SPECIAL MEETING OF THE
MILPITAS CITY COUNCIL
December 20, 2022 Milpitas City Council Agenda Page 1
AG E N D A
TUESDAY, DECEMBER 20, 2022
CITY COUNCIL CHAMBERS, 455 E CALAVERAS BLVD, MILPITAS, CA 6:00 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:
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YouTube: https://www.milpitas.gov/youtube
Web Streaming: https://www.milpitas.gov/webstreaming
PUBLIC COMMENT INSTRUCTIONS
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_T61VWxrtRmKdHbO6_WJK7g After you register a link will be sent to you to join the City Council meeting in order to give your comments.
All Zoom meeting attendees who wish to speak must click on the “raise hand” icon when the Mayor calls for public comments. If participating via phone, dial *9 to use the “raise hand” feature, and when called to speak, dial *6 to unmute your phone. Your phone number will be displayed in the live meeting. The Mayor will call speakers by name to address the City Council.
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.
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.
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 December 20, 2022 Milpitas City Council Agenda Page 2
CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk (6:00 PM)
PLEDGE OF ALLEGIANCE
INVOCATION (Mayor Elect Montano)
AGENDA ITEMS (6:10 PM)
1. Receive Report of Municipal Election Results of November 8, 2022, and Adopt a Resolution to Certify Final Results of Candidate and Ballot Measure Election (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: (1) Receive the report of election results and voter turnout; and (2) Adopt a resolution confirming the official canvass of election returns and declaring the results of the General Municipal Election held on November 8, 2022.
2. Presentation to Outgoing Mayor and Councilmember and Remarks
3. Ceremonial Swearing-In of Newly Elected City Officials Mayor Carmen Montano
City Councilmember Garry Barbadillo
City Councilmember Hon Lien
**There will be a short break prior to the next item**
4. Elect New Vice Mayor (Contact: Mayor Carmen Montano, 408-586-3029) Recommendation: Receive recommendation from Mayor Montano of one City Councilmember to serve as Milpitas Vice Mayor for one year, and move to approve the new Vice Mayor.
PUBLIC FORUM (7:05 PM)
Members of the public are invited to speak on any item that does not appear on today’s agenda. Comments will be limited to three minutes or less at the Mayor’s discretion. When called to speak, you are encouraged to state your name for the record.
As an item not listed on the agenda, no action can be taken, however the City Council may instruct the City Manager to place the item on a future meeting agenda.
ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS READING OF THE CITY COUNCIL CODE OF CONDUCT (Mayor Montano)
APPROVAL OF AGENDA
CONSENT CALENDAR (7:35 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.
C5. Receive City Council Calendar of Meetings for December 2022 and January 2023 (Staff Contact:
Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive City Council Calendar of Meetings for December 2022 and January 2023.
C6. Approve City Council City Council Regular Meeting Minutes of December 6, 2022 (Staff Contact:
Suzanne Guzzetta, City Clerk, 408-586-3001)
2 December 20, 2022 Milpitas City Council Agenda Page 3
Recommendation: Approve City Council Regular Meeting minutes of December 6, 2022.
C7. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive the list of anticipated agenda items for the next regular City Council meeting.
C8. Receive and Review the List of Agenda Items Requested by City Councilmembers (Staff Contact: Suzanne Guzzetta, 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.
C9. 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.
C10. Approve and Authorize the City Manager to Execute an Encroachment and Maintenance Agreement with Milpitas – District 4 Owner, LLC, for the Perpetual Maintenance and Operation of Private Sidewalk Lighting Improvements within the City Right-of-Way Located at 150 Market Street (Staff Contact: Steve Erickson, Engineering Director / City Engineer, 408-586-3301; and Roberto Alonzo, Principal Civil Engineer, 408-586-3316) Recommendation: Approve and authorize the City Manager to execute an Encroachment and Maintenance Agreement with Milpitas – District 4 Owner, LLC, for the perpetual maintenance and operation of private sidewalk lighting improvements within the city right-of-way located at 150 Market Street.
C11. Adopt a Resolution Reviewing and Accepting the Annual Development Impact Fee Annual Report for the Calaveras Boulevard Widening Traffic Impact Fee, the Transit Area Specific Plan (TASP) Impact Fee, and the Storm Drain Fee for the Fiscal Year Ended June 30, 2022 (Staff Contact: Lauren Lai, Finance Director, 408-586-3111)
Recommendation: Adopt a resolution consistent with the Mitigation Fee Act to review and accept the annual development impact fee disclosure information for the Calaveras Blvd Widening Traffic Impact Fee, Transit Area Specific Plan Impact Fee and Storm Drain Fee for the Fiscal Year Ended June 30, 2022.
C12. Adopt a Resolution Authorizing the City Manager to Issue a Purchase Order in the Amount of $297,573.91 for the Purchase of Five Police Vehicles from the National Auto Fleet Group through a Cooperative Procurement Contract with Sourcewell (Staff Contact: Jared Hernandez, Police Chief, 408-586-2406; and Chris Schroeder, Purchasing Agent, 408-586-3161) Recommendation: Adopt a resolution authorizing the City Manager to issue a purchase order in the amount of $297,573.91 for the purchase of five police vehicles from the National Auto Fleet Group through a Cooperative Procurement Contract with Sourcewell and find a CEQA exemption.
C13. Adopt a Resolution Authorizing the City Manager to Execute the Five-Year Sole Source Agreement with Hadronex, Inc. Doing Business as SmartCover Systems for Alert System 3 December 20, 2022 Milpitas City Council Agenda Page 4
Services Related to the Deployment of SmartLevel Sewer Monitoring System Units for a Not-to- Exceed Amount of $209,835.85, Subject to the Annual Appropriation of Funds (Staff Contact:
Christian Di Renzo, Public Works Director, 408-586-2602) Recommendation: Adopt a resolution authorizing the City Manager to execute the five-year sole source agreement with Hadronex, Inc. doing business as SmartCovers Systems for alert system services related to the deployment of SmartLevel Sewer Monitoring System units for the not-to-exceed amount of $209,835.85, subject to the annual appropriation of funds and approval as to form by the City Attorney, and find a CEQA exemption.
C14. Accept a State of California Parks and Recreation grant in the amount of $224,543.00 for Sunnyhills Albert Augustine Jr. Memorial Park and Appropriate the Funds to CIP No. 3500 (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409) Recommendation: Accept a State of California Parks grant in the amount of $224,543.00 for Sunnyhills Albert Augustine Jr. Memorial Park and appropriate the funds to CIP No. 3500 and find all potential significant effects sufficiently analyzed by the December 14, 2021 Negative Declaration.
ANNOUNCEMENTS AND FUTURE AGENDA ITEMS (7:40 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. 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 whether to move the item forward. If a majority of the City Council agrees to move the item forward, the City Manager shall place the item on a future agenda.
ADJOURNMENT (7:45 PM)
KNOW YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE
Government’s duty is to serve the public, reaching its decisions in full view of the public. Commissions and other City agencies exist to conduct the people’s business. This ordinance assures that deliberations are conducted before the people and City operations are open to the people’s review. For more information on your rights under the Open Government Ordinance or to report a violation, contact the City Attorney’s office at Milpitas City Hall, 455 E. Calaveras Blvd., Milpitas, CA 95035 e-mail:[email protected] / Phone: 408-586-3040
The Open Government Ordinance is codified in the Milpitas Municipal Code as Title I Chapter 310 and is available online at the City’s website www.milpitas.gov by selecting the Milpitas Municipal Code link.
Materials related to an item on this agenda submitted to the City Council after initial distribution of the agenda packet are available for public inspection at the City Clerk’s office at Milpitas City Hall, 3rd floor 455 E. Calaveras Blvd., Milpitas and on City website. City Council agendas and related materials can be viewed online: www.milpitas.gov/government/council/agenda_minutes.asp (select meeting date)
APPLY TO SERVE ON A CITY COMMISSION
Commission application forms are available online at www.milpitas.gov or at Milpitas City Hall.
Contact the City Clerk’s Office at 408-586-3001 for more information.
If you need assistance, per the Americans with Disabilities Act, for any City of Milpitas public meeting, please call the City Clerk at 408-586-3001 or send an e-mail to [email protected] prior to the meeting. You may request a larger font agenda.
4 CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Receive Report of Municipal Election Results of November 8, 2022, and Adopt a Resolution to Certify Final Results of Candidate and Ballot Measure Election (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Category: Leadership and Support Services
Meeting Date: 12/20/2022
Recommendation: (1) Receive the report of election results and voter turnout; and (2) Adopt a resolution confirming the official canvass of election returns and declaring the results of the General Municipal Election held on November 8, 2022.
Background:
A general municipal election was held in the City of Milpitas on Tuesday, November 8, 2022 for the offices of Mayor and two members of the City Council, and one ballot measure. Per the County of Santa Clara’s Registrar of Voters’ Statement of Vote report dated December 8, 2022, voter turnout was 47.69 percent with 17,813 out of 37,353 total registered voters in the City of Milpitas casting their ballots on Election Day.
Final election results reveal that the candidates elected by the voters of Milpitas were Carmen Montano as Mayor, and Garry Barbadillo and Hon Lien as City Councilmembers. Ms. Montano was elected for the first time to a term of two years from a field of six candidates, with 34.45% of the votes cast. Ms. Lien was elected to a four-year term for the first time with 28.40% of the votes cast, and Mr. Barbadillo was elected to a four- year term with 20.07% of the votes cast, in a field of seven candidates.
Certified final results are included with the resolution presented for adoption at this meeting (in the agenda packet). The Santa Clara County Registrar of Voters certified the final election results on Thursday, December 8, 2022 exactly 30 days following the election, as required by California Elections Code.
Ballot Measure F, which was an ordinance to amend term limits on Mayoral and Councilmember service, was approved by Milpitas voters. The majority – over 78 percent – voted in favor of Ballot Measure F. Those who voted “Yes” for Ballot Measure F were 12,786 in total or 78.68 percent out of a total 16,251 votes cast.
The City Council is asked to confirm the Official Canvass of Returns of the November 8, 2022 Municipal Election by adopting a resolution. Certified election results submitted to the City Clerk by the Santa Clara County Registrar of Voters are attached to the resolution in the agenda packet.
Recommendation:
(1) Receive the report of election results and voter turnout; and (2) Adopt a resolution confirming the official canvass of election returns and declaring the results of the General Municipal Election held on November 8, 2022.
Attachment:
1. Resolution
2. Exhibit A – Results of Mayor and Councilmember Election
3. Exhibit B – Results of Ballot Measure Election
5 Item # 1.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS RECITING THAT A GENERAL MUNICIPAL ELECTION WAS HELD ON NOVEMBER 8, 2022 CONFIRMING THE
CANVASS OF RETURNS AND DECLARING THE RESULTS PURSUANT TO ELECTIONS CODE §§10262-10264
WHEREAS, a General Municipal Election was held and conducted in the City of Milpitas, California on Tuesday, November 8, 2022, as required by law, for the purpose of filling the Office of Mayor and two seats on the City Council, and for submitting one local ballot measure (Measure F) to Milpitas voters; and
WHEREAS, notice of the election was given in time, form and manner as provided by law, voting precincts were properly established, election officers were appointed and that in all respects the ele ction was held and conducted and the votes were cast, received and canvassed and their return made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and
WHEREAS, the Registrar of Voters of Santa Clara County has duly canvassed the votes cast and has certified to the City Council the results, which are attached as Exhibit “A.”
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Milpitas as follows:
1. That the whole number of votes/ballots for Mayor and Councilmembers cast in the precincts except vote by mail voter ballots was 1,432 as set forth in the Registrar of Voters’ Certificate of Election attached as Exhibit “A.”
2. That the whole number of vote by mail voter ballots for Mayor and Councilmembers cast in the City was 16,374, making a total of 17,806 votes/ballots cast in the City, as set forth in the Registrar of Voters’ Certificate of Election attached as Exhibit “A.”
3. That the names of the persons voted for at the election for Mayor are as follows:
Karina R. Dominguez
Franco Perez
Anthony Phan
Carmen Montano
Voltaire Soriben Montemayor
Ola Robert Hassan
That the names of the persons voted for at the election for Member of the City Council are as follows:
Dipak Awasthi
Garry Barbadillo
Michael Tsai
Isaac Stringer
Demetress Morris
Hon Lien
Juliette Gomez
6 Item # 1.
2 Resolution No.
4. At the municipal election, the total nu mber of votes cast in the City for each of the candidates including vote-by-mail, precinct and write-in votes was as follows:
Mayor
Carmen Montano 5,658
Anthony Phan 4,166
Karina R. Dominguez 4,108
Voltaire Soriben Montemayor 1,359
Ola Robert Hassan 637
Franco Perez 495
Members of the City Council
Hon Lien 7,840
Garry Barbadillo 5,540
Michael Tsai 4,472
Dipak Awasthi 4,001
Juliette Gomez 2,101
Demetress Morris 1,832
Isaac Stringer 1,521
5. Carmen Montano received the highest number of votes cast for the office of Mayor, thereby being elected to that office for a term of two years.
6. Hon Lien and Garry Barbadillo received the highest number of votes cast for the office of Member of City Council and these two persons are thereby elected to that office for a term of four years each.
7. That the whole number of votes/ballots for Measure F cast in the precincts except vote by mail voter ballots was 1,433 as set forth in the Registrar of Voters’ Certificate of Election attached as Exhibit “B.”
7. That the whole number of vote by mail voter ballots for Measure F cast in the City was 16,380, making a total of 17,813 votes/ballots cast in the City, as set forth in the Registrar of Voters’ Certificate of Election attached as Exhibit “B.”
8. That the measure voted upon at the election is as follows:
“Shall an ordinance be adopted amending the Milpitas
Municipal Code to establish, effective with the November 8, 2022 General Municipal Election, a ten consecutive
year limit on combined Mayoral and City Councilmember
service, with a six year limit on Mayoral service, followed by a two-year “cooling off” period, during which a person may not serve as Mayor or a Councilmember?”
YES
NO
9. Measure F (Term Limits) was voted upon by the registered voters of the City of Milpitas.
The total number of votes cast for and against Measure F was:
Yes 12,786
No 3,465
and, therefore, as a result of the election, a majority of the voters voting on Measure F did vote in favor of it, and that the measure was carried, and shall be deemed adopted and ratified. 7 Item # 1.
