice debate members via in-person & Zoom ● Teach fundamental skills including writing debate arguments, delivering rebuttal speeches, & researching current topics
● Assist main debate coach in facilitating practice rounds ● Judge practice rounds giving feedback & ideas for improvement 79 Item # C9.
Mathematics Instructor
Bliss Kids Organization, June 2021 - August 2021
Team member & mathematics instructor responsible for teaching seventh-grade math to incoming 7th & 8th-grade students from in & out-of-state
*Bliss Kids is a 501(C)(3) non-profit organization providing math, English, & coding classes to 3rd through 8th graders. The organization fundraises money & educational resources to sponsor schools in developing countries.*
● Conducted 1.45-hour Zoom meetings among 50+ students weekly ● Designed lessons & worksheets adhering to 7th grade Common Core mathematical standards ● Held discussions about math applications in real life (e.g. sales tax, proportions) ● Created & sent student progress reports to parents
● Created & managed Google Classrooms positing meeting recordings, assignments, announcements, & relevant teaching/study materials
Extracurricular Activities
Debate Competitor & Team Secretary
Milpitas Speech & Debate Team, October 2017 - Present
Debate competitor since 8th grade competing in Public Forum & Lincoln Douglas competitive events, Team Secretary for MHS Speech & Debate team since August 2020 ● Participate in two-hour practice sessions weekly with debate coach preparing arguments, rebuttal speeches, & research
● Compete in tournaments in & out-of-state
● Create tournament sign-up forms & maintain communication among 150+ parents & student members
● Conduct meetings among officers & staff club advisors about new business & approval of funds ● Create & send meeting minutes approving entry fees, reimbursements, payment invoices, etc. ● Some Achievements:
o November 2018 - Novice Debate Octofinalist at Santa Clara University Dempsey Cronin Invitational
o November 2020 - Varsity Douglas Debate Quarterfinalist at John Lewis Silicon Valley Urban Debate League Invitational
o December 2020 - Varsity Debate Semifinalist at La Costa Canyon Winter Tournament Club Vice President
GenerationShe, March 2021 - Present
Vice President is responsible for maintaining operations between student outreach, social media, advertisement, & planned events/workshops
*GenerationShe is a Club focused on instilling entrepreneurial spirit among female-identifying students by providing real-life skills teaching business networking, interview tips, & leadership.* ● Recruit members through social media advertisements & school events ● Collaborate with team members to create meeting presentations 80 Item # C9.
● Organize workshops teaching professional skills (e.g. how to create a LinkedIn profile, how to find & land internships)
● Conduct bi-monthly meetings via in-person & Zoom
Founder & Co-Program Director
CleverChem, July 2021 - Present
Founder & Co-Program Director of CleverChem, a free online program offering chemistry classes to 6th- 9th-grade students. Its mission is to dissuade intimidation in learning chemistry, evoke science-curiosity in younger students, & foster appreciation for science in our world. ● Design lesson plans to teach fundamental chemistry concepts (e.g. calorimetry, the Periodic Table, states of matter) & curriculum in the form of Google Presentations ● Construct games (e.g. Kahoot), academic projects, & homework assignments ● Communicate with PTSA groups, former science teachers, and the school board for enrollment outreach
● Create advertisement material (e.g. flyers) & parent permission forms ● Recruited and trained four student tutors
● Achievements:
o September 2021 - Received the MUSD Certificate of Recognition from Superintendent Cheryl Jordan and the school board for positively impacting the school and local community of Milpitas
o October 2021 - CleverChem successfully taught & retained a student population of 150 from MUSD from our first Fall Session
81 Item # C9.
Parent/guardian name, address, telephone
Milpitas High School
1285 Escuela Parkway
Huynh, Noelle Law
Crs-ID Course Title Mark Att/Cmp
Student Name Grade
12 Milpitas, CA 95035
Birthdate Counselor
Cler, Julie
Student ID
Course Title Mark Att/CmpCrs-ID Course Title Mark Att/CmpCrs-ID Milpitas, CA 95035
April 18, 2022
Transcript of Student ProgressGrade
(408) 635-2800 | Fax (408) 635-2848
Grade 9 Fall Semester 2018-2019
Milpitas High School
p English I100041 A+ 5.00 5.00
p Int CCMath I206146 A+ 5.00 5.00
p Geography306545 A+ 5.00 5.00
p Biology401045 A+ 5.00 5.00
p Spanish I502145 A 5.00 5.00
PE 9600201 B+ 5.00 5.00
Credit Att: 30.00 Cmp: 30.00 TGPA: 3.83
Grade 9 Spring Semester 2018-2019
Milpitas High School
p English I100041 A+ 5.00 5.00
p Int CCMath I206146 A+ 5.00 5.00
p Biology401045 A+ 5.00 5.00
p Spanish I502145 A+ 5.00 5.00
PE 9600201 A- 5.00 5.00
Life Management703005 A+ 5.00 5.00
Credit Att: 30.00 Cmp: 30.00 TGPA: 4.00
Grade 10 Fall Semester 2019-2020
Milpitas High School
p English II100042 A 5.00 5.00
p Int CCMath IIA20624A A+ 5.00 5.00
p Wrld History301042 A 5.00 5.00
p Chemistry H402055 A- 5.00 5.00
p Spanish II502245 A 5.00 5.00
PE HS600205 A- 5.00 5.00
Credit Att: 30.00 Cmp: 30.00 TGPA: 4.17
Grade 10 Spring Semester 2019-2020
Milpitas High School
p English II100042 CR 5.00 5.00
p Int CCMath IIA20624A CR 5.00 5.00
p Wrld History301042 CR 5.00 5.00
p Chemistry H402055 CR 5.00 5.00
p Spanish II502245 CR 5.00 5.00
PE HS600205 CR 5.00 5.00
Credit Att: 30.00 Cmp: 30.00 TGPA: 0.00
Grade 11 Summer Session 2019-2020
Math Jam SJCC
p Math3,Sem1UMATL3 CR 0.00 0.00
p Math3,Sem2UMATL3 CR 0.00 0.00
Credit Att: 0.00 Cmp: 0.00 TGPA: 0.00
Grade 11 Fall Semester 2020-2021
Milpitas High School
p English III H100053 A 5.00 5.00
p Pre Calculus H203555 A- 5.00 5.00
p US History302043 A+ 5.00 5.00
p Bio Tech I400043 A 5.00 5.00
p AP Chem402065 A- 5.00 5.00
p Spanish III502345 A+ 5.00 5.00
Credit Att: 30.00 Cmp: 30.00 TGPA: 4.50
Grade 11 Spring Semester 2020-2021
Milpitas High School
p English III H100053 A 5.00 5.00
p Pre Calculus H203555 A 5.00 5.00
p US History302043 A+ 5.00 5.00
p Bio Tech I400043 A 5.00 5.00
p AP Chem402065 A- 5.00 5.00
p Spanish III502345 A+ 5.00 5.00
Credit Att: 30.00 Cmp: 30.00 TGPA: 4.50
Grade 12 Fall Semester 2021-2022
Milpitas High School
p English IV100044 A 5.00 5.00
p AP Calc AB204065 A 5.00 5.00
p Economics304044 A+ 5.00 5.00
p AP Biology401065 A 5.00 5.00
p Spanish IV502445 A 5.00 5.00
p Painting602005 A+ 5.00 5.00
Credit Att: 30.00 Cmp: 30.00 TGPA: 4.33
--WORK IN PROGRESS--
Milpitas High School
p English IV100044 5.00 0.00
p AP Calc AB204065 5.00 0.00
p American Govt303044 5.00 0.00
p AP Biology401065 5.00 0.00
p Spanish IV502445 5.00 0.00
p Painting602005 5.00 0.00
Total Credit: 30.00
4.27 School Enter: 8/16/2018
Weighted
r = Repeated
Event Hours
Community Service
District Enter: 8/24/2009
Community Service
This transcript is unofficial unless
signed by a school official. Signature:
p = College Prep
Date:
210.00Credit Attempted:
210.00Credit Completed:
Class of 2022
Date
10/21
165 50Acad GPA (9-12)
Total GPA (9-12)
Acad GPA (10-12)
4.22 4.39
165 50
9193114811State ID#
Course Tags:
Needed
CREDIT SUMMARY
Credit Req'd ComplSubject Area
English 40.00 35.00 5.00
Ma hema ics 30.00 30.00 -
Science 20.00 20.00 -
Physical Science - - -
Life Science - - -
CultHist/SSElec 5.00 5.00 -
World History 10.00 10.00 -
US History 10.00 10.00 -
American Government 5.00 - 5.00
Economics 5.00 5.00 -
Physical Ed 20.00 20.00 -
Fine Arts 10.00 5.00 5.00
World Languages - - -
Elective 65.00 70.00 -
* TOTALS * 220.00 210.00 15.00
Algebra 1 Requirement Met
82 Item # C9.
Home Of The Trojans
Milpitas High School
1285 Escuela Parkway, Milpitas, California 95035 (408) 635-2800 26 November 2021
To whom it may concern,
Noelle Huynh was my Honors Chemistry and Biotechnology student during her sophomore and junior years.
Noelle is one of those people that I am most proud of and blessed to have been able to know as a teacher.
Noelle is a very driven and determined person with plenty of grit. What impresses me about Noelle is how when faced with setbacks, she doesn’t fold, she learns from the experience and comes back stronger. Early in Honors Chemistry, Noelle did poorly on the first couple of tests. Noelle examined her approach to studying, sought help with understanding and applying concepts and came back strong- earning an A in the course.
Noelle’s a member of our varsity speech and debate team. She had a bad streak where she wasn’t winning any debates. Rather than give up, she sought help from her coach, learned from the critiques of her debate judges and honed her skills through mock debates. Her hard work and determination paid off with her becoming a leader on the Debate Team and a semifinalist in several prestigious debate competitions last year.
In Honors Chemistry, she took to heart my advice that those who ask/and answer questions in class tend to do better in the course, since they’re more actively engaged with the material. Noelle is naturally a shy person, so it was difficult for her to speak in class. It’s such a joy to see how she’s grown into a strong, confident, outgoing young woman. This once shy young lady has formed a service organization on campus whose mission is to inspire elementary and middle school students to pursue science. Her good work through the organization she founded, CleverChem, was tremendous help during distance learning. So much so, that she received official recognition and praise from our school board.
Noelle has grown into someone who strives to understand and apply concepts, rather than simply memorize for the upcoming test. She’s developed into a confident leader and has always been a kind, compassionate individual. I am confident that she’ll do very well in college and everything she attempts. Noelle has my highest recommendation.
Roberto A. Alvelais [email protected] 408-635-2800 x 4092 Science Dept Co Chair,
Chemistry and Biotechnology Teacher
Science Olympiad Coach
Milpitas High School,
Milpitas, CA
83 Item # C9.
84 Item # C9.
85 Item # C9.
Catherine Fung
YAC Scholarship Application
1. Tell us about the Community Service project that you were most proud of. What did you learn from that experience?
Growing up in a diverse community, I didn’t understand why the divide existed between the Asian and the Black community. It wasn't until later that I realized the perpetuation of the Model Minority myth and lack of understanding between the communities kept us segregated. During the year of 2020, COVID was not the only issue that raised immense concerns. In addition to the skyrocketing levels of infection, there were also skyrocketing levels of racism and violence towards the Black community. As a member of the Asian-American community, I understood the importance of supporting other minority groups in their fight against racism.
The Black Lives Matter Movement (BLM) encouraged me to bridge the divide between our communities. I organized a bakesale on behalf of my club, Asian American Associations, raising hundreds of dollars for the BLM movement. Our stance of unity brought hope that these two previously segregated communities will be united in the battle against oppression, also supporting the message I grew up with; Milpitas’s stance in “the culture of we.” Amidst flaring xenophobia, the bake sale showed the importance of supporting and speaking up for other communities. I also created informational pamphlets for my club members, educating them on the model minority myth, racism and misogyny in our communities, and provided resources for them to learn more about these issues. Overall, I helped teach my community to encourage diversity, support other minority groups whenever possible, and the importance of educating others on the racial and societal issues minorities face.
Through my experience, I learned that the divide between minority communities could be bridged through understanding of each others’ struggles, and through education of older members of our communities regarding the stigma they hold. Due to the educational pamphlets I created and shared with my club members, I also learned that older generations in my community who held the most stigma against other minority groups were open to learning about how to reduce their stigma, and how the Model Minority Myth was harmful for our community. Largely, I learned the importance of supporting and uplifting other minority groups, as racism is a collective issue. We cannot eradicate racism in only one community. It's not our communities against each other- it's us as a collective against the issue.
2. How will this scholarship help you achieve your educational goal? As a daughter of two immigrants, I have watched as worry lines become permanently etched onto my parents’ faces after looking at bills, and as my mother came home with cracked hands, dry from her long hours of working as a waitress to help make ends meet. While our financial situation has become more stable over the years, I am still aware of the worries of money and making ends meet that haunt my parents.
86 Item # C9.
While I have been accepted into UC Berkeley and plan on attending school there for the next four years, my concerns about how my family will support my tuition weigh heavily upon me. My dream is to finish my undergraduate education at UC Berkeley and attend medical school at UCSF, but this educational goal definitely puts immense stress on my family’s financial situation. My tuition at UC Berkeley will cost around 100k over the next four years, and medical school in the United States typically averages around 200k for tuition as well. If I receive this scholarship, it will help me achieve my educational goal by alleviating some of the financial burden placed on my parents. While my ultimate educational goal is to finish school and become a neurosurgeon, my financial limitations push me to consider other career options I am not passionate about, but know would bring me money in a quicker way.
If there is anything my parents have taught me, it is that every cent and ounce of effort counts, I just need to make the most of it. Thus, this scholarship will encourage me to pursue a future in the field I am passionate about, as I can use this money on textbooks, class fees, and other miscellaneous expenses to alleviate some of the financial burden on my parents.
