Agenda packet — Milpitas City Council, March 7, 2023

REGULAR MEETING OF THE MILPITAS

CITY COUNCIL

March 7, 2023 Milpitas City Council Agenda Page 1

AG E N D A
TUESDAY, MARCH 7, 2023
CITY COUNCIL CHAMBERS, 455 E CALAVERAS BLVD, MILPITAS, CA 6:00 PM (CLOSED SESSION)
7:00 PM (PUBLIC BUSINESS)

For assistance in the following languages, you may call:

Đối với Việt Nam, gọi 408-586-2400
Para sa Tagalog, tumawag sa 408-586-3051
Para español, llame 408-586-3072
The City Council meeting is held in the City Council Chamber at City Hall, 455 E. Calaveras Blvd., Milpitas and via teleconference/Zoom webinar.

Councilmember Garry Barbadillo will participate remotely from:
5329 Thunder Ridge Cir.

Rocklin, CA 95765
Pursuant to California Government Code Section 54953

You may watch the Council meeting without providing public comment by accessing it via links here.

Meeting shall be livestreamed - Go to:

Facebook: https://www.facebook.com/CityofMilpitas/
YouTube: https://www.milpitas.gov/youtube
Web Streaming: https://www.milpitas.gov/webstreaming

PUBLIC COMMENT INSTRUCTIONS
Oral public comments may be provided live during the City Council meeting in person or by registering for the zoom meeting in advance. To register you will need to provide an email address (not disclosed) and a name. To minimize technical difficulties, please make sure that you have the latest version of the Zoom Application. Below is the link to register for this meeting only:
https://ci-milpitas-ca-gov.zoom.us/webinar/register/WN_jmTnUd7JTMWvMkWWfisPzg 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.

1 March 7, 2023 Milpitas City Council Agenda Page 2

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.

CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk (6:00 PM)

ADJOURN TO CLOSED SESSION
(a) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2) Facts and circumstances of a transactional occurrence related to fees charged for the use of sanitary sewer.

City as Defendant

(b) CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1)
City as Plaintiff
County Sanitation District 2-3, et al. v. The City of San Jose, et al. Santa Clara Superior Court case no. 18CV325480
CLOSED SESSION ANNOUNCEMENT:

Report on action taken in Closed Session, if required per Government Code Section 54957.1, including the vote or abstention of each member present.

PLEDGE OF ALLEGIANCE (Mayor Montano)
INVOCATION (Councilmember Barbadillo)
PRESENTATIONS (7:05 PM)
 American Red Cross Month (Proclamation)
 National Women's History Month (Proclamation)
 Youth Art Month (Proclamation)
 25th Annual Women in Construction Week (Proclamation)  CEDAW Task Force Certificates of Appreciation
PUBLIC FORUM (7:25 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) 2 March 7, 2023 Milpitas City Council Agenda Page 3

APPROVAL OF AGENDA
CONSENT CALENDAR (7:30 PM)
Consent calendar items are considered to be routine and will be considered for adoption by one motion. There will be no separate discussion of these items unless a City Councilmember, member of the audience or staff requests the Council to remove an item from (or be added to) the consent calendar. Any person desiring to speak on any item on the consent calendar should ask to have that item removed from the consent calendar.

C1. Receive City Council Calendar of Meetings for March 2023 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive City Council Calendar of Meetings for March 2023.

C2. Approve City Council City Council Regular Meeting Minutes of February 21, 2023 (Staff Contact:

Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Approve City Council Regular Meeting minutes of February 21, 2023.

C3. 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.

C4. 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.

C5. Accept Commissioner Resignation (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001) Recommendation: Accept the resignation of Barbara Ebright from the Senior Advisory Commission and direct the City Clerk to post the notice of unscheduled vacancy.

C6. Authorize the City Manager to execute the Non-Exclusive License Agreement between the City of Milpitas and Crown Castle Fiber LLC, a New York Limited Liability Company, for the installation of Small Cell Facilities on Municipal Facilities (Staff Contact: Roberto Alonzo, Principal Civil Engineer, 408-586-3316)
Recommendation: Authorize the City Manager to execute the Non-Exclusive License Agreement between the City of Milpitas and Crown Castle Fiber LLC, a New York Limited Liability Company, for the installation of Small Cell Facilities on Municipal Facilities and find a CEQA exemption.

C7. Adopt a Resolution Granting Acceptance of Alviso Adobe Renovation. (Phase V – Exhibits), Project No. 5055, Authorizing the City Engineer or other appropriate representative designated by the City Manager, to File a Notice of Completion, and Authorize the City Engineer, or other appropriate representative designated by the City Manager, to Issue a Notice of Final Acceptance after the One-Year Warranty (Staff Contact: Michael Silveira, Capital Improvement Program Manager, 408-586-3303)
Recommendation: Adopt a Resolution granting acceptance of Alviso Adobe Renovation (Phase V – Exhibits), Project No. 5055; authorizing the City Engineer, or other appropriate representative designated by the City Manager, to file a Notice of Completion, and authorizing the City Engineer, or 3 March 7, 2023 Milpitas City Council Agenda Page 4

other appropriate representative designated by the City Manager, to issue a Notice of Final Acceptance after the one-year warranty.

C8. Adopt a Resolution Initiating Proceedings for the Annual Levy and Collection of Assessments and Ordering the Preparation of the Annual Engineer’s Report for Landscaping and Lighting Maintenance Assessment District No. 95-1 (McCarthy Ranch) (Staff Contact: Roberto Alonzo, Principal Civil Engineer, 408-586-3316)
Recommendation: Adopt a resolution initiating proceedings for the Annual Levy and Collection of Assessments and Ordering the Preparation of the Annual Engineer’s Report for Landscaping and Lighting Maintenance Assessment District No. 95-1 (McCarthy Ranch).

C9. Adopt a Resolution Initiating Proceedings for the Annual Levy and Collection of Assessments and Ordering the Preparation of the Annual Engineer’s Report for Landscaping and Lighting Maintenance Assessment District No. 98-1 (Sinclair Horizon) (Staff Contact: Roberto Alonzo, Principal Civil Engineer, 408-586-3316)
Recommendation: Adopt a resolution initiating proceedings for the Annual Levy and Collection of Assessments and ordering the preparation of the Annual Engineer’s Report for Landscaping and Lighting Maintenance Assessment District No. 98-1 (Sinclair Horizon).

C10. Adopt a Resolution Granting Acceptance of Public Improvements and Approve a Reduction of the Faithful Performance Bond for the Lantana Apartments Residential Project and Grant Authorization to the City Engineer to Release the Performance Bond after the One-Year Warranty Period (Staff Contact: Roberto Alonzo, Principal Civil Engineer, 408-586-3316) Recommendation: Adopt a resolution granting acceptance of the completed public improvements for the Lantana Apartments Residential Project as shown on Public Improvement Plans No. 2-1235; and approve a reduction in the faithful performance bond to $112,250.00, which is 25% of the security’s original value which shall be in effect for the duration of the warranty period; and grant authorization to the City Engineer to release the performance bond after the one-year warranty period without further City Council action provided that all required warranty work is completed to the satisfaction of the City Engineer.

C11. Approval of Fourth Amendment to Memorandum of Agreement with Other Santa Clara Valley Municipalities to Allow for the Continuation of the Santa Clara Valley Urban Runoff Pollution Prevention Program (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Elaine Marshall, Deputy Public Works Director, 408-586-2603) Recommendation: Authorize the City Manager to execute the Fourth Amendment to the Memorandum of Agreement (MOU) for the Santa Clara Valley Urban Runoff Pollution Prevention Program which will allow for a five (5) year extension of the MOU with no change to the existing 2.75% cost share for the City of Milpitas.

C12. Adopt a Resolution to Appoint Second Council Liaison to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Community Task Force (Staff Contact:

Suzanne Guzzetta, City Clerk, 408-586-3001; and Mayor Montano, 408-586-3024) Recommendation: (1) Adopt a resolution approving the addition of a second City Council Liaison to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Task Force; and (2) Approve the Mayor's Appointment of Vice Mayor Evelyn Chua as the second City Council Liaison to the CEDAW Task Force.
4 March 7, 2023 Milpitas City Council Agenda Page 5

C13. Consider the Recommendation from Mayor Montano for Appointments to City Commissions (Contact: Mayor Montano, 408-586-3024)
Recommendation: Receive the recommendation from Mayor Montano and approve appointments to City Commissions.

C14. Adopt a Resolution to End the Emergency Proclaimed by then Interim City Manager on March 12, 2020, and Ratified by the City Council on March 17, 2022 (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3056)
Recommendation: Adopt a resolution of the City Council of the City of Milpitas for Termination of the Proclamation of Local Emergency regarding Novel Coronavirus (COVID-19).

PUBLIC HEARINGS (7:35 PM)
Members of the public may be allotted up to three (3) minutes or less at the Mayor’s discretion, to comment on any public hearing item. Applicants/Appellants and their representatives may be allotted up to a total of ten (10) minutes for opening statements and up to a total of five (5) minutes maximum for closing statements. Items requested/recommended for continuance are subject to Council’s consent at the meeting.

15. Conduct a Public Hearing for the 2023 Weed Abatement Program and Adopt a Resolution to Abate the Weeds (Staff Contact: Arthur Belton, Deputy Fire Chief/Fire Marshal, 408-586-3384) Recommendation: Conduct a public hearing and adopt a resolution directing the County of Santa Clara Consumer and Environmental Protection Agency - Weed Abatement Program to abate the nuisance, keep an account of the cost, and embody such account in a report and assessment list to the City Council in accordance with the Milpitas Municipal Code.

16. Conduct a Public Hearing and Introduce an Ordinance Amending Title III “Business and Professions” of the Milpitas Municipal Code to add Chapter 9 “Permits for Retailers of Tobacco Products” (Staff Contact: Ned Thomas, Planning Director, 408-586-3273)

Recommendation: Continue to Regular Meeting of April 4, 2023.

COMMUNITY SERVICES AND SUSTAINABLE INFRASTRUCTURE (8:00 PM)

17. Update on Street Sweeping Pilot Project Expansion (CIP #3455) (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Elaine Marshall, Deputy Public Works Director, (408) 586-2603)
Recommendation: Receive a presentation on the options for expanding the Pilot Street Sweeping Program and support staff’s recommendation to perform additional survey work and return to the Mayor and City Council to discuss next steps following completion of the surveys.

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS (9:00 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 (9:05 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 5 March 7, 2023 Milpitas City Council Agenda Page 6

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.

6 Milpitas City Council Calendar
March 2023

Sunday Monday Tuesday Wednesday Thursday Friday Saturday

1 2:00 PM-Santa Clara VTA Monthly
Briefing - Northeast Group (CM)
(Virtual)
2:30 PM-SCC Emergency Operational
Area Council (CM)
7:00 PM-Community Advisory
Commission (AP)

2 3:00 PM-Ad Hoc Parks, Streets and
Facilities Naming Subcommittee
(CM/EC)
5:30 PM-Santa Clara VTA Board of
Directors (CM)
5:30 PM-Milpitas Chamber of
Commerce Board (GB)

3 9:00 AM-VTA Board of Directors
Workshop (CM)
4 11AM-2PM-
Holi Festival
(Cardoza
Park)
5 6
7:00 PM-Parks, Recreation & Cultural
Resources Commission (HL)

7 6:00 PM-Closed Session
7:00 PM-City Council

8 7:00 PM-Silicon Valley Clean Energy
Board of Directors (EC) (Cupertino)

9 4:00 PM-Santa Clara VTA Policy
Advisory Committee (EC)
6:00 PM-Youth Advisory Commission
(HL)
6:00 PM-Cities Association
Legislative Action Committee (CM)
7:00 PM-Cities Assoc of SCC (CM)

10 11

12 13
4:30 PM-Economic Development and
Trade Commission (CM)

14 4:00 PM-Milpitas HOPE Task Force
15 6:00 PM-Energy and Environmental
Sustainability Commission (EC)

16 3:00 PM-VTA Safety, Security, and
Transit Planning and Operations
Committee (CM)
5:30 PM- Measure F Oversight
Committee
6:30 PM-Bay Area Water Supply
Conservation Agency (CM)
7:00 PM-Public Safety and
Emergency Preparedness Commission
(HL)

17 18

19 20
7:00 PM-Library and Education
Commission (EC) (Milpitas Public
Library)

21 6:00 PM-Closed Session
7:00 PM-City Council

22 4:00 PM-City/School Collaborative
Subcommittee (CM/EC)
7:00 PM-Planning Commission

23 4:00 PM-Silicon Valley Regional
Interoperability Authority (SVRIA)
(GB)

24 25

26 27
7:00 PM-Arts Commission (AP)

28 29

30 31

Cesar Chavez Day
City Hall Closed

*Finance Subcommittee will only meet as needed

February 2023

S M T W T F S
1 2 3
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28

April 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 7
Item # C1.

REGULAR MEETING OF THE MILPITAS

CITY COUNCIL

February 21, 2023 Milpitas City Council Minutes Page 1

M I NU TE S
TUESDAY, FEBRUARY 21, 2023

The City Council of the City of Milpitas convened in a Regular Meeting of the Milpitas City Council on February 21, 2023, 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 Montano called the Regular City Council meeting to order at 7:06 PM. Roll Call was taken by City Clerk Guzzetta.

PRESENT: Mayor Montano, Vice Mayor Chua, Councilmembers Barbadillo, Lien, and Phan.

ABSENT: None.

PLEDGE OF ALLEGIANCE
Mayor Montano led the Pledge of Allegiance.

INVOCATION
Councilmember Lien presented the invocation.

PRESENTATIONS
Mayor Montano presented a proclamation in recognition of Rare Disease Day.

PUBLIC FORUM

There were the following public speakers:

1. Rob Means

2. Paul Ellis

3. Tom Valore

4. Joseph Weinstein

5. Voltaire Montemayor

6. Anna Nguyen

7. Christopher Martin

8. Frank Bush

9. Uyenthy Nguyen

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
8 Item # C2.

February 21, 2023 Milpitas City Council Minutes Page 2

Vice Mayor Chua read the Code of Conduct.

APPROVAL OF AGENDA
Motion: to approve the February 21, 2023 Regular Meeting Agenda.

Motion/Second: Vice Mayor Chua / Councilmember Lien
Motion carried by the following:

AYES: Councilmembers Barbadillo, Lien, Phan, Vice Mayor Chua, and Mayor Montano NOES: None

CONSENT CALENDAR

Motion: to pull Items C9 and C10 and defer to the next City Council meeting.

Motion/Second: Councilmember Barbadillo / Vice Mayor Chua Motion carried by the following:

AYES: Councilmembers Barbadillo, Vice Mayor Chua, and Mayor Montano NOES: Councilmembers Lien and Phan

Motion: to approve the Consent Calendar and pull Item C6.

Motion/Second: Vice Mayor Chua / Councilmember Barbadillo Motion carried by the following:

AYES: Councilmembers Barbadillo, Lien, Phan, Vice Mayor Chua, and Mayor Montano NOES: None

C1. Receive City Council Calendar of Meetings for February and March 2023 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Received City Council Calendar of Meetings for February and March 2023.

C2. Approve City Council City Council Regular Meeting Minutes of February 7, 2023, and Special Meeting Minutes of February 2, 2023 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001) Approved City Council Regular Meeting minutes of February 7, 2023, and Special Meeting Minutes of February 2, 2023.

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 provided direction to staff as necessary.

C5. Accept Commissioner Resignation (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001) Accepted the resignation of Karen Adams from the Senior Advisory Commission and directed the City Clerk to post the notice of unscheduled vacancy.
9 Item # C2.

February 21, 2023 Milpitas City Council Minutes Page 3

C7. Authorize City Manager’s Response Letter to the December 14, 2022 Santa Clara County Civil Grand Jury Final Report “Show Me the Money: Financial Transparency Needed” (Staff Contact:

Lauren Lai, Finance Director, 408-586-3111; and Michael Mutalipassi, City Attorney, 408-586- 3040)
Authorized the City Manager to send a letter in response to the December 14, 2022 Santa Clara County Civil Grand Jury Final Report “Show Me the Money: Financial Transparency Needed” pursuant to Penal Code Section 933.

C8. Adopt a Resolution Approving a Site Development Permit to Develop a New Two-story, Single- family Residence with an Attached Accessory Dwelling Unit, an In-Ground Swimming Pool/Spa, and Associated Site Improvements on a Vacant 4.29-acre Lot Located in the R1-H Single-family Residential Zoning District with a Hillside Combining District at 531 Vista Ridge Drive (Staff Contact: Ned Thomas, Planning Director, 408-586-3273)
Considered the exemption in accordance with CEQA and adopted Resolution No. 9218 approving Site Development Permit No. SD22-0001, subject to the attached conditions of approval.

C9. Authorize the City Manager to execute the Non-Exclusive License Agreement between the City of Milpitas and Crown Castle Fiber LLC, a New York Limited Liability Company, for the installation of Small Cell Facilities on Municipal Facilities (Staff Contact: Roberto Alonzo, Principal Civil Engineer, 408-586-3316)
Deferred to March 7, 2023.

C10. Adopt a Resolution Granting Acceptance of Alviso Adobe Renovation. (Phase V – Exhibits), Project No. 5055, Authorizing the City Engineer or Other Appropriate Representative Designated by the City Manager to File a Notice of Completion, and Authorize the City Engineer or Other Appropriate Representative Designated by the City Manager to Issue a Notice of Final Acceptance after the One-Year Warranty (Staff Contact: Michael Silveira, Capital Improvement Program Manager, 408-586-3303)
Deferred to March 7, 2023.

C11. FY 2022-23 2nd Quarter Financial Status Report for the Quarter Ended December 31, 2022 (Staff Contact: Lauren Lai, Finance Director, 408-586-3111)
Reviewed the FY 2022-23 Quarterly Financial Status Report for the quarter ended December 31, 2022.

PUBLIC HEARINGS

12. Conduct a Public Hearing and Introduce an Ordinance Amending Title III “Business and Professions” of the Milpitas Municipal Code to add Chapter 9 “Permits for Retailers of Tobacco Products” (Staff Contact: Ned Thomas, Planning Director, 408-586-3273) Continued to Regular Meeting of March 7, 2023.

LEADERSHIP AND SUPPORT SERVICES

13. Review Fiscal Year 2022-23 Mid-Year Report, Approve FY2022-23 Mid-year Budget Amendments, Adopt a Resolution Amending Resolution No. 1626, the Classification Plan, to Reclassify Positions, Approve and Adopt the Pay Schedule titled “New Job Classifications/Salary Table (Staff Contact: Lauren Lai, Finance Director, 408-586-3111) 10 Item # C2.