3 Resolution No.
8. The City Clerk shall enter on the records of the City Council of the City, a statement of the results of the election, showing: (1) The whole number of voters/ballots cast in the City; (2) The names of the persons voted for; (3) The measure voted upon; (4) For what office each person was voted for; (5) The number of votes given at each precinct to each person, and for and against each measure; and (6) The total number of votes given to each person, and for and against each measure.
9. The City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected.
10. The City Clerk shall certify to the passage and adoption of this resolution.
PASSED AND ADOPTED this 20th day of December 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
___________________________________ _________________________________ Suzanne Guzzetta, City Clerk Rich Tran, Mayor
APPROVED AS TO FORM:
___________________________________
Michael Mutalipassi, City Attorney
8 Item # 1.
EXHIBIT A
Mayor and Councilmember Election
Certification of Results
9 Item # 1.
10 Item # 1.
Candidate
Party
Total
NEYSA FLIGOR
9,008
40.23%
PETE DAILEY
6,786
30.31%
ANITA ENANDER
6,482
28.95%
Total Votes
22,389
Total
ROGER HEYDER
WRITE-IN
52 0.23%
Precincts Reported:
11 of
11 (100.00%)
City of Los Altos Council Member
(Vote for 2)
Candidate
Party
Total
ROB MOORE
7,294
23.09%
MARY BADAME
6,801
21.53%
ROB RENNIE
6,136
19.42%
ROB STUMP
5,753
18.21%
MARGARET SMITH
4,151
13.14%
REZA TAVANA
1,456
4.61%
Total Votes
31,591
Precincts Reported:
14 of
14 (100.00%)
Town of Los Gatos Council Member
(Vote for 3)
Candidate
Party
Total
CARMEN MONTANO
5,658
34.45%
ANTHONY PHAN
4,166
25.37%
KARINA R. DOMINGUEZ
4,108
25.01%
VOLTAIRE SORIBEN
MONTEMAYOR
1,359
8.27%
OLA ROBERT HASSAN
637
3.88%
FRANCO PEREZ
495
3.01%
Total Votes
16,423
Precincts Reported:
15 of
15 (100.00%)
City of Milpitas Mayor
(Vote for 1)
12/7/2022 12:46:44 PM
Page:
17 of
27 11
Item # 1.
Registered Voters
Voters Cast
Turnout (%)
KARINA R.
DOMINGUEZ
ANTHONY PHAN
CARMEN MONTANO
VOLTAIRE SORIBEN
MONTEMAYOR
OLA ROBERT
HASSAN
Electionwide Precinct 37353 1432 3.83 % 325 271 412 161 78 Electionwide Vote by Mail 37353 16374 43.84 % 3783 3895 5246 1198 559 Electionwide Total 37353 17806 47.67 % 4108 4166 5658 1359 637 17th Congressional District Precinct 37353 1432 3.83 % 325 271 412 161 78 17th Congressional District Vote by Mail 37353 16374 43.84 % 3783 3895 5246 1198 559 17th Congressional District Total 37353 17806 47.67 % 4108 4166 5658 1359 637 10th Senatorial District Precinct 37353 1432 3.83 % 325 271 412 161 78 10th Senatorial District Vote by Mail 37353 16374 43.84 % 3783 3895 5246 1198 559 10th Senatorial District Total 37353 17806 47.67 % 4108 4166 5658 1359 637 24th Assembly District Precinct 37353 1432 3.83 % 325 271 412 161 78 24th Assembly District Vote by Mail 37353 16374 43.84 % 3783 3895 5246 1198 559 24th Assembly District Total 37353 17806 47.67 % 4108 4166 5658 1359 637 State Board of Equalization #2 Precinct 37353 1432 3.83 % 325 271 412 161 78 State Board of Equalization #2 Vote by Mail 37353 16374 43.84 % 3783 3895 5246 1198 559 State Board of Equalization #2 Total 37353 17806 47.67 % 4108 4166 5658 1359 637 3rd Supervisorial District Precinct 37353 1432 3.83 % 325 271 412 161 78 3rd Supervisorial District Vote by Mail 37353 16374 43.84 % 3783 3895 5246 1198 559 3rd Supervisorial District Total 37353 17806 47.67 % 4108 4166 5658 1359 637 City of Milpitas Precinct 37353 1432 3.83 % 325 271 412 161 78 City of Milpitas Vote by Mail 37353 16374 43.84 % 3783 3895 5246 1198 559 City of Milpitas Total 37353 17806 47.67 % 4108 4166 5658 1359 637 Total - Precinct 37353 1432 3.83 % 325 271 412 161 78
Total - Vote by Mail 37353 16374 43.84 % 3783 3895 5246 1198 559 Contest Total 37353 17806 47.67 % 4108 4166 5658 1359 637 Santa Clara
Santa Clara 2022 General
1 City of Milpitas Mayor
FRANCO PEREZ
58 437
495
58 437
495
58 437
495
58 437
495
58 437
495
58 437
495
58 437
495
58 437
495
Printed: Tuesday, December 6, 2022 5:59 PM Data Refreshed: Tuesday, December 6, 2022 5:58 PM Page 78 of 123 12 Item # 1.
Candidate
Party
Total
HON LIEN
7,840
28.40%
GARRY BARBADILLO
5,540
20.07%
MICHAEL TSAI
4,772
17.29%
DIPAK AWASTHI
4,001
14.49%
JULIETTE GOMEZ
2,101
7.61%
DEMETRESS MORRIS
1,832
6.64%
ISAAC STRINGER
1,521
5.51%
Total Votes
27,607
Precincts Reported:
15 of
15 (100.00%)
City of Milpitas Council Member
(Vote for 2)
Candidate
Party
Total
MARK TURNER
6,672
42.78%
RICH CONSTANTINE
5,132
32.91%
LARRY CARR
3,792
24.31%
Total Votes
15,596
Precincts Reported:
20 of
20 (100.00%)
City of Morgan Hill Mayor
(Vote for 1)
Candidate
Party
Total
YVONNE MARTÍNEZ
BELTRÁN
2,222
60.48%
BRYAN SUTHERLAND
1,452
39.52%
Total Votes
3,674
Precincts Reported:
7 of
7 (100.00%)
City of Morgan Hill, District B Council Member
(Vote for 1)
Candidate
Party
Total
MARILYN LIBRERS
2,411
56.45%
JOHN K. MCKAY
1,860
43.55%
Total Votes
4,271
Precincts Reported:
4 of
4 (100.00%)
City of Morgan Hill, District D Council Member
(Vote for 1)
12/7/2022 12:46:44 PM
Page:
18 of
27 13
Item # 1.
Registered
Voters
Voters Cast
Turnout (%)
DIPAK
AWASTHI
MICHAEL
TSAI
ISAAC
STRINGER
DEMETRES
S MORRIS
HON LIEN
JULIETTE
GOMEZ
Electionwide Precinct 37353 1432 3.83 % 408 306 172 175 483 184 Electionwide Vote by Mail 37353 16374 43.84 % 3593 4466 1349 1657 7357 1917 Electionwide Total 37353 17806 47.67 % 4001 4772 1521 1832 7840 2101 17th Congressional District Precinct 37353 1432 3.83 % 408 306 172 175 483 184 17th Congressional District Vote by Mail 37353 16374 43.84 % 3593 4466 1349 1657 7357 1917 17th Congressional District Total 37353 17806 47.67 % 4001 4772 1521 1832 7840 2101 10th Senatorial District Precinct 37353 1432 3.83 % 408 306 172 175 483 184 10th Senatorial District Vote by Mail 37353 16374 43.84 % 3593 4466 1349 1657 7357 1917 10th Senatorial District Total 37353 17806 47.67 % 4001 4772 1521 1832 7840 2101 24th Assembly District Precinct 37353 1432 3.83 % 408 306 172 175 483 184 24th Assembly District Vote by Mail 37353 16374 43.84 % 3593 4466 1349 1657 7357 1917 24th Assembly District Total 37353 17806 47.67 % 4001 4772 1521 1832 7840 2101 State Board of Equalization #2 Precinct 37353 1432 3.83 % 408 306 172 175 483 184 State Board of Equalization #2 Vote by Mail 37353 16374 43.84 % 3593 4466 1349 1657 7357 1917 State Board of Equalization #2 Total 37353 17806 47.67 % 4001 4772 1521 1832 7840 2101 3rd Supervisorial District Precinct 37353 1432 3.83 % 408 306 172 175 483 184 3rd Supervisorial District Vote by Mail 37353 16374 43.84 % 3593 4466 1349 1657 7357 1917 3rd Supervisorial District Total 37353 17806 47.67 % 4001 4772 1521 1832 7840 2101 City of Milpitas Precinct 37353 1432 3.83 % 408 306 172 175 483 184 City of Milpitas Vote by Mail 37353 16374 43.84 % 3593 4466 1349 1657 7357 1917 City of Milpitas Total 37353 17806 47.67 % 4001 4772 1521 1832 7840 2101 Total - Precinct 37353 1432 3.83 % 408 306 172 175 483 184 Total - Vote by Mail 37353 16374 43.84 % 3593 4466 1349 1657 7357 1917 Contest Total 37353 17806 47.67 % 4001 4772 1521 1832 7840 2101 Santa Clara
Santa Clara 2022 General
1 City of Milpitas Council Member
GARRY
BARBADILL
O
486
5054
5540
486
5054
5540
486
5054
5540
486
5054
5540
486
5054
5540
486
5054
5540
486
5054
5540
486
5054
5540
Printed: Tuesday, December 6, 2022 5:59 PM Data Refreshed: Tuesday, December 6, 2022 5:58 PM Page 79 of 123 14 Item # 1.
EXHIBIT B
Measure F Election
Certification of Results
15 Item # 1.
16 Item # 1.
Candidate
Party
Total
Yes
10,357
76.72%
No
3,142
23.28%
Total Votes
13,499
Precincts Reported:
17 of
17 (100.00%)
Measure C - City of Saratoga, Term Limit Ordinance
(Vote for 1)
Candidate
Party
Total
Yes
9,885
72.00%
No
3,845
28.00%
Total Votes
13,730
Precincts Reported:
15 of
15 (100.00%)
Measure D - City of Gilroy, Charter Amendment
(Vote for 1)
Candidate
Party
Total
Bonds - No
22 62.86%
Bonds - Yes
13 37.14%
Total Votes
35 Precincts Reported:
2 of
2 (100.00%)
Measure E - Patterson Joint Unified School District, School Bonds
(Vote for 1)
Candidate
Party
Total
Yes
12,786
78.68%
No
3,465
21.32%
Total Votes
16,251
Precincts Reported:
15 of
15 (100.00%)
Measure F - City of Milpitas, Term Limit Ordinance
(Vote for 1)
Candidate
Party
Total
Yes
24,643
84.19%
No
4,629
15.81%
Total Votes
29,272
Precincts Reported:
36 of
36 (100.00%)
Measure G - City of Santa Clara, No Tax Increase/Services Protection
(Vote for
1)
12/7/2022 12:46:44 PM
Page:
24 of
27 17
Item # 1.
Registered
Voters
Voters Cast
Turnout (%)
Yes
Electionwide Precinct 37353 1433 3.84 % 1001
Electionwide Vote by Mail 37353 16380 43.85 % 11785
Electionwide Total 37353 17813 47.69 % 12786
17th Congressional District Precinct 37353 1433 3.84 % 1001 17th Congressional District Vote by Mail 37353 16380 43.85 % 11785 17th Congressional District Total 37353 17813 47.69 % 12786 10th Senatorial District Precinct 37353 1433 3.84 % 1001 10th Senatorial District Vote by Mail 37353 16380 43.85 % 11785 10th Senatorial District Total 37353 17813 47.69 % 12786 24th Assembly District Precinct 37353 1433 3.84 % 1001
24th Assembly District Vote by Mail 37353 16380 43.85 % 11785 24th Assembly District Total 37353 17813 47.69 % 12786
State Board of Equalization #2 Precinct 37353 1433 3.84 % 1001 State Board of Equalization #2 Vote by Mail 37353 16380 43.85 % 11785 State Board of Equalization #2 Total 37353 17813 47.69 % 12786 3rd Supervisorial District Precinct 37353 1433 3.84 % 1001 3rd Supervisorial District Vote by Mail 37353 16380 43.85 % 11785 3rd Supervisorial District Total 37353 17813 47.69 % 12786 City of Milpitas Precinct 37353 1433 3.84 % 1001
City of Milpitas Vote by Mail 37353 16380 43.85 % 11785 City of Milpitas Total 37353 17813 47.69 % 12786
Total - Precinct 37353 1433 3.84 % 1001
Total - Vote by Mail 37353 16380 43.85 % 11785
Contest Total 37353 17813 47.69 % 12786
Santa Clara
Santa Clara 2022 General
1 Measure F - City of Milpitas, Term
Limit Ordinance
No
315
3150
3465
315
3150
3465
315
3150
3465
315
3150
3465
315
3150
3465
315
3150
3465
315
3150
3465
315
3150
3465
Printed: Tuesday, December 6, 2022 5:59 PM Data Refreshed: Tuesday, December 6, 2022 5:58 PM Page 110 of 123 18 Item # 1.
Milpitas City Council Calendar
December 2022
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 5:30 PM-Milpitas Chamber of
Commerce Board (EC)
4:00 PM-Santa Clara VTA
Special Board of Directors (CM)
5:30 PM-Santa Clara VTA Board
of Directors (CM)
7:00 PM-Tree Lighting Event
2 3
4 5
7:00 PM-Parks, Recreation &
Cultural Resources Commission
(CM)
6 7:00 PM-City Council
7 5:30 PM-Veterans Commission
(RT)
7:00 PM-Community Advisory
Commission (EC)
7:00 PM-CEDAW Task Force,
Room 7/8 Community Center (KD)
8 4:00 PM-Treatment Plant Advisory
Committee (CM)
4:00 PM-Santa Clara VTA Policy
Advisory Committee (AP)
7:00 PM-Youth Advisory
Commission (EC)
9 10
11 12
13 4:00 PM-HOPE Task Force
Meeting
14 4:30 PM-Transportation
Subcommittee (RT/CM)
7:00 PM-Silicon Valley Clean
Energy Board of Directors (EC)
(Cupertino)
7:00 PM-Planning Commission
15 10:00 AM-VTA Congestion Mgmt
Program Planning Comm (CM)
5:30 PM-Measure F Oversight
Committee
16 17
18 19
7:00 PM-Science, Technology,
and Innovation Commission (RT)
20 6:00 PM-City Council Special
Meeting – Swearing In Ceremony
7:00 PM-City Council
21 6:00 PM-Energy and
Environmental Sustainability
Commission (EC)
22 23
CITY Observed Holiday
24 25
26 CITY Observed
Holiday
27 28
29 30
31 November 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
January 2023
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
City Hall and City Facilities Closed (Fire and Police are not affected) 19 Item # 5.