3. Tell us about a time you experienced failure, and what you learned from that experience? During the peak of my Science Olympiad competition seasons, I found myself discouraged and disappointed by the lack of medals I won in comparison to my teammates. It felt like I could never reach the same level of success as my peers. I was in a slump during my first competition season- I would blank out during competitions despite my weeks of preparation.
Although it felt like my slump would last forever, my teammate explained to me that progress was not linear, and that I needed to actively try to overcome my slump. When taking their words into consideration, I realized that I had not been trying different methods of learning to retain information for my competition. Instead, I had been rewriting my notes and highlighting to try and retain information. Even though by that point I was nearing the end of my competition season, I was determined to overcome my slump. I researched different methods of learning and studying to retain more information, then decided on a method called “active-learning.” I tested myself on my knowledge repeatedly, actively quizzing myself on information I just read to retain it the best I could. By the end of the season, I had won multiple medals, but by then I cared less about winning and placed more importance on improving my self knowledge and becoming a better teammate to those around me.
My initial failure in overcoming my learning slump taught me the importance of becoming more open minded to new methods and ideals. Through this lesson, I also learned that winning was not the most important aspect of a competition. I was able to truly value the information I was learning, and enjoy the studying I was doing. I have also learned to be a better teammate and friend, lending a hand to others who were struggling the same way I was to overcome their slump. By sharing my struggles and how I overcame them with others, I helped countless teammates become more successful in competition and develop better studying habits. 87 Item # C9.
Parent/guardian name, address, telephone
Milpitas High School
1285 Escuela Parkway
Fung, Catherine Xiao Qi
Crs-ID Course Title Mark Att/Cmp
Student Name Grade
12 Milpitas, CA 95035
Birthdate Counselor
Cler, Julie
Student ID
Course Title Mark Att/CmpCrs-ID Course Title Mark Att/CmpCrs-ID Milpitas, CA 95035
April 27, 2022
Transcript of Student ProgressGrade
(408) 635-2800 | Fax (408) 635-2848
Grade 9 Fall Semester 2018-2019
Milpitas High School
p English IA100111 A- 5.00 5.00
p Int CCMath I206146 A 5.00 5.00
p Geography306545 A 5.00 5.00
p Biology401045 A+ 5.00 5.00
p Chinese III500345 A 5.00 5.00
PE 9600201 A- 5.00 5.00
Credit Att: 30.00 Cmp: 30.00 TGPA: 4.00
Grade 9 Spring Semester 2018-2019
Milpitas High School
p English IA100111 A- 5.00 5.00
p Int CCMath I206146 A 5.00 5.00
p Biology401045 A+ 5.00 5.00
p Chinese III500345 A 5.00 5.00
PE 9600201 A- 5.00 5.00
Life Management703005 A+ 5.00 5.00
Credit Att: 30.00 Cmp: 30.00 TGPA: 4.00
Grade 9 Summer Session 2018-2019
San Jose City College
p GeometryCMATL2 B 10.00 10.00
Credit Att: 10.00 Cmp: 10.00 TGPA: 4.00
Grade 10 Fall Semester 2019-2020
Milpitas High School
p English IIA100112 A- 5.00 5.00
p Int CCMath III206345 A 5.00 5.00
p AP Wrld Hist301062 A 5.00 5.00
p Chemistry H402055 B 5.00 5.00
p AP Chinese500545 A 5.00 5.00
PE HS600205 A- 5.00 5.00
Credit Att: 30.00 Cmp: 30.00 TGPA: 4.33
Grade 10 Spring Semester 2019-2020
Milpitas High School
p English IIA100112 CR 5.00 5.00
p Int CCMath III206345 CR 5.00 5.00
p AP Wrld Hist301062 CR 5.00 5.00
p Chemistry H402055 CR 5.00 5.00
p AP Chinese500545 CR 5.00 5.00
PE HS600205 CR 5.00 5.00
Credit Att: 30.00 Cmp: 30.00 TGPA: 0.00
Grade 10 Summer Session 2019-2020
San Jose City College
p US HistoryCULUS A 10.00 10.00
Credit Att: 10.00 Cmp: 10.00 TGPA: 5.00
Grade 11 Fall Semester 2020-2021
Milpitas High School
p English III H100053 A 5.00 5.00
p Journalism106045 A 5.00 5.00
p Pre Calculus203505 A 5.00 5.00
p AP Psychology306865 A+ 5.00 5.00
p Bio Tech I400043 A 5.00 5.00
p AP Chem402065 B 5.00 5.00
Credit Att: 30.00 Cmp: 30.00 TGPA: 4.33
Grade 11 Spring Semester 2020-2021
Milpitas High School
p English III H100053 A 5.00 5.00
p Journalism106045 A 5.00 5.00
p Pre Calculus203505 A- 5.00 5.00
p AP Psychology306865 A+ 5.00 5.00
p Bio Tech I400043 A 5.00 5.00
p AP Chem402065 A- 5.00 5.00
Credit Att: 30.00 Cmp: 30.00 TGPA: 4.50
Grade 11 Summer Session 2020-2021
San Jose City College
p Intro to Microecono CULCIV A 10.00 10.00
p Politics and Govt i CULEC A 10.00 10.00
Credit Att: 20.00 Cmp: 20.00 TGPA: 5.00
Grade 12 Fall Semester 2021-2022
Milpitas High School
p AP English100064 B- 5.00 5.00
p AP Statistics204565 B 5.00 5.00
p AP Biology401065 A 5.00 5.00
p Ceramics601355 A+ 5.00 5.00
p SV Med AsstSVCA43 A 5.00 5.00
Credit Att: 25.00 Cmp: 25.00 TGPA: 4.20
--WORK IN PROGRESS--
Milpitas High School
p AP English100064 5.00 0.00
p AP Statistics204565 5.00 0.00
p AP Biology401065 5.00 0.00
p Ceramics601355 5.00 0.00
p SV Med AsstSVCA43 5.00 0.00
Total Credit: 25.00
4.35 School Enter: 8/16/2018
Weighted
r = Repeated
Event Hours
Community Service
District Enter: 8/24/2009
Community Service
This transcript is unofficial unless
signed by a school official. Signature:
p = College Prep
Date:
245.00Credit Attempted:
245.00Credit Completed:
Class of 2022
Date
09/21
250 50Acad GPA (9-12)
Total GPA (9-12)
Acad GPA (10-12)
4.33 4.50
250 50
State ID#
Course Tags:
Needed
CREDIT SUMMARY
Credit Req'd ComplSubject Area
English 40.00 35.00 5.00
Ma hema ics 30.00 30.00 -
Science 20.00 20.00 -
Physical Science - - -
Life Science - - -
CultHist/SSElec 5.00 5.00 -
World History 10.00 10.00 -
US History 10.00 10.00 -
American Government 5.00 5.00 -
Economics 5.00 5.00 -
Physical Ed 20.00 20.00 -
Fine Arts 10.00 5.00 5.00
World Languages - - -
Elective 65.00 100.00 -
* TOTALS * 220.00 245.00 10.00
Algebra 1 Requirement Met
88 Item # C9.
89 Item # C9.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Approving a Site Development Permit to Develop a New Two-story, Single-family Residence on a Vacant 4.67-acre Lot Located in the R1-H Single-family Residential Zoning District with a Hillside Combining District at 489 Vista Ridge Drive (Staff Contact: Ned Thomas, Planning Director, 408-586- 3273)
Category: Consent Calendar-Community Development
Meeting Date: 9/6/2022
Recommendation: Recommendation: Adopt a resolution approving Site Development Permit SD21-0011, subject to the attached Conditions of Approval, for a new two-story, single-family residence on a vacant 4.67-acre lot located in the R1-H single-family residential zoning district with a hillside combining district at 489 Vista Ridge Drive and making findings of CEQA Exemption.
BACKGROUND:
On November 19, 2021, Krislani Mulia of Kris & Associates submitted a Site Development Permit application to develop a new 4,224-square foot, two-story single-family residence with a 730-square foot attached garage on a vacant 4.67-acre lot (Lot 10 of the Spring Valley Heights subdivision) located at 489 Vista Ridge Drive. The zoning designation for this property is Single-Family Residential (R1) with a Hillside (H) Combining District. Per Milpitas Municipal Code (MMC) Section XI-10-45.09-2, no building permit shall be issued for the construction or expansion of a single-family structure in the Hillside (H) Combining District until such structure has received a site and architectural review approval by the Planning Commission (PC) and City Council (CC). On August 10, 2022, the application received a recommendation by the PC to be approved by CC, as demonstrated within Resolution No. 22-010.
ANALYSIS:
Planning staff recommends that the City Council review and approve a resolution to allow the construction of a single-family residence and attached garage on a vacant lot located at 489 Vista Ridge Drive. The project site is located on the southeastern edge of the City of Milpitas, adjacent to properties with the same single-family hillside zoning designation. Unincorporated Santa Clara County properties are located further to the south and east.
The proposed residence is designed to be compatible with the other homes in the area by incorporating strong lines and a mix of high-quality, earth tone materials that reflect with the rural character of the neighborhood.
The blend of architectural forms and a variety of finishes creates an attractive front elevation. The exterior materials include a smooth finished stucco, light gray colored ledger stone cladding, silver birchwood shingle roofing, and a mahogany wood-tone garage door. The main door and windows have a dark brown, expresso color finish to accentuate the colors incorporated in the design. All exterior materials and earth tone finishes work together creating harmony with the surroundings.
In accordance with MMC Section XI-10-45.09-7, and as outlined in the attached resolution and staff report, the City Council shall consider the following guidelines in its review of the proposed project:
(a) Avoid unreasonable interference with views and privacy. The height, elevations and placement on the site of the proposed main or accessory structure, when considered with reference to the nature and location of the residential structures on adjacent lots, will avoid unreasonable interference with views and privacy.
(b) Preserve Natural Landscape. The natural landscape will be preserved insofar as practicable by designing structures to follow the natural contours of the site and minimizing tree and soil removal. 90 Item # C10.
(c) Minimize Perception of Excessive Bulk. The design of the proposed main and/or accessory structure(s) in relation to the immediate neighborhood should minimize the perception of excessive bulk.
(d) Impairment of Light and Air. The proposed main or accessory structure(s) shall not unreasonably impair the light and air of adjacent properties nor unreasonably impair the ability of adjacent properties to utilize solar energy.
(e) Grading. All grading shall be kept to an absolute minimum and shall comply with the grading ordinance criteria.
The project, including both the home and attached garage, features a creative design, with a minimal building footprint and substantial setbacks from neighboring property lines to alleviate unreasonable interference with views and privacy. The majority of land around the residence and associated driveway will be preserved as natural landscape similar to nearby vacant properties and designated open space lots in the immediate area.
The perception of excessive bulk has been minimized by the incorporation of varying rooflines, a clear delineation of colors and materials, and the punctuation of walls along the front and side elevations. The proposed maximum height of the residence at 26-feet and 11.5-inches is within the 27-feet height limit, and all required building setbacks will substantially exceed the minimum standards to help mitigate potential impairment of light and air. In addition, the structure’s foundation follows the natural slope of the hillside to ensure minimal grading which will be an equal 310 cubic yards of cut and fill. Furthermore, the Architectural Review Committee of the Spring Valley Heights Homeowners Association provided a tentative approval letter for the proposed project design on April 2, 2022. As noted earlier in the report, the Planning Commission recommended Council approval of the project based on the required findings for approval.
POLICY ALTERNATIVE(S):
Alternative 1: Direct staff to draft a resolution to deny the project for review at a subsequent meeting.
Pros: The existing hillside lot is not developed and remains as open space, or a new or revised project could be proposed.
Cons: The applicant would need to either withdraw the application or resubmit revised plans for development of a new residence at this location.
Reason for Not Recommending: The proposed project meets the required findings for approval and is consistent with the City’s goals of supporting the development of a new high-quality housing in all areas of the City, including appropriate hillside locations. Both staff and the Planning Commission are recommending approval of the proposed project.
FISCAL IMPACT:
If the proposed project is approved, the applicant will apply for building permits and pay associated fees. The new single-family home will increase the property value and tax revenues but will also increase the demand for City services, including public safety and utilities. The project is located within an existing residential subdivision with existing services nearby.
California Environmental Quality Act (CEQA):
The project is exempt from further environmental review under CEQA pursuant to Section 15303(a) for New Construction or Conversion of Small Structures including one single-family residence or a second dwelling unit in a residential zone. The Project proposes the new construction of a single-family residence and attached garage within a residentially zoned area on a legally established parcel, and it can be seen with certainty that there is no possibility that these actions may have a significant effect on the environment. As a separate and independent basis, the project is exempt from further CEQA review pursuant to Section 15183 of the CEQA Guidelines for projects consistent with a community plan, general plan or zoning. The project is consistent with the General Plan and the applicable zoning, and there are no significant environmental impacts peculiar to the project or its site.
91 Item # C10.
RECOMMENDATION:
Adopt a resolution approving Site Development Permit SD21-0011, subject to the Conditions of Approval (attached to resolution), to allow development of a new single-family residence at 489 Vista Ridge Drive.