February 21, 2023 Milpitas City Council Minutes Page 4

Reviewed the FY 2022-23 Mid-Year Report; approved FY 2022-23 Mid-Year Budget Amendments; and adopted Resolution No. 9219 amending Resolution No. 1626, the Classification Plan, to reclassify positions, approve and adopt the pay schedule titled “New Job Classifications/Salary Table”, and amend budgeted allocated positions.

Finance Director Lai presented the report.

There were no public speakers.

Finance Director Lai and Assistant City Manager Kantak responded to questions from the City Council.

Vice Mayor Chua observed that the City’s goal for the next budget cycle should be to reduce overtime.

She also asked for staff to provide a list of all consultants for the last year, the projects they have, and contract amounts.

Councilmember Barbadillo asked for more information on Fire Department overtime.

After discussion, Councilmember Lien made a motion: to review the FY 2022-23 Mid-Year Report, to approve FY 2022-23 Mid-Year Budget Amendments; and to adopt Resolution No. 9219 amending Resolution No. 1626, the Classification Plan, to reclassify positions, approve and adopt the pay schedule titled “New Job Classifications/Salary Table”, and amend budgeted allocated positions.

Vice Mayor Chua seconded the motion but asked to amend the motion to include direction to staff to provide an informational memorandum on Fire Department overtime and provide a list of all consultants for the last year, their projects, and contract amounts. Councilmember Lien accepted the amendment.

Motion/Second: Councilmember Lien / Vice Mayor Chua
Motion carried by the following:

AYES: Councilmembers Barbadillo, Lien, Phan, Vice Mayor Chua, and Mayor Montano NOES: None

14. Receive Report on the American Rescue Plan Act (ARPA) Investment Plan and Provide Direction on Changes, if Any (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586- 3053; and Lauren Lai, Finance Director, 408-586-3111)
Received report on the American Rescue Plan Act (ARPA) Investment Plan and provided direction on changes, if any.

Assistant City Manager Kantak introduced the item. Finance Director Lai presented the report.

There were the following public speakers:

1. Tom Valore

2. Yolie Garcia

3. Bill Korbe
Vice Mayor Chua suggested reallocating funds from the Chamber of Commerce in an amount of $51,500.00 to the Business Improvement District, and at least $50,000.00 to Hotel Accommodations for the Unhoused.

Councilmember Lien proposed reallocating the entirety of the Chamber of Commerce allocation to assist the unhoused.

Councilmember Barbadillo asked for further information on the staff meeting with the Chamber of Commerce and questioned if the Chamber representatives discussed their ARPA request. 11 Item # C2.

February 21, 2023 Milpitas City Council Minutes Page 5

Councilmember Barbadillo requested that if the funding is reallocated, that there be the opportunity for the Chamber of Commerce to ask for funding assistance. In addition, he supported reallocations to Public Safety such as additional pedestrian crossings, to Community Services for homeless students, to Social Services funding for more services to seniors, and reallocate funds to explore a Citywide Senior Discount Program.

Councilmember Phan agreed that the Chamber of Commerce funds should be reallocated entirely. He spoke in support of reallocating funds for Business Improvement District and Workforce Development.

Councilmember Phan voiced concerns for reallocating $30,000 from LGBTQIA+ supportive services to “Family Friendly” programs. He agreed with Councilmember Lien’s suggestion for allocating resources to the unhoused and supported Councilmember Barbadillo’s request to reallocate funds related to exploring a Citywide Senior Discount.

Mayor Montano supported reallocation to the Business Improvement District, Hotel Vouchers, and exploring a Senior Discount Program. She asked to consider reallocations for a feasibility study for Parcel 2 and 3 for a police substation, a safe parking space with a day worker program, Main Street Christmas holiday decorations, consider a reduction for the Rent and Mortgage Relief Program from $5000 to $3000 to assist a greater number of participants, and graffiti abatement through Beautify Milpitas.

Police Chief Hernandez, Assistant City Manager Kantak, Deputy City Manager Cano, and Finance Director Lai responded to questions from Councilmember Barbadillo and Vice Mayor Chua regarding Public Safety and Infrastructure allocations.

Vice Mayor Chua asked to include at least one ADU workshop a year for the next three years as part of Community Events.

After discussion, Vice Mayor Chua made a motion: to defund the Pilot Curbside Trash Pick Up Program in an amount of $85,000, Small Business Assistance Program in an amount of $4,900, Sustainable Neighborhood Program in an amount of $60,000, and Milpitas Chamber of Commerce Program in an amount of $200,000; to allocate $51,500 from other programs to contract for the Business Improvement District; to direct staff to find a LGBTQIA+ youth services provider in the Social Services Program; to reallocate $70,000 within the Workforce Development Program for Youth Force; and support staff’s recommendation to reallocate the $97,000 within the parks appropriation to Selwyn Park.

Motion/Second: Vice Mayor Chua / Councilmember Phan
Motion carried by the following:

AYES: Councilmembers Barbadillo, Lien, Phan, Vice Mayor Chua, and Mayor Montano NOES: None

ITEMS PULLED FROM CONSENT CALENDAR
C6. Approve Proposed Edits to the City Council Procedures and Protocols Handbook (Staff Contact: Michael Mutalipassi, City Attorney, 408-586-3041) Approved proposed edits to the City Council Procedures and Protocols Handbook.

Councilmember Lien voiced concerns that the City Council was not seated as to the policy detailed in the handbook. She asked the City Council to be seated as described in the policy.

Mayor Montano suggested agendizing a special meeting to review the Council Handbook.

Motion/Second: Councilmember Lien / Vice Mayor Chua
Motion carried by the following:
12 Item # C2.

February 21, 2023 Milpitas City Council Minutes Page 6

AYES: Councilmembers Barbadillo, Lien, Phan, Vice Mayor Chua, and Mayor Montano NOES: None

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
Councilmember Lien asked staff to look into improving the sound system at the Milpitas Community Center.

Vice Mayor Chua requested lights to be added to Gill Park for night time usage.

ADJOURNMENT
Mayor Montano adjourned the meeting at 10:40 PM.

Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta

13 Item # C2.

TENTATIVE CITY COUNCIL AGENDA ITEM LIST
as of 3/2/2023

March 21, 2023 – Regular Meeting

CLOSED SESSION

INVOCATION (Councilmember Barbadillo)

PRESENTATION
 STEM Milpitas Student Winners

CONSENT CALENDAR

1. Receive City Council calendar for March and April 2023 (City Clerk)

2. Approve City Council Meeting minutes of February 28 and March 7, 2023 (City Clerk)

3. Preview list of items for April 4, 2023 (City Clerk)

4. Councilmember Request List (City Clerk)

5. Commission Appointments (Mayor)

6. Adopt a Resolution to Approve Project Plans and Specifications, Award Construction Contract to DeSilva Gates Construction for Street Resurfacing Project No. 4283, 4303, 4304; and Approve Budget Change Form (Engineering)

7. Plante Moran contract amendment - Financial & HR process assessment and ERP & HRIS procurement support (Finance)

8. Cal-OES Designation of Applicant's Agent Resolution for Non-State Agencies (Fire)

9. Annual Progress Report/Successor Agency Report (Housing)

PUBLIC HEARING

10. Water and Sewer Rate 5-Year Increases (Public Works)

COMMUNITY DEVELOPMENT

11. Housing Update (Housing)

12. 1000 Hillview Quarterly Update (City Manager)

COMMUNITY SERVICES

PUBLIC SAFETY

LEADERSHIP

13. Open Government Ordinance Amendments (City Attorney)

REPORTS
14 Item # C3.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
Request
No. Topic Submitted by:

Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
1 Add lights to Gill Park for Nightime Usage Chua 2/21/2023 At the February 28, 2023 CIP Study Session,
Council asked for an inventory of parks with
types of lighting available.
2 Staff look into improving the sound system at
Milpitas Community Center Lien 2/21/2023
On 2/23/23, City Manager sent an email
update detailing staff changes to working with
organizers to ensure they are aware of the
system limitations.
3 Look into purchasing a larger electronic billboard for Library Montano 2/7/2023
At the February 28, 2023 CIP Study Session,
the Council opted to discuss at the next
prioritization session in June 2023
4 City Manager write a congratulatory letter from the
Council to newly elected Sheriff Bob Jonsen and
express support for two platforms: 1) form
partnership among cities to address crimes in Santa
Clara County; and 2) and modernizing booking for
detainees / suspects streamline the process Chua 2/7/2023 Letter was sent to Sheriff Jonsen on February
22 5
Have the City look into the possibility of a Citywide
Senior Discount Barbadillo 2/7/2023
This item will be discussed at the next
quarterly prioritization in June 2023
6 See if City Manager and staff could assist in finding a month and day to celebrate an International
Cultural Festival on Main Street Lien 2/7/2023
This item will be discussed at the next
quarterly prioritization in June 2023
7 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.
8 Schedule an additional ADU workshop Chua 9/6/2022
Similar to last year, staff will support any
webinar hosted by a community partner.
9 Discuss converting vacant lot that was a basketball
court into a community garden at Vasona and
Adobe Montano 8/16/2022
Item brought forward as part of the City
Council additional workplan items
prioritization in February 2023. Mayor
Montano asked it come back after a survey of
residents was completed to determine
community support. At the February 28, 2023
CIP Study Session, Council asked staff to
ask the nearby community for their input on
other uses they would want for the property.
10 Quarterly or Monthly crime statistics on Homekey
Project Chua 6/7/2022
PD will present quarterly reports starting on
November 15, 2022.

Request
No. Topic Submitted by:

Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:

OPEN ITEMS

ACTIVE ITEMS
NOTE: Deferred and Completed Items are not listed15
Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
Request
No. Topic Submitted by:

Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
11 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. Staff, in partnership with
NOVAworks, provided information about past
and upcoming layoffs, wage and labor data
as well as job and career resources available
to Milpitas residents and businesses at the
Economic Development and Trade
Commission meeting on January 9, 2023.

City staff is continuing to partner with
NOVAworks by promoting their upcoming
layoff assistance webinars to assist with
career transition and unemployment services
and resources. One webinar took place on
January 24 and other webinars are scheduled
to take plae on February 7 and 21.
12 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
Discussed at February 2023 Quarterly City
Council Workplan Items Prioritization
Discussion; Approved to move forward during
Prioritization Discussion on 2/7/23. At the
2/28/2023 CIP Study Session, Council
directed staff to include funding for a
feasibility analysis.
13 City Manager look into implementing a workshop for
small businesses on the bidding process for
projects in the city Chua 8/9/2022
Discussed at February 2023 Quarterly City
Council Workplan Items Prioritization
Discussion; Approved to move forward during
Prioritization Discussion on 2/7/23
Based on staff research, the best way to try
for a Historical District Designation is at the
National Level. This can be wrapped into the
approved CIP for the Historical Resources
Plan update or through grant consultant
California Consulting.

Request will be included with the Historic
Resources Master Plan project approved as
part of the 2023-2027 Capital Improvement
Program.
15 Request for Crossing Guards at McCandless and
Montague Expressway and review wages for
Crossing Guards Montano 4/5/2022
Info Memos were sent to the City Council on
6/13/2022 and 1/27/2023. At the January 31st
budget study session, Council voted to move
to a contract model; 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.

At the January 31, 2023 City Council budget
hearing, staff was directed to update the
City's Fiscal Policies to provide an option for
a portion of future surplus funding to be
reserved for real estate acquisition. Staff will
include this edit to the Fiscal Policies as part
of the Proposed Fiscal Year 2023‐2024
Operating Budget;
Establish a SPAR fund modelled after the City of
Mountain View - sets asides moneys for
opportunities to buy real estate Montano 6/7/2022
14 Funding to hire a consultant for the Sunnyhills
Historical Designation on a state level Tran 6/7/2022
NOTE: Deferred and Completed Items are not listed16
Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
Request
No. Topic Submitted by:

Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:

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
17 Memorial Plaque in honor of youth skateboarder
that passed away Montano 6/7/2022
At the January 31 2023 City Council budget
hearing, City Council voted to consider this
item in the FY 2023‐24 budget development.;
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
MMC V‐13‐140 Mandatory Plan to Prevent
Cart Removal includes requirement for
physical measures to prevent cart removal
however V‐13‐120 provides an exemption for
cart owner that agrees to enter into a contract
with a City‐designated retrieval service. Staff
suggestion to Council is to review this
exemption and repeal it which would require
all cart owners to have physical measures to
prevent cart removal. Business outreach was
conducted to grocery store operators in Q2 of
2022 to inquire about shopping cart removal
and theft. Grocery stores contacted were
Ocean Supermarket, Seafood City
Supermarket, Chung Chou City, Milpitas
Grocery Outlet, and 99 Ranch Market.

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
19 Explore an ordinance or policy to reduce thefts and
increase security in the commercial retail parking
areas Chua 4/5/2022
CAO conducting legal review of policies
requring businesses to hire security/install
cameras; 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
16 Establish a SPAR fund modelled after the City of
Mountain View - sets asides moneys for
opportunities to buy real estate Montano 6/7/2022
18 Explore the policy for locking mechanisms on
shopping carts for large commercial businesses Tran 4/19/2022 NOTE: Deferred and Completed Items are not listed17
Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
Request
No. Topic Submitted by:

Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
20 Create a plan for future solar paneling at City
facilities Montano 3/1/2022
As discussed with the City Council at the 1/31
/2023 Budget Study Sessio, staff will continue
to explore grant opportunities to
install additional solar panels on City
facilities. However, staff will only proceed with
further development if this grant funding is
identified so work (other than reviewing grant
opportunities) is on hold at this time.

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
No additional funds required to complete the
internal review. Internal review can be done
by late 2023.

Approved during Spring Quarterly City
Council Workplan Items Prioritization
Discussion on 5/03/2022.
22 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.
23 Staff to look into mural Art on Great Mall Parkway
on the VTA owned Light rail pillars Montano 11/16/2021
VTA is not responsive to requests from the
City to meet on this project. A discussion on
other locations or projects with Council may
be needed; 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
Requires legal analysis of 1:21-cv-07695-AT-
SLC DoorDash, Inc. v. city of New York and
3:21-cv-05502-EMC Doordash, Inc. et al v.

City and County of San Francsico. Doordash
v. NYC remains pending and may settle the
law on the matter. CAO will prepare
confidential memorandum for the Council.

Discussed at Spring Quarterly City Council
Workplan Items Prioritization Discussion;
Approved to move forward at the 5/03/2022
meeting
No additional funding needed. Need final
names from City Council.

Approved to move forward at the 1/11/2022
Council meeting; Staff engaged the artist of
the existing mural regarding this Council
approved item.
26 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
25 Have a picture of Albert Vogel Sr. put up in the
Senior Center Montano 10/19/2021
21 Evaluate reopening the childcare center with a non-
profit organization running the center Montano 2/1/2022 24 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
NOTE: Deferred and Completed Items are not listed18
Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
Request
No. Topic Submitted by:

Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:

Maria Lemery is to be included on the Senior
Center Mural. It's not an actual "bust"
Approved to move forward at the 1/11/2022
Council meeting; Staff engaged the artist of
the existing mural regarding this Council
approved item.

Funding for Senior Center hours will be
incorporated in the FY23‐24 budget
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.

Monies budgeted. Roller Rink bids coming
back end of Feb/early March. Event schedule
for August 4 & 5, 2023.

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
30 Staff to create a plan on how to increase the
number of local businesses doing business with the
City Chua 4/6/2021
Staff is tracking this local business
participation item as part of Council Priority
Item 3 in Group 1 on this list; 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.
31 Staff to provide information on a landmark policy for the City of Milpitas Tran 3/16/2021
This is part of the CIP for updating the
Historic and Cultural Resources Plan;
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.

See update to item titled "Request for the City
to make the temporary third-party food deliver
fee caps permanent and add additional
provisions for enforcement"
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.32
Amendment to the existing ordinance for third-party
food delivery vendor services to prohibit regulatory
response fees Phan 2/16/2021
28 Look into opening up the Senior Center on
Saturdays for half a day Chua 8/5/2021
29 Look into bringing back a roller rink Montano 8/5/2021 27 Include a bust of Maria Lemire on the Mural in front of the Senior Center Montano 8/17/2021
NOTE: Deferred and Completed Items are not listed19
Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
Request
No. Topic Submitted by:

Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
33 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.
34 Consider Community Museum and Park on Main St. Phan 8/20/2019 to Rules Subcommittee 8/23/2019. Moved to
Specific Plan Community Conversation
events.

NOTE: Deferred and Completed Items are not listed20
Item # C4.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Accept Commissioner Resignation (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 2/21/2023
Recommendation: Accept the resignation of Barbara Ebright from the Senior Advisory Commission and direct the City Clerk to post the notice of unscheduled vacancy.

BACKGROUND:

In accordance with the City of Milpitas Commission By-Laws adopted as Resolution No. 7702, any member or alternate member of a Commission who is no longer available to serve, must submit a resignation in writing by sending a written communication to the Mayor and the City Clerk. The written resignation must then be accepted and confirmed by City Council via action on the consent calendar at a regularly scheduled City Council meeting. Barbara Ebright submitted a notice of resignation from the Senior Advisory Commission.

ANALYSIS:

By state law, a Notice of an Unscheduled Vacancy must be posted by the City Clerk to advertise the vacant Commission seat. Final appointment to the board, commission, or committee for the Unscheduled Vacancy shall not be made by the legislative body for at least ten working days after the posting of the notice in the Clerk’s office. The notice of the unscheduled vacancy for the Senior Advisory Commission will be posted Wednesday, March 8, 2023.

FISCAL IMPACT:

There is no fiscal impact associated with this item.

RECOMMENDATION:

Accept the resignation of Barbara Ebright from the Senior Advisory Commission and direct the City Clerk to post the notice of unscheduled vacancy.

Attachments:

1. Letter from Senior Advisory Commissioner Barbara Ebright

21 Item # C5.
1 Suzanne Guzzetta
From: [email protected]
Subject: FW: Retirement from the Senior Advisory Commission From: Barbara Ebright
Sent: Saturday, February 18, 2023 6:02 PM
To: Carmen Montano <[email protected]>
Cc: John Macon <[email protected]>; Barbara Ebright Subject: Retirement from the Senior Advisory Commission

CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links.

Dear Mayor Montano,

I have decided to retire from the Senior Advisory Commission on my 82nd birthday, February 26.

It has been an honor to be a member of this commission for over 16 years and I depart with many fond memories working with past commissioners and particularly with city staff members who always worked to ensure our success. Their hard work was always appreciated.