Milpitas City Council Calendar
January 2023
Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2
CITY OBSERVED
HOLIDAY
CITY OFFICES CLOSED
3 4
7:00 PM-Community Advisory
Commission (EC)
5 5:30 PM-Milpitas Chamber of
Commerce Board (EC)
6 7
8 9
4:30 PM-Economic
Development and Trade
Commission (KD)
7:00 PM-Parks, Recreation &
Cultural Resources
Commission (CM)
10 4:00 PM-HOPE Suicide Prevention
Task Force
5:30 PM-Special City Council
11 Tent: 2:00 PM-Santa Clara VTA
Monthly Briefing - Northeast Group
(CM) (Santa Clara)
7:00 PM-Planning Commission
7:00 PM-Silicon Valley Clean Energy
Board of Directors (Cupertino)
12 4:00 PM-Santa Clara VTA Policy
Advisory Committee
4:00 PM-Treatment Plant Advisory
Committee (San Jose)
5:30 PM-Santa Clara VTA Board of
Directors
7:00 PM-Cities Assoc of SCC
7:00 PM-Youth Advisory Commission
13 *4:30 PM -City Council
Finance Subcommittee
14 6:00 PM-Lunar New
Year Celebration
15 16
MARTIN LUTHER KING
JR. BIRTHDAY
CITY OFFICES CLOSED
17 6:00 PM-Closed Session
7:00 PM-City Council
18 6:00 PM-Energy and Environmental
Sustainability Commission
19 4:00 PM-VTA Policy Advisory
Committee
6:30 PM-Bay Area Water Supply
Conserv Agency (Burlingame Comm.
Center – Sequoia Room)
7:00 PM-Public Safety and
Emergency Preparedness Commission
20 21
22 23
7:00 PM-Arts Commission
7:00 PM-Library and
Education Commission (EC)
(Milpitas Public Library)
24 25
7:00 PM-Planning Commission
26 9:00 AM-City Council Retreat
(location tbd)
4:00 PM-Silicon Valley Regional
Interoperability Authority (SVRIA)
27 28
29 30
31 5:30 PM-City Council FY2023-24
Budget Study Session (Senior Center)
*Finance Subcommittee will only meet as needed
December 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
February 2023
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
20 Item # 5.
JOINT MEETING OF THE
MILPITAS CITY COUNCIL, HOUSING
AUTHORITY, AND SUCCESSOR AGENCY
December 6, 2022 Milpitas City Council Minutes Page 1
M I NU TE S
TUESDAY, DECEMBER 6, 2022
CITY COUNCIL CHAMBERS, 455 E CALAVERAS BLVD, MILPITAS, CA
The City Council of the City of Milpitas convened on the regular City Council meeting day in a Joint Meeting of the Milpitas City Council, Housing Authority, and Successor Agency on December 6, 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 City Clerk Mayor Tran called the Regular City Council meeting to order at 7:22 PM. Roll Call was taken by City Clerk Guzzetta.
PRESENT: Mayor Tran, Vice Mayor Montano, Councilmembers Chua, Dominguez, and Phan ABSENT: None
PLEDGE OF ALLEGIANCE
Mayor Tran invited Voltaire Montemayor to lead the Pledge of Allegiance.
INVOCATION
There was no invocation.
PUBLIC FORUM
The following people spoke under Public Forum:
1. Voltaire Montemayor
2. Renuka Marichannappa
3. Jackie Romero
Mayor Tran called a recess at 7:31 PM and the City Council reconvened at 7:50 PM
ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
Mayor Tran offered thanks to City staff that contributed to the Annual Christmas Tree lighting ceremony.
Councilmember Chua made the following requests:
1. Requested staff look into the impact of and how the City can compensate for the massive number of layoffs in the Bay Area. Requested staff consider how the City can help residents affected by layoffs, reach out to those affected and show them our programs.
2. Dedicate the council meeting to Parks, Recreation, and Cultural Resources Commissioner Voltaire Montemayor in recognition of his December 10th birthday.
Mayor Tran requested Councilmember Chua’s first item be directed to the Economic Development and Trade Commission before being sent to City Council. Councilmember Chua accepted. 21 Item # 6.
December 6, 2022 Milpitas City Council Minutes Page 2
Councilmember Chua asked to have a review of the current lottery process for low income housing and to look into how it can be improved.
ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS City Attorney Mutalipassi asked the Mayor and City Councilmembers if they had any personal conflicts of interest. By roll call, there were no conflicts of interest. City Attorney Mutalipassi asked the Mayor and City Councilmembers if they had any reportable campaign contributions. By roll call, there were no reportable campaign contributions.
READING OF THE CITY COUNCIL CODE OF CONDUCT
Mayor Tran read the Code of Conduct.
APPROVAL OF AGENDA
Motion: to approve the December 6, 2022 Regular Meeting Agenda, postponing Item 18 to January 10, 2023
Motion/Second: Mayor Tran / Councilmember Chua
Motion carried by the following:
AYES: Councilmembers Chua, Dominguez, Phan, Mayor Tran NOES: None
ABSENT: Vice Mayor Montano
CONSENT CALENDAR
Motion: to approve the consent calendar.
Motion/Second: Mayor Tran / Councilmember Chua
Motion carried by the following:
AYES: Councilmembers Chua, Dominguez, Phan, Mayor Tran NOES: None
ABSENT: Vice Mayor Montano
C1. Receive City Council Calendar of Meetings for December 2022 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Received City Council Calendar of Meetings for December 2022.
C2. Approve City Council Regular Meeting Minutes of November 15, 2022 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Approved City Council Regular Meeting minutes of November 15, 2022.
C3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Received the list of anticipated agenda items for the next regular City Council meeting.
C4. Receive and Review the List of Agenda Items Requested by City Councilmembers (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Reviewed the list of items that have been requested by City Councilmembers and provide direction to staff as necessary.
22 Item # 6.
December 6, 2022 Milpitas City Council Minutes Page 3
C5. Consider the Recommendation from Mayor Tran for Appointments to City Commissions and Declare an Unscheduled Vacancy (Contact: Mayor Tran, 408-586-3029) Received the recommendation from Mayor Tran and approved the following appointments to City Commissions; and declared an unscheduled vacancy on the Economic Development and Trade Commission and directed the City Clerk to post the notice of unscheduled vacancy. Appointments were as follows:
Arts Commission:
1. Appoint Helen Qiu as Alternate No. 2 with a term ending October 2025.
Community Advisory Commission:
1. Promote Monica Rodriguez to a full voting seat with an unexpired term ending January 2024.
2. Promote Kavita Sreedhar to Alternate No. 1 with an unexpired term ending January 2024.
3. Appoint Jose Geronimo as Alternate No. 2 with a term ending January 2026.
Energy and Environmental Sustainability Commission:
1. Reappoint Jeff Hogg to a term ending October 2025.
2. Reappoint Charles Lingle to a term ending October 2025.
3. Promote Felix Mbuga to a full voting seat with a term ending October 2025.
4. Promote Carmelo Coronel to Alternate No. 1 with a term ending October 2025.
5. Appoint Frank Bush as Alternate No. 2 with an unexpired term ending October 2024.
Library and Education Advisory Commission:
1. Promote Ann Anderson to a full voting seat with an unexpired term ending June 2023.
2. Appoint Trijohn Minh Tran as Alternate No. 2 with an unexpired term ending June 2024.
Parks, Recreation, and Cultural Resources Commission:
1. Appoint Yesenia Illescas to a term ending June 2025.
Planning Commission:
1. Reappoint Mercedes Albana to a term ending December 2025.
2. Reappoint Sonia Medina-Ashby to a term ending December 2025.
Senior Advisory Commission:
1. Reappoint Jenny Berryhill to a term ending December 2025.
2. Reappoint Willy Wong to a term ending December 2025.
3. Promote Nona Tolentino to a full voting seat with a term ending December 2025.
4. Promote Barbara Jo Navarro to Alternate No. 1 with an unexpired term ending December 2023.
5. Appoint Ha Phan as Alternate No. 2 with an unexpired term ending December 2024.
C6. 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)
Reconfirmed findings and determinations under Resolution No. 9165 and Assembly Bill 361 for the continuation of virtual meetings of the City Council and Legislative Bodies.
C7. Authorize City Manager’s Response Letter to the October 7, 2022 Santa Clara County Civil Grand Jury Final Report “If You Only Read the Ballot, You’re Being Duped” (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3053; and Michael Mutalipassi, City Attorney 408-586-3040)
Authorized the City Manager to send a letter in response to the October 7, 2022 Santa Clara County Civil Grand Jury Final Report “If You Only Read the Ballot, You’re Being Duped” pursuant to Penal Code section 933.
23 Item # 6.
December 6, 2022 Milpitas City Council Minutes Page 4
C8. Receive an Update on the American Rescue Plan Act and Provide Direction to Staff (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3053; and Lauren Lai, Director of Finance, 408-586-3111)
Received an update on the American Rescue Plan Act (ARPA) programs and provide direction to staff.
C9. Accept the City’s Annual Comprehensive Financial Report and Other Related Annual Audited Reports for the Fiscal Year Ended June 30, 2022 (Staff Contact: Lauren Lai, Finance Director, 408-586-3111)
Accepted the City’s Annual Comprehensive Financial Report (ACFR) and other related annual audited reports for the Fiscal Year ended June 30, 2022 and find a CEQA exemption.
C10. Authorize the City Manager to Execute a Master Encroachment Agreement for Bandwidth IG, LLC, a Delaware Limited Liability Company for Installation of Network Facilities Within Public Right-of-Way (Staff Contact: Steve Erickson, Engineering Director / City Engineer, 408-586-3301; and Roberto Alonzo, Principal Civil Engineer, 408-586-3316) Authorized the City Manager to execute a master encroachment agreement for Bandwidth IG, LLC, a Delaware Limited Liability Company for installation of network facilities within public right-of-way and find a CEQA exemption.
C11. Adopt a Resolution Authorizing the City Manager to Execute the Purchase of Two 2023 Ford Super Duty F-250 SRW (W2B) XLT 4WD Crew Cabs for the Fire Department from Through a Sourcewell Cooperative Contract with National Auto Fleet Group in the Amount of $154,270.06 (Staff Contact: Brian Stelling, Interim Fire Chief, 408-586-2827) Adopted Resolution No. 9202 authorizing the City Manager to execute the purchase of two 2023 Ford Super Duty F-250 SRW (W2B) XLT 4WD Crew Cabs for the Fire Department through a Sourcewell Cooperative Contract with National Auto Fleet Group in the amount of $154,270.06 and find a CEQA exemption.
C12. Housing Authority/Successor Agency: Sale of the residential unit located at 600 S. Abel Street Unit #208 (Staff Contact: Alex Andrade, Economic Development Director, 408-586-3046 and Michelle Silva, Administrative Analyst II, 408-586-3244) Adopted Resolution No. 9203 / HA32 / SA15 authorizing the Executive Director of the Milpitas Housing Authority to execute documents for the sale of the residential property located at 600 S. Abel Street Unit #208 in the amount of $314,973.00; and approved related budget amendments due to the sale of the property located at 600 S. Abel Street Unit #208 in the amount of $314,973.00.
C13. Adopt a Resolution Appointing Roger Lee as Interim Public Works Director (Liz Brown, Interim Human Resources Director, 408-586-3086)
Adopted Resolution No. 9204 appointing Roger Lee as Interim Public Works Director in accordance with California Government Code Sections 7522.56 and 21221(h) and approve, and authorize the City Manager to execute, an employment agreement with Roger Lee.
C14. Waive the Second Reading and Adopt Ordinance No. 38.849 Amending the Zoning Map of the City of Milpitas in Accordance with the Provisions of Section 3.03 of Chapter 10 of Title XI of the Milpitas Municipal Code to Change the Zoning Classification of Certain Parcels (APNs 086-38- 021, -022, and -037), Located on the East Side of South Hillview Drive and Extending Approximately 1,200 Feet Southerly From Los Coches Street, From the M2 Heavy Industrial 24 Item # 6.
December 6, 2022 Milpitas City Council Minutes Page 5
Zoning District to the M1 Light Industrial Zoning District (Staff Contact: Ned Thomas, Planning Director, 408-586-3273)
Waived the second reading and adopted Ordinance 38.849 amending the Zoning map of the City of Milpitas in accordance with the provisions of Section 3.03 of Chapter 10 of Title XI (Zoning Ordinance) of the Milpitas Municipal Code to change the Zoning Classification of Certain Parcels (APNs 086-38- 021, -022, and –037), located on the east side of South Hillview Drive and extending approximately 1200 feet southerly from Los Coches Street, from the M2 Heavy Industrial Zoning District to the M1 Light Industrial Zoning District.
C15. Waive the Second Reading and Adopt Ordinance No. 38.850 Amending Section 13 “Special Uses” of Chapter 10 “Zoning” of Title XI of the Milpitas Municipal Code Relating to Outdoor Dining (Staff Contact: Ned Thomas, Planning Director, 408-586-3273) Waived the second reading and adopted Ordinance No. 38.850, amending Section 13 “Special Uses” of Chapter 10 “Zoning” of Title XI of the Milpitas Municipal Code and adding a new Subsection 13.19 Relating to Outdoor Dining and find a CEQA exemption under sections 15183 and 15061(b)(3).
C16. Report on Bids and Award Construction Contract to G&G Builders Inc. in the Amount of $872,029.00 for Rehabilitation of Up to Eleven City Parks Project (Staff Contact: Roger Lee, Interim Public Works Director, 408-586-2602)
Received report on bids and award a construction contract to the lowest responsible and responsive bidder, G&G Builders Inc., in the amount of $872,059.00 for the Rehabilitation of Up to Eleven City Parks project; and authorized the City Manager to negotiate and execute contract change order(s) in an aggregate amount not to exceed $468,514.00 subject to appropriation of funds and find a CEQA exemption as modifications to existing facilities.
PUBLIC HEARINGS
17. Conduct a Public Hearing and Adopt Ordinance No. 65.152 for Adoption by Reference the 2022 California Building Codes and Amendments (Staff Contact: Bill Tott, Building Official, 408-586- 3263)
Building Official Tott presented the report.