Attachments:
1. Resolution
2. Planning Commission Staff Report dated August 10, 2022
3. Planning Commission Resolution No. 22-010
4. Project Plans
92 Item # C10.
RESOLUTION NO. XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS APPROVING SITE DEVELOPMENT PERMIT NO. SD21-0011 TO CONSTRUCT A NEW HILLSIDE HOME ON A VACANT 4.67 ACRE SITE IN THE R1-H SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT WITH AN H HILLSIDE COMBINING DISTRICT LOCATED AT 489 VISTA RIDGE DRIVE AND MAKING CEQA
FINDINGS OF EXEMPTION
WHEREAS, on September 28, 1982, the County of Santa Clara Board of Supervisors approved the final map for Tract 6744 to create the 26-lot subdivision known as the Spring Valley Heights neighborhood; and WHEREAS, on January 21, 1983, the City of Milpitas annexed Tract 6744 from the County of Santa Clara; and WHEREAS, on November 19, 2021, Krislani Mulia of Kris & Associates (“Applicant” or “Permittee”) submitted an application for development of a new 4,224 square foot, two-story single-family residence and 730 square foot attached garage on a vacant 4.67 acre site (Lot 10 of the Spring Valley Heights subdivision) at 489 Vista Ridge Drive (APN: 042- 30-008) (the “Project”). The Project site is zoned Single Family Residential - Hillside; and WHEREAS, the Planning Division completed an environmental assessment for the Project in accordance with the California Environmental Quality Act (CEQA), which assessment determined that the Project is exempt from environmental review under CEQA in accordance with CEQA Guidelines Section 15303 (New Construction and Conversion of Small Structures) and, as a separate and independent basis, CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan or Zoning); and
WHEREAS, on August 10, 2022, the City of Milpitas Planning Commission held a duly-noticed public hearing on the subject application, at which time all those in attendance were given the opportunity to speak on the Project , and the Planning Commission unanimously (7-0) recommended approval of the Project to the City Council subject to Conditions of Approval per Planning Commission Resolution No. 22-010; and WHEREAS, on September 6, 2022, the City of Milpitas City Council held a duly-noticed public hearing on the subject application, at which time all those in attendance were given the opportunity to speak on the Project; and NOW THEREFORE, the City Council of the City of Milpitas hereby finds, determines and resolves as follows:
SECTION 1: Recitals
The City Council has considered the full record before it, which may include, but is not limited to , such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and incorporated herein by reference.
SECTION 2: California Environmental Quality Act (CEQA) Findings The project is exempt from environmental review under CEQA pursuant to CEQA Guidelines Section 15303(a) (New Construction or Conversion of Small Structures ).The Project involves development of one single-family residence and attached garage within a residentially zoned area on a legally established parcel, and it can be seen with certainty that there is no possibility that these actions may have a significant effect on the environment . As a separate and independent basis, the project is exempt from further environmental review under CEQA pursuant to CEQA Guidelines Section 15183 (Projects consistent with a Community Plan, General Plan or Zoning). The project is consistent with the General Plan and the R1-H Single-family Residential Zoning District with an H Hillside Combining District , and there are no significant environmental impacts peculiar to the project or its site.
SECTION 3: Site Development Permit Findings (Section XI-10-57.03(F)(1)) The City Council makes the following findings based on the evidence in the public record in support of Site Development Permit No. SD21-0011:
93 Item # C10.
Resolution No. ____
2 1. The layout of the site and design of th e proposed buildings, structures and landscaping are compatible and aesthetically harmonious with adjacent and surrounding development.
This finding can be met in that the architectural design and site planning of the development is aesthetically pleasin g and complimentary with the neighboring properties of the rural area . The on-site grading plan and landscaping is limited which further minimizes changes to the natural topography. The proposed single-family residence incorporates earth tone colors and materials that complement both the site and existing neighborhood.
2. The Project is consistent with the Milpitas Zoning Ordinance.
Table 1 demonstrates the Project’s consistency with the applicable development standards of the R1-H Zoning District per Section XI-10-45 - "H" Hillside Combining District of the Milpitas Zoning Ordinance, including setbacks, height requirements, maximum impervious surface coverage, and parking.
Table 1 :
Summary of Development Standards
Standards Hillside Requirements Proposed – 4.67-acre lot Complies Front Setback
25 ft. minimum when avg.
slope is <16%.
Otherwise, 40 ft. minimum
40 ft. (Avg. slope of lot is
10.6%) Yes
Side Yard Setback 40 ft. minimum 429 ft. to east
111 ft. to west Yes
Rear 40 ft. minimum 154 feet Yes
Size of Main Residence
6,000 sq. ft. maximum
(lots < 3 acres)
10,000 sq. ft. maximum (lots
> 3 acres)
5,008 sq. ft. (including
attached garage and porch) Yes
Size of Accessory
Structures 1,200 sq. ft. maximum None N/A
Impervious Surfaces
8,000 sq. ft. maximum (lots
< 3 acres)
30,000 sq. ft. maximum (lots
> 3 acres)
8,556 sq. ft. Yes
Building Height
(maximum)
17 ft. west of crestline;
27 ft. east of crestline
26 ft. 11.5 in.
Yes
Parking
4 spaces required
6 spaces (3 inside garage &
3 outside) Yes
Due to the subject property’s location, the Project is also required to comply with the development standards in the City’s Hillside Combining District. Per Section XI-10-45.09-7 of the Zoning Ordinance, the Planning Commission and City Council shall consider the following guidelines in their review of proposed new development. Staff has determined the home to be consistent with the Hillside Architectural Guidelines as demonstrated below. See Table 2 for consistency.
Table 2:
Hillside Zoning Ordinance Compliance
Site and Architectural Guidelines
Section XI-10-45.09-7
Consistency Finding
(a) Avoid unreasonable interference with Views
and Privacy. The height, elevations and
Consistent. Due to the proposed location and minimal
scale of the home in consideration to its maximum
94 Item # C10.
Resolution No. ____
3 Site and Architectural Guidelines
Section XI-10-45.09-7
Consistency Finding
placement on the site of the proposed main
or accessory structure, when considered
with reference to the nature and location of
residential structures on adjacent lots, will
avoid unreasonable interference with views
and privacy.
allowable size outlined in Table 3, the development
will not substantially interfere with views and privacy to adjacent lots. In addition, the proposal exceeds all setback requirements, is within its 27-foot, two-story
height limit at 26-feet and 11.5-inches, and
substantially setback from adjacent residences to the
north and west, which minimizes interference with
views and privacy. The adjacent single-family
residence located west of the subject property is
entirely on a down-sloped elevation and will not have
any immediate line of sight to the subject property.
The adjacent residence to the north is currently under
construction and would be setback approximately 110-
feet from each other. Furthermore, the subject
property along its north elevation will have three
uncovered parking stalls that will provide additional
screening of the residence to the north. Additionally, the majority of the subject lot to the east and south will remain undeveloped. Due to the size of the large
trapezoidal-shaped lot, the existing single-family
residences located east are not immediately visible
from where the proposed residence will be sited. The
lot to the south is dedicated as Common Area only and
will not be developed with future residential uses.
(b) Preserve Natural Landscape. The natural
landscape will be preserved insofar as
practicable by designing structures to follow
the natural contours of the site and
minimizing tree and soil removal.
Consistent. The project site is currently vacant and
undeveloped with a few shrubs on the higher sloped
southern portions of the lot and has no existing trees.
As such, no trees will be removed. As proposed, the
design of the house is carefully sited to be built on the flattest portions of the lot, following the natural
landscape and existing contours of the site to limit cut and fill to an equal 310 cubic yards each. Minimal
landscaping is also proposed including 8 mid-size trees and various flowering plants, ground cover, and
shrubs.
(c) Minimize Perception of Excessive Bulk. The
design of the proposed main and /or
accessory structure(s) in relation to the
immediate neighborhood should minimize
the perception of excessive bulk.
Consistent. The proposed design includes varying
rooflines, a clear delineation of different colors and
materials, and punctuation of certain front and side
facing elevations to remove the perception of bulk
within the two-story residence. The footprint of the
proposed home is also angled in its orientation to the
front property line, thus minimizing the perception of
excessive bulk. Furthermore, as described above and
shown in Table 3, the proposed main residence is
proposed to be sized in scale closer to immediate
neighbors’ residences built on lots less than 3.0-acres in size. The overall building footprint of the main
residence on the 4.67-acre lot is consolidated, and the remaining portions of the lot will also remain
undeveloped and no accessory structures are proposed.
95 Item # C10.
Resolution No. ____
4 Site and Architectural Guidelines
Section XI-10-45.09-7
Consistency Finding
(d) Impairment of Light and Air. The proposed
main or accessory structure(s) shall not
unreasonably impair the light and air of
adjacent properties nor unreasonably impair
the ability of adjacent properties to utilize
solar energy.
Consistent. The proposed home will not exceed 27
feet in height as permitted for homes east of the
crestline, and exceeds all minimum setbacks as
required by the Hillside development standards. The
proposed home also has a combination of flat and
minimally pitched roof systems that could be used to
utilize future solar energy. With regards to adjacent
properties, the lot to the south is reserved as Common
Area and the residences to the east are located greater than 429-feet away. The residence to the west is
located entirely on a lower elevation, and the residence to the north would be setback approximately 110-feet
from the proposed residence. As such, the proposed
main residence will not cause an impairment to the
adjacent properties access to light and air.
(e) Grading. All grading shall be kept to an
absolute minimum and shall comply with the
grading ordinance criteria.
Consistent. As proposed, the proposed location of the
main dwelling is where the existing lot is relatively
flat, so grading is limited to 310 cubic yards of cut and fill. All graded soil will be repurposed as fill.
Site & Architectural Design
The Project incorporates strong lines and a mixture of high -quality and earth tone materials in a manner that is consistent with other existing homes in the nearby hillside neighborhood. Articulating the architectural forms and blending with various finishes creates an attractive front elevation. The overall color scheme of the residence will have light tan, brown, and gray shades. The exterior materials include a smooth finished stucco, light gray colored ledger stone cladding, silver birchwood shingle roofing, and a mahogany wood -tone garage door. The main door and windows have a dark brown, expresso color finish. All exterior materials and finishes work together as a palette of earth tone colors creating harmony with the surroundings. The colors and materials proposed are complementary to the character of the rural, neighboring residences. A visual rendering with all materials and colors is demonstrated in the Materials Proposal sheet in the project plans.
Grading
Due to the sloped lot and vehicular access requirements, the applicant has requested that the site be graded in order to make the site feasible for residential development. In an effort to minimize the amount of soil to be removed, the applicant has proposed a site plan which locates the home on the flattest portion of the site which will result in an equal 310 cubic yards of cut and fill for the construction of the new home and the required grade of the driveway for firetruck access. The project plans include a preliminary grading plan on Sheet C-1, and is the proposed project is consistent with the grading requirements within the Hillside Ordinance.
Crestline Zone of Protection
Per MMC Section XI-10-45.06, the purpose of the Crestline Zone of Protection is to preserve the crestline's natural quality and the slopes immediately below when viewed from the valley floor. To demonstrate compliance, the applicant took pictures from the three nearest vantage viewpoints established by the City from the crestline. As demonstrated in Sheets A-1.2 and A-1.3 of the project plans, the project site will not be visible from the valley floor, and is obstructed from views by an existing hill, and is therefore, compliant with the Crestline Zone of Protection.
3. The Project is consistent with the Milpitas General Plan.
As demonstrated in Table 3 below, the Project is consistent with the existing General Plan policies of the Milpitas 2040 General Plan:
96 Item # C10.
Resolution No. ____
5 Table 3:
General Plan Consistency
Policy Conformance
CD 7-1 Maintain the visual character of
hillsides, recognizing both the importance of the
exposure of hillside development from off-site
public views and the importance of providing
panoramic public views from and of hillsides.
Consistent. The proposed Project will not impact
the visual character of the hillside from the valley
floor or other viewpoints as the project site is
located over a half mile east of the crestline and the
new residence will be shielded by an existing hill
when viewed from the valley flo or. Project Plan
sheets A-1.2 and A-1.3 illustrate how the proposed
residence will not obstruct panoramic public views
from and of the hillsides.
CD 7-2 Minimize the alteration of existing
landforms and maintain the natural topographic
characteristics of the hillside areas, allowing only
minimal disruption.
Consistent. The proposed Project will be sit uated
at the flattest portion of the lot to limit di sruption to the existing natural topography by limiting cut
and fill to 310 cubic yards for both construction
phases. The total cut and fill will balance each
other out to accommodate the home's footprint and
meet the required grade at the proposed driveway.
CD 7-3 Protect the natural character of hillside
areas by means of contour grading to blend
graded slopes and terraces with the natural
topography.
Consistent. Minimal contour grading will be
required for construction of the new residence due
to siting on the flattest areas of the lot. All new
contours will be designed to blend with the natural
existing site contours as demonstrated in the civil
drawings in the plan set.
CD 7-4 Avoid mass graded pads within hillside
areas. Smaller steps or grade changes should be
used over single, large, slope banks to the
greatest extent feasible.
Consistent. T he building pad is proposed at the
flattest portion of the lot and will necessitate only
minimal grading, including equal cut and fill.
Grading has been substantially minimized in the
Project, in that the siting follows the site's natural
contours, in an effort to preserve the natural terrain
quality.
CD 7-5 Ensure that any change in hillside land
use is accompanied by appropriate safety
measures and that the environmental constraints
are adequately addressed especially with respect
to runoff and erosion.
Consistent. No changes are proposed to the
existing l and use and zoning designation for the
subject site to be used as a single-family residence.
Prior to construction of the residence, all proposed
project construction and operational details will be
reviewed thoroughly by applicable Departments
during the building permit review process. The
building permit application will be reviewed with
the latest adopted State and local building and
development codes, which will include standard
97 Item # C10.
Resolution No. ____
6 requirements such as Construction Best
Management Practices (BMPs) and an erosion and
sediment control plan to be developed prior to
construction of the proposed Project.
CD 7-6 Require hillside development to
incorporate architecture, scale, massing, building
form, building color, roof materials, and
landscaping to reflect the natural hillside setting.
Consistent. The proposed Project’s low -profile
building design and earth tone materials will blend
into the rural environment. Such materials include
gray-toned ledger stone, exterior stucco in twilight
gray, birchwood roof mat erial, and related muted
tan and gray tones as accents for the residence. The
applicant is also proposing minimal landscaping
and intends to preserve the remainder of the
parcel’s existing natural condition as is.
Landscaping materials proposed are consi stent
with the Hillside Landscaping Ordinance and
include species such as the Prunus cerasifera tree,
also known as the Purple Leaf tree.
As described above, the Project is compatible and consistent with the surrounding uses and has been found to conform to the intent of the Milpitas 2040 General Plan designation. The proposed home is designed to fit in with the natural topographic features of the property and reduces the visual impact as viewed from the valley floor.