Sincerely,

Barbara Ebright
22 Item # C5.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Authorize the City Manager to execute the Non-Exclusive License Agreement between the City of Milpitas and Crown Castle Fiber LLC, a New York Limited Liability Company, for the installation of Small Cell Facilities on Municipal Facilities (Staff Contact: Roberto Alonzo, Principal Civil Engineer, 408-586-3316) Category: Consent Calendar-Community Development
Meeting Date: 2/21/2023
Recommendation: Authorize the City Manager to execute the Non-Exclusive License Agreement between the City of Milpitas and Crown Castle Fiber LLC, a New York Limited Liability Company, for the installation of Small Cell Facilities on Municipal Facilities and find a CEQA exemption.

BACKGROUND:

Voice and data information has been transmitted using different wavelengths of electromagnetic radiation for a very long time, and over the last four decades, the ability to transfer data over the air has evolved. The newest wireless connectivity is referred to as 5G, the fifth generation of cellular wireless services. This technology can transmit and receive wireless data a capacity of 20 gigabits per second with nearly zero delay in sending and receiving information between devices. Demand for wireless broadband is expected to continue to grow exponentially over the next several years with tremendous increases in the amount of available connected devices. Traditionally, wireless antennas and equipment were primarily installed on large towers on private land and on the rooftops of buildings. In recent years, companies seek to install smaller wireless facilities in the public right of way on existing City owned utility poles, streetlights, and other infrastructure which are suited for 5G antenna placement due to their sheer numbers and locations.

Crown Castle Fiber LLC, a host provider of wireless infrastructure, has stated an interest in applying for Encroachment Permits for installation of 237 small cellular 5G node antennas upon city owned infrastructure in multiple locations in Milpitas. Their project is anticipated to begin in 2023 and carry through late 2024, however, their final network planning is not complete, so starting locations have not been determined. Crown Castle has proposed a Non-Exclusive License Agreement for the installation of their infrastructure within the City of Milpitas.

ANALYSIS:

The proposed Non-Exclusive License Agreement (Attachment) between the City and Crown Castle Fiber LLC is recommended to allow for the installation, maintenance, perpetual use of Crown Castle owned 5G antenna nodes located on City infrastructure within the public right of way for the life of that City infrastructure. The agreement does not require the City to replace retired infrastructure in the public right-of-way. The installation of such equipment will be in conformance with city specifications and design standards for such equipment installed on city infrastructure. As allowed by State law, the term of the agreement is for ten-years with up to three successive five-year renewals. The agreement also establishes an annual rental payment for use of City property. The initial rent payment will be $270 per facility/per calendar year as allowed under Federal Communications Commission (FCC) order. On January 14, 2019, FCC adopted a Declaratory Ruling (FCC 18- 133) that relates to a per pole fee of $270.00 dollars, which escalates at 3% annually, that the City would receive from the applicant on a yearly basis for each location covered by a Site Supplement.

Crown Castle Fiber would also pay City Engineering plan review and permitting fees associated with issuance of City Encroachment Permits for the antenna installations . City staff and the City Attorney’s Office have 23 Item # C6.

reviewed the proposed agreement, and staff recommends the City Council authorize the City Manager to execute the agreement.

POLICY ALTERNATIVE(S):

Alternative 1: Do not approve the Non-Exclusive License Agreement with Crown Castle Fiber, LLC.

Pros: The proposed Licensed Agreement includes requirements for City approval of Encroachment Permits for Crown Castle and establishes payment of the maximum annual rental fee as allowed by law for use of City infrastructure.

Cons: None. Recent State law and FCC Order’s limit the City's ability to regulate the use of city-owned vertical infrastructure for small cell facilities and requires the City to issue permits for such installation within very short periods of time. The City can even face legal challenges for failing to act on small cell applications. The Non-Exclusive License Agreement specifies the requirements for installations, maintenance, and perpetual use of City infrastructure, includes the requirements for City review and permitting including rental fees for use of city infrastructure.

Reason not recommended: With the limits placed on the City's authority by federal and state laws, staff does not recommend the alternative due to the potential negative and complicating effects described above.

FISCAL IMPACT:

Approval of the Crown Castle Non-Exclusive Agreement for installation of new wireless communications facilities on City infrastructure will generate revenue for each installation. In addition, Crown Castle will pay City costs for plan review, permitting, and for construction inspection for the review of equipment installed.

California Environmental Quality Act (CEQA):

Categorically Exempt. The project is categorically exempt in accordance with Section 15303 (New Construction or Conversion of Small Structures) Class 3 - Construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The proposed project would not have a significant effect on the environment.

RECOMMENDATION:

Authorize the City Manager to execute the Non-Exclusive License Agreement between the City of Milpitas and Crown Castle Fiber LLC, a New York Limited Liability Company, for the installation of Small Cell Facilities on Municipal Facilities and find a CEQA exemption.

Attachment(s):

Non-Exclusive License Agreement with Crown Castle Fiber LLC

24 Item # C6.

NON
-

EXCLUSIVE

LICENSE

AGREEMENT

BETWEEN

THE

CITY

MILPITAS,

CALIFORNIA

AND

CROWN CASTLE FIBER LLC, A NEW YORK LIMITED

LIABILITY COMPANY
,

FOR

THE

USE

MUNICIPAL FACILITIES
TO

INSTALL

SMALL

CELL

ANTENNAS

AND

ASSOCIATED

EQUIPMENT

This Agreement is made and entered into by and between the City of Milpitas, California
, a

California

municipal

corporation

(“Licensor”

“City”)

and

Crown Castle Fiber LLC

(“Licensee”).

Licensor and Licensee may be

referred

to herein individually

“Party”

or
collectively

the “Parties.”

RECITALS

This

Agreement

made

with

reference

the

following

Recitals,

each

which

deemed

material

term and provision of this Agreement:

Licensor

the

owner

certain

Municipal Facilities

(as

defined

below).

Licensee

Crown Castle Fiber LLC
,

and
it
is authorized to conduct

business in the

State

California.

Licensee desires to use space on certain of Licensor’s Municipal Facilities located

the

public

rights

way

and

public

utilities

easements

within

the

jurisdictional

limits

the

City

of Milpitas to locate, place, attach, install, operate, control, and maintain Small Cell Equipment

(as

defined below)

Licensor’s

Municipal

Facilities.

Licensee

will

agree

to comply

with

Licensor’s

requirements

provided

herein.

Licensee is willing to compensate Licensor in exchange for a right to use and

physically

occupy

portions of the

Municipal Facilities as provided herein.

AGREEMENT

1. Definitions

and

Exhibits
.

1.1. Definitions
.

For

the

purposes

this

Agreement

and

all

Exhibits

attached

hereto,

the

following

terms, phrases,

words and derivations

shall have

the

meaning

given herein.

(a)

Code

means Licensor’s

Municipal

Code.

(b)

Hazardous

Substance

means

any

substance,

chemical

waste

that

identified

hazardous

toxic

any

applicable

federal,

state

local

law

regulation,

including

but

not limited to petroleum products and asbestos.

(c)

Infrastructure
means any and all

forms of existing power supply, conduit,

other

form

infrastructure

fixtures

equipment

for

the

delivery

power

communication

80701584_2

25 Item # C6.
2 services

Municipal

Facility

otherwise

located

the

public

right

way

other

location

controlled

or owned by

Licensor.

(d)

Interference

means

physical

interference

and radio frequency

interference.

(e)

Laws

means

any

and

all

applicable

federal,

state

local

statutes,

constitutions, ordinances, resolutions,
regulations, judicial decisions, rules, permits, approvals or

other applicable requirements of the Licensor or other governmental entity or agency (including

the Federal Communications Commission (“FCC”) or any successor agency) having joint or

several jur
isdiction over the parties to this Agreement as such laws may be amended from time to

time.

(f)

Make
-
Ready Work
means the work required on or in a Municipal Facility

to
create space for the Small Cell Equipment, and/or replacing and/or reinforcing the existin g

Municipal

Facility

accommodate

Small

Cell

Equipment

including,

but

not

limited

to,

rearrangement

transfer

existing

Small

Cell

Equipment

and

the

facilities

other

entities,

and

Municipal

Facility

relocation and replacement if
applicable.

(g)

Municipal

Facilities

means

City
-
owned

structures

and

Infrastructure

located

within

the

PROW

and

public

utility

easements

that

are

designated

approved

Licensor

as being suitable for placement of Small Cell Equipment including but not limited to those

Licensor
-
owned

streetlights

defined

Section

X
-
1 -

3.04 of

the

Code,

traffic

light

poles,

and

other

similar

structures. The

term

includes Replacement Poles

as defined in

Section 6 below.

(h)

Permit
means a permit issued under the Code,
which includes zoning and

land use planning permits such as conditional use permits, and those permits that monitor and

control improvement, construction or excavation activities, or other work or activity, occurring

upon or

otherwise

affecting

the City

PR
OW or public

utility

easements.

(i)

Physical interference
means where equipment, vegetation or a structure

causes reduced use of another’s prior mounted equipment, or an obstruction in a necessary line -

of
-
sign

path.

(j)

PROW
(or public
right
-
of
-
way) shall mean the right
-
of
-
way of any street,

as defined in the California Vehicle Code used by the general public, owned and/or controlled by

the

City

and part of

the City

system of streets located within the

territorial limits of the

City.

(k)

Ra
dio frequency interference
means the radiation or conduction of radio

frequency energy (or electronic noise) produced by electrical and electronic devices at levels that

interfere

with

the operation of

adjacent equipment.

(l)

Site Supplement
means each separa
te site license authorization granted by

Licensor, pursuant to
Section 2

below, and substantially in the form shown on Exhibit A, which

shall

subject to the terms and

conditions of this

Agreement.

(m)

S
mall

Cell

Equipment

means

compact

communications

antennas,

26 Item # C6.
3 transmitters, wires, fiber optic cables and other wireless communications equipment (in addition

to control boxes, cables and conduit power sources) utilizing small cell technology in compliance

with

applicable

FCC

requirements

tha
t

used

provide

wireless

communications,

and

specifically identified and described in Exhibit 1 attached to each approved Site Supplement (as

defined

below).

(n)

Term
means the period that this Agreement is in effect as described in

Section

3.1 of this Agreement.

1.2. Exhibits
.

The

following

numbered

documents,

which

are

occasionally

referred

this

Agreement, are

formally

incorporated

and

made

part of

this Agreement

by this

reference:

(a)

Exhibit

A
:

Site

Supplement.

(b)

Exhibit

B
:

Minimum

Limits

of Insurance.

In the event of any conflict or ambiguity between this Agreement together with the above -

referenced exhibits, and any approved Site Supplement, the approved Site Supplement (but only

with

respect to

the subject matter

addressed there
in) shall

govern and prevail.

2. License

Grant

and

Terms
.

2.1. Scope
.

Licensor
, acting
as the owner of Municipal

Facilities

the

PROW

and

public

utility

easements,

does

hereby

grant

Licensee

nonexclusiv
e
license

use

the

Municipal

Facilities

identified

Exhibit

1 to

each

approved

Site

Supplement

to attach

install,

operate,

maintain,

remove,

reattach,

reinstall,

and

replace

the

Small

Cell

Equipment

identified
E
xhibit

1 to

each

such

Site

Supplement.

This

grant

subject

the

terms,

conditions

and

other

provisions

set

forth

this

Agreement.

Licensee

may

place

its

attachments

any

parts

Licensor’s

Municipal

Facilities

consistent

with

the

City’s

most recent version of the

Small

Cell

design guidelines

and
th
e Engineering Department’s Procedures and Guidelines
.

2.2. Use

Licensor

Municipal

Facilities
.

approved

Site

Supplement

allows

Licensee to
access, occupy and use allocated available space on each of the identified Municipal

Facilities in
Exhibit 1

to the corresponding Site Supplement to attach, install, operate, maintain,

upgrade, remove,
reattach, reinstall, relocate and replace the Small Cell Equipment, as identified

in such
Exhibit 1
.

Licensee shall have access to the Muni
cipal Facilities upon which Small Cell

Equipment

installed

24 hours

day,

7 days

week
, subject to the permit requirements as set forth in paragraph 5 of this agreement

and the following sentence
.

In accordance with City
’s

Municipal Code

requirement
,
construction operations, including
material

deliveries are limited to the hours of 7 a.m. to 7 p.m. 7 days a week.

Further
, no construction operations are permitted on City Holidays including New Year’s Day; Martin Luthe
r King’s Birthday; Cesar Chavez Day; Memorial Day; July 4 th

Independence Day; Labor Day; Veteran’s Day; Thanksgiving including the day after; Christmas Eve, Christmas Day.

2.3 Limitations on Use
.

Except as otherwise expressly provided herein,

the Site

Suppl
ement

does

not

authorize

Licensee

to:

(a)

Install,

occupy

use

any

City
-
owned

poles,

improvements

structures

any

27 Item # C6.
4 kind,

whether

within

without

the

PROW,

other

than

the

items

identified

Municipal

Facilities

shown

Exhibit

1 attached

approved

Site

Supplement;

(b)

Enter

upon

the

PROW

public

utility

easements

and

attach,

install,

operate,

maintain, upgrade, remove, reattach, reinstall, relocate, and/or replace any item of Small Cell

Equipment

new

existing

poles

other

structures

located

within

the

PROW

public

utility

easements

and

not

owned

Licensor;

and

(c)

Install,

operate

and

maintain

ground

based,

pad

mounted

equipment

cabinets

and/or power pedestals needed for the operation of Small Cell Equipment attached to any of the

Municipal

Facilities,

unless

approved

Licensor

because

would

not

technically

feasible

for

Licensee

omit

ground

based

equipment

power

pedestal.

2.4 Alterations/Unauthorized Equipment
.

Licensee represents that it
will not install

unauthorized equipment. If Licensee proposes to install equipment which is different in any

material

way

from

the

then
-
existing

and

approved

Small

Cell

Equipment,

then

Licensee

shall

first

apply

for

and

obtain

permit

approval

for

the

use

and

installation

the

unauthorized

equipment

from
the
Licensor (
Engineering Director/City Engineer
)

via a new or amended Site Supplement. In

addition

any

other

submittal

requirements,

and if

requested

Licensor, Licensee

shall

provide

“load” (structural) calculations for all Municipal Facilities upon which it intends to attach Small

Cell

Equipment

modify

approved

Small

Cell

Equipment

the

PROW

public

utility

easements.

Notwithstanding the foregoi
ng, Licensee may modify its Small Cell Equipment with

like
-
kind Small Cell Equipment without prior written approval of the Licensor including, without

limitation, substitution of internal components that does not result in any change to the external

appear
ance,

dimensions,

pole attachment type or mechanism,

weight

the

attachment

that

involves

replacement

with

attachment that is substantially the same, or smaller in weight and dimensions as the approved

attachment.

Licensee’s

failure

comply

with

these

limitations

will

constitute

material

breach

the applicable Site Supplement. For unauthorized equipment that Licensee cannot demonstrate,

within 30 days after receiving notice, is authorized, Licensor may impose liquidated damages in

an amount not to exceed $1,000, and in addition, Licensee shall from the date of such written

notice

obligated

pay

for

such

unauthorized

equipment

amount

which

three

(3)

times

the

applicable Per Pole Fee in Section 4 until the breach is cured

by
Licensee by removing the

unauthorized equipment or applying for and obtaining a Site Supplement (or a modification to an

existing

Site

Supplement

if applicable) for such unauthorized

equipment.

3. Term

Agreement;

Cancellation;

Termination;

Removal

Abandonment

Expiration
.

3.1 .

Agreement Term
.

This Agreement shall be in effect for a period of ten (10) years

commencing

the

first

day

the

month

following

mutual

execution

this

Agreement

(“Commencement Date”), and

expiring on the day before the tenth (10
th
) anniversary of the

Commencement Date unless sooner cancelled or terminated as provided herein (the “Initial

Term”).

Provided

that

Licensee

not

material

breach

the

Agreement

any

Site

Supplement

beyond

applicable notice and cure periods, the Initial Term will be extended for up to three (3),

successive, five (5) year periods (each, a “Renewal Term”) with the first five year extension

commencing immediately upon the expiration of the Initial Term, and ea ch additional five year

extension commencing immediately upon the expiration of the preceding Renewal Term unless

28 Item # C6.
5 written notice of non
-
extension is provided by either Party to the other Party at least ninety (90)

days

prior

the

commencement

the

succeeding

Renewal

Term,

applicable.

The

Initial

Term
and

all

Renewal

Terms

shall

collectively

referred

herein

the

“Term.”

All

the

provisions

of this Agreement shall be in effect during the Term and any extension of the Term. Any holding

over after the expiration of the Term shall constitute a default by Licensee, notwithstanding that

Licensor

may

elect to accept

one or

payments of

fees

from

Licensee.

3.2 Licensee Cancellation
.

Licensee may cancel any Site Supplement at any t
ime by

providing the Licensor with thirty (30) days written notice of cancellation. Any prepaid fees shall

be retained by Licensor.

This Agreement and all Site Supplements may only be cancelled or

terminated

as provided in

this Agreement or

any

Site

Supplement.

3.3. Abandonment
.

Licensee

abandons

the

use

any

Municipal

Facility

location

for

period

six

(6)

consecutive

months

after

the

initial

installation

Licensee’s

Small

Cell

Equipment thereon, the Small Cell
Equipment for such Municipal Facilities shall be removed by

Licensee at the expense of Licensee within ninety (90) days of receipt of written notice from

Licensor
, unless during that ninety (90) day period Licensee demonstrates to the reasonable
satisfacti
on of Licensor that the Small Cell Equipment has not been abandoned . In the event
Licensee is unable or refuses to remove such Small Cell Equipment when

requested by Licensor

or demonstrate to Licensor’s
reasonable
satisfaction that it has not been abandon
ed
, Licensor may
authorize removal and Licensee shall be responsible for payment of
all

actual
costs

incurred

by
Licensor
for

such removal

within thirty (30) days of written demand
.

3.4 Performance

Bond
.

order

secure

the

performance

its

obligations

under

this

Agreement,

Licensee

will provide

the

following

security

instrument

to the Licensor:

(a)

Prior

the

commencement

any

work

under

this

Agreement

any

applicable

Site

Supplement,

Licensee

must

provide

performance

bond

running

the

Licensor

the

sum of $
50 ,000 for the first twenty
-
five Site Supplements, and an additional $
50 ,000 to

cover
up to an additional twenty
-
five Site Supplements, and so on.

The maximum surety amount shall
be capped at $500,000 regardless of th
e number of Site Supplements.