Mayor Tran opened the public hearing
There were the following speakers:
1. Voltaire Montemayor
2. Jared Johnson
3. Bruce Naegel
4. Alex Wagonfeld
5. Linda Hutchins-Knowles
Mayor Tran closed the public hearing.
City Attorney Mutalipassi read the title of the ordinance.
After discussion, motion: to waive the second reading and adopt Ordinance No. 65.152 amending Chapters 3, 3.5, 4, 5, 6, 7, 10,14,150, and 170 of Title II of the Milpitas Municipal Code adopting by reference the 2022 California Building Code, 2022 California Residential Code, 2021 International Property Maintenance Code, 2022 California Mechanical Code, 2022 California Electrical Code, 2022 25 Item # 6.
December 6, 2022 Milpitas City Council Minutes Page 6
California Plumbing Code, 2021 International Swimming Pool and Spa Code, 2022 California Existing Building Code, and 2022 California Historical Building Code, with amendments
Motion/Second: Mayor Tran / Councilmember Chua
Motion carried by the following:
AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
18. Conduct a Public Hearing and Adopt Ordinance No. 65.153 Adopting by Reference the 2022 California Energy Code; and Adopt Ordinance No. 65.154 Adopting by Reference the 2022 California Green Building Standards Code with Amendments (Staff Contact: Bill Tott, Building Official, 408-586-3263)
Postponed to the first regular meeting in January 2023.
19. Conduct a Public Hearing, Waive the Second Reading and Adopt Ordinance No. 133.26, Adopting by Reference with Certain Local Amendments the 2022 Edition of the California Fire Code (Staff Contact: Arthur Belton, Deputy Fire Chief/Fire Marshal, 408-586-3384) Deputy Fire Chief / Fire Marshal Belton presented the report.
Mayor Tran opened the public hearing
There were the following speakers:
1. Voltaire Montemayor
Mayor Tran closed the public hearing.
City Attorney Mutalipassi read the title of the ordinance.
After discussion, motion: to waive the second reading and adopt Ordinance No. 113.26 adopting by reference with certain local amendments the 2022 edition of the California Fire Code, enacted as Chapter 300, Title V of the Milpitas Municipal Code.
Motion/Second: Mayor Tran / Councilmember Chua
Motion carried by the following:
AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
Items 20 & 21 were heard jointly.
20. Conduct a Public Hearing and Consider Adopting an Urgency Ordinance Amending Section 13 “Special Uses” of Chapter 10 “Zoning” of Title XI of the Milpitas Municipal Code Relating to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) (Staff Contact:
Ned Thomas, Planning Director, 408-586-3273)
Planning Director Thomas presented the report. Senior Planner Fossati and Consultant Holly Pearson were available to respond to questions from the Council.
Mayor Tran opened the public hearing
There were the following speakers:
1. Voltaire Montemayor
26 Item # 6.
December 6, 2022 Milpitas City Council Minutes Page 7
Mayor Tran closed the public hearing.
Vice Mayor Montano asked for clarification on heights within a half mile of the transportation area and voiced concerns with the new State-mandated height allowances.
After discussion, motion: to adopt Urgency Ordinance No. 38.851 amending Section 13 “Special Uses” of Chapter 10 “Zoning” of Title XI of the Milpitas Municipal Code to comply with Government Code Section(s) 65852.2, 65852.22, 65852.23 and Section 17980.12 of the Health and Safety Code and making findings that the proposed zoning ordinance amendment is statutorily exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code section 21080.17, which exempts from CEQA any ordinance that is adopted to implement Government Code Section 65852.1 or 65852.2.
Motion/Second: Mayor Tran / Councilmember Chua
Motion carried by the following:
AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
21. Conduct a Public Hearing and Introduce an Ordinance Amending Section 13 “Special Uses” of Chapter 10 “Zoning” of Title XI of the Milpitas Municipal Code Relating to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) (Staff Contact: Ned Thomas, Planning Director, 408-586-3273)
City Attorney Mutalipassi read the title of the ordinance.
After discussion, motion: to waive the first reading beyond the title and introduce Ordinance No.
38.852 amending Section 13 “Special Uses” of Chapter 10 “Zoning” of Title XI of the Milpitas Municipal Code relating to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) and making findings of CEQA exemption.
Motion/Second: Mayor Tran / Councilmember Chua
Motion carried by the following:
AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
COMMUNITY SERVICES AND SUSTAINABLE INFRASTRUCTURE
22. Receive Staff Report on Draft Water Rates Study, Direct Staff to Proceed with Community Engagement on Proposed Rates, Including Identifying a Date for the Public Hearing and Mailing a Notice of the Public Hearing for the Proposed Water Rates (Staff Contact: Roger Lee, Interim Public Works Director, 408-586-2602; and Lauren Lai, Finance Director, 408-586-3111) Interim Public Works Director Lee presented the report.
Mayor Tran asked staff to engage more with business customers and ensure the City hears from small businesses and shopping centers.
Councilmember Dominguez voiced opposition to exploring rate increases and asked to simplify the process potentially through an online form that residents could submit their information and staff certification verify the address. She asked to ensure outreach is offered in the languages spoken by Milpitas residents.
There were the following speakers:
27 Item # 6.
December 6, 2022 Milpitas City Council Minutes Page 8
1. Voltaire Montemayor
Mayor Tran confirmed staff’s recommendation to conduct the public hearing on March 7, 2023.
23. Receive Staff Report on Draft Sewer Rates Study, Direct Staff to Proceed with Community Engagement on Proposed Rates, Including Identifying a Date for the Public Hearing and Mailing a Notice of the Public Hearing for the Proposed Sewer Rates (Staff Contact: Roger Lee, Interim Public Works Director, 408-586-2602; and Lauren Lai, Director of Finance, 408-586-3111) Received staff report on Draft Sewer Rates Study directed staff to proceed with community engagement on proposed rates, including identifying a date for the public hearing and mailing a notice of the public hearing not less than 45 days prior to the hearing and find a CEQA exemption.
Interim Public Works Director Lee presented the report.
Mayor Tran noted that there needs to be a larger discussion regarding subsidizing mobile home parks and the importance of community engagement.
There were the following speakers:
1. Voltaire Montemayor
Councilmember Dominguez mentioned the importance of making sure there is opportunity for the community to have access in different languages, and to include information on the protest process on the website and in the newsletter.
Mayor Tran confirmed staff’s recommendation to conduct the public hearing on March 7, 2023
LEADERSHIP AND SUPPORT SERVICES
24. Adopt a Resolution Appointing Brian Stelling as Interim Fire Chief (Staff Contact: Liz Brown, Interim Human Resources Director, 408-586-3086)
Interim Human Resources Director Brown presented the report.
There were the following speakers:
1. Voltaire Montemayor
After discussion, motion: to adopt Resolution No. 9205 appointing Brian Stelling as Interim Fire Chief in accordance with California Government Code Sections 7522.56 and 21221(h) and authorize the City Manager to execute an employment agreement with Brian Stelling.
Motion/Second: Tran / Chua
Motion carried by the following:
AYES: Councilmembers Chua, Dominguez, Phan, Vice Mayor Montano, Mayor Tran NOES: None
ADJOURNMENT
Mayor Tran adjourned the meeting at: 9:34 PM in honor of the birthday of Parks, Recreation and Cultural Resources Commissioner Voltaire Montemayor.
Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta
28 Item # 6.
TENTATIVE CITY COUNCIL AGENDA ITEM LIST
as of 12/13/2022
January 10, 2023 – Special Meeting
CLOSED SESSION
INVOCATION (TBD)
PRESENTATION
CONSENT CALENDAR
1. Receive City Council calendar for January 2023 (City Clerk)
2. Approve City Council Meeting minutes of December 20, 2022 (City Clerk)
3. Preview list of items for January 17, 2023 (City Clerk)
4. Councilmember Request List (City Clerk)
PUBLIC HEARING
COMMUNITY DEVELOPMENT
COMMUNITY SERVICES
PUBLIC SAFETY
LEADERSHIP
5. Approve the Prioritization of Additional Workplan Items City Council Policy (City Manager)
REPORTS
6. Council Appointments to Various Internal/External Commissions & Committees (Mayor)
29 Item # 7.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
1 Look into the impact of and how the City can
compensate for the massive number of layoffs in
the Bay Area. Staff consider how the City can help
residents affected by layoffs, reach out to those
affected and show them city programs. Chua 12/6/2022
Referred to Economic Development and
Trade Commission
2 Food pantry Tran 11/15/2022
3 Investigate labor policies related to Councilmember
paternity/maternity leave, clarify if Councilmembers
are employees and email to City Council prior to the
next City Council meeting. Dominguez 10/18/2022 Memo sent by City Attorney on 10/27 4 Review the City Council handbook to ensure that
Councilmembers are guaranteed paternity/maternity
leave and not made to give up their seat due to
missing consecutive meetings. Dominguez 10/18/2022 Memo sent by City Attorney on 10/27 5 Staff explore eliminating or waiving the fee for the
gym at the Milpitas Senior Center Chua 10/18/2022
Staff will evaluate this item consistent with
the Recreation and Community Service Cost
Recovery City Council Policy and bring it
back to Council for consideration as part of
approval of the FY 2023-24 Proposed Master
Fee Schedule.
6 City Attorney or City Manager draft a written policy
regarding foreign language spoken at the dais Chua 9/20/2022 Item will be brought forward as part of the
next City Council additional workplan items
prioritization in December/January
7 City Manager to look into defining either a
standalone teen center or updating information to
indicate the Senior Center also functions as a Teen
Center Chua 9/20/2022
Item will be brought forward as part of the
next City Council additional workplan items
prioritization in December/January
8 Staff look into construction in the Sunnyhills area Dominguez 9/20/2022 Staff is following up on this request and will
send a status update to Council
9 Schedule an additional ADU workshop Chua 9/6/2022 Staff is evaluating this request 10 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
11 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
12 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
13 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
OPEN ITEMS
NOTE: Deferred and Completed Items are not listed30
Item # 8.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
14 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
15 Quarterly or Monthly crime statistics on Homekey
Project Chua 6/7/2022
PD will present quarterly reports starting on
November 15, 2022.
16 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.
17 Request for Crossing Guards at McCandless and
Montague Expressway and review wages for
Crossing Guards Montano 4/5/2022
Staff is in the middle of a citywide traffic
study, which includes school aged pedestrian
counts around schools in the City including
the McCandless and Montague Expressway
intersection.
18 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:
19 Establish a SPAR fund modelled after the City of
Mountain View - sets asides moneys for
opportunities to buy real estate Montano 6/7/2022
Discussed at Spring Quarterly City Council
Workplan Items Prioritization Discussion;
Approved to move forward during Summer
Quarterly City Council Workplan Items
Prioritization Discussion on 9/06/2022
20 Memorial Plaque in honor of youth skateboarder
that passed away Montano 6/7/2022
Discussed at Spring Quarterly City Council
Workplan Items Prioritization Discussion;
Approved to move forward during Summer
Quarterly City Council Workplan Items
Prioritization Discussion on 9/06/2022
21 Prepare Vision Zero Action Plan Tran 6/7/2022
Discussed at Spring Quarterly City Council
Workplan Items Prioritization Discussion;
Approved to move forward during Summer
Quarterly City Council Workplan Items
Prioritization Discussion on 9/06/2022; Item
will be brought forward for funding for Council
consideration as part of the FY 2023-24
budget process.
22 Explore the policy for locking mechanisms on
shopping carts for large commercial businesses Tran 4/19/2022 Discussed at Spring Quarterly City Council
Workplan Items Prioritization Discussion;
Approved to move forward during Summer
Quarterly City Council Workplan Items
Prioritization Discussion on 9/06/2022
23 Explore an ordinance or policy to reduce thefts and
increase security in the commercial retail parking
areas Chua 4/5/2022
Discussed at Spring Quarterly City Council
Workplan Items Prioritization Discussion;
Approved to move forward during Summer
Quarterly City Council Workplan Items
Prioritization Discussion on 9/06/2022
ACTIVE ITEMS
NOTE: Deferred and Completed Items are not listed31
Item # 8.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
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 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.
26 Requested an appropriation in an amount not to
exceed $250,000 to procure a contract to address
the streetlights that are pending fieldwork. Tran 2/1/2022 At this time, staff has sufficient Council
approved resources to address the remaining
streetlight outages; however, will bring
relevant actions for Council consideration, if
needed.
27 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;
28 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
29 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
30 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.
31 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
32 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.
33 Look into opening up the Senior Center on
Saturdays for half a day Chua 8/5/2021
This three-month pilot was kicked off on
Saturday Sept. 10. Per the Information
Memorandum issued on Nov. 22, 2022, due
to the success of the Saturday Day hours, the
pilot will be extended for the remainder of the
current Fiscal Year.
34 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
35 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.
NOTE: Deferred and Completed Items are not listed32
Item # 8.
MILPITAS CITY COUNCIL
AGENDA ITEM REQUESTS
Request
No. Topic Submitted by:
Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
36 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.
37 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.
38 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
39 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.
Council received a follow-up presentation
from staff on 6/21/22 and provided direction
on establishing a local tobacco retail
permitting program and regulating tobacco
retail locations and the sale of flavored
tobacco and electronic cigarette products in
Milpitas. Staff is now coordinating with the
Santa Clara County Department of
Environmental Health (DEH) to set up the
program, and those arrangement will be
brought back to the Council in early 2023.
40 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 listed33
Item # 8.
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: 12/20/2022
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 Governor’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 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. 34 Item # 9.
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:
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. 35 Item # 9.
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
36 Item # 9.
37 Item # 9.
38 Item # 9.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Approve and Authorize the City Manager to Execute an Encroachment and Maintenance Agreement with Milpitas – District 4 Owner, LLC, for the Perpetual Maintenance and Operation of Private Sidewalk Lighting Improvements within the City Right-of-Way Located at 150 Market Street (Staff Contact: Steve Erickson, Engineering Director / City Engineer, 408-586-3301; and Roberto Alonzo, Principal Civil Engineer, 408-586-3316)
Category: Consent Calendar-Community Development
Meeting Date: 12/20/2022
Recommendation: Approve and authorize the City Manager to execute an Encroachment and Maintenance Agreement with Milpitas – District 4 Owner, LLC, for the perpetual maintenance and operation of private sidewalk lighting improvements within the city right- of-way located at 150 Market Street.