SECTION 4: City Council Approval
Based on the foregoing, the City Council hereby approves Site Development Permit No. SD21-0011 to allow the construction of a new 4,224 square foot, two-story single-family residence and 730-square foot attached garage on a vacant 4.67 acre site in the R1-H Single-family Residential Zoning District with an H Hillside Combining District located at 489 Vista Ridge Drive, based on the above findings and subject to the Conditions of Approval attached hereto as Exhibit 1 and incorporated herein.
PASSED AND ADOPTED this _____ day of___________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Suzanne Guzzetta, Acting City Clerk Rich Tran, Mayor
APPROVED AS TO FORM:
Michael Mutalipassi, City Attorney
98 Item # C10.
Resolution No. ____
7 EXHIBIT 1
CONDITIONS OF APPROVAL
SITE DEVELOPMENT PERMIT NO. SD21-0011
489 VISTA RIDGE DRIVE (APN 042-30-008)
GENERAL CONDITIONS
1. General Compliance. The applicant, including all successors in interest (collectively “Permittee”) shall comply with each and every condition set forth in this Permit. Site Development Permit No. SD21 -0011 (“Permit”) shall have no force or effe ct and no building permit shall be issued unless and until all things required by the below -enumerated precedent conditions have been performed or caused to be performed and this Resolution has been recorded by the Permittee with the Santa Clara County’s Recorder Office and a copy shall be provided to the Planning Department. (P)
2. Effective Date. Unless there is a timely appeal filed in accordance with the Milpitas Zoning Code, the date of approval of this Permit is the date on which the decision-making body approved this Permit. (P)
3. Acceptance of Permit . Should Permittee fail to file a timely appeal within twelve (12) calendar days of the date of approval of this Permit, inaction by Permittee shall be deemed to constitute each of the following:
a. Acceptance of this Permit by Permittee; and
b. Agreement by the Permittee to be bound by, comply with, and to do all things required of or by Permittee pursuant to all of the terms, obligations, and conditions of this Permit.
4. Permit Expiration. Pursuant to Section XI -10-64.06 of the Milpitas Zoning Code, this Permit shall become null and void if the activity permitted by this Permit is not commenced within two (2) years from the date of approval, or for a project submitted with a tentative map, within the time limits of the approved tentative map. Pursuant to Section XI-10-
64.06(B) of the Milpitas Zoning Code, an activity permitted by this Permit shall be deemed to have commenced when the Project:
a. Completes a foundation associated with the Project; or b. Dedicates any land or easement as required from the zoning action; or c. Complies with all legal requirements necessary to commence the use, or obtains an occupancy permit, whichever is sooner.
5. Time Extension. Pursuant to Section XI -10-64.07 of the Milpitas Zon ing Code, unless otherwise provided by State law, Permittee shall have the right to request a one -time 24-month extension of the Permit if the request is made in writing to the Planning Division prior to the expiration date of the approval. (P)
6. Project Job Account. If Permittee’s project job account is at any time delinquent or below the required deposit amount, City will not continue to review or process the application until Permittee’s private job account is paid in full and the required deposit has bee n made. Additionally, prior to the issuance of any building permit or occupancy permit, as applicable, Permittee shall pay in full the project account balance and establish a remaining balance of at least twenty- five percent (25%) of the required initial deposit. (ALL)
7. Notice. Pursuant to California Government Code Section 66020, any protest filed in court relating to the imposition of fees, dedication, reservations, or other exactions to be imposed on the development project shall be filed within ninety (90) days after the date of the adoption of this Resolution. This provision serves as notice from the local agency to the Permittee that the ninety (90) day period in which the applicant may file a protest has begun under Calif ornia Government Code Section 66020(d)(1). (P)
8. Cost and Approval. Permittee shall fully complete and satisfy each and every condition set forth in this Resolution and any other condition applicable to the Project to the sole satisfaction of the City. Additionally, Permittee shall be solely responsible and liable for the cost to satisfy each and every condition. Permittee shall pay all required fees and charges to City at the rate in effect at time of building permit issuance, or, the rate in effect when th e fees and charges are due and paid in full to City. There is no vesting of any fees or charges with the adoption of this Resolution. (P) 99 Item # C10.
Resolution No. ____
8 9. Conditions. Each and every condition set forth in this Exhibit shall apply to the Project and continue to apply to the Project so long as the Permittee is operating the Project under the permits and approvals in this Resolution. (P)
10. Compliance with Laws. The construction, use, and all related activity authorized under this Permit shall comply with all applicable local, state, and federal laws, rules, regulations, guidelines, requirements, and policies. (CA/P)
11. Previous Approvals. Permittee shall abide by and continue to comply with all previous City approvals, permits, or requirements relating to the subject property, unless explicitly superseded or revised by this Permit. (ALL)
12. Indemnification. To the fullest extent permitted by law, Permittee shall indemnify, defend with coun sel of the City’s choosing, and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to (i) City's a pproval of the Project, including but not limited to, the approval of the discretionary permits, maps under the Subdivision Map Act, and/or the City's related determinations or actions under the California Environmental Quality Act, and (ii) Permittee’s construction, operation, use, or related activity under this Permit. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such cla im, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. Permittee shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. Permittee shall pay to the City upon demand or, as applicable, to counsel of City’s choosing, any amount owed pursuant to the indemnification requirements prescribed in this condition. (CA)
13. Revocation, Suspension, Modification. This Permit may be suspended, revoked, or modified in accordance with Section XI-10-63.06 of the Milpitas Zoning Code. (P)
14. Severability. If any term, provision, or condition of this Permit is held to be illegal or unenforceable by the Court, such term, provision, or condition shall be severed and shall be inoperative, and the remainder of this Permit shall remain operative, binding, and fully enforceable. (ALL)
15. Conditions of Approval. As part of the issuance of building permits, the Permittee shall include within the first four pages of the working drawings for a plan check, a list of all conditions of approval imposed by the final approval of the project. (P)
16. Development in Conformance with Approved Plans: Permittee shall develop the approved Project in conformance with the approved plans approved by the City Council on September 6, 2022, in accordance with these Conditions of Approval.
Any deviation from the approved site plan, elevations, materials, colors, landscape plan, or other approved submittal shall require that, prior to the issuance of building permits, the Permittee shall submit modified plans and any other applicable materials as required by the City for review and obtain the approval of the Planning Director or Designee. If the Planning Director or designee determines that the deviation is significant, Permittee shall be required to apply for review and obtain approval of the Planning Commission or City Council, as applicable, in accordance with the Milpitas Zoning Code. (P)
17. Prior to the issuance of a building permit, the owner or designee shall include within the four first pages of the working drawings for a plan check, a list of all conditions of approval imposed by the final approval of the Project. (P)
18. Streets shall be designed to generally follow the contours and landform in order to minimize cut and fill. Exposed walls facing roadways and retaining walls shall be no greater than six feet in height. Crib walls facing roadways shall be no greater than 15 feet in height. (P)
19. Landscaping coverage and stabilization of graded slopes shall be selected and designed to be compatible with surrounding natural vegetation or to repla ce removed natural vegetation and should recognize climate, soil, and ecological characteristic of the region. Plant materials that require excessive water after becoming established should be avoided. (P)
20. Within six months after the commencement of grading activities, all graded areas not covered by an impervious surface shall be stabilized in such manner as shall be approved by the Planning Director. (P) 100
Item # C10.
Resolution No. ____
9 21. Compliance with Fire Department and California Fire Code . The project/development shall comply with th e requirements of the Fire Department and the California Fire, as demonstrated by the Fire Department’s Memorandum, dated March 3, 2022, as may be amended by the City of Milpitas. Changes to the site plan and/or internal circulation shall be reviewed and approved by the Fire Department. (F)
22. Compliance with Building Department Requirements. The Project shall comply with the requirements of the Building Department, International Building Code, CBC, CMC, CEC, CPC, Green Building Standards Code, California Energy Code, and the Milpitas Municipal Code, as demonstrated in the Building and Safety Department’s Memorandum, dated February 23, 2022. (B)
23. Compliance with Engineering-Land Development Division Requirements. The project/development shall comply with the requirements of the Engineering-Land Development Division, dated July 13, 2022, as may be amended by the City of Milpitas. (E)
LEGEND
(P) = Planning Department
(B) = Building Department
(E) = Engineering Department
(F) = Fire Department
(CA) = City Attorney’s Office
ALL = All Reviewing Departments
AGREEMENT
Permittee/Property Owner
The undersigned agrees to each and every condition of approval and hereby agrees to use the project property on the terms and conditions set forth in this resolution.
Dated: _________________ ______________________________________ Signature of Permittee
101
Item # C10.
AGENDA IX-1
MILPITAS PLANNING COMMISSION
STAFF REPORT
August 10, 2022
APPLICATION: NEW HILLSIDE RESIDENCE – Site Development Permit No. SD21-0011 – A Site Development Permit to develop a new 4,224-square foot singl e-family residence and 730- square foot attached garage on a vacant 4.67-acre hillside lot located in the R1- H Single-Family Residential-Hillside Zoning District at 489 Vista Ridge Drive.
RECOMMENDATION: Staff recommends that the Planning Commis sion adopt Resolution No . 22-010, recommending approval of Site
Development Permit SD21-0011 to the City Council, subject to the attached Conditions of Approval.
LOCATION:
Address/APN: 489 Vista Ridge Dr. (APN 042-30-008)
Area of City: South of Vista Ridge Drive
PEOPLE:
Project Applicant: Krislani Mulia , Kris & Associates
Property Owner: Aim Khan
Project Planner: Kristina Phung , Associate Planner
LAND USE:
General Plan Designation: Hillside Low -Density (HLD) Zoning District: Single Family Residential -Hillside (R1-H) Site Area: 4.67 acres
ENVIRONMENTAL: Categorically exempt fro m environmental review under the California Environmental Quality Act (CEQA ) in accordance with CEQA Guidelines Section 15303(a) (New Construction or
Conversion of Small Structures ) and Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning).
102
Item # C10.
EXECUTIVE SUMMARY
The applicant is requesting a Site Development Permit to construct a 4,224-square foot, two-story single-family residence with a 730-square foot attached garage on a 4.67-acre vacant hillside lot.
Map 1
Project Location
Map 2
Zoning Map
103
Item # C10.
BACKGROUND
History
On October 13, 1982, “Tract No. 6744” was filed for recordation in the Office of the Recorder of the County of Santa Clara, State of California. Tract Map No. 6744 created 26 lots, known as the Spring Valley Heights subdivision, with Lots 1-25 ranging in size from approximately 1.0-acre to
5.0-acres. Lot 26 was designated as “Common Area” and contains approximately 45.6 acres, with portions dedicated to future trails.
Subsequently, Tract Map 6744 was amended twice. On February 27, 1986, a lot line adjustment altered the boundaries of lots 1, 4, 5, 16, and 26. On April 8, 1988, Tract Map 6744 was further amended to include the following:
• the elimination of all building envelopes previously recorded on lots 1-25, • modifications to easements on lots 7, 18, and 20, and • requiring a geologic considerations analysis for all future developed lots. 489 Vista Ridge Drive was one of the properties created in the original subdivision as Lot 10. The lot has remained vacant since the subdivision was approved in 1982. Approximately four other lots currently remain vacant in this Hillside subdivision; the remaining 20 lots have been developed with single-family residences.
The Application
The following is a summary of the applicant’s request:
• Site Development Permit: To allow the construction of a 4,224- square foot , two-story single-family residence with a 730- square foot attached garage on a 4.67- acre vacant lot within the hillside.
Process
In addition to satisfying the substantive and procedural requirements typically applicable to a Site Development Permit, the application must be considered by both the Planning Commission and the City Council due to the project’s location within the Hillside Combining District (“H”) (Milpitas Municipal Code Section XI -10-45.09) for conformance with the Hillside Site and Architectural Guidelines.
PROJECT DESCRIPTION
Overview
The applicant is requesti ng a Site Development Permit to construct a two -story, single- family residence with a total of five bedrooms, four full bathrooms, and one-half bathroom.
The first floor, totaling approximately 2,631 square feet (sq. ft.) and will include the following:
laundry room (72 sq. ft.), mud room (46 sq. ft), office/study area (144 sq. ft.), guest bedroom suite (337 sq. ft.), one full bathroom, one-half bathroom, living room (210 sq. ft.), dining room (210 sq. ft.), family room (362 sq. ft), kitchen/nook area (354 sq. ft.) with a wine room/pantry area (143 sq. ft.), and an attached three-car garage (730 sq. ft.). Three additional on-site parking stalls will be located immediately north of the residence.
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A spiral staircase in the middle of the residence will connect to the second floor. The 1,593-sq. ft. second floor will contain a loft (242 sq. ft.), three additional bedrooms (152- 178 sq. ft.), two full baths, and a master bedroom suite (270 sq. ft.) with a full bathroom (176 sq. ft.) . Additionally, two balconies are proposed in the master bedroom. The master bedroom is located on the southern end of the residence, with the balconies facing east and west looking onto undeveloped hillside views and will not have a direct line of sight to neighboring residences.
The proposed landscaping in relation to the size of the 4.67-acre lot is minimal and includes eight trees and 32 plantings of various shrubs and perennials. All proposed landscaping materials are low water use. Four species of trees will be planted in 15-gallon sizes spaced out in approximately 40-foot increments, with one of each located on the side elevations of the residence extending towards the backyard. The names of common tree species to be planted include Purple Leaf, Crepe Myrtle, Washington Hawthorn, and Hybrid Laurel. The shrubs and perennials will be planted in five-gallon sizes along the entry of the driveway and in front of the r esidence, and will include species commonly known as Border Forsythia, Dwarf Mugo Pine, Lily of the Nile, Coast Rosemary, Bear’s Breeches, and Compact Escallonia.
A new hammerhead asphalt concrete driveway will be built matching the existing slope , leading to the attached garage or to the three additional unenclosed parking stalls north of the residence.
The proposed fencing includes a four-foot-tall openwork design as 14 -gauge galvanized steel welded wire fabric with wooden posts along the rear and side edges of the residence, and no fencing or gates are proposed at the front or entryway of the new residence. No other accessory structures or buildings are proposed.