The performance bond

conditioned

upon

the

faithful

performance

Licensee

all

the

terms

and

conditions

this
Agreement and upon the further condition that, if Licensee fails to comply with any

terms or
conditions
governing this Agreement beyond applicable notice and cure periods,

there shall be
recoverable jointly and severally from the principal and surety of the bond

any damage or loss
suffered by the Licensor as a result, including, without l imitation, the

full

amount

any

compensation
,

indemnification
, or

costs

removal

abandonment of

Licensee’s property, plus
costs and reasonable attorneys’ fees up to the full amount of the

performance bond.

Licensee shall
keep the
performance bond in

place during the term of

this Agreement

and for twelve (12) months
following termination or expiration of the Agreement
. The bond forms shall be in a form approved
by the City Attorney. Upon

completion of Licensee’s removal obligations
hereunder, Licensee
may terminate the

performance bond and Licensor shall cooperate with Licensee in connection with such

termination.

(b)

Assessment of the Bond
. The performance bond may be assessed by the

Licensor

for

any

failure

Licensee

pay

Licensor

amount

owed

under

this

Agreement

beyond

applicable notice

and cure

periods, including,

but not limited to:

29 Item # C6.
6 (i)

Reimbursement of costs borne by the Licensor to correct violations of

the
Agreement not corrected by Licensee, after Licensor provides notice and a

reasonable

opportunity

cure

such

violations.

This

shall

include,

without

limitation,

removal of

Equipment.

(ii)

Providing

monetary

remedies

satisfying

damages

assessed

against

Licensee

due

to a material breach of this Agreement.

(c
)

Restoration

the

Bond
.

Licensee

must

deposit

sum

money

replacement instrument sufficient to restore the performance bond to its original amount

within
thirty (30) days after written notice from the Licensor that any amount has been

recovered

from

the

performance

bond

and

the

reasons

therefor.

Failure

restore

the

bond

its

full

amount

within

thirty

(30)

days

will

constitute

material

breach

this

Agreement.

Licensee will be relieved of the
foregoing requirement to replenish the bond during
the

pendency

appeal

from the Licensor’s

decision

to draw

on the

performance

bond.

(d)

Costs of Collection
. If the performance bond is drawn upon, all of Licensor’s

reasonable costs of collection and enforcement of the provisions relating to the bond that

are

specified

this

Section

3.4,

including

reasonable

attorneys’

fees

and

costs,

will

paid

Licensee.

(
e)

Required Endorsement
.

The performance bond is subject to the approval of

the Licensor and must contain the following

endorsement:

“This
bond may not be canceled until sixty (60) days after receipt

by the City of Milpitas, by registered mail, return receipt

requested,

written

notice

intent

cancel

not

renew.”

(f)

Reservation of Licensor Rights
.

The
rights reserved by
Licensor with respect

the

performance

bond

are

addition

all

other

rights

and

remedies

Licensor

may

have

under

this Agreement or

any

other

Law.

(g)

Admitted

Surety

Insurer
.

The

surety

supplying

the

bond

shall

“admitted

surety insurer”, as
defined in California Code of Civil Procedure Section 995.120 and

authorized

to do business in the State of

California.

(h)

Cash Deposit
. In lieu of obtaining a performance bond, Licensee shall have the

right

instead

deposit

cash

deposit

with

Licensor

securing

Licensee’s

obligations

under

this

Agreement.

4 .

Fees and Charges
.

Licensee shall be solely responsible for the payment of all costs, fees

and

charges

connection

with

Licensee’s

performance

under

this

Agreement,

including

those

set

forth

as follows:

4.1 License Fee
.

Licensee acknowledges that the FCC has adopted a Declaratory

Ruling
(FCC 18
-
133) that relates to the per pole fee and went into effect on January 14, 2019.

Paragraphs
4 .1,
4 .2,
4 .3
,
4 .4

and
4 .5

govern the calculation of the

per pole fee and how it may be impacted by
the Declaratory Ruling
.

4.2 During any period in which the FCC Declaratory Ruling (FCC 18 -
133) is in effect

30 Item # C6.
7 and during any period in which the Alternate Per Pole Fee provisions in paragraph 4 .3 are not

applicable,

the

Licensee

shall

pay

the

Per

Pole

Fee

described

this

paragraph.

Licensee

shall

pay to the Licensor the base amount of two hundred seventy dollars ($270.00) per calendar year

for each
location covered by a Site Supplement. Any new Site Supplements entered into during a

given

year

shall

commence

the

per

pole

fee,

adjusted

Section

4 .4

reflect

the

then
-
current

rate

(the “Per Pole Fee”).

The Per Pole Fee for the
first calendar year of a Site Supplement for

each location shall be pro
-
rated based
on the number of days covered from the Site Supplement

Effective Date to December 31.

There shall be no
refunds of the Per Pole Fee paid due to the

termination

expiratio
n of

the

Agreement for any

reason.

4.3 In the event the relevant provisions of the FCC Declaratory Ruling that hold that

fair

and

reasonable

compensation

for

use

local government
-
owned

structures

the

ROW

must

be
cost
-
based cease to be effective, (for ex
ample, because they are stayed after having gone into

effect,

they

are

vacated

invalidated

and

have

not

been

replaced

the

FCC

with

alternative

provision setting a specific amount as the Per Pole Fee), the Per Pole Fee will adjust to the rate of

fifteen

hundred

dollars

($1,500.00)

per

calendar

year

for

each

location

covered

Site

Supplement, as adjusted by Section
3 .4 to reflect the then
-
current rate (“Alternate Per Pole Fee”).

Additionally,

Licensee

shall

automatically

required

pay

the

Alternate

Per

Pole

Fee

full

for

the remainder of the Term. Any new Site Supplements entered into during a given year shall

commence

the

Alternate

Per

Pole

Fee,

adjusted

Section

4.4 to

reflect

the

then
-
current

rate.

Alternate

Per

Pole

Fee

for

the

first

calendar

year

Site

Supplement

for

each

individual

location

shall be pro
-
rated based on the number of days covered from the Site Supplement Effective Date

December

31. There

shall

refunds

the

Alternate

P
er

Pole

Fee

paid

due

termination

the Agreement for
Licensee’s default
. The Licensor agrees that irrespective of whether

the

relevant

provisions

the

FCC

Declaratory

Ruling

cease

effective,

Alternate

Per

Pole

Fee

shall

due

for

any

periods

during

which the FCC

Declaratory

Ruling’s

requirement

that fair

and
reasonable compensation for use of local government
-
owned structures in the ROW must be

cost
-
based

is in effect.

4.4 Per Pole Fee and Alternate Per Pole Fee Escalator. Effecti ve on January 1, and

continuing annually thereafter during the Term, the Per Pole Fee or Alternate Per Pole Fee, as

applicable,

shall increase

three

percent (3%).

4.5 The amount to be paid with respect to each year of the Term (“Aggregate Annual

License Fee”)

will be calculated based on an amount equal to the sum of the number of (a)

Municipal

Facilities

upon

which

Small

Cell

Equipment

was

installed,

and

(b)

Municipal

Facilities

which were not initially installed but contained Small Cell Equipment, during the preceding 12

months

multiplied

the

then
-
current

Per

Pole

Fee

Alternate

Per

Pole Fee;

provided,

however,

and notwithstanding the foregoing to the contrary, the Aggregate Annual License Fee shall be

prorated with respect to each Municipal Fa
cility for any months during which the applicable Site

Supplement was not in force. The first Aggregate Annual License Fee after the Commencement

Date is due and payable in arrears and not later than 45 days after receipt of an invoice from

Licensor. There
after, the Aggregate Annual License Fee is due and payable each year in advance

(based on the number of Municipal Facilities upon which Small Cell Equipment was installed at

the end of the prior year) of January 1 of the following year. The first Aggregate

Annual License

Fee after the Commencement Date shall be prorated from the Commencement Date to December

31 of

the

same

year.

If Licensee

discovers

any

error

the

amount

compensation

due,

Licensee

shall

notify

Licensor

and

the

Parties

shall

work

together

good

faith

adjust

the

amount

due.

L
icensee shall pay Licensor within 30 days after discovery of the error or undisputed
determination
31 Item # C6.
8 of the

correct amount. If Licensee does not make such payment within 30 days, a ten percent (10%) late

fee shall be added. Additionally, all unpaid fees shall accrue non -
compounding interest on the

amount due at the rate of ten percent (10%) per annum until paid in full.

Upon agreement of the

Parties, Licensee may pay the Aggregate Annual License Fee by ele ctronic funds transfer and in

such

event,

Licensor

agrees

provide

Licensee

bank

routing

information

for

such

purpose

upon

request of Licensee. City shall provide Licensee a completed current Internal Revenue Service

Form

W
-
9 and state and local withh
olding

forms

if required.

4.6 One
-
Time Fees
.

The Licensor activities described in Section
4 .6 are

“One
-
Time

Fees”

that

reimburses

the

Licensor

for

its

costs

associated

with

reviewing

and

approving

applications to
attach
Small Cell
Equipment on
identified Municipal Facilities located in the PROW, this

Agreement and Site Supplements to this Agreement for additional locations. The Licensor shall

track

its

time

spent

reviewing

the

Licensee

submittals

for

Licenses,

Site

Supplements

and

associated permit activities described below, and charge its hourly rate for any time spent against

a
City
Private Jobs Account
(PJ Account)
opened by
Licensee

and funded at an initial deposit
amount of
$
5,000
_
to cover the cost of City plan
reviews and inspections
.

The fee amounts shall be
assessed and

administered consistent with standard Licensor practice and fee schedule(s) as currently adopted

and

subsequently

amended or replaced,

manner consistent with

applicable
law.

4 .6.1

Permit
Fees
.

Licensee shall be responsible for paying all
actual and
reasonable
Permit Fees using the most current City fee schedule

associated

with City review,
processing, and inspection as part of all permit applications filed for the

installation, modificatio
n,
maintenance, and removal of Small Cell

Equipment on identified

Municipal

Facilities located in
the

right
-
of
-
way
.

4 .6.2

Agreement and Site Supplement
Processing

Fees
.

Within thirty (30) days
of full execution of this Agreement,
Licensee shall pay a one
-
time fee of $5,000 (five thousand
dollars) in partial reimbursement of the costs associated with Licensor review and processing of this Agreement. Further,
Licensee

shall

responsible

for

paying

all

costs

associated with
Licensor

review and processing of
any Site Supplements thereto (or

any amendment thereto) and/or the
other administrative review

related to the administration of the Agreement. Thes
e costs may be
separately billed by Licensor or
reimbursed from the Private Jobs Account opened by

Licensee
.

4. 7

Taxes
.

Licensee
shall

pay all

applicable city,

county and

state taxes

levied,

assessed,

imposed

reason

this

Agreement

those

any

Licensee’s

Small

Cell

Equipment

and/or

provided services.

4. 8

Electric

meter
.

Except

the

extent

Licensor

authorizes

connection

its

Infrastructure

accordance

with

the

rules,

regulations,

and

policies

PG&E,

which

authorization

the Licensor shall not unreasonably withhold, Licensee shall be solely responsible for obtaining

and maintaining the
provision of electricity to Licensee’s Small Cell Equipment, including, but

not
limited to, making payments to electric utilities and installation of separate electric meters, if

necessary.

Licensee shall comply with all Laws and rules and regulations of t he electric utility

relating

installation

and

connection

Licensee’s

Small

Cell

Equipment

electricity.

Additionally,
Licensee shall have the right, at Licensee’s sole cost, to replace existing lighting on

Municipal

Facility

utilized by

Licensee

either with

LED

other form

of energy

saving

lighting

design reasonably approved by Licensor, and Licensor will own, operate, maintain and repair the

32 Item # C6.
9 replacement lighting. If granted a choice between a pole -
mounted smart meter and a pedestal
-

mo
unted

meter,

Licensee

must

choose

pole
-
mounted

smart

meter.

Pedestal
-
mounted

meters

will
only

allowed

alternative

available.

The

electricity

purveyor

the

City

Milpitas

PG&E.

4. 9

Payments

Made
.

All

fees

and/or

additional

payments

shall

payable

Licensor

at:

City

Milpitas,

Engineering

Department
, Attn.; Engineering Director/City Engineer
,

455

East

Calaveras

Blvd.,

Milpitas,

95035;

such

other

persons or at such other places as
Licensor may
designate in writing. All payments shall be in lawful

money

the

United

States

America.

5 .

Additional Licenses and Permits Required by Code
.

All of the Small Cell Equipment

will be installed, operated and maintained by or on behalf of

Licensee in accordance with

applicable Laws. Licensee or its designee is required to apply for , pay required fees,

and obtain all
Permits required

by the Code for installation of wireless communications facilities , related
electrical work,

and for work per
formed within

the PROW and public utility easements, and the
Small Cell Equipment must be installed and the

PROW

public

utility

easement

used

according

the

plans

submitted

Licensee

and

approved

the

Licensor

issuing

such

Permits.

Execution

this

Agreement

any

Site

Supplement

does

not

constitute

the

issuance

Permit.

Nothing

this

Agreement

shall

limit

any

way

Licensee’s

obligation to obtain any required regulatory
approvals from any Licensor department, board or

commission or other governmental agency that
has regulatory authority
over the Licensee’s proposed

activities involving use of the Municipal
Facilities in the PROW and public utility easements and

Licensee’s obligation to obtain any
required
approvals or agreements to use Licensor

property

other

than

Municipal

Facilities

covered

this

Agreement.

All

work

performed

pursuant

the

rights

granted

this Agreement

subject

the

prior

review and approval

the

Licensor

accordance

with

its

customary

permitting

procedures,

including

environmental

clearance

for

each

new

installation

accordance

with

the

California

Environmental

Quality

Act

(CEQA),

applicable.

6. Basic Design and Installation Requirements for Using Municipal Facilities
.

All of

Licensee’s

construction

and

installation

work

for

its

Small

Cell

Equipment

the

Municipal

Facilities

shall

performed

cost

and

expense

to
Licensor

and

good

and

workmanlike

manner

and

promptly completed. When
Licensee and Licensor have agreed on an existing Municipal Facility

location

suitable

site

for

Licensee’s

Small

Cell

Equipment,

but

the

existing

Municipal

Facility

needs

replaced

accommodate

the

Small

Cell

Equipment,

then

the

Site

Supplement

shall

specify and Licensee shall pay all costs related to replacing the Municipal Facility, including but

not limited to installation of the replacement pole (the “Replacement Pole”), transfer of the

streetlight

fixtures,

and/or

other

items

a
ttached

the

existing

Municipal

Facility

the

Replacement Pole, and removal and salvage of the existing Municipal Facility to the Licensor.

Payment of the pole replacement costs does not provide Licensee with any ownership interest in

the Replacement P
ole.

Licensor will be deemed to own the Replacement Pole in its “AS IS”

condition

without

any

representation

warranty

any

kind,

provided

that

the

Replacement

Pole

is installed in accordance with a Site Supplement
, City Standard Details and
Specifications,

and
passes Licensor inspection. The installation

attachment

the

Small

Cell

Equipment

using

the

Replacement

Pole

shall

cost

and expense

to Licensor
.

7. C
ommon

Conditions

Requirements

Applicable

Site

Supplements

Issued

Under

this

Agreement
.

33 Item # C6.
10 7.1.

Small Cell Equipment Locations
.

For each installation, Licensee or its designee

shall submit an application with plans and specifications

which
shall
include the seal of a licensed
professional e
ngineer

for Licensor review and approval which

shall,

minimum,

identify

the

Municipal

Facility

Licensee

proposes

use

and

the

basic

design

and

location

of the Small

Cell

Equipment.

any
ground
-
based

equipment

proposed

connection with the
operation of Small
Cell Equipment on an individual Municipal Facility, the

request must identify the ground based
equipment and the plan must also depict such equipment.

Upon

Licensor

approval,

the

approved

plan
s

are

inserted

Exhibit

1 attached

Site

Supplement. Any approved Site Supplement shall
also include a list of approved Small Cell

Equipment in Exhibit 1 to each Site Supplement. If
Licensee desires to change or add new

locations, Licensee will submi
t a proposed Site Supplement
application indicating the additional

Municipal Facilities that it wishes to use. One Application is required per Municipal Facility. A

total of 10 applications can be submitted at the same time if the projects use the same typ
e of

equipment

and

are

being

placed on the same

type

of structure.

7.2 .

Pole Reservation
.

Licensee shall submit an application no later than ninety (90)

days

after

reserving

pole

through

the

City’s

automated

pole

reservation

system,

the

reservation

shall be cancelled without prejudice; provided, however, the City’s Director of Engineering /City
Engineer

shall

have

discretion to extend the

reservation upon

written

request by

Licensee.

7.3 .

Damage to Licensor
Property
.

If Licensee damages or disturbs the surface or

subsurface of any PROW, public utility easement or adjoining property, Municipal Facility, pole,

streetlight

fixture,

traffic

signal,

other

public

improvement,

the

exercise

the

rights

grante
d

through this Agreement, Licensee will promptly, at its own expense, and in a manner reasonably

acceptable

Licensor, repair the

damage

or disturbance.

7.4 .

Public Emergency
.

In the event of an emergency or to protect the public health or

safety, prior to
the Licensor accessing or performing any work on a Municipal Facility on which

Licensee

has

installed

Small

Cell

Equipment,

Licensor

may

require

Licensee

deactivate

such

Small

Cell Equipment if any of Licensor’s employees or agents must move closer to the Small Cell

Equipment than the FCC recommended minimum distance. In such case, Licensor will attempt to

contact Licensee at Licensee’s Network Operations Center at 800 -
264
-
6620 to request immediate

deactivation.

Further,

Licensee

shall

install

disconnect

device

each

Municipal

Facility

which

installs

Small

Cell

Equipment

pursuant

Site

Supplement

that

case

emergency

protect

the public health or safety where Licensee is not able to immediately deactivate the Small Cell

Equipment,

Licensor

may

disconnect

such

Small

Cell

Equipment

from

its

power

source

and

safely

shut

down.

the

event

unplanned

power

outage

other

unplanned

cut
-
off

power,

emergency,

the

power
-
down

will

with

such

advance

notice

may

practicable.

all

instances,

once

the

work

has

been

completed

and

the

worker(s)

have

departed

the

exposure

area,

the

party

who

accomplished the power
-
down shall restore power and inform Licensee as soon as possible at

Licensee’s

Network

Operations

Center

number

provided

above

that

power

has

been

restored.

7.5. Make
-
Ready

Work
.

(a)

Make
-
Ready Work and Costs.

Licensee shall bear responsibility for all
Make
-

Ready

Work.

Person

other

than

Licensee

Licensor

would

have

rearrange

adjust

any

its

facilities

order

accommodate

new

Small

Cell

Equipment,

Licensee

shall

responsible,

no expense to Licensor, to coordinate such activity.