BACKGROUND:
On March 20, 2012, the City Council approved a Major Tentative Map (MT11-0002), and on November 17, 2015, approved an amendment to Site Development Permit (SD11-0001) and Conditional Use Permit (UP11- 0037) to allow the construction of 4 mixed use buildings with 953 residential units and 98,684 square feet of commercial space on 13.33 acres (District 1), and 200 residential condominium units on 9.68 acres (District 2) located at 1315 – 1600 McCandless Drive. The project includes ancillary lots for private streets and public streets, will be constructed in phases, and have multiple final maps. The current project phase, District 1 Lot 4, consists of 213 residential units and 3,480 square feet of commercial space on 2.29 acres located at 150 Market Street (District 1, Lot 4).
ANALYSIS:
The Developer of the current project phase, Milpitas – District 4 Owner, LLC, has requested to enter into a City Encroachment and Maintenance Agreement (Attached) for the perpetual operation and maintenance of private pedestrian lighting improvements located in City right-of-way at 150 Market Street. These improvements include light fixtures, service boxes, wires, conduits, and signage and will be privately owned and operated and not maintained by the city. The purpose of the improvements is to provide a higher standard lighting improvement fronting the development. The Engineering Director/City Engineer has reviewed the improvement plans which include the private lighting and recommends the City Council approve the Encroachment and Maintenance Agreement for these private improvements.
POLICY ALTERNATIVE(S):
Alternative 1:
Deny approval of Encroachment and Maintenance Agreement for the installation of the Improvements.
Pros: None
Cons: Denying approval of the Encroachment and Maintenance Agreement will require the developer to remove the private lighting improvements already installed.
Reason for Not Recommending: The proposed lighting improvements are designed to support the public safety and provide a higher level of architectural expression at the front of the development. Staff recommends the City Council approve the Encroachment and Maintenance Agreement for the owner’s operation and maintenance of this private lighting improvement.
39 Item # 10.
FISCAL IMPACT:
The private lighting improvements will not be maintained by the city and will be perpetually owned and maintained by the property owner. The Developer will pay the city the standard $3,000 fee for implementation of the Encroachment and Maintenance Agreement.
California Environmental Quality Act (CEQA):
The City Council’s approval of the agreement was already reviewed under the California Environmental Quality Act (CEQA) at the time the City Council approved the entitlements for the project thru an initial environmental assessment. Staff determined that an Addendum to the Transit Area Specific Plan (SCH# 2006032091) pursuant to Section 15164 of the CEQA Guidelines was the appropriate CEQA document given the changes to the General Plan, Specific Plan and Zoning Code. The Addendum demonstrated that there were no substantial changes in the environment because the project would reduce the overall development intensity. On this basis, the City Council relies on the previous CEQA review conducted in approving this agreement.
RECOMMENDATION:
Approve and Authorize the City Manager to Execute an Encroachment and Maintenance Agreement with Milpitas – District 4 Owner, LLC, for the Perpetual Maintenance and Operation of Private Sidewalk Lighting Improvements within the City Right-of-Way Located at 150 Market Street.
Attachment(s):
Encroachment and Maintenance Agreement
40 Item # 10.
41 Item # 10.
42 Item # 10.
43 Item # 10.
44 Item # 10.
45 Item # 10.
46 Item # 10.
47 Item # 10.
48 Item # 10.
49 Item # 10.
50 Item # 10.
51 Item # 10.
52 Item # 10.
53 Item # 10.
54 Item # 10.
55 Item # 10.
"EXHIBIT A"
LEGAL DESCRIPTION
All that real property situated in the City of Milpitas, County of Santa Clara, State of California, described as follows:
Lot 4 of Tract 10476, filed January 20, 2020, in Map Book 929, Pages 5-9, inclusive, Santa Clara County Records.
Containing 2.29 acres, more or less.
56 Item # 10.
57 Item # 10.
EXTERIOR
TITLE 24
CALCULATIONS
without written permission by Architects Orange.
These plans shall not be reproduced or used
such protection unauthorized use is not permitted.
These plans are copyright protected. Under
c
2018
Architects Orange
LYON LIVING
4901 BIRCH STREET
NEWPORT BEACH, CA 92660
THE
DISTRICT
AT MILPITAS
LOT 4
1410 McCANDLESS DRIVE
MILPITAS, CA 95035
Plan Check Date
Bid Set Date
Permit Date
Project Number
P:\2018\18295\CAD\APARTMENTS\18295E0_3_1.DWG
Monday, November 14, 2022 5:44:49 PM
Victor Montano
Drawing Date
D A T E S
D E L T A
Plot Date
2017-134
-
-
-
2.22.2019
05/29/19
A
08/05/19
B
01/03/20
C
02/22/19
04/20/20
D
05/26/20
E
07/15/20
FOR CONSTRUCTION
SET #1
11/09/20
1 02/22/21
A
11/24/21
1 58
Item # 10.
LIGHT
FIXTURE
SCHEDULE
without written permission by Architects Orange.
These plans shall not be reproduced or used
such protection unauthorized use is not permitted.
These plans are copyright protected. Under
c
2018
Architects Orange
LYON LIVING
4901 BIRCH STREET
NEWPORT BEACH, CA 92660
THE
DISTRICT
AT MILPITAS
LOT 4
1410 McCANDLESS DRIVE
MILPITAS, CA 95035
Plan Check Date
Bid Set Date
Permit Date
Project Number
P:\2018\18295\CAD\APARTMENTS\18295E0_5.DWG
Tuesday, November 15, 2022 10:40:19 AM
Victor Montano
Drawing Date
D A T E S
D E L T A
Plot Date
2017-134
-
-
-
2.22.2019
05/29/19
A
08/05/19
B
01/03/20
C
02/22/19
04/20/20
D
05/26/20
E
07/15/20
FOR CONSTRUCTION
SET #1
11/09/20
1 02/22/21
A
11/24/21
1 59
Item # 10.
PANEL
SCHEDULES
without written permission by Architects Orange.
These plans shall not be reproduced or used
such protection unauthorized use is not permitted.
These plans are copyright protected. Under
c
2018
Architects Orange
LYON LIVING
4901 BIRCH STREET
NEWPORT BEACH, CA 92660
THE
DISTRICT
AT MILPITAS
LOT 4
1410 McCANDLESS DRIVE
MILPITAS, CA 95035
Plan Check Date
Bid Set Date
Permit Date
Project Number
P:\2018\18295\CAD\APARTMENTS\18295E0_34.DWG
Monday, November 14, 2022 5:45:09 PM
Victor Montano
Drawing Date
D A T E S
D E L T A
Plot Date
2017-134
-
-
-
2.22.2019
05/29/19
A
08/05/19
B
01/03/20
C
02/22/19
04/20/20
D
05/26/20
E
07/15/20
FOR CONSTRUCTION
SET #1
11/09/20
1 02/22/21
A
11/24/21
1 60
Item # 10.
PANEL
SCHEDULES
without written permission by Architects Orange.
These plans shall not be reproduced or used
such protection unauthorized use is not permitted.
These plans are copyright protected. Under
c
2018
Architects Orange
LYON LIVING
4901 BIRCH STREET
NEWPORT BEACH, CA 92660
THE
DISTRICT
AT MILPITAS
LOT 4
LEASING
OFFICE /
FITNESS
CENTER
TENANT
1410 McCANDLESS DRIVE
MILPITAS, CA 95035
Plan Check Date
Bid Set Date
Permit Date
Project Number
P:\2018\18295\CAD\APARTMENTS\18295E0_35.DWG
Monday, November 14, 2022 5:45:28 PM
Victor Montano
Drawing Date
D A T E S
Plot Date
2017-134
-
-
-
2.22.2019
(949) 753-1553 Fax (949) 753-1992
8825 Research Drive
OMB ELECTRICAL ENGINEERS, INC.
Irvine, CA 92618
E-Mail: [email protected]
D E L T A
11/24/21
1 02/22/19
61 Item # 10.
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without written permission by Architects Orange.
These plans shall not be reproduced or used
such protection unauthorized use is not permitted.
These plans are copyright protected. Under
c
2018
Architects Orange
LYON LIVING
4901 BIRCH STREET
NEWPORT BEACH, CA 92660
THE
DISTRICT
AT MILPITAS
LOT 4
1410 McCANDLESS DRIVE
MILPITAS, CA 95035
Plan Check Date
Bid Set Date
Permit Date
Project Number
P:\2018\18295\CAD\APARTMENTS\18295E1_1.DWG
Tuesday, November 15, 2022 10:34:33 AM
Victor Montano
Drawing Date
D A T E S
D E L T A
Plot Date
2017-134
-
-
-
2.22.2019
05/29/19
A
08/05/19
B
01/03/20
C
02/22/19
04/20/20
D
05/26/20
E
07/15/20
FOR CONSTRUCTION
SET #1
11/09/20
1 02/22/21
A
11/24/21
1 FIRST LEVEL
BUILDING SITE
LIGHTING
PLAN
62 Item # 10.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Reviewing and Accepting the Annual Development Impact Fee Annual Report for the Calaveras Boulevard Widening Traffic Impact Fee, the Transit Area Specific Plan (TASP) Impact Fee, and the Storm Drain Fee for the Fiscal Year Ended June 30, 2022 (Staff Contact: Lauren Lai, Finance Director, 408- 586-3111)
Category: Consent Calendar-Leadership and Support Services
Meeting Date: 12/20/2022
Recommendation: Adopt a resolution consistent with the Mitigation Fee Act to review and accept the annual development impact fee disclosure information for the Calaveras Blvd Widening Traffic Impact Fee, Transit Area Specific Plan Impact Fee and Storm Drain Fee for the Fiscal Year Ended June 30, 2022.
Background:
California Government Code Section 66000 et seq. (“Mitigation Fee Act”) requires local agencies to provide an accounting of fees charged for development projects. The City has two basic accounting and reporting responsibilities under the Government Code. Section 66001(d) requires that, five years after collecting a development fee subject to this Code section and every five years thereafter, the local agency shall make findings with respect to any portion of the fee remaining unexpended, whether committed or uncommitted. If the required findings are not made, the unexpended funds shall be refunded to the current property owners.
Five-year findings must:
1. Identify the purpose of the fee;
2. Demonstrate a reasonable relationship between the fee and the purpose for which it was charged;
3. Identify all sources and amounts of funding anticipated to complete financing of incomplete improvements; and
4. Designate the approximate dates on which these funding sources can be expected to be deposited into the appropriate account or fund.
When sufficient funds have been collected to complete financing on incomplete public improvements, the local agency has 180 days to identify an approximate date by which the construction of the public improvement will begin or else is required to refund the unexpended fees, including accrued interest, to the current owner of lots or units of the development project.
For Fiscal Year ending on June 30, 2019, the City reported its last Five-Year findings for the remaining unexpended fee proceeds for the Calaveras Blvd Widening Traffic Impact Fee, and Transit Area Specific Plan Impact Fee. The City will need to report the next Five-Year findings report for Fiscal Year ending on June 30, 2024.
The second requirement set forth under Government Code Section 66006(b)(1)* provides that each local agency is required on an annual basis, within 180 days after fiscal year end, for each separate account, to make available to the public the following information:
1. Brief description of the type of fee in the account;
2. The amount of the fee;
3. The account’s beginning and ending balance; 63
Item # 11.
4. The amount of fees collected and the interest earned;
5. A description of the improvements on which the funds were expended and the amount expended on each improvement including the percentage of the improvement funded with development fees;
6. An approximate date by which the construction of a public improvement will begin if the local agency determines that sufficient funds have been collected to complete financing on the incomplete improvement;
7. A description of each inter-fund transfer or loan made from the account; and
8. The amount of any refunds or allocations made pursuant to Code Section 66001.
The City deposits impact fees subject to the above disclosure in the Calaveras Boulevard Widening Traffic Impact Fee Fund, Transit Area Specific Plan (TASP) Impact Fee Fund, and Storm Drain Development Fund to track these development related fees. Interest income is allocated to these funds based on their respective monthly cash balances. Expenditures from these funds were in the form of capital improvement projects to either renovate existing facilities or maintain the existing level of service, consistent with the General Plan and approved Capital Improvement Plan, due to increased demand related to the development projects.
Analysis:
Annual reports (included in the agenda packet) summarize the Fiscal Year 2021-2022 fund activity for Calaveras Boulevard Widening Traffic Impact Fee (Exhibit 1); Transit Area Specific Plan (TASP) Impact Fee (Exhibit 2); and Storm Drain Development Fee (Exhibit 3). The reports show the amount of fees collected in fiscal year 2021-2022, interest income, a brief description of the projects funded, the percentage of the projects funded by the development fees, and the beginning and ending balance of the funds. The table below shows the beginning fund balance, revenues received, expenditures and ending fund balance for each impact fee for Fiscal Year 2021-2022. The plan to expend the funds available in ending fund balances for the various fees is outlined in the attached reports. For the TASP Impact Fee, for example, the unexpended fee proceeds will be used to fund necessary infrastructure (e.g.: A community center/recreation facility, a park, Montague Expressway widening) as identified in the Transit Area Development Impact Fee Report, dated February 2014, and the City’s Capital Improvement Program 2022-2026 Final Report.
FY 2021-22 Calaveras Blvd
Widening
Traffic Impact
Fee
TASP Impact Storm Drain
Development*
Beginning Fund
Balance
$1,671,960 $46,952,647 $520,283
Revenues 84,325 4,665,390 752,921
Expenditures (1,675,575) (6,978,000) 0
Loan Payment 0 1,198,838** 0
Ending Fund
Balance
$80,710 $45,838.875 $1,273,204
*Annual reporting for the Storm Drain Fee is subject to Government Code Section 66013, however those reporting requirements are substantially similar to the annual reporting requirements under Government code section 66006 and are referred to collectively here for convenience.
**Payment received for Loan to Piper Montague Infrastructure Plan (PMIP) Fund.
Policy Alternative:
Alternative 1: Do not adopt the resolution and accept the annual development impact fee disclosure information.
Pros: There are no pros to not adopt the resolution and accept the annual development impact fee disclosure information.
Cons: Not adopting the resolution and accepting the annual development impact fee disclosure information will violate the Mitigation Fee Act. 64
Item # 11.
Reason not recommended: None
Fiscal Impact:
Not applicable.
California Environmental Quality Act:
The action being considered has no potential for causing a significant effect on the environment and is exempt from the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b)(3).
Recommendation:
Adopt a resolution consistent with the Mitigation Fee Act to review and accept the annual development impact fee disclosure information for the Calaveras Blvd Widening Traffic Impact Fee, Transit Area Specific Plan Impact Fee and Storm Drain Fee for the Fiscal Year Ended June 30, 2022.