Location and Context
The project site is located in the eastern portion of the City of Milpitas in the hillside area on an undeveloped 4.67-acre parcel along Vista Ridge Drive. The subject property and all neighboring properties are zoned Single Family Residential -Hillside. Unincorporated Santa Clara Count y properties are located further from the project site to the north and east . The following table provides a summary of the Zoning and Land Uses surrounding the site:
Table 1:
Surrounding Zoning and Land Uses
General Plan Zoning Existing Use
Subject
Site
Hillside Low
Density (HLD)
Single-Family Residential-
Hillside (R1-H) Vacant
North Hillside Low
Density (HLD)
Single-Family Residential-
Hillside (R1-H)
Single-family home (under
construction)
South Hillside Low
Density (HLD)
Single-Family Residential-
Hillside (R1-H)
Common Area; contains Spring
Valley Heights Assoc. water tanks
East Hillside Low
Density (HLD)
Single-Family Residential-
Hillside (R1-H) Single-family home
West Hillside Low
Density (HLD)
Single-Family Residential-
Hillside (R1-H) Single-family home
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Item # C10.
PROJECT ANALYSIS
General Plan and Zoning Conformance
Milpitas General Plan 2040
Hillside Low Density (HLD) is the General Plan designation. Topography within this designation is characterized by gentle to steep slopes, grassy terrain with some chaparral trees, wildlife, and geologically unstable areas . The HLD designation was created to ensure safe, appropriate development and to preserve the natural hillside ambiance. All development in the hillside area is low-density in scale with other single -family residences and rural in nature. As designed, t he Project is in conformance with the policies and standards in the City’s General Plan, as demonstrated in the following table:
Table 2:
General Plan Consistency
Policy Conformance
CD 7-1 Maintain the visual character of
hillsides, recognizing both the importance
of the exposure of hillside development
from off-site public views and the
importance of providing panoramic public
views from and of hillsides.
Consistent. The proposed Project will not impact
the visual character of the hillside from the valley
floor or other viewpoints as the project site is
located over a half mile east of the crestline and
the new residence will be shielded by an existing
hill when viewed from the valley floor. P roject
Plan sheets A -1.2 and A -1.3 illustrate how the
proposed residence will not obstruct panoramic
public views from and of the hillsides.
CD 7-2 Minimize the alteration of existing
landforms and maintain the natural
topographic characteristics of the hillside
areas, allowing only minimal disruption.
Consistent. The proposed Project will be situated
at the flattest portion of the lot to limit disruption
to the existing natural topography by limiting cut
and fill to 310 cubic yards for both construction
phases. The total cut and fill will balance each
other out to accommodate the home's footprint
and meet the required grade at the proposed
driveway.
CD 7-3 Protect the natural character of
hillside areas by means of contour
grading to blend graded slopes and
terraces with the natural topography.
Consistent. Minimal contour grading will be
required for construction of the new residence due
to siting on the flattest areas of the lot. A ll new
contours will be designed to blend with the natural
existing site contours as demonstrated in the civil
drawings in the plan set.
CD 7-4 Avoid mass graded pads within
hillside areas. Smaller steps or grade
changes should be used over single, large,
slope banks to the greatest extent feasible.
Consistent. The building pad is proposed at the
flattest portion of the lot and will necessitate only
minimal grading , including equal cut and fill.
Grading has been substantially minimized in the
Project, in that the siting follows the site's natural
contours, in an effort to preserve the natural terrain
quality.
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Item # C10.
Policy Conformance
CD 7-5 Ensure that any change in hillside
land use is accompanied by appropriate
safety measures and that the
environmental constraints are adequately
addressed especially with respect to
runoff and erosion.
Consistent. No changes are proposed to the
existing land use and zoning designation for the
subject site to be used as a single-family residence.
Prior to construction of the residence, all proposed
project construction and operational details will be
reviewed thoroughly by applicable Departments
during the building permit review process. The
building permit application will be reviewed with
the latest adopted State and local building and
development codes, which will include standard
requirements such as Construction Best
Management Practices (BMPs) and an erosion and
sediment control plan to be developed prior to
construction of the proposed Project.
CD 7-6 Require hillside development to
incorporate architecture, scale, massing,
building form, building color, roof
materials, and landscaping to reflect the
natural hillside setting.
Consistent. The proposed Project’s low-profile
building design and earth tone materials will blend
into the rural environment. Such materials include
gray-toned ledger stone, exterior stucco in twilight
gray, birchwood roof material, and related muted
tan and gray tones as accents for the residence .
The applicant is also proposing minimal
landscaping and intends to preserve the remainder
of the parcel’s existing natural condition as is .
Landscaping materials proposed are consistent
with the Hillside Landscaping Ordinance and
include species such as the Prunus cerasifera tree,
also known as the Purple Leaf tree.
Development Standards
The site is located in the R1 -H Single-Family Residential-Hillside Combining District. The “H” Zoning District promotes and encourages the orderly development of the hillside area of the City by the application of regulations and requirements established to meet the particular constraints associated with development of hillside areas, inclu ding, but not limited to, geologic problems, slope, safe access and visibility.
Per Milpitas Municipal Code Section XI -10-45.17-4, the subject parcel is greater than 3.0 -acres, which allows for a larger maximum size for the main residence and greater imper vious surface coverage compared to parcels under this acre threshold . Although the proposed new residence could be developed substantially greater in size for the main residence and impervious surface coverage, the project applicant chose to conform to de velopment standards well within its maximum limitations . Table 3 demonstrates the P roject’s consistency with the applicable development standards of the R1-H zone.
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Item # C10.
Table 3:
Summary of Development Standards
Standards Hillside Requirements Proposed Complies
Front Setback
25 ft. minimum when avg.
slope is <16%.
Otherwise, 40 ft.
minimum
40 ft. (Avg. slope of lot is
10.6%) Yes
Side Yard Setback 40 ft. minimum 429 ft. to east
111 ft. to west Yes
Rear 40 ft. minimum 154 feet Yes
Size of Main
Residence
6,000 sq. ft. maximum
(lots < 3 acres)
10,000 sq. ft. maximum
(lots > 3 acres)
5,008 sq. ft. (including
attached garage and
porch)
Yes
Size of Accessory
Structures 1,200 sq. ft. maximum None N/A
Impervious Surfaces
8,000 sq. ft. maximum
(lots < 3 acres)
30,000 sq. ft. maximum
(lots > 3 acres)
8,556 sq. ft. Yes
Building Height
(maximum)
17 ft. west of crestline;
27 ft. east of crestline
26 ft. 11.5 in.
Yes
Parking
Four spaces required
Six spaces (three inside
garage & three outside) Yes
Due to the subject property’s location, the P roject is required to comply with the development standards in the City’s Hillside Combining District. Per MMC Section XI-10-45.09-7, the Planning Commission and City Council shall consider the following guidelines in its review. Staff recommends that the proposed design is consistent with the Hillside Architectural Guidelines as shown in Table 4 below.
Table 4:
Site and Architectural Guidelines – City of Milpitas – Hillside
Site and Architectural Guidelines
Section XI-10-45.09-7
Consistency Finding
(a) Avoid unreasonable interference with
Views and Privacy. The height,
elevations and placement on the site of
the proposed main or accessory
structure, when considered with
Consistent. Due to the proposed location and
minimal scale of the home in consideration to its
maximum allowable size outlined in Table 3, the
development will not substantially interfere with
views and privacy to adjacent lots. In addition,
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Item # C10.
Site and Architectural Guidelines
Section XI-10-45.09-7
Consistency Finding
reference to the nature and location of
residential structures on adjacent lots,
will avoid unreasonable interference
with views and privacy.
the proposal exceeds all setback requirements, is
within its 27-foot, two-story height limit at 26-feet
and 11.5-inches, and substantially setback from
adjacent residences to the north and west, which
minimizes interference with views and privacy.
The adjacent single-family residence located west
of the subject property is entirely on a downsloped
elevation and will not have any immediate line of
sight to the subject property. The adjacent
residence to the north is currently under
construction and would be setback approximately
110-feet from each other. Furthermore, the
subject property along its north elevation will
have three uncovered parking stalls that will
provide additional screening of the residence to
the north. Additionally, the majority of the
subject lot to the east and south will remain
undeveloped. Due to the size of the large
trapezoidal-shaped lot, the existing single-family
residences located east are not immediately visible
from where the proposed residence will be sited.
The lot to the south is dedicated as Common Area
only and will not be developed with future
residential uses.
(b) Preserve Natural Landscape. The
natural landscape will be preserved
insofar as practicable by designing
structures to follow the natural contours
of the site and minimizing tree and soil
removal.
Consistent. The project site is currently vacant
and undeveloped with a few shrubs on the higher
sloped southern portions of the lot and has no
existing trees. As such, no trees will be removed.
As proposed, the design of the house is carefully
sited to be built on the flattest portions of the lot,
following the natural landscape and existing
contours of the site to limit cut and fill to an equal
310 cubic yards each. Minimal landscaping is
also proposed including 8 mid-size trees and
various flowering plants, ground cover, and
shrubs.
(c) Minimize Perception of Excessive Bulk.
The design of the proposed main and /or
accessory structure(s) in relation to the
immediate neighborhood should
minimize the perception of excessive
bulk.
Consistent. The proposed design includes
varying rooflines, a clear delineation of different
colors and materials, and punctuation of certain
front and side facing elevations to remove the
perception of bulk within the two-story residence.
The footprint of the proposed home is also angled
in its orientation to the front property line, thus
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Item # C10.
Site and Architectural Guidelines
Section XI-10-45.09-7
Consistency Finding
minimizing the perception of excessive bulk.
Furthermore, as described above and shown in
Table 3, the proposed main residence is proposed
to be sized in scale closer to immediate neighbors’
residences built on lots less than 3.0-acres in size.
The overall building footprint of the main
residence on the 4.67-acre lot is consolidated, and
the remaining portions of the lot will also remain
undeveloped, and no accessory structures are
proposed.
(d) Impairment of Light and Air. The
proposed main or accessory structure(s)
shall not unreasonably impair the light
and air of adjacent properties nor
unreasonably impair the ability of
adjacent properties to utilize solar
energy.
Consistent. The proposed home will not exceed
27 feet in height as permitted for homes east of the
crestline, and exceeds all minimum setbacks as
required by the Hillside development standards.
The proposed home also has a combination of flat
and minimally pitched roof systems that could be
used to utilize future solar energy. With regards
to adjacent properties, the lot to the south is
reserved as Common Area and the residences to
the east are located greater than 429-feet away.
The residence to the west is located entirely on a
lower elevation, and the residence to the north
would be setback approximately 110-feet from the
proposed residence. As such, the proposed main
residence will not cause an impairment to the
adjacent properties access to light and air.
(e) Grading. All grading shall be kept to an
absolute minimum and shall comply with
the grading ordinance criteria.
Consistent. As proposed, the proposed location
of the main dwelling is where the existing lot is
relatively flat, so grading is limited to 310 cubic
yards of cut and fill. All graded soil will be
repurposed as fill.
Site & Architectural Design
The Project is designed in a Mediterranean style, which adds to the neighborhood's diversity of housing stock. The home incorporates strong lines, a mixture of high- quality and earth tone materials. Articulating the architectural forms and blending with various finishes creates an attractive front elevation. The overall color scheme of the residence will have light tan, brown, and gray shades. The exterior materials include a smooth finished stucco, light gray colored ledger stone cladding, silver birchwood shingle roofing, and a mahogany wood- tone garage door. The main door and windows have a dark brown, expresso color finish. All exterior materials and finishes work together as a palette of earth tone colors creating harmony with the surroundings.
The colors and materials proposed are complementary to the character of the rural, neighboring 110
Item # C10.
residences. A visual rendering with all materials and colors is demonstrated in the Materials Proposal sheet in Attachment B (Project Plans).
Grading
Due to the sloped lot and vehicular access requirements, the applicant has requested that the site be graded in order to make the site feasible for residential development. In an effort to limit the amount of soil to be removed the applicant has proposed a site plan which locates the home on the flattest portion of the site which will re sult in an equal 310 cubic yards of cut and fill for the construction of the new home and the required grade of the driveway for firetruck access.
Attachment B (Project Plans) demonstrates the preliminary grading plan on Sheet C -1 and is consistent with the grading requirements within the Hillside Ordinance.
Crestline Zone of Protection
Per MMC Section XI-10-45.06, the purpose of the Crestline Zone of Protection is to preserve the crestline's natural quality and the slopes immediately below when viewed from the valley floor.
To demonstrate compliance, the applicant took pictures from the three nearest vantage viewpoints established by the City from the crestline . A s demonstrated in Sheet s A- 1.2 and A -1.3 of Attachment B (Project Plans) , the proje ct site will not be visible from the valley floor, and is obstructed from views by an existing hill, and is therefore, compliant with the Crestline Zone of Protection.
FINDINGS FOR APPROVAL (OR DENIAL)
A finding is a statement of fact relating to the information that the Planning Commission must consider in making a decision. Findings shall identify the rationale behind the decision to take a certain action. Based on substantial evidence in the public record, Staff has found that the proposed Project is consistent with the General Plan, Zoning Ordinance, and all required findings.
Site Development Permit Findings (Section XI-10-57-03-1(F))
1. The layout of the site and design of the proposed buildings, structures and landscaping are compatible and aesthetically harmonious with adjacent and surrounding development.
As described within the staff report, the development's architectural design and site planning is aesthetically compatible with th e neighboring properties , and the on-site grading plan minimizes changes to the natural topography. The proposed single -family residence incorporates earth tone colors and materials that compl ement both the site and existing neighborhood.
2. The Project is consistent with the Milpitas Zoning Ordinance in that:
As described within the staff report and demonstrated within Table 3 of the staff report, the proposed single-family residence is consistent with the development standards of the Milpitas Zoning Ordinance for the R1- H Single -Family Residential- Hillside Zoning District for setbacks, height requirements, and landscaping.
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Item # C10.