Licensee shall be responsible
34 Item # C6.
11 for directly

paying such other Person for its c
harges for the same. If Licensee is requested by
another Person,

comparable

circumstances,

relocate

adjust

any

Small

Cell

Equipment

accommodate

that

Person’s facilities, subject to Licensor’s written approval of such relocation, Licensee shall

reasonably cooperate with such request. Licensor shall endeavor to include the requirements of

this subsection (a) or substantially equivalent language in Licensor’s agreements with other

licensees

Municipal

Facility.

(b)

Construction, ins
tallation, and operation of the Small Cell Equipment shall be

conditioned on the completion of all Make
-
Ready Work needed to establish full compliance
with

the

National

Electrical

Safety

Code

(“NESC”),

and

with

Licensor’s

regulatory

rules

and

engineering standards

and requirements
; provided, however, that Licensee shall not be responsible for any third
-
party or Licensor costs necessary to correct third party or Licensor attachments that are non
-
compliant.

(c)

Notification of Completion of Instal
lation.

Within thirty (30) business days
of

completing the installation of Small Cell Equipment on each Municipal Facility, Licensee shall

notify

Licensor of

such

completion.

7.6. Pole

Replacement
.

(a)

Subject

Section

7 .
6 (f),

Municipal

Facility

needs

replacement

repair

due to a traffic accident or deterioration, Licensee shall have the right to immediately replace the

same at Licensor’s reasonable cost, not to exceed the charges the City would normally have

incurred

from

its

third
-
party

vendor.

such

event,

Licensor

shall

reimburse

Licensee

within

thirty

(
30 ) days of Licensee’s receipt of an invoice.

However, in the event Licensee elects in writing to

have Licensor replace the Municipal Facility, Licensor shall perform such replacement within

thirty (
9 0) days

or as soon as practicable as determined by Licensor

thereafter, and Licensee shall
cooperate with Licensor to temporarily relocate its

Small Cell Equipment, if necessary.

Upon
completion of the replacement, Licensor shall notify

Lic
ensee

order

for

Licensee

install

its

Small

Cell

Equipment.

Licensor

shall

retain

ownership

the

Replacement Pole.

(b)

Licensee’s

option,

Licensee

may

provide

Licensor,

no cost to
Licensor,

a spare pole sufficient to serve as a
Replacement Pole, which will be stored at Licensor’s
Public

Works Yard (the “Yard”) at no cost to Licensee, and which will be available for use by Licensor

and

Licensee

to replace

the

Municipal Facility

provided in this Section
7 .6.

(c)

In the event Licens
ee provides a spare pole, and elects in writing to have

Licensor

perform

the

replacement,

Licensor

will

use

the

spare

pole

replace

the

damaged

existing

pole

within

thirty

(
6 0)

days

notice

the

need

for

the

replacement

or as soon as practicable as
determined by Licensor
,

and

shall

deliver

the

damaged

pole

and

any

damaged

Small

Cell

Equipment

the

Yard.

such

event,

Licensor

shall

have

ownership

the Replacement Pole.

(d)

Licensor

will

contact

Licensee

pick

the

damaged

Small

Cell

Equipment and Licensee can reinstall its Small Cell Equipment once the Replacement Pole is

installed

and functioning as a

Municipal Facility.

(e)

Licensee shall have the right to temporarily use a Municipal Facility for its

35 Item # C6.
12 operation during the replacement period at a location reasonably acceptable to both Licensor and

Licensee.

(f)

In the event Licensor is responsible for replacing the Municipal Facility

with
a Replacement Pole, Licensor shall only be responsible for the cost of a standard pole, and

Licensee
shall be responsible for the cost of the Replacement Pole in excess of the cost of a

standard

pole.

7.7. Removal

and

Relocation
.

(a)

Licensee

understands

and

acknowledges

that

Licensor

may

require

Licensee
to relocate one or
more of its Small Cell Equipment installations as provided in this

Section
7 .7(a).

Licensee shall at Licensor’s direction and upon

thirty days (30)

prior written notice to Licensee,
relocate such Small Cell Equipment at Licensee’s sole cost and

expense whenever Licensor
reasonably determines that the relocation is needed for any of the

following

purposes:

(i) if

required

for

the

construction,

modification,

completion,

repair,

relocation,

maintenance

Licensor

infrastructure

other

public

agency

project; or

(ii
) Licensor is abandoning or

removing

the

Municipal

Facility.

Licensor may also require Licensee to relocate one or more of its Small Ce ll
Equipment installations where

the

Small

Cell

Equipment

is interfering with or adversely affecting
proper operation of Licensor
-
owned Poles,

traffic signals, communications, or other Municipal
Facilities
. In the event of

such interference
, Licensee shall at Licensor’s direction and upon thirty (
30) days prior written notice

to Licensee, relocate the interfering Small Cell Equipment at Licensee’s sole cost and expense.

(b)

I
n

any

such

case,

Licensor

shall

use

reasonable

efforts

afford

Licensee a
reasonably
equivalent alternate location.

Licensee acknowledges that if Licensor is

permanently
removing the Municipal Facility due to an undergrounding project, Licensee may be

required

seek

appropriate

alternate
location

within

the

PROW
.

Nothing i
n this Agreement gives the
Licensee the authorization to install a new dedicated pole in

the PROW or public utility easement
as a result of any relocation requirement. If Licensee shall

fail to relocate any Small Cell
Equipment as requested by the Licensor

in accordance with the

foregoing provision, Licensor shall
be entitled to remove or relocate the Small Cell Equipment at

Licensee’s sole cost and expense,
without further notice to Licensee.

Licensee shall pay to the

Licensor actual

costs and expenses
incurred by the Licensor in performing any removal work and

any storage of Licensee’s property
after removal within thirty (30) days of the date of a written

demand

for

this

payment

from the
Licensor

accompanied by

supporting

documentat
ion.

(c)

In the event Licensee desires to relocate any Small Cell Equipment from

one

Municipal

Facility

another,

Licensee

shall

advise

Licensor.

Licensor

will

use

reasonable

efforts to accommodate Licensee by making another reasonably equivalent Municipal Facility

available

for

use

accordance

with and

subject

to the

terms and

conditions

of this

Agreement.

36 Item # C6.
13 (d)

In lieu of the relocation of Licensee’s Small Cell Equipment in the case of

an abandonment of a Municipal Facility as provided in Section 7 .7(a)(ii
), unless the Municipal

Facility

needed

for

legitimate

Licensor

purpose,

Licensor

may,

its

sole

discretion,

allow

Licensee

purchase

the

Municipal

Facility,

and

continue

use

the

same

pursuant

the

then

existing

Site

Supplement,

commercially

reasonable

price

commensurate

with

its

then

existing

value.

Licensee

and

Licensor

shall

document

any

such

transfer

ownership

via

bill

sale.

the

event

that

Licensee

acquires

Municipal

Facility

pursuant

this

Section

7 .7(c),

Per

Pole

Fee

shall

due

payable

with

respect

such

acquired

site

and

said

fee

shall

prorated

accordance

with

Section

3 above.

7.8 .

Non
-
exclusiveness
.

The

rights

and

privileges

granted to

Licensee under this

Agreement,

and

each

Site

Supplement

described

herein,

are

nonexclusive.

7.9 .

Non
-
interference
.

The following provisions shall apply to ensure and/or avoid

interference

(both

physical

interference

and

radio

frequency

in
terference)

resulting

from

Licensee’s

installation,

operation

and/or

maintenance

its

Small

Cell

Equipment:

(a)

RF Interference
.

Consistent with applicable Laws, Licensee shall ensure

that

the

Small

Cell

Equipment

will

not

cause

radio

frequency

interference

with

wireless

communication
facilities or devices, cable television, broadcast radio or television systems, or

satellite

broadcast

systems

existing

the

time

installation

the

Small

Cell

Equipment.

Further,

Licensee

shall

ensure

that

the

Small

Cell

Equipment

will

not

cause

any

radio

frequency

interference

with

Licensor

traffic

signal equipment
,

public

safety
,

other

communications

equipment

existing

the

time of

installation of

the Small Cell
Equipment.

(b)

Primary and Existing Uses
.

Licensee acknowledges and agrees that the

primary

purpose

the

Municipal

Facilities

serve

the

public.

Licensor

has

the

right,

but

not

the

obligation,

maintain

and

operate

its

Municipal

Facilities

such

reasonable

manner

will

best

enable Licensor to fulfill its own primary service requirements or facilities. Licensor is willing to

permit the installation of Licensee’s Small Cell Equipment on Municipal Facilities only where

such

use

will

not

interf
ere

with

the

existing

and

future

primary

service

requirements

and

facilities,

or the existing uses (other than primary service requirements) of Licensor and existing uses of

others authorized to use the Municipal Facility as of the date of the applicable Site Supplement.

Licensee shall not materially interfere in any manner with the primary service requirements and

existing uses of the Municipal Facilities or other Licensor property including PROW and public

utility

easements,

and

including

sani
tary

sewers,

water

mains,

storm

drains,

gas

mains,

poles,

Fiber
Optic cables,

aerial

and underground electric and telephone wires, streetlight fixtures,

traffic signal
and camera systems,

cable television, and other

telecommunications, utility, and municip
al
property without the written approval of the owner(s)

the

affected

property

properties.

Notwithstanding

the

foregoing,

Licensor

will

not

grant

after

the

date

this

Agreement

right

use

Municipal

Facility

any

third

party

if, at

the

time

such

third party applies to use a Municipal
Facility, Licensor knows that such third party’s use may

cause interference with the Licensee’s
existing Small Cell Equipment, Licensee’s use of the

Municipal

Facility,

Licensee’s

ability

comply

with

the

terms

and

conditions

this

Agreement. Licensor shall endeavor to include the
requirements of Sections

7.9 (a) and (b) or

substantially equivalent language in Licensor’s
agreements with other licensees of a Municipal

Facility.

37 Item # C6.
14 (c)

Licensor Communications
.

Licensee shall not materially interfere in any

manner

with current or future

Licensor public safety

communication.

(d)

Licensor
Interference from New Non
-
Primary Uses
. Licensor has the right,

but

not

the

obligation,

add

new

non
-
primary

uses

its

Municipal

Facilities

(that is, Licensor uses
not covered by (a) through (c))
.

Notwithstanding

the

foregoing sentence, if Licensee reasonably
determines that a new non
-
primary use of a Licensor

Municipal Facili
ty is causing interference
with Licensee’s existing Small Cell Equipment

on the
same
Licensor Municipal Facility
, then

Licensor

will

confer

with

Licensee

upon

receipt

notice

interference

from

Licensee,

and

otherwise

work

good

faith

with

Licensee

determine

the

root

cause

the

interference,

develop

workable

solutions

resolve

the

interference

mutually

acceptable

manner,

and

determine

which

party

will

cover

the

costs

implementing

the

solution.

(e)

Remedies
.

Without
limiting any other rights or remedies, if interference

caused by Licensee’s Small Cell Equipment or by Licensor’s new non -
primary use
occurs

and
continues for a period in excess of 24 hours following notice to the interfering party

via telephone
to Licensee’s Network Operations Center at 800
-
264
-
6620 or to Licensor at
(Office of the City of
Milpitas Engineering Director/City Engineer) at
408
-
586
-
3 301
, the interfering party shall or shall
require any other user to reduce power or cea
se

operations of the interfering equipment until the
interference is cured

unless the Licensor determines the equipment causing interference is required to remain energized for legitimate public safety reasons . The Parties acknowledge

that there will
not b
e an adequate remedy at law for noncompliance with the provisions of this

Section
6 and
therefore the Parties shall have the right to equitable remedies such as, without

limitation,

injunctive relief and specific

performance.

8. Damage

Licensee’s

Small

Ce
ll

Equipment
.

the

event

any

damage

Licensee’s

Small Cell Equipment, Licensor shall have no liability or responsibility to repair the same unless

such damage arose from the negligence or willful misconduct of Licensor, its employees, agents,

or
contractors; provided however, in such case, Licensor’s liability shall be limited to the cost to

repair

replace

the same.

9. Title

and

Ownership
.

9.1 Title to the Small Cell Equipment
. Title to the Small Cell Equipment, exclusive of

the

Municipal

Facility

(
original

replacement)

used

for

support,

shall

remain

with

Licensee

its

Carriers

(defined

below)

and

shall

constitute

Licensee’s

personal

property

and

equipment,

and

not

fixtures

or improvements attached to the

land.

9.2 No

Ownership

Licensor

Property
.

Neither

this

Agreement,

nor

any

license

issued

herein,

nor

any

Permit

separately

issued

for

installation

any

Small

Cell

Equipment,

regardless

the

payment

any

fees

and

charges,

shall

create

vest

Licensee

any

ownership

property

rights

any portion or elements of the Municipal Facilities, the underlying real property on which any

Licensor
-
owned

poles

any

Small

Cell
Equipment

located,

any

portion

the

PROW

public

utility

easements.

Additionally,

except

otherwise

expressly

provided

herein,

Licensee

acknowledges that this Agreement does not constitute or create a leasehold interest or right to the

benefit of any Licensor property or portion thereof. Nothing contained in this Agreeme nt shall be

construed

compel

Licensee

construct,

retain,

extend,

place,

maintain

any

poles

other

facilities

38 Item # C6.
15 for

the

benefit

Licensor

which

are

not

needed

for

Licensee’s

own

service

requirements.

9.3 “As Is” Condition
.

Subject to Section 9,
Licensee accepts the Municipal Facilities

identified in any Site Supplement, or any Replacement Pole, in its “AS IS” condition, without

representation

warranty

any

kind

Licensor,

any

Licensor

officer,

agent,

employee

the

present

future

condition

suitability

the

Municipal

Facilities

for

Licensee’s

intended

use,

and

subject

all

applicable

laws,

rules

and

ordinances

governing

the

use

the

Municipal

Facilities

for

Licensee’s

intended

purpose.

Licensor

disclaims

any

and

all

warranties

express

implied

with

respect to the physical, structural, or environmental condition of the Municipal Facilities and the

merchantability

fitness

for

particular

purpose.

Licensee

solely

responsible

for

investigation

and

determination

the

condition

and

suitability

any

Municipal

Facility

for

Licensee’s

intended

use.

10. Maintenance and Repair
.

Subject to Section 7.3, Licensor shall maintain and keep the

Municipal Facility containing Small Cell Equipment

in good condition and in accordance with

Licensor’s

standard

maintenance

requirements

and design standards
,

its

sole

cost

and

expense.

Licensee

shall

keep

the

Small

Cell

Equipment

and

other

improvements

Licensee

the

Municipal

Facility,

any,

good

repair.

11. Hazardous

Substances
.

Licensee

agrees

that

Licensee,

its

contractors,

subcontractors

and

agents,

will

not

use,

generate,

store,

produce,

transport

dispose

any

Hazardous

Substance

on,

under,

about

within

the

area

Municipal

Facility

the

PROW

public

utility

easement

which

located

violation

any

applicable

federal,

state,

county,

local

law

regulation.

Except

the

extent

the

negligence

intentional

misconduct

Licensor,

Licensee

will

pay,

indemnify,

defend

and

hold

Licensor

harmless

against

and

the

extent

any

loss

liability

incurred

reason

any

Hazardous Substance produced, disposed of, or used by Licensee pursuant to this Agreement.

Licensee

will

ensure

that

any

on
-
site

off
-
site

storage,

treatment,

transportation,

disposal

other

handling of any Hazardous Substance will be performed by persons who are properly trained,

authorized,

licensed

and

otherwise

permitted

perform

those

services.

Notwithstanding

the

foregoing,

Licensee shall not be liable for Hazardous Substances that existed within the area of a Municipal

Facility or the PROW or public utility easement in which it is located before the executio n of this

Agreement, or that otherwise do not result from the activities of Licensee, its agents, contractors,

subsidiaries,

entities

otherwise

associate

with

Licensee.

12. Indemnity
.

the

fullest

extent

permitted

law,

Licensee

shall

indemnify,

defend,

and

hold

harmless

Licensor,

its

City

Council,

its

boards

and

commissions,

officials,

officers,

employees,

and

agents from and against any and all claims, demands, obligations, damages, actions, causes of action,

suits,

losses,

judgments,

fines,

penalties,

liabilities,

costs

and

expenses

(including

without

limitation,

reasonable attorneys’ fees, disbursements and c
ourt costs) of every kind and nature whatsoever

(collectively, “Claims”) which relate to (i) Licensor's approval of this Agreement and any Site

Supplement(s),

and

(ii)

Licensee’s,

and

its

employees’,

contractors’,

agents’

Carriers’,

construction,

operation, use, or related activity taken pursuant to this Agreement; provided, however, the foregoing

indemnity shall not apply to the extent such Claims are the result of the negligence or willful

misconduct

Licensor.

This

indemnificatio
n

shall

include,

but

not

limited

to,

damages

awarded

against

Licensor,

any,

costs

suit,

attorneys’

fees,

and

other

expenses

incurred

connection

with

such

claim,

action,

causes

action,

suit

proceeding

whether

incurred

Licensee,

Licensor,

and/or

the parties initiating or bringing such proceeding.

Licensee shall indemnify Licensor for all of

Licensor’s costs, reasonable attorneys’ fees, and damages which Licensor incurs in enforcing the

indemnification

provisions

set

forth

this

condition.

Licensee

shall

pay

Licensor

within

30 days

39 Item # C6.
16 after

receipt

invoice

or,

applicable,

counsel

Licensor’s

choosing,

any amount

owed

pursuant

the

indemnification

requirements

prescribed

herein.

This shall not include
any costs
Licens
or

incurs for hiring their own counsel to
participate in the defense in addition to the counsel
retained provided by Licensee.

13. Insurance

Requirements
.

13.1. Licensee’s

Insurance
.

Licensee

shall

procure

and

maintain

insurance

the

amounts

and form specified in attached

Exhibit B
.

13.2. Certificates
.

Certificate

Insurance

Self
-
Insurance

submitted

verification

coverage,

Licensor

will

reasonably

rely

upon

the

Certificate

evidence

coverage

but this acceptance and reliance will not waive or alter in any way the insur ance requirements or

obligations of this Agreement.

If any of the required policies expire during the life of this

Agreement, Licensee

must

forward

renewal

replacement

Certificates

Licensor

within

fifteen

(
15)

business days after

the

renewal date
containing

all the

necessary

insurance

provisions.

14. Assignment/Subletting
.

14.1. Except as expressly provided herein, this Agreement and each site license granted

pursuant

individual

Site

Supplements

herein

personal

Licensee

and

for

Licensee’s

use

only.