Attachment:
Resolution including Annual Reports as Exhibits
65 Item # 11.
1 Resolution No. ___
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS REVIEWING AND ACCEPTING
ANNUAL DEVELOPMENT IMPACT FEE DISCLOSURE INFORMATION FOR THE CALAVERAS
BOULEVARD WIDENING TRAFFIC IMPACT FEE, THE TRANSIT AREA SPECIFIC PLAN IMPACT FEE AND THE STORM DRAIN FEE PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 66006 and 66013
WHEREAS, the Mitigation Fee Act, Government Code Section 66000 et seq., authorizes the City of Milpitas (“City”) to impose, collect, and expend mitigation fees to offset the impacts of development within the City; and
WHEREAS, pursuant to its authority under the Mitigation Fee Act (Government Code §§ 66000 et seq.) the City Council established, adopted, and imposed a Calaveras Boulevard Traffic Impact Fee, a Transi t Area Specific Plan (“TASP”) Impact Fee and a Storm Drain Fee (collectively, the “Fees”); and
WHEREAS, the City has deposited all Fees in separate non -commingled funds (“Funds”) established for such a purpose; and
WHEREAS, the City has made available to the public within one hundred eighty (180) days following the last day of the fiscal year the annual accounting information (“Annual Report”) required by the Mitigation Fee Act related to each of the Fees; and
WHEREAS, the City has mailed notice at least fifteen (15) days prior to this meeting to all interested parties who have requested notice of any meeting relative to the City’s imposition of the Fees and has held a duly noticed, regularly scheduled public meeting at which oral and written testimony w as received regarding the Annual Reports at least fifteen (15) days after the City made this information publicly available.
NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:
1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
2. In accordance with Government Code Section 66006(b) and Section 66013, the City Council has reviewed and approves the Annual Reports for each of the Fees, which are attached to this Resolution as Exhibits 1-3, and are also placed on file with the City Clerk. The Council, based upon the information contained in the Annual Report and the remaining need for the unexpended funds, finds as follows:
a. That each of the Annual Reports describe the types of Fees contained in each of the Funds, including the amount of the fees, the beginning and ending balance of the Funds, as well as the amount of fees collected, and the interest earned thereon.
b. That each of the Annual Report s identifies each public improvement on which the Fees were expended, the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with the Fees.
c. That there were interfund transfers or loans made from the Funds, as noted.
d. That sufficient funds have not been collected to complete the financing of any incomplete public improvement, and that there were no refunds or allocations made of the Fees.
3. Pursuant to these findings, and at this time, there shall not be a refund of any unexpended Fees.
66 Item # 11.
2 Resolution No. ___
PASSED AND ADOPTED this __________day of ___________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
______________________________ __________________________ Suzanne Guzzetta, City Clerk Rich Tran, Mayor
APPROVED AS TO FORM:
_______________________________
Michael Mutalipassi, City Attorney
67 Item # 11.
3 Resolution No. ___
City of Milpitas
Annual Report of Development Fees and Expenditures for the Fiscal Year ended June 30, 2022
Exhibit 1
Calaveras Boulevard Widening Traffic Impact Fee
Description:
In order to implement the goals and objectives of the City of Milpitas General Plan and to mitigate the traffic impacts caused by new development in the City of Milpitas, certain roadways such as Calaveras Boulevard must be widened.
Fee:
The amount of the fee as of June 30, 2022 was as follows:
Area Covered Type of Dwelling Amount
Citywide except TASP to widen
Calaveras Boulevard
Residential 5 or
more units
$257 per dwelling unit
Retail
Development of
1,000 or more
square fee
$1,096 per thousand square
feet
Office
Development of
1,000 or more
square feet
$544 per thousand square feet
Other Uses A focused nexus study will be
required
68 Item # 11.
4 Resolution No. ___
Exhibit 1- continued
Calaveras Widening Impact Fee Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances for
Fiscal Year 2021-2022
Fees collected and interest earned:
Revenues
Traffic Fees $ 78,175
Interest 6,150
Total Revenues 84,325
Fees expended on public improvement:
Expenditures
CP 4258 – Calaveras Blvd. Widening Project 1,432,990 Refund of overpaid traffic fees for the McCarthy Creekside Project by Creekside Milpitas 2, LLC in November 2018 242,585
Total Expenditures 1,675,575
Excess/(deficiency) of revenues over/ (1,591,250) (under) expenditures
Beginning and ending balance:
Fund Balance, beginning of year 1,671,960
Fund Balance, end of year $80,710
Inter-fund transfer or loan made description:
None
Refunds made from surplus fees and amount of any allocations made:
Upon further review of the March 2016 Traffic Operations Analysis Hexagon Transportation Consultants, staff agreed the Calaveras Widening Fee calculation needed to be recalculated using "Other-Uses" land- use designation and resulted in $242,585 refund to the developer.
69 Item # 11.
5 Resolution No. ___
CIP/Item
Number and Title
Project Description % of the project
funded with
development fees
Construction
Commencement
Date
CP 4258 – Calaveras
Blvd. Widening
Project
This project provides a minimum local match for the
replacement of the existing roadway bridges, built in 1967, on Calaveras Boulevard between Milpitas Boulevard and
Abel Street. The roadway is a State owned and operated
highway (SR 237) that connects to I-680 and I-880 freeway through the City. It is a critical transportation artery that provides access to local streets for residents and businesses.
The 6-lane roadway reduces to 4-lanes at the bridge
structures creating traffic congestion. The Santa Clara Valley Transportation Authority (VTA) completed a
project study report in 2009 and it was predicted that traffic congestion at the bridge structures would worsen as growth continues in the region. The widening of the bridge
structures to 6-lanes was identified as a solution to provide traffic congestion relief in the area. The bridge will also include a 10-foot sidewalk and 6-foot bike lane in each direction.
31% Planning only.
Construction
has not yet
started.
70 Item # 11.
6 Resolution No. ___
Exhibit 2
Annual Report for the Transit Area Specific Plan (TASP) Impact Fee
Fiscal Year ended June 30, 2022
Description:
Based on Resolution No. 8344 Exhibit A Transit Area Development Impact Fee Update Report prepared by Economic & Planning Systems, Inc., dated February 2014, the purpose of the Transit Area Specific Plan Impact fee is to fund the planning and development (as described in the Report) of an approximately 437-acre area in the southern portion of the City near the Great Mall shopping center to support more residents and workers with appropriately scaled utilities, parks , community facilities, and roadways.
Fee:
The amount of the fee as of June 30, 2022 was as follows:
Type of Dwelling Amount
Residential $44,009 per unit
Retail $28.79 per square foot
Office $49.48 per square foot
71 Item # 11.
7 Resolution No. ___
Exhibit 2- Continued
Transit Area Specific Plan (TASP) Impact Fee Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances for
Fiscal Year 2021-2022
Fees collected and interest earned:
Revenues:
TASP Impact Fees $ 4,097,534
Interest 567,856
Total Revenues 4,665,390
Fees expended on public improvement (See table for % of cost funded with fees):
Expenditures:
1. CP 2006 - Transit Area Specific Plan Update (DB44) 100,000
2. CP 2016 - S. Milpitas Blvd. Veh. Bridge at Penitencia 3,300,000
3. CP 3490 – Capital Improvement Program Administration 78,000
4. CP 4258 – Calaveras Widening Project 3,500,000
Total Expenditures 6,978,000
Excess (deficiency) of revenues over
(under) expenditures (2,312,610)
Payment received for Loan to Piper Montague Infrastructure Plan (PMIP) fund 1,198,838
Beginning and ending balance:
Fund Balance, beginning of year 46,952,647
Fund Balance, end of year $45,838,875
72 Item # 11.
8 Resolution No. ___
CIP/Item
Number and Title
Project Description % of the project
funded with
development fees
Construction
Commencement
Date
CP 2006 - Transit
Area Specific Plan
Update (DB44)
The Transit Area Specific Plan (TASP) was approved in
2008. There have been minor amendments to TASP
focused primarily on individual properties, but no
comprehensive evaluation of the plan and the effectiveness of its implementation has been made. Approximately 95%
of the housing planned and cleared under CEQA for the
area have been entitled or constructed. Approximately 50% of retail uses and none of the office have been developed.
An evaluation of development projects proposed, entitled, or constructed; processes and regulations for development; changes to the land use diagram; and remaining
development capacity should be undertaken. This project will include an update to the TASP EIR to provide
environmental clearance for additional residential
development.
100% N/A
CP 2016 - S.
Milpitas Blvd.
Vehicle Bridge at
Penitencia
This project provides for design and construction of a
vehicular bridge over Penitencia Creek at the end of the new S. Milpitas Blvd. Extension. The vehicular bridge is part of the Transit Area Specific Plan (TASP) circulation infrastructure improvement to provide vehicular, bicycle and pedestrian connectivity between TASP developments,
Milpitas BART station, Great Mall and surrounding
residential developments.
100% Design only.
Construction has
not yet started.
CP 3490 - Capital
Improvement
Program
Administration
This project provides for the annual preparation of the Capital Improvement Program. Work includes program
administration, printing, and software programming
assistance.
20% N/A
CP 4258 – Calaveras
Blvd. Widening
Project
This project provides a minimum local match for the
replacement of the existing roadway bridges, built in
1967, on Calaveras Boulevard between Milpitas
Boulevard and Abel Street. The roadway is a State owned and operated highway (SR 237) that connects to I-680
and I-880 freeway through the City. It is a critical
transportation artery that provides access to local streets for residents and businesses. The 6-lane roadway reduces to 4-lanes at the bridge structures creating traffic
congestion. The Santa Clara Valley Transportation
Authority (VTA) completed a project study report in 2009 and it was predicted that traffic congestion at the bridge structures would worsen as growth continues in the
region. The widening of the bridge structures to 6-lanes was identified as a solution to provide traffic congestion relief in the area. The bridge will also include a 10-foot sidewalk and 6-foot bike lane in each direction.
69% Planning only.
Construction
has not yet
started.
Inter-fund transfer or loan made description:
There is a $614,491 loan to the Piper Montaque Infrastructure Plan (PMIP) fund
Refunds made from surplus fees and amount of any allocations made:
None
73 Item # 11.
9 Resolution No. ___
Exhibit 3
Annual Report Storm Drain Fee
Fiscal Year ended June 30, 2022
Description:
Prior to connection or discharge to any storm drain facility from a new development project, developers shall pay City a fee for connection/discharge to the City’s storm drain system (Municipal Code XI-16-16). The purpose of the storm drain fee is to fund facilities necessary to provide storm drain services, and revenues derived from the fee imposed by the City shall be used solely for that purpose.
Fee:
The amount of the fee as of June 30, 2022 was as follows:
Type of Dwelling Parcel Size Per Parcel Fee
Connection Fees
Single-family medium density Equal or smaller than
8,710 square feet $1,100
Single-family low density Between 8,711 and
43,560 square feet $1,916
Single-family Between 1 acre and 4
acres $3,594
Single-family Between 4 acre and 9
acres $4,792
Single-family Greater than 9 acres $6,469
Multiple-family $16,771 per acre
Commercial, industrial, institutional,
or mixed use sites $21,562 per acre
Schools with athletic fields $7,187 per acre
Parks $4,792 per park
74 Item # 11.
10 Resolution No. ___
Exhibit 3- continued
Storm Drain Development Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances for
Fiscal Year 2021-2022
Fees collected and interest earned:
Revenues:
Connection Fees $550,092 Funding returned from closed project CP 3713 12,813 Storm drain funding returned from project CP 3719 145,000 Interest 45,016
Total Revenues 752,921
Excess (deficiency) of revenues over
(under) expenditures 752,921
Beginning and ending balance:
Fund Balance, beginning of year 520,283
Fund Balance, end of year $ 1,273,204
CIP Number Project Description
% of the project
funded with
development
fees
Construction
commencement
Date
Status
Of
Project
CP 3713 –
Trash
Removal
Devices
This project evaluates locations for trash removal
devices within the City's storm water collection
system. Proposed work includes design and
installation of two devices.
70% 2016
Closed
CP3719 –
On-Call
Storm
Maintenance
& Repair
This project provides for on-call repair and
maintenance services at all City storm
infrastructure, assets, and appurtenances. Work
may include, but is not limited to, repair and
replacement of electrical and mechanical systems
(VFD & generators), motors and pumps, pipelines,
aboveground/underground storage tanks, and other
related improvements. All work will be performed
on a priority and funding availability basis.
Funding was swapped Mid-Year FY 2021-22 with
General Government CIP Fund so currently 0% is
funded with development fees.
0%
Repair and
maintenance
services Closed
Refunds made from surplus fees and amount of any allocations made:
None
75 Item # 11.
1 Resolution No. ___
City of Milpitas
Annual Report of Development Fees and Expenditures for the Fiscal Year ended June 30, 2022
Exhibit 1
Calaveras Boulevard Widening Traffic Impact Fee
Description:
In order to implement the goals and objectives of the City of Milpitas General Plan and to mitigate the traffic impacts caused by new development in the City of Milpitas, certain roadways such as Calaveras Boulevard must be widened.
Fee:
The amount of the fee as of June 30, 2022 was as follows:
Area Covered Type of Dwelling Amount
Citywide except TASP to widen
Calaveras Boulevard
Residential 5 or
more units
$257 per dwelling unit
Retail
Development of
1,000 or more
square fee
$1,096 per thousand square
feet
Office
Development of
1,000 or more
square feet
$544 per thousand square feet
Other Uses A focused nexus study will be
required
76 Item # 11.
2 Resolution No. ___
Exhibit 1- continued
Calaveras Widening Impact Fee Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances for
Fiscal Year 2021-2022
Fees collected and interest earned:
Revenues
Traffic Fees $ 78,175
Interest 6,150
Total Revenues 84,325
Fees expended on public improvement:
Expenditures
CP 4258 – Calaveras Blvd. Widening Project 1,432,990 Refund of overpaid traffic fees for the McCarthy Creekside Project by Creekside Milpitas 2, LLC in November 2018 242,585
Total Expenditures 1,675,575
Excess/(deficiency) of revenues over/ (1,591,250) (under) expenditures
Beginning and ending balance:
Fund Balance, beginning of year 1,671,960
Fund Balance, end of year $80,710
Inter-fund transfer or loan made description:
None
Refunds made from surplus fees and amount of any allocations made:
Upon further review of the March 2016 Traffic Operations Analysis Hexagon Transportation Consultants, staff agreed the Calaveras Widening Fee calculation needed to be recalculated using "Other-Uses" land- use designation and resulted in $242,585 refund to the developer.