3. The Project is consistent with the Milpitas General Plan in that:
As demonstrated within Table 2 of the staff report, the P roject is consistent with the existing Hillside General Plan policies of the City of Milpitas. The proposed residence is designed to fit in with the existing natural topographic features of the property with minimal grading and will have little to no visual impact as viewed from the valley floor as the subject residence will be shielded by an existing hill and is located on a farther eastern edge of the City. No mass grading is required, and the majority of the lot will remain undeveloped. The scale, mas s, building form, and overall design of the new Hillside residence will be similar to other single- family residences in the Hillside and will have earth toned features.
ENVIRONMENTAL REVIEW
The proposed Project is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15303(a) (New Construction or Conversion of Small Structures) and Section 15183 (Project s Consistent with a Community Plan, General Plan or Zoning).
PUBLIC COMMENT/OUTREACH
Staff provided public notice for the application per City and State public notice requirements. At the time of writing this report, there have been no inquiries from the public. A notice was published in the Milpitas Post on July 29, 2022. In addition, 14 notices were sent to owners and occupants within 300 feet of the project site. A p ublic notice was also provided on the project site, on the City’s Website, www.milpitas.gov, and posted at City Hall.
RECOMMENDATION
STAFF RECOMMENDS THAT the Planning Commission:
1. Open the Public Hearing to receive comments;
2. Close the Public Hearing; and
3. Adopt Resolution 22-010, recommending that the City Council approve Site Development Permit No. SD21-0011, to allow development of a single -family residence in the R1 -H Single -family Residential H illside Zoning D istrict, subject to the findings and attached Conditions of Approval.
ATTACHMENTS
A: Resolution 22-010
B: Project Plans
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Item # C10.
RESOLUTION NO. 22-010
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MILPITAS RECOMMENDING APPROVAL OF SITE DEVELOPMENT PERMIT NO. SD21-0011 TO CONSTRUCT A NEW HILLSIDE HOME ON A VACANT 4.67 ACRE SITE LOCATED AT 489 VISTA RIDGE
WHEREAS, on November 19, 20 21, an applic ation was submitted by Krislani Mulia of Kris & Associates (“Applicant” or “Permittee”), for a development proposal to allow the construction of a 4,224 square foot two-story single- family residence and 730 square foot attached garage on a vacant 4.67 acre site at 489 Vista Ridge (APN: 042-30-008) (the “Project”). The Project site is zoned Single Family Residential - Hillside; and WHEREAS, the Planning Division completed an environmental assessment for the Project in accordance with the California Environmental Quality Act (CEQA), which assessment determined that the Project is exempt from CEQA review pursuant to Section 15303 (New Construction and Conversion of Small Structures) of the CEQA Guidelines and, as a separate and independent basis, pursuant to Section 15183 of the CEQA Guidelines; and WHEREAS, on August 10, 2022, a duly noticed public hearing was held by the City of Milpitas Planning Commission on the subject application, at which time all those in attendance were given the opportunity to speak on the Project; and
WHEREAS, the Planning Commission has considered all of the written and oral testimony presented at the public hearing in making its decision; and
NOW THEREFORE, the Planning Commission of the City of Milpitas hereby finds, determines and resolves as follows:
SECTION 1: Recitals
The Planning Commission has considered the full record before it, which may include, but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it.
Furthermore, the recitals set forth above are found to be true and correct and incorporated herein by reference.
SECTION 2: CEQA Finding
The project is exempt from further environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15303(a) for “New Constructi on or Conversion of Small Structures including one single -family residence, or a second dwelling unit in a residential zone,” because it can be seen with certainty that there is no possibili ty that these actions may have a significant effect on the environ ment. The Project’s proposed new construction of a single - family residence and its accessory structures are within a residentially zoned area on a legal parcel and none of the exceptions, as specified in Section 15300.2 of the CEQA Guidelines that would preclude applicability of this exemption are present. As a separate and independent basis, the Project is exempt from Section 15183 of the CEQA Guidelines as a project consistent with a community plan, general plan or zoning in that it is consistent with the development density established in the Milpitas General Plan and the applicable zoning and there are no project-specific significant effects which are peculiar to this project or its site.
SECTION 3: Site Development Permit Findings (Section XI-10-57.03(F)(1)) - The Planning Commission makes the following findings based on the evidence in the public record in support of Site Development Permit No. SD21- 0011:
1. The layout of the site and design of the proposed buildings, structures and landscaping are compatible and aesthetically harmonious with adjacent and surrounding development.
As described within the staff report, the development's architectural design and site planning is aesthetically compatible with the neighboring properties, and the on-site grading plan minimizes changes to the natural topography.
DocuSign Envelope ID: 9707F553-6A28-467D-B0F0-045C539F59E1 113
Item # C10.
Resolution No. 22-010
2 The proposed single-family residence incorporates earth tone colors and materials that complement both the site and existing neighborhood.
2. The Project is consistent with the Milpitas Zoning Ordinance.
Table 1 demonstrates the Project’s consistency with the applicable development standards of the R1-H Zoning District per Section XI-10-45 - "H" Hillside Combining District of the Milpitas Zoning Ordinance, including setbacks, height requirements, maximum impervious surface coverage, and parking.
Table 1 :
Summary of Development Standards
Standards Hillside Requirements Proposed – 4.67-acre lot Complies Front Setback
25 ft. minimum when avg.
slope is <16%.
Otherwise, 40 ft. minimum
40 ft. (Avg. slope of lot is
10.6%) Yes
Side Yard Setback 40 ft. minimum 429 ft. to east
111 ft. to west Yes
Rear 40 ft. minimum 154 feet Yes
Size of Main Residence
6,000 sq. ft. maximum
(lots < 3 acres)
10,000 sq. ft. maximum (lots
> 3 acres)
5,008 sq. ft. (including
attached garage and porch) Yes
Size of Accessory
Structures 1,200 sq. ft. maximum None N/A
Impervious Surfaces
8,000 sq. ft. maximum (lots
< 3 acres)
30,000 sq. ft. maximum (lots
> 3 acres)
8,556 sq. ft. Yes
Building Height
(maximum)
17 ft. west of crestline;
27 ft. east of crestline
26 ft. 11.5 in.
Yes
Parking
4 spaces required
6 spaces (3 inside garage &
3 outside) Yes
Due to the subject property’s location, the Project is also required to comply with the development standards in the City’s Hillside Combining District. Per Section XI-10-45.09-7 of the Zoning Ordinance, the Planning Commission and City Council shall consider the following guidelines in their review of proposed new development. Staff has determined the home to be consistent with the Hillside Architectural Guidelines as demonstrated below. See Table 2 for consistency.
Table 2:
Hillside Zoning Ordinance Compliance
Site and Architectural Guidelines
Section XI-10-45.09-7
Consistency Finding
(a) Avoid unreasonable interference with Views
and Privacy. The height, elevations and
placement on the site of the proposed main
or accessory structure, when considered
with reference to the nature and location of
residential structures on adjacent lots, will
avoid unreasonable interference with views
and privacy.
Consistent. Due to the proposed location and minimal
scale of the home in consideration to its maximum
allowable size outlined in Table 3, the development
will not substantially interfere with views and privacy to adjacent lots. In addition, the proposal exceeds all setback requirements, is within its 27-foot, two-story
height limit at 26-feet and 11.5-inches, and
substantially setback from adjacent residences to the
DocuSign Envelope ID: 9707F553-6A28-467D-B0F0-045C539F59E1 114
Item # C10.
Resolution No. 22-010
3 Site and Architectural Guidelines
Section XI-10-45.09-7
Consistency Finding
north and west, which minimizes interference with
views and privacy. The adjacent single-family
residence located west of the subject property is
entirely on a down-sloped elevation and will not have
any immediate line of sight to the subject property.
The adjacent residence to the north is currently under
construction and would be setback approximately 110-
feet from each other. Furthermore, the subject
property along its north elevation will have three
uncovered parking stalls that will provide additional
screening of the residence to the north. Additionally, the majority of the subject lot to the east and south will remain undeveloped. Due to the size of the large
trapezoidal-shaped lot, the existing single-family
residences located east are not immediately visible
from where the proposed residence will be sited. The
lot to the south is dedicated as Common Area only and
will not be developed with future residential uses.
(b) Preserve Natural Landscape. The natural
landscape will be preserved insofar as
practicable by designing structures to follow
the natural contours of the site and
minimizing tree and soil removal.
Consistent. The project site is currently vacant and
undeveloped with a few shrubs on the higher sloped
southern portions of the lot and has no existing trees.
As such, no trees will be removed. As proposed, the
design of the house is carefully sited to be built on the flattest portions of the lot, following the natural
landscape and existing contours of the site to limit cut and fill to an equal 310 cubic yards each. Minimal
landscaping is also proposed including 8 mid-size trees and various flowering plants, ground cover, and
shrubs.
(c) Minimize Perception of Excessive Bulk. The
design of the proposed main and /or
accessory structure(s) in relation to the
immediate neighborhood should minimize
the perception of excessive bulk.
Consistent. The proposed design includes varying
rooflines, a clear delineation of different colors and
materials, and punctuation of certain front and side
facing elevations to remove the perception of bulk
within the two-story residence. The footprint of the
proposed home is also angled in its orientation to the
front property line, thus minimizing the perception of
excessive bulk. Furthermore, as described above and
shown in Table 3, the proposed main residence is
proposed to be sized in scale closer to immediate
neighbors’ residences built on lots less than 3.0-acres in size. The overall building footprint of the main
residence on the 4.67-acre lot is consolidated, and the remaining portions of the lot will also remain
undeveloped and no accessory structures are proposed.
(d) Impairment of Light and Air. The proposed
main or accessory structure(s) shall not
unreasonably impair the light and air of
adjacent properties nor unreasonably impair
the ability of adjacent properties to utilize
solar energy.
Consistent. The proposed home will not exceed 27
feet in height as permitted for homes east of the
crestline, and exceeds all minimum setbacks as
required by the Hillside development standards. The
proposed home also has a combination of flat and
minimally pitched roof systems that could be used to
utilize future solar energy. With regards to adjacent
DocuSign Envelope ID: 9707F553-6A28-467D-B0F0-045C539F59E1 115
Item # C10.
Resolution No. 22-010
4 Site and Architectural Guidelines
Section XI-10-45.09-7
Consistency Finding
properties, the lot to the south is reserved as Common
Area and the residences to the east are located greater than 429-feet away. The residence to the west is
located entirely on a lower elevation, and the residence to the north would be setback approximately 110-feet
from the proposed residence. As such, the proposed
main residence will not cause an impairment to the
adjacent properties access to light and air.
(e) Grading. All grading shall be kept to an
absolute minimum and shall comply with the
grading ordinance criteria.
Consistent. As proposed, the proposed location of the
main dwelling is where the existing lot is relatively
flat, so grading is limited to 310 cubic yards of cut and fill. All graded soil will be repurposed as fill.
Site & Architectural Design
The Project is designed in a Mediterranean style, which adds to the neighborhood's diversity of housing stock. The home incorporates strong lines, a mixture of high- quality and earth tone materials. Articulating the architect ural forms and blending with various finishes creates an attractive front elevation. The overall color scheme of the residence will have light tan, brown, and gray shades. The exterior materials include a smooth finished stucco, light gray colored ledger stone cladding, silver birchwood shingle roofing, and a mahogany wood-tone garage door. The main door and windows have a dark brown, expresso color finish. All exterior materials and finishes work together as a palette of earth tone colors creating harmony with the surroundings. The colors and materials proposed are complementary to the character of the rural, neighboring residences. A visual rendering with all materials and colors is demonstrated in the Materials Proposal sheet in Attachment B (Project Plans).
Grading
Due to the sloped lot and vehicular access requirements, the applicant has requested that the site be graded in order to make the site feasible for residential development. In an effort to limit the amount of soil to be removed the applicant has proposed a site plan which locates the home on the flattest portion of the site which will result in an equal 310 cubic yards of cut and fill for the construction of the new home and the required grade of the driveway for firetruck access. Attachment B (Project Plans) demonstrates the preliminary grading plan on Sheet C -1 and is consistent with the grading requirements within the Hillside Ordinance.
Crestline Zone of Protection
Per MMC Section XI-10-45.06, the purpose of the Crestline Zone of Protection is to preserve the crestline's natural quality and the slopes immediately below when viewed from the valley floor. To demonstrate compliance, the applicant took pictures from the three nearest vantage viewpoints established by the City from the crestl ine. As demonstrated in Sheets A-1.2 and A-1.3 of Attachment B (Project Plans), the project site will not be visible from the valley floor, and is obstructed from views by an existing hill, and is therefore, compliant with the Crestline Zone of Protection.
3. The Project is consistent with the Milpitas General Plan.
As demonstrated in Table 3 below, the Project is consistent with the existing General Plan policies of the Milpitas 2040 General Plan:
DocuSign Envelope ID: 9707F553-6A28-467D-B0F0-045C539F59E1 116
Item # C10.
Resolution No. 22-010
5 Table 3:
General Plan Consistency
Policy Conformance
CD 7-1 Maintain the visual character of
hillsides, recognizing both the importance of the
exposure of hillside development from off-site
public views and the importance of providing
panoramic public views from and of hillsides.
Consistent. The proposed Project will not impact
the visual character of the hillside from the valley
floor or other viewpoints as the project site is
located over a half mile east of the crestline and the
new residence will be shielded by an existing hill
when viewed from the valley flo or. Project Plan
sheets A-1.2 and A-1.3 illustrate how the proposed
residence will not obstruct panoramic public views
from and of the hillsides.
CD 7-2 Minimize the alteration of existing
landforms and maintain the natural topographic
characteristics of the hillside areas, allowing only
minimal disruption.
Consistent. The proposed Project will be sit uated
at the flattest portion of the lot to limit disru ption to the existing natural topography by limiting cut
and fill to 310 cubic yards for both construction
phases. The total cut and fill will balance each
other out to accommodate the home's footprint and
meet the required grade at the proposed driveway.
CD 7-3 Protect the natural character of hillside
areas by means of contour grading to blend
graded slopes and terraces with the natural
topography.