Licensee

shall

not

lease,

sublicense,

with,

convey

resell

others

any

such

space

rights

granted hereunder; provided, however, the Parties agree and acknowledge that, notwithstanding

anything

this

Agreement

the

contrary,

certain

Small

Cell

Equipment

deployed

Licensee

any

Municipal

Facility

any

PROW

public

utility

easement

pursuant

this

Agreement

may

owned and/or operated by Licensee’s third
-
party wireless carrier customers
(“Carriers”) and in
stalled

and

maintained

Licensee

pursuant

license

agreements

between

Licensee

and

such

Carriers.

Such

Small

Cell

Equipment

shall

treated

Licensee’s

Small

Cell

Equipment

for

all

purposes

under

this

Agreement provided that (i
) Licensee remains responsible and liable for
all performance obligations

under

the

Agreement

with

respect

such

Small

Cell

Equipment;

(ii)

Licensor’s

sole

point

contact

regarding such Small Cell Equipment shall be Licensee;
and (iii) Licensee shall h
ave the right to

remove

and

relocate

the

Small

Cell

Equipment.

This

Agreement

and

the

rights,

duties,

and

privileges

may

not

assigned

otherwise

transferred

whole

part

without

the

prior

written

consent

Licensor;

provided,

however,

Licensee

shall

have

the

right

assign

this

Agreement

upon

notice

Licensor

but

without

Licensor’s

consent

any

parent,

subsidiary,

affiliate,

any

person,

firm, or corporation that shall control, be under the control of, or be under common

control with

Licensee,

any

entity

into

which

Licensee

may

merged

consolidated

which

purchases

all

substantially

all

the

assets

Licensee

that

are

subject

this

Agreement.

the

Agreement

assigned

otherwise

transferred

accordance

with

this

Section,

this

Agreement,

including

any

amendments,

shall

binding

the

assignee

the

full

extent

that

was

binding

upon

Licensee.

14.2. Any

non
-
permitted

transfer

assignment

the

right

attach

Small

Cell

Equipment

Municipal

Facility

shall

void

and

not

merely

voidable.

Licensor

may,

its

sole

discretion

and

addition

all

other

lawful

remedies

available

Licensor

under

this

Agreement,

may collect any fees owed from Licensee all
without prejudicing any other right or remedy of

Licensor under this Agreement.

No cure or grace periods shall apply to transfers or assignment

prohibited by this Agreement or to the enforcement of any provisions of this Agreement against a

transferee

assignee

who

did not receive

Licensor’s

consent.

40 Item # C6.
17 15.

Default
.

It is a “Default” if (i) either Party fails to materially comply with this Agreement

any

Site

Supplement

and

does

not

remedy

the

failure

within

thirty

(30)

days

after

written

notice

the

other

Party

or,

the

failure

cannot

reasonably

remedied

such

time,

the

failing

Party

does not commence a remedy within the allotted thirty (30) days and diligently pursue the cure to

completion within ninety (90) days
after the initial written notice, or (ii) Licensee fails to comply

with this Agreement or any Site Supplement and the failure interferes with Licensor’s use of its

Municipal Facility in a manner not covered by Section 7.4, and Licensee does not remedy the

failure within

twenty (20) days

after written

notice from

Licensor or,

the failure cannot

reasonably

remedied

such

time,

Licensee

does

not

commence

remedy

within

the

allotted

twenty (20) days and diligently pursue the cure to
completion within thirty (30) days after the

initial

written notice.

16. Termination/Revocation
.

In the event of a Default, without limiting the non
-
defaulting

Party

the

exercise

any

right

remedy

which

the

non
-
defaulting

Party

may

have

reason

such

Default,

the

non
-
defaulting

Party

may

terminate

this

Agreement

the

Default

affects

all Site

Supplements

and

the

Agreement

whole,

any

Site

Supplement

subject

the

Default,

and/or

pursue any remedy now or hereafter
available to the non
-
defaulting Party under the Laws or

judicial

decisions of the

State

of California.

17. Surrender
.

Within

one

hundred

eighty

(180)

days

the

expiration

earlier

termination

of this Agreement or upon ninety (90) days of the
expiration or termination of an individual Site

Supplement, Licensee shall remove the affected Small Cell Equipment, at no expense to Licensor
,
shall

repair any damage to the Municipal Facilities or the PROW or public utility easement caused by

such

remova
l,

and

shall

restore

the

Municipal

Facilities

the

condition

which

they

existed

prior

to the installation of the Small Cell Equipment, reasonable wear and tear and loss by casualty or

other

causes

beyond

Licensee’s control

excepted.

18. Notices
.

Any
notice, request, demand, statement, or consent herein required or permitted

given

either party

the

other

hereunder, shall

writing

signed

behalf of

the

party

giving

the notice

and

addressed

to the other

at the

address

as set

forth

below:

Licensee

Crown Castle Fiber LLC

2000 Corporate Drive

Canonsburg, PA 15317

Attn: Ken Simon, General Counsel

With a copy to:

Crown Castle Fiber LLC

2000 Corporate Drive

Canonsburg, PA 15317

Attn: SCN Contracts Management

24/7
emergency contact information:

Telephone: (888) 632
-
0931

E
-
Mail: [email protected]

41 Item # C6.
18 Licensor

City

of Milpitas

455

East

Calaveras

Blvd.

Milpitas,

CA 95035

Attn: Steven G. McHarris,

City

Manager

Telephone: (
408
)
586
-
3059

E
-
Mail: [email protected]
ov

With a copy to:

City

of Milpitas

455

East

Calaveras

Blvd.

Milpitas,

CA 95035

Attn:

Steve Chan
,

Inter
im
City Engineer

Telephone: (408) 586
-
33 24

E
-
Mail:
s
chan
@milpitas.gov

City

of Milpitas

455

East

Calaveras

Blvd.

Milpitas,

CA 95035

Attn: Michael Mutalipassi,

City

Attorney

Telephone: (408) 586
-
3041

E
-
Mail: [email protected]

Each

Party

may

notice

writing

change

its

address

for

the

purpose

this

Agreement,

which address shall
thereafter be used in place of the former address.

Each notice, demand,

request,

or communication

which

shall

mailed to

any of

the

aforesaid

shall

deemed

sufficiently given,
served, or sent for all purposes hereunder (i) five business days after it s hall be

mailed by United
States registered or certified mail, postage prepaid and return receipt requested,

any

post

office

branch

post

office

regularly

maintained

the

United

States

Postal

Service, (ii)

upon

personal

delivery,

(iii)

one

business

day

after

deposit

with

any

recognized

commercial

air courier or
express service.

Any communication made by e
-
mail or similar method shall not

constitute

notice

pursuant to this

Agreement.
42 Item # C6.
19 19.

Miscellaneous
.

19.1. Entire

Agreement
.

This

Agreement

constitutes

the

entire

agreement

and

understanding

between

the

Parties

the

subject

matter

herein,

and

supersedes

all

negotiations,

understandings or agreements as to the same.

Any amendments to this Agreement must be in

writing

and

executed by

both P
arties.

19.2. Severability
.

If any provision of this Agreement is invalid or unenforceable with

respect to any Party, the remainder of this Agreement or the application of such provision to

persons other than those as to whom it is held invalid or unenforceable , shall not be affected and

each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by

law.

19.3. Governing Law
.

This Agreement shall be governed by the laws of the State of

California

without regard

to choice

of law
rules.

19.4. Exhibits
.

All Exhibits referred to and attached to this Agreement are incorporated

herein by

reference.

19.5. Authority to Execute
.

Any individual executing this Agreement on behalf of or as

representative

for

corporation

other

person,

partnership

entity,

represents

and

warrants

that

he or she is duly authorized to execute and deliver this Agreement on behalf of such Party, and

this
Agreement is binding upon

such Party in

accordance with its terms.

Licensor hereby

designates,
and authorizes, the
Engineering Director/City Engineer

to execute all Site Supplements

with
respect to placement of equipment within the PROW. The City Manager shall

and
have the
responsibility for the execution of this Agreement and any amendm
ents

thereto

entered

into

under

this

Agreement.

This

designation

and

authorization

may

changed

Licensor

upon written
notice

Licensee.

This Agreement may be executed in several counterparts, including by counterpart email or other electronic mean
s, each of which shall be deemed an original, and all
such counterparts together shall constitute one and the same agreement.

19.6 No Waiver.

A Party shall not be excused from complying with any of the terms

and conditions of this Agreement by any
failure of a Party upon any one or more occasions to

insist

upon or to seek compliance

with any

such terms or

condition

19.7 Force Majeure
.

With respect to any provisions of this Agreement, the violation or

non
-
compliance of any term of this
Agreement which could result in the imposition of a financial

penalty, liquidated damages, forfeiture or other sanction upon a Party, such violation or non -

compliance shall be excused where such violation or non -
compliance is the result of acts of God,

wa
r, civil disturbance, strike or other labor unrest, or other events, the occurrence of which was

not

reasonably

foreseeable

such Party

and is beyond

such Party’s

reasonable

control.

19.8 Limitation of Liability
.

Neither Party shall be liable to the
other, or any of their

respective

agents,

representatives,

employees

for

any

lost

revenue,

lost

profits,

loss

technology,

rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or

43 Item # C6.
20 interruption or loss of use
of service, even if advised of the possibility of such damages, whether

under

theory

of contract,

tort (including

negligence), strict liability

or otherwise.

19.9 Time is of the Essence
.

Time is of the essence with regard to

the performance of

all

Licensee’s obligations under this Agreement.

19.10 Dispute

Resolution
.

(a)

Good

Faith

Participation
.

Prior

the

initiation

any

litigation,

the

Parties

shall

good

faith

attempt

settle

any

dispute

arising

out

relating

this

Agreement

through

the upper management escalation and non
-
binding mediation processes set forth herein.

Good

faith

participation

these

processes

shall

condition

precedent

any

litigation.

All

negotiations
pursuant to this Article

shall be confidential and shall be treated as compromise and

settlement
negotiations for purposes of the Federal Rules of Evidence and any state’s rules of

evidence.

(b)

Upper Management Escalation and Mediation
.

Either Party may give the

other

Party

written

notice

any

dispute

not

resolved

the

normal

course

business.

The

dispute

shall be escalated to upper management and, thereafter, representatives of both Parties with

authority

to settle

the

dispute

shall

meet at a

mutually

acceptable

time

and

place

within

thirty

(30)

calendar

days

after

receipt

such

notice,

and

thereafter

often

reasonably

deemed

necessary,

to exchange relevant information and attempt to resolve the dispute.

If the matter has not been

resolved within

thirty (30) calendar days of receipt of the disputing Party’s notice, which period

may

extended

upon

mutual

agreement

the

Parties,

the

Parties

fail

meet

within

thirty

(30) calendar days, either Party may initiate mediation.

Such
mediation shall take place at a

mutually agreeable location.

In the event that such dispute is not resolved within ninety (90)

calendar days following

the

first day

of mediation,
or mediation

is not initiated,
either Party

may

initiate

litigation.

(c)

Enforc
ement
.

The parties regard the aforesaid obligation to escalate to

upper
management and mediate as an essential and material provision of this Agreement and one

that is
legally binding upon them.

In case of a violation of such obligation by either Party, th e

other

may

seek

specific

enforcement

such

obligation

the

courts

having

jurisdiction

hereunder.

19.11 Successors
. This Agreement shall be binding upon and shall inure to the benefit of

the

Parties hereto

and their respective

successors.

44 Item # C6.
21 IN

WITNESS

WHEREOF,

the

Parties

have

executed

this

Agreement

this

day

_____
,

202
3 (the

“Execution

Date”).

LICENSOR:

City

Milpitas,

California

municipal

corporation

CITY OF MILPITAS

Approved By:

Steven G. McHarris,
City Manager

LICENSEE:

Crown Castle Fiber
LLC, a

New York limited
liability company

By:

Name:

Its:

Approved As To Form:

Michael Mutalipassi,
City Attorney

Approved
:

Lauren Lai, CPA, MPA

Finance Director/Risk manager

Approved As To Content
:

S
t
eve
Chan
, PE

Interim
City Engineer

45 Item # C6.
22 EXHIBIT

Form of Site Supplement

Supplement

1. Supplement
.

This is a Site Supplement as referenced in that certain NON -

EXCLUSIVE

LICENSE

AGREEMENT FOR THE USE OF CITY
-

OWNED MUNICIPAL FACILITIES TO

INSTALL SMALL CELL ANTENNAS AND ASSOCIATED EQUIPMENT, between Licensor

and

Licensee

dated

___
,

20 ___

("Agreement").

This

Site

Supplement

approved

Licensor

this

day

_______

20 _
(the

date

executed

all

parties,

referred

herein

“Site

Supplement

Effective

Date”).

Licensee

has

submitted

application

for

Site

Supplement

pursuant

the

Agreement,

and

Licensor

has

reviewed

the

application

and

grants

approval

subject

to the terms of this Site Supplement. All of the terms and conditions of the Agreement are

incorporated hereby by reference and made a part hereof without the necessity of repeating or

attaching the Agreement. In the event of a contradiction, modification or inconsistency
between

the terms of the Agreement and this Site Supplement, the terms of this Site Supplement shall

govern (but only with respect to the subject matter addressed therein).

Capitalized terms used
in

this Site Supplement shall have the same

meaning described for them in the Agreement unless

otherwise indicated herein. IF THE SITE SUPPLEMENT IS NOT COUNTER -

SIGNED BY

LICENSEE AND RETURNED TO LICENSOR WITHIN 30 DAYS AFTER LICENSOR HAS

GRANTED APPROVAL, THE SITE SUPPLEMENT SHALL BE VOID AND OF N

O LEGAL

EFFECT. IF LICENSEE STILL WANTS TO USE THE MUNICIPAL FACILITY, LICENSEE

WILL

REQUIRED

SUBMIT

A NEW

APPLICATION

AND

ASSOCIATED

FEES.

2. Project Description and Locations
.

Licensee shall have the right to attach Small Cell

Equipment to the design
ated space on the specific Municipal Facility as further described in

Exhibit

1 attached hereto (the

“Licensed Area”).

3. Small Cell Equipment
.

The Small Cell Equipment to be installed at the Licensed Area is

listed

and depicted on plans included in
Exhibit

1 attached hereto.

4. Term
.

The term of this Site Supplement shall be coterminous with the Agreement Term

set forth in Section 3.1

of the

Agreement.

5. Fees
.

The initial annual Per Pole Fee or Alternate Per Pole Fee for the term of this

Supplement

s
hall

determined

accordance

with

the

Agreement,

and

adjusted by

Section
4 of the

Agreement.

6. Site Supplement Commencement Date
. If Licensee does not commence installation

of its Small Cell Equipment within one (1) year of the Site Supplement Effective Date, the Site

Supplement

shall

void

unless

Licensor,

its

sole

discretion,

extends

the

time

for

commencing

installation

Small Cell

Equipment in writing.

7. Miscellaneous
.

[Signature

page follows]

46 Item # C6.
23 APPROVED

as of the

date shown below.

LICENSOR:

City

Milpitas,

California

municipal

corporation

CITY OF MILPITAS

Approved By:

Steve Chan
, PE

Inte
rim
City Engineer

LICENSEE:

Crown Castle Fiber LLC, a

New York limited
liability company

By:

Name:

Its:

47 Item # C6.
24 Exhibit 1

Licensed

Area,

Small

Cell

Equipment

List

and

Plans

48 Item # C6.
25 EXHIBIT

Licensee’s

Minimum

Insurance

Requirements

1. General
.

Prior to
performing work under this Agreement, Licensee shall furnish Licensor a

certificate of insurance on a standard insurance industry ACORD form.

The insurance coverage

required must be issued by an insurance Licensee licensed, authorized or permitted to trans act

business in the State of California, possessing a current A.M. Best, Inc. rating of A -
VII or better,

and

coverage

shall be

reasonably

satisfactory

Licensor.

The insurance requirements set forth in no way limit the indemnity covenants

contained

in t
his Agreement.

Licensor in no way warrants that the insurance limits contained in this Agreement

are sufficient to protect Licensee from liabilities that might arise out of the performance of this

Agreement by Licensee and its contractors, and Licensee is

free to purchase any additional

insurance as may

determined necessary.

Failure to demand evidence of full compliance with the insurance requirements in

this Agreement or failure to identify any insurance deficiency will not relieve Licensee from, nor

will it be considered a waiver of, its obligation to maintain the required insurance at all times

during

the performance

of this Agreement.

2. Scope and

Limits

Insurance
.

Licensee shall

provide

coverage

with

limits

of liability

equal

to those

stated below.

Commercial

General

Liability
-
Occurrence

Form
.

Licensee

must

maintain

Commercial General Liability insurance with a limit of $1,000,000 per occurrence for bodily

injury and property damage and $2,000,000 general aggregate including premises -
o
perations,

products and completed operations, independent contractor, contractual liability, personal injury

and

advertising

injury.

Commercial

Automobile

Liability
.

Licensee

must

maintain

Commercial

Automobile Liability insurance in the amount of
$1,000,000 combined single limit each accident

for bodily injury and property damage covering all of Licensee owned, hired, and/or non -
owned

vehicles assigned to or used in the performance of Licensee’s work or activities under this

Agreement.

49 Item # C6.
26 C.

Workers

Compensation

and

Employers

Liability

Insurance
.

Licensee

must

maintain Workers Compensation insurance in compliance with the statutory requirements of the

state

operation

and

Employer’s

Liability

with

limit

$1,000,000

for

each

accident;

$1,000,000

disease

for each

employee;

$1,000,000

disease
-
policy

limit.

Contractors’

Pollution

Legal

Liability.

Licensee

must

maintain

Contractors’

Pollution

Legal

Liability

insurance

with

limits

$1,000,000

per

occurrence

claim,

and

$2,000,000

policy

aggregate.

any

coverage

required

written

claims
-
made

coverage

form:

(1)

The retroactive date must be shown, and this date must be before the

execution

date of

the contract or the

beginning

contract

work.

(2)

Insurance must be maintained and evidence of insurance must be provided

for

at least five

years after

completion of

contract

work.

(3)

If coverage is canceled or non
-
renewed, and not replaced with another

claims
-
made policy form with a retroactive date prior t
o the contract effective, or start of work

date, the Contractor must purchase extended reporting period coverage for a minimum of five (5)

years

after

completion of

contract work.

(4)

A copy of the claims reporting requirements must be submitted to the

Licensor

for

review.

3. Additional

Policy

Provisions

Required
.

Miscellaneous

Provisions
.

(1)

Licensee's required insurance coverage must be primary insurance with

respect

Licensor,

its

officers,

officials,

and

employees.