77 Item # 11.
3 Resolution No. ___
CIP/Item
Number and Title
Project Description % of the project
funded with
development fees
Construction
Commencement
Date
CP 4258 – Calaveras
Blvd. Widening
Project
This project provides a minimum local match for the
replacement of the existing roadway bridges, built in 1967, on Calaveras Boulevard between Milpitas Boulevard and
Abel Street. The roadway is a State owned and operated
highway (SR 237) that connects to I-680 and I-880 freeway through the City. It is a critical transportation artery that provides access to local streets for residents and businesses.
The 6-lane roadway reduces to 4-lanes at the bridge
structures creating traffic congestion. The Santa Clara Valley Transportation Authority (VTA) completed a
project study report in 2009 and it was predicted that traffic congestion at the bridge structures would worsen as growth continues in the region. The widening of the bridge
structures to 6-lanes was identified as a solution to provide traffic congestion relief in the area. The bridge will also include a 10-foot sidewalk and 6-foot bike lane in each direction.
31% Planning only.
Construction
has not yet
started.
78 Item # 11.
4 Resolution No. ___
Exhibit 2
Annual Report for the Transit Area Specific Plan (TASP) Impact Fee
Fiscal Year ended June 30, 2022
Description:
Based on Resolution No. 8344 Exhibit A Transit Area Development Impact Fee Update Report prepared by Economic & Planning Systems, Inc., dated February 2014, the purpose of the Transit Area Specific Plan Impact fee is to fund the planning and development (as described in the Report) of an approximately 437-acre area in the southern portion of the City near the Great Mall shopping center to support more residents and workers with appropriately scaled utilities, parks , community facilities, and roadways.
Fee:
The amount of the fee as of June 30, 2022 was as follows:
Type of Dwelling Amount
Residential $44,009 per unit
Retail $28.79 per square foot
Office $49.48 per square foot
79 Item # 11.
5 Resolution No. ___
Exhibit 2- Continued
Transit Area Specific Plan (TASP) Impact Fee Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances for
Fiscal Year 2021-2022
Fees collected and interest earned:
Revenues:
TASP Impact Fees $ 4,097,534
Interest 567,856
Total Revenues 4,665,390
Fees expended on public improvement (See table for % of cost funded with fees):
Expenditures:
1. CP 2006 - Transit Area Specific Plan Update (DB44) 100,000
2. CP 2016 - S. Milpitas Blvd. Veh. Bridge at Penitencia 3,300,000
3. CP 3490 – Capital Improvement Program Administration 78,000
4. CP 4258 – Calaveras Widening Project 3,500,000
Total Expenditures 6,978,000
Excess (deficiency) of revenues over
(under) expenditures (2,312,610)
Payment received for Loan to Piper Montague Infrastructure Plan (PMIP) fund 1,198,838
Beginning and ending balance:
Fund Balance, beginning of year 46,952,647
Fund Balance, end of year $45,838,875
80 Item # 11.
6 Resolution No. ___
CIP/Item
Number and Title
Project Description % of the project
funded with
development fees
Construction
Commencement
Date
CP 2006 - Transit
Area Specific Plan
Update (DB44)
The Transit Area Specific Plan (TASP) was approved in
2008. There have been minor amendments to TASP
focused primarily on individual properties, but no
comprehensive evaluation of the plan and the effectiveness of its implementation has been made. Approximately 95%
of the housing planned and cleared under CEQA for the
area have been entitled or constructed. Approximately 50% of retail uses and none of the office have been developed.
An evaluation of development projects proposed, entitled, or constructed; processes and regulations for development; changes to the land use diagram; and remaining
development capacity should be undertaken. This project will include an update to the TASP EIR to provide
environmental clearance for additional residential
development.
100% N/A
CP 2016 - S.
Milpitas Blvd.
Vehicle Bridge at
Penitencia
This project provides for design and construction of a
vehicular bridge over Penitencia Creek at the end of the new S. Milpitas Blvd. Extension. The vehicular bridge is part of the Transit Area Specific Plan (TASP) circulation infrastructure improvement to provide vehicular, bicycle and pedestrian connectivity between TASP developments,
Milpitas BART station, Great Mall and surrounding
residential developments.
100% Design only.
Construction has
not yet started.
CP 3490 - Capital
Improvement
Program
Administration
This project provides for the annual preparation of the Capital Improvement Program. Work includes program
administration, printing, and software programming
assistance.
20% N/A
CP 4258 – Calaveras
Blvd. Widening
Project
This project provides a minimum local match for the
replacement of the existing roadway bridges, built in
1967, on Calaveras Boulevard between Milpitas
Boulevard and Abel Street. The roadway is a State owned and operated highway (SR 237) that connects to I-680
and I-880 freeway through the City. It is a critical
transportation artery that provides access to local streets for residents and businesses. The 6-lane roadway reduces to 4-lanes at the bridge structures creating traffic
congestion. The Santa Clara Valley Transportation
Authority (VTA) completed a project study report in 2009 and it was predicted that traffic congestion at the bridge structures would worsen as growth continues in the
region. The widening of the bridge structures to 6-lanes was identified as a solution to provide traffic congestion relief in the area. The bridge will also include a 10-foot sidewalk and 6-foot bike lane in each direction.
69% Planning only.
Construction
has not yet
started.
Inter-fund transfer or loan made description:
There is a $614,491 loan to the Piper Montaque Infrastructure Plan (PMIP) fund
Refunds made from surplus fees and amount of any allocations made:
None
81 Item # 11.
7 Resolution No. ___
Exhibit 3
Annual Report Storm Drain Fee
Fiscal Year ended June 30, 2022
Description:
Prior to connection or discharge to any storm drain facility from a new development project, developers shall pay City a fee for connection/discharge to the City’s storm drain system (Municipal Code XI-16-16). The purpose of the storm drain fee is to fund facilities necessary to provide storm drain services, and revenues derived from the fee imposed by the City shall be used solely for that purpose.
Fee:
The amount of the fee as of June 30, 2022 was as follows:
Type of Dwelling Parcel Size Per Parcel Fee
Connection Fees
Single-family medium density Equal or smaller than
8,710 square feet $1,100
Single-family low density Between 8,711 and
43,560 square feet $1,916
Single-family Between 1 acre and 4
acres $3,594
Single-family Between 4 acre and 9
acres $4,792
Single-family Greater than 9 acres $6,469
Multiple-family $16,771 per acre
Commercial, industrial, institutional,
or mixed use sites $21,562 per acre
Schools with athletic fields $7,187 per acre
Parks $4,792 per park
82 Item # 11.
8 Resolution No. ___
Exhibit 3- continued
Storm Drain Development Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances for
Fiscal Year 2021-2022
Fees collected and interest earned:
Revenues:
Connection Fees $550,092 Funding returned from closed project CP 3713 12,813 Storm drain funding returned from project CP 3719 145,000 Interest 45,016
Total Revenues 752,921
Excess (deficiency) of revenues over
(under) expenditures 752,921
Beginning and ending balance:
Fund Balance, beginning of year 520,283
Fund Balance, end of year $ 1,273,204
CIP Number Project Description
% of the project
funded with
development
fees
Construction
commencement
Date
Status
Of
Project
CP 3713 –
Trash
Removal
Devices
This project evaluates locations for trash removal
devices within the City's storm water collection
system. Proposed work includes design and
installation of two devices.
70% 2016
Closed
CP3719 –
On-Call
Storm
Maintenance
& Repair
This project provides for on-call repair and
maintenance services at all City storm
infrastructure, assets, and appurtenances. Work
may include, but is not limited to, repair and
replacement of electrical and mechanical systems
(VFD & generators), motors and pumps, pipelines,
aboveground/underground storage tanks, and other
related improvements. All work will be performed
on a priority and funding availability basis.
Funding was swapped Mid-Year FY 2021-22 with
General Government CIP Fund so currently 0% is
funded with development fees.
0%
Repair and
maintenance
services Closed
Refunds made from surplus fees and amount of any allocations made:
None
83 Item # 11.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Authorizing the City Manager to Issue a Purchase Order in the Amount of $297,573.91 for the Purchase of Five Police Vehicles from the National Auto Fleet Group through a Cooperative Procurement Contract with Sourcewell (Staff Contact: Matthew Miller, Police Captain, 408-586-2522; Chris Schroeder, Purchasing Agent, 408-586-3161)
Category: Consent Calendar-Public Safety
Meeting Date: 12/20/2022
Recommendation: Adopt a resolution authorizing the City Manager to issue a purchase order in the amount of $297,573.91 for the purchase of five police vehicles from the National Auto Fleet Group through a Cooperative Procurement Contract with Sourcewell and find a CEQA exemption.
BACKGROUND:
On June 7, 2022 as part of the fiscal year 2022-23 operating budget, City Council approved the purchase of five (5) Patrol Services vehicles for the Police Department to replace existing vehicles consistent with Section
30.00 of the Memorandum of Understanding between the City and the Milpitas Police Officers Association, which states in part that “reasonable efforts shall be made to replace Police patrol vehicles before such vehicles have acquired 75,000 miles, provided that if said vehicles are safe and suitable for patrol purposes after 75,000 miles, they may remain in service for another 15,000 miles or a total of 90,000 miles.” All five vehicles recommended for replacement have mileage between 95,000 and 112,000 miles.
ANALYSIS:
Staff recommends a cooperative purchase of five (5) Patrol Services vehicles for the Police Department through Sourcewell Contract 091521-NAF from National Auto Fleet Group. Cooperative purchasing through the Sourcewell Contract is specifically authorized pursuant to Municipal Code Section I-2-3.05 “Public Agency Purchases”, The Purchasing Agent reviewed all of the documentation from the Sourcewell Contract No. 091521-NAF and has determined that the underlying purchase was made using competitive bidding procedures. Contract No. 091521-NAF is currently valid through November 8, 2025. All Sourcewell contracts provide nationally bid volume pricing to member cities not otherwise available for a single purchase. The purchase will be completed by issuing a purchase order with the City’s standard terms and conditions for materials and equipment.
The purchase of the five (5) police patrol vehicles in the amount of $297,573.91 will be made through the National Auto Fleet Group funded through the Equipment Fund ($198,016) and from the Police Department operating budget ($66,139), which was appropriated as part of the approval of the FY2022-23 Adopted Budget.
The amount of the purchase that exceeds the appropriated funds, $33,418.91, will be absorbed by the Police Department FY2022-23 Adopted Operating Budget.
POLICY ALTERNATIVE(S):
Alternative 1: Purchase vehicles using a request for proposal (RFP) Pros: An RFP allows the City to test the market for pricing.
Cons: Alternatively, a cooperative purchase allows for economies of scale by bringing together multiple organizations and their purchasing requirements, allow for more buying and negotiating power, and enables the City to obtain a better commercial deal than through a City RFP process. 84 Item # 12.
Reason for Not Recommending: Pricing under the cooperative procurement has already been negotiated under an RFP and reviewed by the Purchasing Agent as the best option for the City. Additionally, the acquisition would be delayed if the City issues its own solicitation.
FISCAL IMPACT:
The total cost for the purchase of the five (5) Patrol Services vehicles under the cooperative procurement contract is $297,573.91. The equipment replacement fund allocation is $198,016 and the general fund allocation is $66,139. The difference between the total cost for the purchase and the equipment replacement fund allocation in the amount of $33,418.91 is available in the Police Department’s FY 2022-23 operating budget.
California Environmental Quality Act (CEQA):
The proposed action is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines sections 15378(b)(2) and 15378(b)(5) as ongoing administrative or organizational activities to ensure proper record keeping in the Police Department that will not result in direct or indirect physical changes in the environment.
RECOMMENDATION:
Adopt a Resolution Authorizing the City Manager to Issue a Purchase Order in the amount of $297,573.91 for the Purchase of Five Police Vehicles from the National Auto Fleet Group through a Cooperative Procurement Contract with Sourcewell.
Attachment(s):
1. National Auto Fleet Group Quote
2. Resolution
85 Item # 12.
86 Item # 12.
87 Item # 12.
88 Item # 12.
89 Item # 12.
90 Item # 12.
91 Item # 12.
92 Item # 12.
93 Item # 12.
94 Item # 12.
95 Item # 12.
96 Item # 12.
97 Item # 12.
Resolution No. ____
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS
AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE OF
FIVE POLICE VEHICLES THROUGH A SOURCEWELL COOPERATIVE
PROCUREMENT CONTRACT WITH THE NATIONAL AUTO FLEET GROUP
WHEREAS, Municipal Code Section I -2-3.05 (“Public Agency Purchase ”) specifically authorizes the Purchasing Agent to purchase supplies or services without complying with the quotation or bidding requirements of that Chapter, and to make such purchases based on an agreement or cooperative purchasing program utilizing public agency procurements as the basis for the contract and may be offered by any ‘public agency” as defined by Government Code Section 6500, regardless of whether the City is named a party to the agreement or an actual participant in such a program, provided that the underlying purchase was made using competitive negotiation or procurement procedures and may include a nationally bid cooperative contract; and
WHEREAS, Sourcewell is a State of Minn esota local government unit and service cooperative created under the laws of the State of Minnesota through legislative authority of Minnesota Statute 123A.21.Feb 24, 2017 that offers cooperative procurement solutions to government entities; and
WHEREAS, on July 28, 2021 Sourcewell solicited Request for Proposal (RFP) No. 091521 for “Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and Accessories”; and
WHEREAS, on November 4, 2021 contract No. 091521-NFA was awarded to National Auto Fleet Group and took effect pursuant to the aforementioned RFP; and
WHEREAS, to support the Police Department vehicle replacement, staff wishes to purchase five 2023 Ford Police Interceptor Utility SUVs for $297,573.91; and
WHEREAS, the Purchasing Agent h as reviewed all of the documentation related to the RFP and the original contract awarded to National Auto Fleet Group and has determined that the underlying purchase was made using competitive bidding procedures and that the price for the vehicles are the same as that offered in the original contract.
NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:
1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the public, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
2. The City Manager is authorized to execute the purchase five 2023 Ford Police Interceptor Utility SUVs for $297,573.91. This is a cooperative purchase from National Auto Fleet Group through the Sourcewell Cooperative.