Consistent. Minimal contour grading will be
required for construction of the new residence due
to siting on the flattest areas of the lot. All new
contours will be designed to blend with the natural
existing site contours as demonstrated in the civil
drawings in the plan set.
CD 7-4 Avoid mass graded pads within hillside
areas. Smaller steps or grade changes should be
used over single, large, slope banks to the
greatest extent feasible.
Consistent. T he building pad is proposed at the
flattest portion of the lot and will necessitate only
minimal grading, including equal cut and fill.
Grading has been su bstantially minimized in the
Project, in that the siting follows the site's natural
contours, in an effort to preserve the natural terrain
quality.
CD 7-5 Ensure that any change in hillside land
use is accompanied by appropriate safety
measures and that the environmental constraints
are adequately addressed especially with respect
to runoff and erosion.
Consistent. No changes are proposed to the
existing l and use and zoning designation for the
subject site to be used as a single-family residence.
Prior to construction of the residence, all proposed
project construction and operational details will be
reviewed thoroughly by applicable Departments
during the building permit review process. The
building permit application will be reviewed with
the latest adopted State and local building and
development codes, which will include standard
requirements such as Construction Best
Management Practices (BMPs) and an erosion and
sediment control plan to be developed prior to
construction of the proposed Project.
DocuSign Envelope ID: 9707F553-6A28-467D-B0F0-045C539F59E1 117
Item # C10.
Resolution No. 22-010
6 CD 7-6 Require hillside development to
incorporate architecture, scale, massing, building
form, building color, roof materials, and
landscaping to reflect the natural hillside setting.
Consistent. The proposed Project’s low -profile
building design and earth tone materials will blend
into the rural environment. Such materials include
gray-toned ledger stone, exterior stucco in twilight
gray, birchwood roof mat erial, and related muted
tan and gray tones as accents for the residence. The
applicant is also proposing minimal landscaping
and intends to preserve the remainder of the
parcel’s existing natural condition as is.
Landscaping materials proposed are consi stent
with the Hillside Landscaping Ordinance and
include species such as the Prunus cerasifera tree,
also known as the Purple Leaf tree.
As described above, the Project is compatible and consistent with the surrounding uses and has been found to conform to the intent of the Milpitas 2040 General Plan designation. The proposed home is designed to fit in with the natural topographic features of the property and reduces the visual impact as viewed from the valley floor.
SECTION 4: Based on the recode as a whole and the findings set forth herein, the Planning Commission of the City of Milpitas hereby recommends the City Council hereby approves Site Development Permit No. SD21-0011 to allow the construction of a single-family residence in the hillside district, based on the above findings and subject to the Conditions of Approval attached hereto as Exhibit 1 and incorporated herein.
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Milpitas on August 10, 2022.
Chair
TO WIT:
I HEREBY CERTIFY that the following resolution was duly adopted at a regular meeting of the Planning Commission of the City of Milpitas on August 10, 2022, and carried by the following roll call vote:
COMMISSIONER AYES NOES ABSENT ABSTAIN
Mercedes Albana
Dipak Awasthi
Bill Chuan
Larry Ciardella
Alexander Galang
Sonia Medina-Ashby
Zeya Mohsin
DocuSign Envelope ID: 9707F553-6A28-467D-B0F0-045C539F59E1 Aug-15-2022
118
Item # C10.
Resolution No. 22-010
7 EXHIBIT 1
CONDITIONS OF APPROVAL
SITE DEVELOPMENT PERMIT NO. SD21-0011
489 VISTA RIDGE DRIVE (APN 042-30-008)
GENERAL CONDITIONS
1. General Compliance. The applicant, including all successors in interest (collectively “Permittee”) shall comply with each and every condition set forth in this Permit. Site Development Permit No. SD21 -0011 (“Permit”) shall have no force or effect and no building permit shall be issued unless and until all things required by th e below-enumerated precedent conditions have been performed or caused to be performed and this Resolution has been recorded by the Permittee with the Santa Clara County’s Recorder Office and a copy shall be provided to the Planning Department. (P)
2. Effective Date. Unless there is a timely appeal filed in accordance with the Milpitas Zoning Code, the date of approval of this Permit is the date on which the decision-making body approved this Permit. (P)
3. Acceptance of Permit . Should Permittee fail to file a ti mely appeal within twelve (12) calendar days of the date of approval of this Permit, inaction by Permittee shall be deemed to constitute each of the following:
a. Acceptance of this Permit by Permittee; and
b. Agreement by the Permittee to be bound by, comply with, and to do all things required of or by Permittee pursuant to all of the terms, obligations, and conditions of this Permit.
4. Permit Expiration. Pursuant to Section XI -10-64.06 of the Milpitas Zoning Code, this Permit shall become null and void if the activity permitted by this Permit is not commenced within two (2) years from the date of approval, or for a project submitted with a tentative map, within the time limits of the approved tentative map. Pursuant to Section XI-10-
64.06(B) of the Milpitas Zoning Code, an activity permitted by this Permit shall be deemed to have commenced when the Project:
a. Completes a foundation associated with the Project; or b. Dedicates any land or easement as required from the zoning action; or c. Complies with all legal requirements necessary to commence the use, or obtains an occupancy permit, whichever is sooner.
5. Time Extension. Pursuant to Section XI -10-64.07 of the Milpitas Zoning Code, unless otherwise provided by State law, Permittee shall have the right to request a one-time extension of the Permit if the request is made in writing to the Planning Division prior to the expiration date of the approval. (P)
6. Project Job Account. If Permittee’s project job account is at any time delinquent or below the required deposit amount, City will not continue to review or process the application until Permittee’s private job account is paid in full and the required deposit has been made. Additionally, prior to the issuance of any building permit or occupancy permit, as applicable, Permittee shall pay in full the project account balance and establish a remaining balance of at least twenty- five percent (25%) of the required initial deposit. (ALL)
7. Notice. Pursuant to California Government Code Section 66020, any protest filed in court relating to the imposition of fees, dedication, reservations, or other exactions to be imposed on the development project shall be filed within ninety (90) days after the date of the adoption of this Resolution. This provision serves as notice from the local agency to the Permittee that the ninety (90) day period in which the applicant may file a protest has begun under California Government Code Section 66020(d)(1). (P)
8. Cost and Approval. Permittee shall fully complete and satisfy each and every condition set forth in this Resolution and any other condition applicable to the Project to the sole satisfaction of the City. Additionally, Permittee shall be solely responsible and liable for the cost to satisfy each and every condition. Permittee shall pay all required fees and charges to City at the rate in effect at time of building permit issuance, or, the rate in effect when the fees and charges are due and paid in full to City. There is no vesting of any fees or charges with the adoption of this Resolution. (P)
9. Conditions. Each and every condition set forth in this Exhibit shall apply to the Project and continue to apply to the Project so long as the Permittee is operating the Project under the permits and approvals in this Resolution. (P) DocuSign Envelope ID: 9707F553-6A28-467D-B0F0-045C539F59E1 119
Item # C10.
Resolution No. 22-010
8 10. Compliance with Laws. The construction, use, and all related activity authorized under this Permit shall comply with all applicable local, state, and federal laws, rules, regulations, guidelines, requirements, and policies. (CA/P)
11. Previous Approvals. Permittee shall abide by and continue to comply with all previous City approvals, permits, or requirements relating to the subject property, unless explicitly superseded or revised by this Permit. (ALL)
12. Indemnification. To the fullest extent permitted by law, Permittee shall indemnify, defend with counsel of the City’s choosing, and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and agai nst any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to (i) City's approval of the Project, including but not limited to, the approval of the discretionary permits, maps under the Subdivision Map Act, and/or the City's rel ated determinations or actions under the California Environmental Quality Act, and (ii) Permittee’s construction, operation, use, or related activity under this Permit. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. Permittee shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. Permittee shall pay to the City upon demand or, as applicable, to counsel of City’s choosing, any amount owed pursuant to the indemnification requirements prescribed in this condition. (CA)
13. Revocation, Suspension, Modification. This Permit may be suspended, revoked, or modified in accordance with Section XI-10-63.06 of the Milpitas Zoning Code. (P)
14. Severability. If any term, provision, or condition of this Permit is held to be illegal or unenforceable by the Court, such term, provision, or condition shall be severed and shall be inoperative, and the remainder of this Permit shall remai n operative, binding, and fully enforceable. (ALL)
15. Conditions of Approval. As part of the issuance of building permits, the Permittee shall include within the first four pages of the working drawings for a plan check, a list of all conditions of approval imposed by the final approval of the project. (P)
16. Development in Conformance with Approved Plans: Permittee shall develop the approved Project in conformance with the approved plans approved by the Planning Commission on August 10, 2022, in accordance with these Conditions of Approval.
Any deviation from the approved site plan, elevations, materials, colors, landscape plan, or other approved submittal shall require that, prior to the issuance of building permits, the Permittee shall submit modified plans and any other applicable materials as required by the City for review and obtain the approval of the Planning Director or Designee. If the Planning Director or designee determines that the deviation is significant, Permittee shall be required to apply for review and obtain approval of the Planning Commission or City Council, as applicable, in accordance with the Milpitas Zoning Code. (P)
17. Prior to the issuance of a building permit, the owner or designee shall include within the four first pages of the working drawings for a plan check, a list of all conditions of approval imposed by the final approval of the Project. (P)
18. Streets shall be designed to generally follow the contours and landform in order to minimize cut and fill. Exposed walls facing roadways and retaining walls shall be no greater than six feet in height. Crib walls facing roadways shall be no greater than 15 feet in height. (P)
19. Landscaping coverage and stabilization of graded slopes shall be selected and designed to be compatible with surrounding natural vegetation or to replace removed natural vegetation and should recognize climate, soil, and ecological characteristic of the region. Plant materials that require excessive water after becoming established should be avoided. (P)
20. Within six months, or such other period established by the Planning Commission, after the commencement of grading activities, all graded areas not covered by an impervious surface shall be stabilized in such manner as shall be approved by the Planning Director. (P)
21. Compliance with Fire Department and California Fire Code . The project/development shall comply with the requirements of the Fire Department and the California Fire, as demonstrated by the Fire Department’s Memorandum, DocuSign Envelope ID: 9707F553-6A28-467D-B0F0-045C539F59E1 120
Item # C10.
Resolution No. 22-010
9 dated March 3, 2022, as may be amended by the City of Milpitas. Changes to the site plan and/or internal circulation shall be reviewed and approved by the Fire Department. (F)
22. Compliance with Building Department. The Project shall comply with the requireme nts of the Building Department, International Building Code, CBC, CMC, CEC, CPC, Green Building Standards Code, California Energy Code, and the Milpitas Municipal Code, as demonstrated in the Building and Safety Department’s Memorandum, dated February 23, 2022. (B)
23. Compliance with Land Development Department. The project/development shall comply with the requirements of the Engineering Division, dated July 13, 2022, as may be amended by the City of Milpitas. (E)
LEGEND
(P) = Planning Department
(B) = Building Department
(E) = Engineering Department
(F) = Fire Department
(CA) = City Attorney’s Office
ALL = All Reviewing Departments
DocuSign Envelope ID: 9707F553-6A28-467D-B0F0-045C539F59E1 121
Item # C10.
Resolution No. 22-010
10 NOTICE OF RIGHT TO PROTEST
The Conditions of Project Approval set forth herein include certain fees, dedication requirements, reservation requirements, and other exactions. Pursuant to Government Code Section 66020(d)(1), these Conditions constitute written notice of a statement of the amount of such fees, and a description of the dedications, reservations, and other exactions. You are hereby further notified that the 90- day approval period in which you may protest these fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), began on date of adoption of this resolution. If you fail to file a protest within this 90 -day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions.
AGREEMENT
Permittee/Property Owner
The undersigned agrees to each and every condition of approval and acknowledges the NOTICE OF RIGHT TO PROTEST and hereby agrees to use the Project property on the terms and conditions set forth in this resolution.
Dated: _________________ ______________________________________ Signature of Permittee
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Item # C10.