Any insurance

self
-
insurance

main
tained by Licensor, its officers, officials, and employees shall be in excess of the coverage

provided

Licensee

and must not contribute

to it.

(2)

Licensee's insurance must apply separately to each insured against whom

claim

is made

or suit is

brought, except with

respect to the

limits of the

insurer's liability.

(3)

Licensee

hereby

agrees

waive rights

subrogation

which

any

insurer

Licensee may acquire from Licensee by virtue of the payment of any loss. Licensee agrees to

obtain any endorse
ment that may be necessary to affect this waiver of subrogation. The Workers’

Compensation policy shall be endorsed with a waiver of subrogation in favor of the Licensor for

all work performed by the Licensee and its employees. The policies must

contain a
severability of
interest clause and waiver of subrogation against Licensor, its officers,

officials,

and

employees,

for

losses arising

from

work performed

by Licensee

for Licensor.

(4)

Licensee

required

maintain

Commercial

General

Liability

insurance

specified in this Agreement for the duration of this Agreement.

Licensee must submit an annual

Certificate

Insurance

evidencing

Commercial

General

Liability

insurance

during

this

period

50 Item # C6.
27 evidencing

the

insurance

requirement

and,

including

the

required

Additional

Insureds

set

forth

herein.

(5)

Certificate

Insurance

submitted

verification

coverage,

Licensor will reasonably rely upon the Certificate of Insurance as evidence of coverage but this

acceptanc
e

and

reliance

will

not

waive

alter

any

way

the

insurance

requirements

obligations

of this Agreement.

(6)

Upon receipt of notice from its insurer, Licensee shall use its best effort to

provide the Licensor with thirty (30) days prior written notice of cancellation of any required

coverage that is not replaced. Such notice shall be sent directly to Licensor at 455 East Calaveras

Blvd,

Milpitas, CA 95035, Attn: City

Manager.

Licensor as Additional Insured
.

The above
-
referenced policies shall, e
xcluding

workers compensation and employer’s liability include the Licensor, its officers, officials, and

employees

additional

insured

their

interest

may

appear

under

this

Agreement

with

respect

to liability arising out of activities
performed by Licensee.

Licensor’s additional insured status

shall

(i)

limited

bodily

injury, for ongoing operations using ISO form CG 20 10
and
completed operations using ISO form CG 20 37 or its equivalent property

damage

personal

and

advertis
ing

injury

caused,

whole or in part, by Licensee, its employees, agents or independent contractors; (ii) not extend to

claims for punitive or exemplary damages arising out of the acts or omissions of Licensor, its

employees, agents or independent contra
ctors or where such coverage
is prohibited by law or to

claims arising out of the negligence of Licensor, its employees, agents or independent

contractors; and, (iii) not exceed Licensee’s indemnification obligation under this Agreement, if

any.

Self
-
Insurance
.

Notwithstanding

the

foregoing,

Licensee

shall

have

the

right

to self
-
insure the coverages required herein.

In the event

Licensee elects to self
-
insure its

obligation
to include Licensor as an additional insured, the following additional provisions shall

apply:

(i)

Licensor shall promptly and no later than thirty (30) days after notice thereof provide

Licensee

with

written

notice

any

claim,

demand,

lawsuit,

the

for

which

seeks

coverage

pursuant to this Section and prov
ide Licensee with copies of any demands, notices, summonses,

legal papers received

in connection with

such claim, demand, lawsuit,

the like;

(ii)

Licensor shall not settle any such claim, demand, lawsuit, or the like without the prior

written

consent of

Licensee; and

(iii)

Licensor shall fully cooperate with Licensee in the defense of the claim, demand,

lawsuit,

or the

like.

51 Item # C6.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt a Resolution Granting Acceptance of Alviso Adobe Renovation (Phase V – Exhibits), Project No. 5055, Authorizing the City Engineer or Other Appropriate Representative Designated by the City Manager, to File a Notice of Completion, and Authorize the City Engineer, or Other Appropriate Representative Designated by the City Manager, to Issue a Notice of Final Acceptance after the one-year warranty (Staff Contact: Michael Silveira, Capital Improvement Program Manager, 408-586-3303)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 3/7/2023
Recommendation: Adopt a Resolution granting acceptance of Alviso Adobe Renovation (Phase V – Exhibits), Project No. 5055; authorizing the City Engineer to file a Notice of Completion, and authorizing the City Engineer to issue a Notice of Final Acceptance after the one-year warranty.

BACKGROUND:

On April 20, 2021, the City Council awarded a construction contract to Gizmo Art Production, Inc. for the Alviso Adobe Renovation Phase V- Interior Exhibits, Project No. 5055 in the amount of $792,574 (“Project”). This final phase of the Project provides for installation of interior exhibits and visual media in the Adobe’s first floor included fabrication and installation of period furnishings, exhibits, interpretive signage, and visual media to replicate the experiences of an original Spanish-Mexican Era Adobe home.

Analysis:

The Project was successfully completed on-time and within budget, and the Adobe opened to the public in October of 2022. Staff recommends the City Council adopt a Resolution (Attachment 1) granting acceptance of the Project and authorize the City Engineer, or other appropriate representative designated by the City Manager, to file a Notice of Completion in accordance with the provisions of Section 9204 of the Civil Code.

Staff also recommends the Council authorize the City Engineer, or other appropriate representative designated by the City Manager, to issue a notice of final acceptance after the one-year warranty period without further City Council action, provided that all warranty work is completed to the satisfaction of the City Engineer, or other appropriate representative designated by the City Manager.

Policy Alternative:

Alternative: Do not adopt Resolution and deny Project acceptance, deny filling a notice of completion and not begin the one-year warranty.

Pros: None

Cons: A denial would result in the City being unable to commence the one-year warranty, release the retention to the Contractor and release any funds remaining back into the Project budget.

Reason not Recommended: Denial would result in the City being unable to close out the Project and release any funds remaining back into the Project budget.

Fiscal Impact:

No additional funding is requested for installation of interior exhibits and visual media as the project is now complete. Information Technology, Public Works, and Recreation and Community departments have sufficient budget for maintenance and operations of the project during fiscal Year 2022-23, but they will bring forward 52 Item # C7.

request to adjust of the annual operations and maintenance of this project during the Operating Budget process for Fiscal Year 2023-24.

California Environmental Quality Act:

The Project has an approved Mitigated Negative Declaration.

Recommendations:

Adopt a Resolution granting acceptance of Alviso Adobe Renovation (Phase V – Exhibits), Project No. 5055; authorizing the City Engineer to file a Notice of Completion, and authorizing the City Engineer to issue a Notice of Final Acceptance after the one-year warranty.

Attachment:

Attachment 1 Resolution

53 Item # C7.

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS GRANTING

ACCEPTANCE OF THE ALVISO ADOBE RENOVATION, (PHASE V- EXHIBITS), PROJECT NO. 5055
WHEREAS, the City of Milpitas has heretofore entered into a contract with Gizmo Art Production, Inc., for the Alviso Adobe Renovation, (Phase V – Exhibits), Project No. 5055, in the amount of $792,574 (“Project”), and the City Engineer or other appropriate representative designated by the City Manager of the City of Milpitas has recommended acceptance of said improvement as completed in accordance with plans, specifications and approved change orders and correction lists, and in accordance with the final inspection of said City Engineer or other appropriate representative designated by the City Manager.

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 st aff 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 of Milpitas does hereby accept said improvement as completed on this 21st day of February, 202 3, and does hereby authorize and direct the City Engineer or other appropriate representative designated by the City Manager of the City of Milpitas to file a Notice of Completion in accordance with the provisions of Section 9204 of the Civil Code of the State of California, and does hereby authorize and direct the City Engineer or other appropriate representative designated by the City Manager to file a C ertificate of Completion in accordance with the provisions of Section 4005 of the Government Code of the State of California, if said work was by day’s labor or force account.

3. The City Council authorizes the City Engineer or other appropriate representati ve designated by the City Manager to issue the Notice of Final Acceptance after the one-year warranty period without further City Council action, provided all required warranty repairs are completed to the satisfaction of the City Engineer or other appropriate representative designated by the City Manager; and nothing herein contained shall in any way be deemed to be a waiver, release or relinquishment by City of any obligations imposed upon the contractor or its surety, or sureties, by law or by the above -referenced improvement contract, save and except those obligations specifically mentioned herein.

PASSED AND ADOPTED this _________ day of ________, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

54 Item # C7.
2 Resolution No. ____

ATTEST: APPROVED:

Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

Michael Mutalipassi, City Attorney

55 Item # C7.
3 Resolution No. ____

Recording Requested by and
When Recorded Mail to:

City of Milpitas
455 East Calaveras Boulevard
Milpitas, CA 95035
Attention: City Clerk

Record without fee under
Section 6103 - Government Code
State of California

CITY OF MILPITAS

NOTICE OF COMPLETION
(Civil Code Section 9204)

NOTICE IS HEREBY GIVEN:

1. On or about April 20st, 2021 the City Council of the City of Milpitas, a municipal corporation of the State of California, whose address is City Hall, 455 East Calaveras Boulevard, Milpitas, California, 95035 (as owner) entered into a contract for work of: Alviso Adobe Renovation (Phase V – Exhibits), Project No. 5055.

2. A description of the site of which the City is owner for said work of improvement is: 2087 Alviso Adobe Court in the City of Milpitas, Santa Clara County, California, more particularly described on the plans.

3. The name and address of the direct contractor is: Gizmo Art Production, Inc., P.O. Box 411372, San Francisco, CA 94141.

4. A general statement of the kind of work done or materials furnished to the City is as follows: The improvements include fabrication and installation of period furnishings, exhibits, interpretive signage, and visual media.

5. Said work of improvement was accepted by the Milpitas City Council as complete on February 21st, 2023.

************************************************************************************* I, the undersigned, declare that I am the City Engineer or other appropriate representative designated by the City Manager of the City of Milpitas and am authorized to execute the foregoing Notice of Completion and this Verification thereof. I have read the foregoing Notice of Completion. I declare under penalty of perjury that the foregoing Notice of Completion is true and correct. Executed on February ____, 2023 at Milpitas, California.

__________________________________
Insert name of the signatory here
_____________________________________________________________________________________ 56 Item # C7.
4 Resolution No. ____

NOTE: RECORD WITHIN 15 DAYS OF ACCEPTANCE WITH COUNTY RECORDER OF

SANTA CLARA COUNTY
57 Item # C7.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt a Resolution Initiating Proceedings for the Annual Levy and Collection of Assessments, and Ordering the Preparation of the Annual Engineer’s Report for Landscaping and Lighting Maintenance Assessment District No. 95-1 (McCarthy Ranch) (Staff Contact: Roberto Alonzo, Principal Civil Engineer, 408-586-3316) Category: Consent Calendar-Community Development
Meeting Date: 3/7/2023
Recommendation: Adopt a Resolution Initiating Proceedings for the Annual Levy and Collection of Assessments and Ordering the Preparation of the Annual Engineer’s Report for Landscaping and Lighting Maintenance Assessment District No. 95-1 (McCarthy Ranch)

BACKGROUND:

On May 2, 1995, the City Council completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, establishing the Landscaping and Lighting Maintenance Assessment District No. 95-1 (McCarthy Ranch) (LLMD 95-1) to provide for improvement and maintenance of public landscaping, irrigation, pedestrian lighting, gateway columns and entry signs along portions of North McCarthy Boulevard and the Ranch Drive gateway between State Route 237 and Dixon Landing Road as shown on the attached location map (Attachment 1).

ANALYSIS:

The Landscaping and Lighting Act of 1972 requires adoption of a resolution (Attachment 2) directing preparation of the annual engineer’s report evaluating LLMD 95-1 maintenance and improvement costs and generally describing any proposed new improvements or any substantial changes in existing improvements.

At subsequent meetings, the City Council will be asked to approve the completed engineer’s report and to schedule a public hearing for the proposed assessment in May and June 2023. Upon City Council approval, the assessment for the maintenance and improvement work will be added to the 2023-24 property tax bills of property owners within the boundaries of LLMD 95-1.

POLICY ALTERNATIVE(S):

Alternative 1:

Not adopt a resolution initiating proceeding for the annual levy and collection of assessments and ordering the preparation of the annual engineer’s report for LLMD 95-1.

Pros: None

Cons: The Landscaping and Lighting Act of 1972 requires the legislative body adopt the resolution, not adopting the resolution would jeopardize the City’s ability to collect assessments for the maintenance and upkeep of LLMD 95-1.

Reason not recommended: To allow for the continued maintenance for LLMD 95-1, staff recommends ordering the preparation of the annual engineers’ report to begin the proceedings for the levy and collection of assessments for fiscal year 2023-24.

FISCAL IMPACT: 58
Item # C8.

The levy and collection of assessments provides a funding resource for the City to improve and maintain public landscaping, irrigation, pedestrian lighting, gateway columns and entry signs within LLMD 95-1.

California Environmental Quality Act (CEQA):

Levy and collection of assessment is not considered a project under CEQA as there will be no direct or reasonably foreseeable indirect physical change in the environment.

RECOMMENDATION:

Adopt a Resolution Initiating Proceedings for the Annual Levy and Collection of Assessments and Ordering the Preparation of the Annual Engineer’s Report for Landscaping and Lighting Maintenance Assessment District No. 95-1 (McCarthy Ranch).

Attachment(s):
1) Location Map
2) Resolution

59 Item # C8.

CITY OF MILPITAS LANDSCAPING MAINTENANCE DISTRICT (LMD) 95-1 (N.T.S.) 2023-2024 FISCAL YEAR LANDSCAPE AREA FUNDED FOR MAINTENANCE 60 Item # C8.

RESOLUTION NO. ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS, INITIATING

PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 95-1 (MCCARTHY RANCH) FOR FISCAL YEAR 2023/24, ORDERING THE PREPARATION OF THE ANNUAL ENGINEER’S REPORT, AND MAKING CERTAIN FINDINGS

RELATED THERETO

WHEREAS, on May 2, 1995, the City Council (the “City Council”) of the City of Milpitas (the “City”) completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the “Act”) to establish Landscaping and Lighting Maintenance Assessment District No. 95-1 (McCarthy Ranch) (the “ Maintenance District”), for the purpose of paying for the installation, construction, maintenance and/or servicing of certain improvements authorized under the Act, and incidental expenses in connection therewith (collectively, the “Improvements”); and

WHEREAS, Section 22620, et seq. of the Act provides for the levy of annual assessments after formation of the Maintenance District; and

WHEREAS, the City has retained NBS Government Finance Group as assessment engineer for the purpose of assisting with the annual levy of the Maintenance District, and the preparation and filing of a report in accordance with Section 22565, et seq., of the Act (the “Engineer’s Report”); and

WHEREAS, pursuant to Section 22622 of the Act, the City Council wishes to initiate proceedings to provide for the levy of assessments for Fiscal Year 2023/24 in order to provide funding for the necessary costs and expenses pertaining to the maintenance of the Improvements within the Maintenance District.

NOW, THEREFORE, the City Council 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. Engineer’s Report: The City Council hereby orders NBS Government Finance Group to prepare and file with the City Clerk the Engineer’s Report concerning the levy and collection of assessments within the Maintenance District for the fiscal year commencing July 1, 2023, and ending June 30, 2024, in accordance with Section 22565, et seq., of the Act.

3. New Improvements or Changes to Existing Improvements: There are no changes to existing Improvements nor are there any items being added to the list of Improvements previously approved at the formation of the Maintenance District.

PASSED AND ADOPTED this _____ day of _________, 2023 by the following vote:

AYES:

NOES:
61 Item # C8.
2 Resolution No. ___

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

_____________________________ _____________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

_____________________________
Michael Mutalipassi, City Attorney
62 Item # C8.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt a Resolution Initiating Proceedings for the Annual Levy and Collection of Assessments and Ordering the Preparation of the Annual Engineer’s Report for Landscaping and Lighting Maintenance Assessment District No. 98-1 (Sinclair Horizon) (Staff Contact: Roberto Alonzo, Principal Civil Engineer, 408-586-3316) Category: Consent Calendar-Community Development
Meeting Date: 3/7/2023
Recommendation: Adopt a Resolution Initiating Proceedings for the Annual Levy and Collection of Assessments and Ordering the Preparation of the Annual Engineer’s Report for Landscaping and Lighting Maintenance Assessment District No. 98-1 (Sinclair Horizon)

BACKGROUND:

On June 16, 1998, the City Council completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, establishing the Landscaping and Lighting Maintenance Assessment District No. 98-1 (Sinclair Horizon) (LLMD 98-1) to provide for improvement and maintenance of public landscaping, irrigation, and pedestrian walking path adjacent to Sinclair Frontage Road and Los Coches Creek abutting the Sinclair Horizon residential subdivision as shown in the attached location map (Attachment 1).

ANALYSIS:

The Landscaping and Lighting Act of 1972 requires adoption (Attachment 2) of a resolution directing preparation of the annual engineer’s report evaluating LLMD 98-1 maintenance and improvement costs and generally describing any proposed new improvements or any substantial changes in existing improvements.

POLICY ALTERNATIVE(S):

Alternative 1:

Not adopt a resolution initiating proceeding for the annual levy and collection of assessments and ordering the preparation of the annual engineer’s report for LLMD 98-1.

Pros: None

Reason not recommended: To allow for the continued maintenance for LLMD 98-1, staff recommends ordering the preparation of the annual engineers’ report to begin the proceedings for the levy and collection of assessments for fiscal year 2023-24.

Fiscal Impact:

The levy and collection of assessments provides a funding resource for the City to improve and maintain public landscaping, irrigation, and pedestrian walking path within LLMD 98-1.

63 Item # C9.

California Environmental Quality Act:

Levy and collection of assessment is not considered a project under CEQA as there will be no direct or reasonably foreseeable indirect physical change in the environment.

RECOMMENDATION:

Attachment(s):
1) Location Map
2) Resolution

64 Item # C9.

CITY OF MILPITAS LANDSCAPING MAINTENANCE DISTRICT (LMD) 98-1 (N.T.S.) S T
2023-2024 FISCAL YEAR LANDSCAPE AREA FUNDED FOR MAINTENANCE 65 Item # C9.