PASSED AND ADOPTED this ______ day of ______________, 2022, by the following vote:
AYES:
NOES:
98 Item # 12.
Resolution No. ____
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
Michael Mutalipassi, City Attorney
99 Item # 12.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Adopt a Resolution Authorizing the City Manager to Execute the Five-Year Sole Source Agreement with Hadronex, Inc. Doing Business as SmartCover Systems for Alert System Services Related to the Deployment of SmartLevel Sewer Monitoring System Units for a Not-to-Exceed Amount of $209,835.85, Subject to the Annual Appropriation of Funds (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 12/20/2022
Recommendation: Adopt a resolution authorizing the City Manager to execute the five- year sole source agreement with Hadronex, Inc. doing business as SmartCovers Systems for alert system services related to the deployment of SmartLevel Sewer Monitoring System units for the not-to-exceed amount of $209,835.85, subject to the annual appropriation of funds and approval as to form by the City Attorney, and find a CEQA exemption.
BACKGROUND:
All public wastewater collection system agencies in the San Francisco Bay Region are required to: a) take a proactive approach to system-wide operation, maintenance, and management; b) improve the condition of the collection infrastructure; and c) preserve the integrity of the system and provide reliable service to minimize the frequency and impacts of sanitary sewer overflows (SSOs). A sanitary sewer overflow is a spill, release, or unauthorized discharge of wastewater from a sanitary sewer system. SSOs may result from issues such as a blockage in a sewer system line, which impedes the flow of wastewater resulting in overflow at upstream manholes. SSOs release raw sewage and other contaminants that may pollute surface or ground water, threaten property and public health, damage the environment and adversely affect aquatic life and the waters of the State.
In FY 2017-18, Council approved the Sanitary Sewer Overflow (SSO) Improvements Project (CIP No. 6123), to implement a pilot program for “smart” manhole covers, to prevent SSOs. As part of the pilot program, the City engaged SmartCover Systems to provide a risk analysis of the City’s sanitary sewer system and subsequently develop a list of locations where SSOs have a higher likelihood of occurring in the system. The SmartCover Systems manhole covers use a web-based technology that provides real-time remote sewer overflow monitoring via a satellite communications system. The units are installed on the underside of existing manhole covers and provide real-time monitoring of sewage levels in manholes. Alarms on the units are transmitted via email and/or text and can warn of potential SSO events, allowing staff to immediately dispatch to locations of concern to reduce the likelihood of spills, improving sanitary sewer overflow response times, and increasing protection to the health and safety of the public and the environment.
The City has purchased and installed 35 SmartCover devices at strategic manhole locations adjacent to water bodies and creeks to prevent contaminants from entering nearby waterways in the event of a sanitary sewer overflow. There have been no SSOs at installed SmartCover device locations since they were installed.
ANALYSIS:
SmartCover Systems is a sole source provider for this product, including the SmartLevel monitoring system which provides continuous monitoring capability for levels and flow data in the sewer collection system. These products are patented and proprietary and designed and manufactured by Hadronex, Inc. Professional services are solely provided by SmartCover Systems for the management and security of data, software maintenance, upgrades, user website interface and communication systems. 100
Item # 13.
On September 4, 2018, the City Council approved a Sole Source request pursuant to Milpitas Municipal Code Title 1, Chapter 2-3.09 - Sole Source Procurement based on the proprietary design and alert system of the SmartLevel Sewer Monitoring System agreement with Hadronex, Inc. for the purchase, installation, and five years of alert system services related to the deployment of SmartLevel sewer monitoring system units. Usage of SmartCovers has helped to keep the City in compliance with increasingly strict State mandates regarding the Sanitary Sewer Management Program.
Due to the specialized nature of these devices, it is necessary for the City to have a binding agreement with the manufacturer to not only provide continuous, uninterrupted satellite communication service but also to safeguard proper operation of the Smart Cover units.
POLICY ALTERNATIVE(S):
Alternative 1: Do not approve the agreement Hydronex, Inc Pros: None.
Cons: The City will not receive real-time alerts of potential SSO events and response times for sanitary sewer overflow will increase.
Reason for Not Recommending: SmartCovers has helped to keep the City in compliance with increasingly strict State mandates regarding the Sanitary Sewer Management Program.
FISCAL IMPACT:
The fiscal impact for FY 2022-23 will be $37,975. Sufficient funds are available in the Public Works Operating Budget for FY 2022-23. Ongoing renewal costs are subject to the annual appropriation of funds.
California Environmental Quality Act (CEQA):
By the definition provided in the California Environmental Quality Act (CEQA) Guidelines Section 15378, this action does not qualify as a “project” for the purpose of CEQA as this action has no potential to result in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
RECOMMENDATION:
Adopt a resolution authorizing the City Manager to execute the five-year agreement with Hadronex, Inc. doing business as SmartCovers Systems for alert system services related to the deployment of SmartLevel Sewer Monitoring System units for the not-to-exceed amount of $209,835.85, subject to the annual appropriation of funds and approval as to form by the City Attorney.
Attachment(s):
2. Original Sole Source
3. Resolution
101
Item # 13.
102
Item # 13.
103
Item # 13.
104
Item # 13.
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS APPROVING THE SOLE SOURCE AGREEMENT FWITH HADRONEX, INC. FOR ALERT SYSTEM SERVICES
RELATED TO THE DEPLOYMENT OF SMARTLEVEL SEWER MONITORING SYSTEM UNITS FOR A NOT-TO-EXCEED AMOUNT OF $209,835.85
WHEREAS, Section 1-2-3.06 of the Milpitas Municipal Code authorizes the City Council to award contracts without competition when the Purchasing Agent determines that there is only one source for the required supply or service; and
WHEREAS, Hadronex, Inc., doing business as SmartCover Systems, is the creator, manufacturer, and ma rketer of systems and products, including SmartCover, SmartFLOE, SmartVault, SmartWeir, SmartClean, SmartTank, SmartTrend, SmartRain, SmartTide, and StreamWatch; and
WHEREAS, the SmartCover family of products are both patented and proprietary systems , designed and manufactured by Hadronex, Inc. to provide users with unique qualities and functions based on acquiring water level and/or flow data in the sewer collection system or other structures with open channel flows, using ultrasonic technology combined with embedded analytics and data fusion; and
WHEREAS, SmartLevel Monitoring System is a pro -active monitoring system, providing two - way wireless communications, real-time continuous remote sensing and alarms, web base interface, long and short-term data collection and analysis which results in proactive measures to reduce and prevent sanitary sewer overflows; and
WHEREAS, the Public Works Department has researched alternative products and has come to the conclusion that the SmartCover System is the only system of its kind and is the best value over the other possible options. After conducting a good faith review of the available sources and pursuant to Milpitas Municipal Section I-2-3.09, the City’s Purchasing Agent has determined that Hadronex, Inc., is the only sewer monitoring system that meets the City’s requirements; and
WHEREAS, the City has purchased and installed 35 SmartCover devices at strategic manhole locations adjacent to water bodies and creeks to prevent contaminants from entering nearby waterways in the event of a sanitary sewer overflow; and
WHEREAS, the execution of the five -year sole source agreement with Hadronex, Inc. for alert system services related to the deployment of SmartLevel Sewer Monitoring System units for the not -to- exceed amount of $209,835.85 will provide continuous, uninterrupted satellite communication service and safeguard proper operation of the Smart Cover units deployed throughout the City.
NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:
1. The City Council has considered the full record before it, which may include but is not limited to such things as the staff report, testimony by staff and the pub lic, and other materials and evidence submitted or provided to it. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.
105
Item # 13.
2 Resolution No. ____
2. The City Council does hereby approve the sole source agreement with H adronex, Inc. related to the deployment of SmartLevel Sewer Monitoring System Units for a not-to- exceed amount of $209,835.85 subject to approval as to form by the City Attorney.
PASSED AND ADOPTED this day of , 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
_____________________________ __________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor
APPROVED AS TO FORM:
_____________________________
Michael Mutalipassi, City Attorney
106
Item # 13.
CITY OF MILPITAS
AGENDA REPORT
(AR)
Item Title: Accept a State of California Parks and Recreation grant in the amount of $224,543.00 for Sunnyhills Albert Augustine Jr. Memorial Park and Appropriate the Funds to CIP No. 3500 (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409)
Category: Consent Calendar-Community Services and Sustainable Infrastructure
Meeting Date: 12/20/2022
Recommendation: Accept a State of California Parks grant in the amount of $224,543.00 for Sunnyhills Albert Augustine Jr. Memorial Park and appropriate the funds to CIP No. 3500 and find all potential significant effects sufficiently analyzed by the December 14, 2021 Negative Declaration.
BACKGROUND:
The California Department of Parks and Recreation Office of Grants and Local Services (OGAL) strives to address California’s diverse recreational, cultural and historical resource needs by developing grant programs, administering funds, offering technical assistance, building partnerships and providing leadership through quality customer service. The OGAL Per Capita Program originates from Proposition 68 and was placed on the ballot via Senate Bill 5 and was approved by voters on June 5, 2018. Funds are available for local park rehabilitation, creation, and improvement grants to local governments on a per capita basis. Grant recipients are encouraged to utilize awards to rehabilitate existing infrastructure and to address deficiencies in neighborhoods lacking access to the outdoors.
On April 5, 2022, the City Council adopted a Resolution approving the application for $224,543 Per Capita Grant Funds from the State Department of Parks and Recreation. Per the allocation formula, the City received the aforementioned grant amount.
On December 6, 2022, the City Council awarded a construction contract to G&G Builders Inc. in the amount of $872,059.00 for the rehabilitation of up to eleven City Parks project, which included the Sunnyhills Albert Augustine Jr. Memorial Park, and authorized the City Manager to negotiate and execute contract change order(s) in an aggregate amount not to exceed $468,514.00 subject to appropriation of OGAL grant funds.
Analysis:
Per the OGAL Per Capita Program (Program), eligible projects must be capital outlay for recreational purposes, either acquisition or development, and can only have one location. Projects not serving a “severely disadvantaged community” which is defined by the Program as median households whose income is less than 60% of the statewide average, require a 20% match. Grantees must use the grant funds to supplement existing project expenditures, not replace them.
Considering the Program project eligibility and matching requirements for severely disadvantaged comminutes, staff submitted a project application for Sunnyhills Albert Augustine Jr. Memorial Park. This action appropriates the funds to the CIP Project titled ARPA Park Rehabilitation – DPW (CIP No. 3500).
FISCAL IMPACT:
Appropriate $224,543 to ARPA Park Rehabilitation – DPW CIP No. 3500. Funding source of $224,543 comes from State Contributions – Recreation. As of 12/13/2022, the balance in CIP 3500 is $1,116,000.
California Environmental Quality Act (CEQA):
107
Item # 14.
In accordance with CEQA Guidelines Section 15371, the Milpitas City Council adopted an Initial Study/Negative Declaration (IS/ND) on December 14, 2021, in conjunction with adoption of the Milpitas Parks and Recreation Master Plan. The IS/ND analyzed all potentially significant effects for projects consistent with the Master Plan, and no further action is necessary under CEQA.
RECOMMENDATION:
Accept a State of California Parks and Recreation grant in the amount of $224,543 for Sunnyhills Albert Augustine Jr. Memorial Park and Appropriate the Funds to CIP No. 3500 and find all potential significant effects sufficiently analyzed by the December 14, 2021 Negative Declaration.
Attachment(s):
Budget Change Form
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Item # 14.
City of Milpitas, California
BUDGET CHANGE FORM
From* To*
Type of Change
Account
Amount
Account
Amount
Check one:
Budget Appropriation
Budget Transfer
331-9513500153566
$224,543
331-951350074800 $224,543
Accept a State of California Parks grant in the amount of $224,543 for Sunnyhills Augustine Park and Appropriate the Funds to CIP No. 3500.
Background:
The California Department of Parks and Recreation Office of Grants and Local Services (OGAL) strives to address California’s diverse recreational, cultural and historical resource needs by developing grant programs,
administering funds, offering technical assistance, building partnerships and providing leadership through quality customer service. The OGAL Per Capita Program originates from Proposition 68 and was placed on the ballot via Senate Bill 5 and was approved by voters on June 5, 2018. Funds are available for local park rehabilitation, creation, and improvement grants to local governments on a per capita basis. Grant recipients are encouraged to utilize awards to rehabilitate existing infrastructure and to address deficiencies in neighborhoods lacking access to the outdoors.
$224,543 in grant funds are available and earmarked for the City of Milpitas, thus City staff applied for these grant funds to support repairs and improvements to the City of Milpitas’ parks system.
Analysis:
Per the OGAL Per Capita Program (Program), eligible projects must be capital outlay for recreational purposes, either acquisition or development, and can only have only have one location. Projects not serving a “severely disadvantaged community” which is defined by the Program as median households whose income is less than 60% of the statewide average, require a 20% match. Grantees must use the grant funds to supplement existing project expenditures, not replace them.
Considering the Program project eligibility and matching requirements for severely disadvantaged comminutes, staff submitted a project application for Sunnyhills Augustine Park.
Per the OGAL Per Capita Program process, a Resolution approving the filing of the application packet is was approved by City Council on April 5, 2022. Funding for playground repairs and improvements to Sunnyhills Augustine Park were approved by City Council on December 6, 2022, as part of the APRA Park Rehabilitation – DPW, CIP No. 3500. This project(s) is consistent with the grantee’s Parks and Recreation Master Plan.
Policy Alternatives:
N/A
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Item # 14.
Fiscal Impact:
Appropriate $224,543 to ARPA Park Rehabilitation – DPW CIP No. 3500. Funding source of $224,543 comes from State Contribution - Recreation. As of 12/13/2022, the balance in CIP 3500 is $1,116,000.
California Environmental Quality Act:
The City Council’s action in adopting this Resolution is exempt from environmental review pursuant to CEQA Guideline 15378(b)(4) as a governmental fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. Instead, if funding is provided, staff will look at the financial allocation and return to the City Council with a specific project or projects along with any required CEQA analysis prior to any discretionary action being taken.
Recommendation:
Accept a State of California Parks and Recreation grant in the amount of $224,543 for Sunnyhills Augustine Park and Appropriate the Funds to CIP No. 3500.
Attachments:
1. Per Capita Grant Application
2. Budget Change Form
Check if City Council Approval required. Meeting Date: December 20, 2022
Requested by: Department Head: Renee Lorentzen Date: December 20, 2022 Reviewed by: Finance Director: Lauren Lai Date: December 20, 2022
Date approved by City Council, if required: Confirmed by:
FI/24786/V Form 30-222 (Rev. 1/92)
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Item # 14.