Certificate Of Completion
Envelope Id: 9707F5536A28467DB0F0045C539F59E1
Status: Completed
Subject: Please DocuSign: Attachment A - 489 Vista Ridge - Reso 22-010 DocuSign.pdf Source Envelope:
Document Pages: 10
Signatures: 1
Envelope Originator:
Certificate Pages: 5
Initials: 0
Elizabeth Medina
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
455 E Calaveras Blvd
Milpitas, CA 95035
[email protected]
IP Address: 50.59.22.2
Record Tracking
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August 10, 2022 | 20:33
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City of Milpitas
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FRONTSETBACK25'-0"
1st FL2nd FL
W
LEGEND:
(E) ELECTRIC METER(E) GAS(E) TELEPHONE J.B.(E) WATER METER(E) SANITARY SEWERGARBAGE, ORGANIC,RECYCLE CARTPUBLIC SERVICE EASEMENTSETBACKEXISTING HYDRANTPROPOSED HYDRANT4' FENCE EGT(E) S.S. gaorre
CALGREEN 2016 MEASURESCG.4.106.2CONTRACTOR TO IMPLEMENTSTORMWATER DRAINAGE DURINGCONSTRUCTIONCG 4.106.3FINISH GRADE TO SLOPE 5%WITHIN 10' AWAY FROM FOUNDATION PROPOSED SITE PLANSCALE 1'" = 50'-0"
DRIVEWAY14'-0"
REARSETBACK40'-0"
SIDESETBACK40'-0"
SIDESETBACK40'-0"
SIDESETBACK40'-0"
EGT 27'-0"*111 GRD*111 GRD*111 GRD
*112 GRD*112 GRD*112 GRD
*111 GRD*111 GRD*111 GRD
18'-0"R28'-0"
W
20'-0"
429'-0"
110'-7"154'-1"
33'-312"
4' GATE SEE L-1
A-1
DRAWN BYSHEET SCALEAS SHOWN
owner
KM04.12.22
NEW BUILD
SHEET TITLE
PROJECT
Kris & associates design services T 510.252.1212 Email : [email protected] designer :krislani muliaKrislani MuliaKris & associates RETAIN ALLRIGHTS AND OWNERSHIP TO ALLDRAWINGS AND SPECIFICATION.THE CONTENT OF THEDRAWINGS AND SPECIFICATIONMAY NOT BE USED ON ANYOTHER PROJECTS WITHOUTTHE EXPRESSED, AND WRITTENCONSENT
COVERSHEET
PROJECT DATA 1. ALL CONSTRUCTION WORK AND ITS FINISHED PRODUCTSHALL COMPLY WITH STATE CODES, CITY ORDINANCES, 2. THE ISSUANCE OF A BUILDING PERMIT SHALL NOT BECONSTRUED AS A GUARANTEE THAT ALL CODEREQUIREMENTS ARE REFLECTED IN THE DOCUMENTS. NOGUARANTEE OF CONSTRUCTION QUALITY IS IMPLIED ORINTENDED BY THIS ARCHITECTURAL DOCUMENTS. THEGENERAL CONTRACTOR SHALL BE ULTIMATELYRESPONSIBLE FOR ANY OR ALL CONSTRUCTIONDEFICIENCIES. 3. BUILDER SET DEFINITION : THESE PLANS ARE A "BUILDERSET", IT CONTAINS INFORMATION FOR BUILDING PERMITAND GENERAL CONSTRUCTION PURPOSES ONLY. THEY ARENOT EXHAUSTIVELY DETAILED NOR ARE FULLY SPECIFIED.THIS HAVE BEEN PRODUCED FOR THE USE OF AKNOWLEDGEABLE AND EXPERIENCED CONTRACTOR, IT ISTHE RESPONSIBILITY OF THE CONTRACTOR TO VERIFY,SELECT, SOLVE, AND INSTALL ALL MATERIALS & EQUIPMENTCORRECTLY. 4. BY EXECUTING CONTRACTS, PRIOR TO COMMENCING ANYWORK OR ORDERING ANY MATERIAL, CONTRACTORREPRESENT THAT THEY HAVE :4.1. VERIFIED EXISTING JOB SITE CONDITIONS AND SURROUNDINGS, LOCATIONS OF ALL UTILITY LINES,CONDUITS, SURFACE OR SUBSURFACE STRUCTURES, ETC.AND OF ANY NATURE THAT MAY BE AFFECTED BY THEWORK AND MADE DUE ALLOWANCES FOR DIFFICULTIES.4.2. CONTRACTOR TO VERIFY ALL MEASUREMENTS SHOWNON THESE DRAWINGS WHICH SUPERCEDES SCALE OFDRAWINGS. 5. THE CONTRACTOR SHALL IMMEDIATELY NOTIFY THEARCHITECT OR OWNER OF ANY CONFLICTS,INCONSISTENCIES THEY DISCOVER WITHIN THE DRAWINGSOR EXISTING FIELD CONDITION PRIOR TO CONTINUE THEWORK IN THE AFFECTED AREA. IF THE AFFECTED AREAWORK IS CONTINUED WITHOUT ARCHITECT/ENGINEERCLARIFICATION, INSTRUCTION, THE CONTRACTOR SHALL BESOLELY RESPONSIBLE FOR ANY CHANGES, DEFECT. 6. THE CONTRACTOR SHALL HOLD HARMLESS, INDEMNIFYAND DEFEND THE ARCHITECT AND HIS/HER CONSULTANTSFROM ANY ACTION INITIATED BY THE OWNER OR ANYSUB-SEQUENT OWNERS FOR CONSTRUCTIONDEFICIENCIES, MODIFICATIONS OR SUCH CONDITIONSWHICH MAY BE BEYOND THE CONTROL OF THE ARCHITECTAND ITS ASSOCIATES CONSULTANT. 7. CONTRACTOR SHALL ACCEPT AND MAINTAIN THE EXISTINGSITE, SURROUNDING,CONDITION. AND PROTECT NEW ANDEXISTING WORK, EQUIPMENT, MATERIALS. DAMAGESCAUSED BY CONTRACTOR NEGLECTNESS, SHALL BEREPAIRED, REPLACE AS GOOD CONDITON AS BEFORE, ATTHE EXPENSE OF THE CONTRACTOR. 8. DEMOLITION SHALL BE DONE IN A SAFE, ORDERLY MANNERWITHOUT DAMAGING TO OTHER PARTS OF THE PREMISESOR ADJACENT PROPERTIES. ALL DEMOLISHED/REMOVEDITEMS SHALL BE DISPOSED OFF BY THE CONTRACTOR PERCITY OF FREMONT CONSTRUCTION & DEMOLITION WASTEMANAGEMENT ORDINANCE, AND VERIFY WITH THE OWNERON ITEMS TO BE SAVED AND STORED. ALL REMOVED ITEMSTO BE SAVED FOR REUSE SHALL BE HANDLED WITH CARE.
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SCOPE OF WORK :THIS PROJECT IS TO BUILD A NEW SINGLE FAMILYRESIDENCE 2 STORY ON A VACANT LAND CIVIL SURVEYORACCURATE LAND SOLUTIONS1271 WASHINGTON AVE #533SAN LEANDRO, CA 94577GRADING & DRAINAGEKRIS & ASSOCIATEST/F 510.252.12123484 MISSION VIEW DR.FREMONT, CA 94538PROJECT DESIGNER-CONTACT PERSONKRISLANI MULIAT/F 510.252.12123484 MISSION VIEW DR.FREMONT, CA 94538 Aim Khan Residence489 Vista Ridge, Lot 10MILPITAS , CA 950325
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A 1COVER SHEETSA 21st FLOOR PLANA 32nd FLOOR PLANA 4 ROOF PLANA 5ELEVATIONSA 6ELEVATIONSA 7 SECTIONSA 8SITE LIGHTING PLANA 9AREA CALCULATIONC 1PRELIMINARY GRADING PLANC 2PRELIM UTILITY PLANC 3STORMWATER MANAGEMENT PLAN &EROSION CONTROL PLANC4FIRE TRUCK ACCESS HAMMERHEADTURNAROUND & TURNOUT PLANT 1 TOPOGRAPHICAL SURVEY 1 02-21-22 2 APN : 042-30-008ZONING : RH-1/"H" HILLSIDE COMBINING DISTRICTOCCUPANCY GROUP: R3-UTYPE OF CONSTRUCTION : V-B SPRINKLEREDLOT AREA : 4.67 ACRESGENERAL PLAN DESIGNATION: HILLSIDE LOW DENSITY (HLD)ALLOWABLE MAIN DWELLING UNIT AREA: 10,000 S.F. MAX.ALLOWABLE IMPERVIOUS AREA:30,000 S.F. MAX.A. HABITABLE AREA1 ST FLOOR: 2,631 S.F.2 ND FLOOR: 1,593 S.F.TOTAL: 4,224 S.F.B. NON HABITABLE AREAGARAGE: 730 S.F.PORCH: 54 S.F.TOTAL: 784S.F.TOTAL: 5,008 S.F.AFES SPRINKLER REQUIRED : NFPA 13D SYSTEMHEIGHT LIMIT: 2-STORY, 27' HEIGHTPROPOSED HEIGHT: 2-STORY, 26'-11.5"PARKING:GARAGE: 3ON-STREET PARKING : 3TOTAL: 6AVG SLOPE OF LOT : 10.6%SETBACKSREQUIREDPROPOSEDFRONT 25'40'LEFT SIDE40'429'RIGHT SIDE40'111'REAR 40'154' 2019 CALIFORNIA RESIDENTIAL CODE (CRC)CALIFORNIA MECHANICAL CODE (CMC)CALIFORNIA ELECTRICAL CODE (CEC)CALIFORNIA PLUMBING CODE (CPC)GREEN BUILDING STANDARDS CODE (CALGREEN)CALIFORNIA ENERGY CODE (CENC)MILPITAS MUNICIPAL CODE (MMC). 2 04-01-22
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Kris & associates design services T 510.252.1212 Email : [email protected] designer :krislani muliaKrisODQi0XOiDKris & associates RETAIN ALLRIGHTS AND OWNERSHIP TO ALLDRAWINGS AND SPECIFICATION.THE CONTENT OF THEDRAWINGS AND SPECIFICATIONMAY NOT BE USED ON ANYOTHER PROJECTS WITHOUTTHE EXPRESSED, AND WRITTENCONSENT
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Kris & associates design services T 510.252.1212 Email : [email protected] designer :krislani muliaKrisODQi0XOiDKris & associates RETAIN ALLRIGHTS AND OWNERSHIP TO ALLDRAWINGS AND SPECIFICATION.THE CONTENT OF THEDRAWINGS AND SPECIFICATIONMAY NOT BE USED ON ANYOTHER PROJECTS WITHOUTTHE EXPRESSED, AND WRITTENCONSENT
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Kris & associates design services T 510.252.1212 Email : [email protected] designer :krislani muliaKrisODQi0XOiDKris & associates RETAIN ALLRIGHTS AND OWNERSHIP TO ALLDRAWINGS AND SPECIFICATION.THE CONTENT OF THEDRAWINGS AND SPECIFICATIONMAY NOT BE USED ON ANYOTHER PROJECTS WITHOUTTHE EXPRESSED, AND WRITTENCONSENT
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CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Approve Change Order No. 1 to the Contract with Trofholz Technologies for the Installation of Card Access Control and Monitoring Systems at Fire Stations, Increasing the Total Project Not to Exceed Amount from $104,324.42 to $143,487.12 (Staff Contact: Roger Lee, Interim Public Works Director, 408-586-2602 and Chris Schroeder, Purchasing Agent, 408-586-3161)
Category: Consent Calendar-Community Services and Sustainable Infrastructure
Meeting Date: 9/6/2022
Recommendation: (1) Approve Change Order No. 1 to the contract with Trofholz Technologies for the installation of card access control and monitoring systems at Fire Stations in the amount of $39,162.70, increasing the total project amount from $104,324.42 to $143,487.12; (2) authorize the City Manager to execute one or more additional change orders in amounts not exceeding $15,000 related to the project to increase the maximum compensation amount to not to exceed $158,487.12.
BACKGROUND:
On January 18, 2022, Council approved a contract with Trofholz Technologies for the Installation of Card Access Control and Monitoring Systems at the City’s Fire Stations. The project provides for the installation of card access control and alarm monitoring systems (ACAMS) in all fire stations in the City of Milpitas (“City”), replacing the pushbutton lock system currently being used for access.
The initial scope of work did not include the necessary wiring and controllers needed for the proper functioning of the system. Additionally, existing door hardware were not compatible with the proposed new system and required replacement to make the security system operable. In an effort to add additional components for the infrastructure of the system that are essential to the proper functioning of the card reader system, staff is bringing forward Change Order No. 1 for Council approval.
ANALYSIS:
The scope of work for the card access and monitoring system project includes the install of an electronic security access control system at Fire Stations 1, 3 and 4. Specific doors at each Fire Station were identified to be equipped with the new card readers to provide controlled access at each of the facilities.
After the award of the bid, City staff and Trofholz Technologies, Inc. staff performed a detailed walk through of the Fire Stations and determined that additional components were needed for the project due to the lack of existing infrastructure needed to support the new card reader system. Specifically, the locations of the power supply and existing door hardware at the buildings require additional components to complete the project.
These additional components include:
Von Duprin Crash Bars for emergency door opening at Fire 1 and assorted Mag Locks, Power supplies,
Sielox door controllers,
Pneumatic Exit Buttons, and
Assorted electrical hardware for all of the Fire Stations 1, 3, and 4.
Change Order No. 1 is for $39,162.70, which will result in a new contract amount of $143,487.12. No additional time is being requested as part of this change order and the project is scheduled to be completed by February 28, 2023. Authorizing the City Manager to execute one or more additional change orders in amounts not exceeding $15,000 will increase the maximum compensation to not exceed $158,487.12. 147 Item # C11.
POLICY ALTERNATIVE(S):
Alternative 1: Direct City Staff to reject the change order and proceed with Contract per the original scope of work.
Pros: Cost savings in the amount of $39,162.70 per the proposed Change Order No. 1 Cons: Without the additional components for the infrastructure of the system, the access control system will not be fully operable.
Reason for Not Recommending: The installation of the card access control and alarm monitoring systems at Fire Stations is currently underway. By not awarding Change Order No. 1, the contractor will be unable to complete the project.
FISCAL IMPACT:
There are sufficient funds available in CIP No. 3461 – Fire Station Security to fund this change order.
Funding source for CIP 3461 comes from the General Government CIP Fund. As of 08/22/2022, the balance in CIP 3461 is $95,676.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA):
The Project is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline 15301 as the work involves the minor alteration of existing public structures/facilities involving no expansion of existing or former use and will merely involve access and control to the existing buildings.
RECOMMENDATION:
1. Approve Change Order No. 1 to the Contract with Trofholz Technologies for the Installation of Card Access Control and Monitoring Systems at Fire Stations in the amount of $39,162.70, increasing the total project amount not to exceed from $104,324.42 to $143,487.12.
Authorize the City Manager to execute one or more additional change orders in amounts not exceeding $15,000 related to the project to increase the maximum c ompensation by an aggerate amount to not to exceed $158,487.12.
Attachment(s):
1. Original contract with Trofholz Technologies Inc
2. Change Order No. 1
3. Exhibit A – CUP 22-032 Change Order No. 1
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rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions C ode) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.
3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
CONTRACTOR:
Trofholz Technologies, Inc.
1014 N. Market Blvd., Suite 50
Sacramento, CA 95834
Attn: Kelly Keyser
CITY:
City of Milpitas
455 E. Calaveras Boulevard
Milpitas, California 95035
Attn: Purchasing Agent
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.17.7 Time of Essence . Time is of the essence in the performance of this Contract.
3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.
3.17.9 No Third-Party Beneficiaries. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties.
3.17.10 Laws, Venue, and Attorneys’ Fees . This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any t erm of this Agreement, the action shall be brought in a state or federal court situated in the County of Santa Clara, State of California.
3.17.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.
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