RESOLUTION NO. ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS, INITIATING

PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT NO. 98-1 (SINCLAIR HORIZON) FOR FISCAL YEAR 2023/24, ORDERING THE PREPARATION OF THE ANNUAL ENGINEER’S REPORT, AND MAKING CERTAIN FINDINGS

RELATED THERETO

WHEREAS, on June 16, 1998, the City Council (the “City Council”) of the City of Milpitas (the “City”) completed its proceedings in accordance with and pursuant to the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the “Act”) to establish Landscaping and Lighting Mainten ance Assessment District No. 98-1 (Sinclair Horizon) (the “ Maintenance District”), for the purpose of paying for the installation, construction, maintenance and/or servicing of certain improvements authorized under the Act, and incidental expenses in connection therewith (collectively, the “Improvements”); and

WHEREAS, Section 22620, et seq. of the Act provides for the levy of annual assessments after formation of the Maintenance District; and

NOW, THEREFORE, the City Council 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. Engineer’s Report: The City Council hereby orders NBS Government Finance Group to prepare and file with the City Clerk the Engineer’s Report concerning the levy an d collection of assessments within the Maintenance District for the fiscal year commencing July 1, 2023, and ending June 30, 2024, in accordance with Section 22565, et seq., of the Act.

PASSED AND ADOPTED this ______ day of __________, 2023 by the following vote:

AYES:

NOES:
66 Item # C9.
2 Resolution No. ____

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

_____________________________ _____________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

_____________________________
Michael Mutalipassi, City Attorney

67 Item # C9.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt a Resolution Granting Acceptance of Public Improvements and Approve a Reduction of the Faithful Performance Bond for the Lantana Apartments Residential Project and Grant Authorization to the City Engineer to Release the Performance Bond after the One-year warranty period; (Staff Contact: Roberto Alonzo, Principal Civil Engineer, 408-586-3316)
Category: Consent Calendar-Community Development
Meeting Date: 3/7/2023
Recommendation: Adopt a resolution granting acceptance of the completed public improvements for the Lantana Apartments Residential Project as shown on Public Improvement Plans No. 2-1235; and approve a reduction in the faithful performance bond to $112,250.00, which is 25% of the security’s original value which shall be in effect for the duration of the warranty period; and grant authorization to the City Engineer to release the performance bond after the one-year warranty period without further City Council action provided that all required warranty work is completed to the satisfaction of the City Engineer.

BACKGROUND:

On June 6, 2018, the City Council approved the Subdivision Improvement Agreement for the Lantana Apartments Residential Project (Project) on a 2.35-acre site located at 1675 South Milpitas Boulevard (Formerly 720 Montague Expressway). New public improvements constructed by the Project include new streets; curb, gutters; sidewalk; utilities; streetlights; and other miscellaneous items of work.

ANALYSIS:

The Developer, S&B Milpitas, LLC, has successfully completed all required public improvements for the Project in accordance with the City approved public improvement plans. The public improvements are now ready for City Council acceptance and commencement of the 1-year warranty period. Staff recommends the City Council adopt a Resolution (attached) granting acceptance of the public improvements, and to approve a reduction of the performance bond to $112,250.00, which is 25% of the security’s original value, and grant authorization to the City Engineer to release the performance bond after the one-year warranty period without further City Council action provided that all required warranty work is completed to the satisfaction of the City Engineer.

A dispute regarding sewer services exists between S&B Milpitas, LLC and the City regarding sanitary sewer fees for the Lantana project. S&B Milpitas, LLC currently disputes $174,331.01 in outstanding sewer fees. S&B Milpitas, LLC presently owes $49,459.08 for undisputed sewer and water fees. The sewer and water fees are not related to the public improvements. The City Council has the sole discretion to reduce the security in any amount up to 75% of the original security, including, but not limited to, not reducing the security by any amount.

POLICY ALTERNATIVE(S):

Alternative 1:

Not approve a resolution granting acceptance of public improvements including the reduction of the performance bond.

Pros: None

68 Item # C10.

Cons: Not granting acceptance of the completed public improvements would limit use of improvements and would not promote the orderly completion and closeout of the Project, and it would be in conflict with the City’s obligation under the Subdivision Improvement Agreement.

Reason for Not Recommending: Granting the acceptance of the completed public improvements would allow public use of the improvements and provides for the completion and closeout of the Project as required by the Subdivision Improvement Agreement. Staff recommends the City Council adopt the resolution granting acceptance of public improvements.

FISCAL IMPACT:

Public Improvements completed as part of this project will be perpetually owned and maintained by the city following acceptance by the City Council and completion of the 1-year warranty period. The Public Works Department will be responsible for maintenance of the improvements and any required additional funding for ongoing maintenance will be requested through future budget appropriations as the Council adopts the annual operating budget for the Public Works Department.

California Environmental Quality Act (CEQA):

Granting acceptance of public improvements and reducing faithful performance bond for public improvements are not considered projects under CEQA as there will be no direct or reasonably foreseeable indirect physical change in the environment. Further, environmental analysis of the construction of public improvements was analyzed at the time the overall project, including the Subdivision Improvement Agreement was considered and approved by the City Council

RECOMMENDATION:

Adopt a resolution granting acceptance of the completed public improvements for the Lantana Apartments Residential Project as shown on Public Improvement Plans No. 2-1235; and approve a reduction in the faithful performance bond to $112,250.00, which is 25% of the security’s original value which shall be in effect for the duration of the warranty period; and grant authorization to the City Engineer to release the performance bond after the one-year warranty period without further City Council action provided that all required warranty work is completed to the satisfaction of the City Engineer.

Attachment(s):

Resolution
69 Item # C10.

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS APPROVING ACCEPTANCE AND REDUCING PERFORMANCE BOND OF LANTANA SUBDIVISION, TRACT 10432 AND GRANTING

AUTHORIZATION TO THE CITY ENGINEER TO RELEASE THE PERFORMANCE BOND AFTER THE

ONE-YEAR WARRANTY PERIOD

WHEREAS, the City Council of the City of Milpitas on June 6, 2018 approved the plans and specifications for the Lantana Subdivision, Tract No. 10432, (the “Project”) to be completed by S & B Milpitas , LLC as part of its residential development on 1675 S Milpitas Blvd (Formerly 720 Montague Expressway); and WHEREAS, the City of Milpitas has heretofore entered into a subdivision improvement agreement on June 5th, 2018 with S & B Milpitas, LLC, for the Lantana Subdivision (Tract No. 10432); and WHEREAS, S & B Milpitas , LLC , as Principal, and Philadelphia Indemnity Insurance Company , as Surety, executed and posted a certain Performance Bond N umber PB02762300166 conditioned upon the faithful performance of the provisions of said subdivision improvement agreement and upon the faithful performance of all improvement work required thereunder; and
WHEREAS, said public improvements for the Lantana Subdivision (Tract No. 10432) have been completed and the subdivision improvement agreement provides that the security shall extend for a period of one year after the date of acceptance of said improvements to cover the warranty period of said improvements under said agreement; and WHEREAS, the City Council is willing to consent to a reduction in the penal sum of said security during said one year warranty period; and
WHEREAS, the Interim City Engineer of the City of Milpitas has made a final inspection of said impr ovements for the Lantana Subdivision and recommends that the City Council of the City of Milpitas accept the same as constructed in accordance with the approved plans and specifications.

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. Those certain public improvements constructed as part of the Lantana Subdivision, Tract No. 10432, are hereby accepted as constructed in accordance with the approved plans and specifications upon recommendation of the City Engineer of the City of Milpitas.

3. The penal sum of the faithful performance bond securing said improvements may be reduced to the sum of $112,250.00, upon request of Principal and Surety, with said penal sum as reduced to apply from the date of completion and acceptance of said improvements and to extend for the balance of the term of one year of said security. Provided, however, that nothing herein contained shall in any way be deemed to be a waiver, release or relinquish by City of any obligations imposed upon the developer or his surety, or sureties, by law or by the above referend public improvement agreement, save and except as expressly set forth herein.

4. The City Council grants authorization to the City Engineer to release the performance bond after the one -year warranty period without further City Council action provided all required warranty work is completed to the satisfaction of the City Engineer.

70 Item # C10.

PASSED AND ADOPTED this _____ day of _________________, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

____________________________ ___________________
Mary Lavelle, City Clerk Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

____________________________
Michael Mutalipassi, City Attorney
71 Item # C10.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Approval of Fourth Amendment to Memorandum of Agreement with Other Santa Clara Valley Municipalities to Allow for the Continuation of the Santa Clara Valley Urban Runoff Pollution Prevention Program (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Elaine Marshall, Deputy Public Works Director, 408-586-2603)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 3/7/2023
Recommendation: Authorize the City Manager to execute the Fourth Amendment to the Memorandum of Agreement (MOU) for the Santa Clara Valley Urban Runoff Pollution Prevention Program which will allow for a five (5) year extension of the MOU with no change to the existing 2.75% cost share for the City of Milpitas.

BACKGROUND:

The Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP Program) was originally formed in 1990 through a Memorandum of Agreement (MOA) among Santa Clara Valley-based local governments, including the City of Milpitas. The SCVURPPP Program assists member local governments, including the City of Milpitas, to comply with a California Regional Water Board-issued permit which is required for discharges of storm water under the federal Clean Water Act (Stormwater Permit). The SCVURPPP Program was created in 1990 and is comprised of the Santa Clara Valley Water District (Valley Water), the County of Santa Clara, and thirteen cities and towns, including the City of Milpitas.

Most Bay Area municipalities, including the City of Milpitas and the 14 other participants in the SCVURPPP Program, were reissued a Stormwater Permit last spring, which became effective on July 1, 2022. This permit includes many of the requirements that were included in previous municipal regional Stormwater Permits. It also contains several new requirements designed to further address high priority water quality issues in Bay Area receiving waters.

In addition to helping negotiate the Stormwater Permit’s requirements with the Regional Water Board, the SCVURPPP Program staff support its members, including the City of Milpitas, in complying with the Stormwater Permit’s requirements. This work includes coordination of effort and leveraging of resources among the SCVURPPP Program’s participants, community outreach, water quality monitoring, research and development, collaboration with other stormwater programs, and in reporting to the Regional Water Board as required.

In short, the SCVURPPP Program has proven very useful to the City and is highly effective, winning several national awards issued by the U.S. Environmental Protection Agency. Accordingly, since its original formation, the City of Milpitas and all of its other participating local governments, have authorized a continuation of the SCVURPPP Program through adoption of simple non-substantive amendments to its MOA that are virtually identical to the current one on which approval is requested.

ANALYSIS:

The current term of the MOA governing the SCVURPPP Program as established through its last amendment is set to expire one year after the effective date of a new Stormwater Permit issued by the Regional Water Board.

Thus, absent timely adoption of another amendment by all participants extending its term, the SCVURPPP Program is set to expire on June 30, 2023.

72 Item # C11.

Accordingly, the Management Committee overseeing the SCVURPPP Program has voted to have its members submit a simple amendment to extend its term for another period running a year beyond the new Stormwater Permit’s duration for timely approval by their governing bodies (or duly delegated officials). In support of the requested approvals, they previously directed a review of the SCVURPPP Program’s internal controls, practices and performance by the firm of Hilton, Farnkopf and Hobson (HF&H). The review was completed in January 2023 and concluded that the SCVURPPP Program functions and budget are appropriately managed and in line with other Bay Area stormwater programs.

Based on the MOA’s terms governing amendments to it, even simple extensions of its term such as this must be unanimously approved by all participating municipalities within three months of being proposed through a recommendation of the SCVURPPP Program’s Management Committee. The Management Committee adopted such a recommendation on January 19, 2023 so that the participating municipalities would have until April 19, 2023 to consider this matter and execute their approvals in advance of the SCVURPPP Program otherwise needing to wrap up its affairs by July 1, 2023.

In sum, the requested extension of the MOA’s term will allow the SCVURPPP Program to continue to operate and serve the participating municipalities, including the City of Milpitas, throughout the new Stormwater Permit’s term and to help address reissuance of the successive Stormwater Permit by the Regional Water Board. Continuing the SCVURPPP Program will also provide for similar economies of scale and aligning of positions relative to reporting and compliance that have been achieved in the past.

As with all prior amendments, no change has been proposed relative to the funding allocation for the SCVURPPP Program, which was negotiated among the participating local governments at the time of its formation in 1990. The cost sharing allocation set forth in the MOA allocates 30.2% to Valley Water, 30.1% to the City of San Jose, and the remainder to the remaining 13 other municipalities that participate in the SCVURPPP Program in a manner roughly proportionate to community size and runoff from respective jurisdictions. The City of Milpitas’ share is 2.75%.

FISCAL IMPACT:

No fiscal impact. Funding for the City’s contribution to the SCVURPPP is included in the Public Works Operating Budget.

California Environmental Quality Act (CEQA):

Not a project. Approval of the recommendation is not an activity defined as a “project” under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines 15061(b) (3) and 15378(b)(4) either because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment and/or because the action is financial and/or administrative and does not directly impact the environment.

RECOMMENDATION:

Authorize the City Manager to execute the Fourth Amendment to the Memorandum of Agreement (MOU) for the Santa Clara Valley Urban Runoff Pollution Prevention Program which will allow for a five (5) year extension of the MOU with no change to the existing 2.75% cost share for the City of Milpitas.

Attachment(s):

1. Fourth Amendment to the Memorandum of Agreement for the Santa Clara Valley Urban Runoff Pollution Prevention Program

2. Original Memorandum of Agreement for the Santa Clara Valley Urban Runoff Pollution Prevention Program
73 Item # C11.
1 FOURTH AMENDMENT TO AGREEMENT

PROVIDING FOR IMPLEMENTATION OF

THE SANTA CLARA VALLEY URBAN RUNOFF

POLLUTION PREVENTION PROGRAM

THIS FOURTH AMENDMENT TO AGREEMENT PROVIDING FOR

IMPLEMENTATION OF THE SANTA CLARA VALLEY URBAN RUNOFF
POLLUTION PREVENTION PROGRAM (the “Amendment”) is entered into by and between the SANTA CLARA VALLEY WATER DISTRICT, a local public agency of the State of California (“District”); CITY OF CAMPBELL, a municipal corporation of the State of California; CITY OF CUPERTINO, a municipal corporation of the State of California; CITY OF LOS ALTOS, a municipal corporation of the State of California; TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California; TOWN OF LOS GATOS, a municipal corporation of the State of California; CITY OF MILPITAS, a municipal corporation of the State of California; CITY OF MONTE SERENO, a municipal corporation of the State of California; CITY OF MOUNTAIN VIEW, a municipal corporation of the State of California; CITY OF PALO ALTO, a municipal corporation of the State of California; CITY OF SAN JOSE, a municipal corporation of the State of California; CITY OF SANTA CLARA, a municipal corporation of the State of California; CITY OF SARATOGA, a municipal corporation of the State of California; CITY OF SUNNYVALE, a municipal corporation of the State of California; and COUNTY OF SANTA CLARA, a political subdivision of the State of California.

All of the above-mentioned entities are hereinafter collectively referred to as “Parties” or individually as “Party.”

RECITALS
A. The Parties previously entered into that certain Agreement Providing For Implementation of the Santa Clara Valley Urban Runoff Pollution Prevention Program (the “Agreement” or “MOA”) pursuant to which the Parties established certain terms and conditions relating to the implementation and oversight of the Santa Clara Valley Urban Runoff Pollution Prevention Program (the “Program”), including a cost sharing allocation, which was appended thereto as Exhibit A. Unless otherwise set forth herein, all terms shall have the meaning set forth in the Agreement as amended. A copy of the Agreement inclusive of Exhibit A is attached hereto as Appendix 1. A copy of the Agreement inclusive of all of its previous amendments is available via the internet at https://scvurppp.org/wp-
content/uploads/2019/10/MOA_2016_complete_package_DEC_2016.pdf); B. The Agreement originally provided for a five-year term, which, based on its execution, was set to conclude on or about March 10, 2005. However, on or about February 20, 2005, the Parties unanimously entered into a First Amendment to the Agreement, which extended the term of the Agreement by one additional year; 74 Item # C11.
2 C. The Parties thereafter unanimously entered into a Second Amendment to the Agreement, which extended the term of the amended Agreement by “one fiscal year beyond the termination date of the (then) next NPDES Permit issued to the Parties, including any administrative extension of the (then) next NPDES Permit’s term which occurred pursuant to the NPDES regulations.” The next NPDES permit applicable to the Parties (and others) was subsequently adopted by the California Regional Water Quality Control Board, San Francisco Bay Region (“RWQCB SFBR”) on October 14, 2009 and was known as the Municipal Regional Permit (“MRP”) because it covered numerous public agencies in the San Francisco Bay Region in addition to the Parties. The MRP was then administratively extended until a new NPDES Permit applicable to the Parties (and the other public entities in the San Francisco Bay Region) was adopted by the California Regional Water Quality Control Board, San Francisco Bay Region, on November 19, 2015 (“MRP 2.0”). MRP 2.0 became effective on January 1, 2016 and was originally scheduled to terminate on December 31, 2020; D. The Parties thereafter unanimously entered into a Third Amendment to the Agreement, which once again extended the term of the amended Agreement by “one fiscal year beyond the termination date of the next NPDES Permit issued to the Parties, including any administrative extension of the next NPDES Permit’s term which occurred pursuant to the NPDES regulations.” MRP 2.0 was then administratively extended, largely due to the COVID-19 pandemic, until a new NPDES Permit applicable to the Parties (and the other public entities in the San Francisco Bay Region) was adopted by the California Regional Water Quality Control Board, San Francisco Bay Region, on May 11, 2022 (“MRP 3.0”). MRP 3.0 became effective on July 1, 2022 and is currently scheduled to terminate on June 30, 2027 unless administratively extended; E. The Parties expect to utilize the Program to continue to represent their interests relative to MRP 3.0 (including with respect to an administrative appeal of its adoption that the State Water Resources Control Board is considering to pursue on its own motion), to help them effectuate certain aspects of compliance with MRP 3.0, and, beyond that, in negotiating the terms of a further renewed NPDES Permit when MRP 3.0 nears the end of its anticipated five-year term and any administrative extension provided thereto;
F. The Parties also expect to continue to utilize the Program’s preferred approach of achieving consensus to resolve issues and reach decisions, and to rely on the Majority Vote mechanism set forth in Section 2.08 of the Agreement at the Management Committee level only when consensus-based resolutions appear or become elusive; G. The Parties now desire to update the Agreement as previously amended and further extend the term of the MOA as set forth below; H. Section 7.02 of the MOA provides that it may be amended by the unanimous written agreement of the Parties and that all Parties agree to bring any proposed amendments to their Council or Board, as applicable, within three (3) months following acceptance by the Management Committee; and
75 Item # C11.
3 I. The Program’s Management Committee accepted this Amendment for referral to the Parties’ Councils and/or Boards at its meeting on January 19, 2023.

NOW, THEREFORE, THE PARTIES HERETO FURTHER AGREE AS
FOLLOWS:

1. Recognition of Current Permit. Recital F of the Agreement, as previously amended, is hereby further amended by the addition of the following subsections:

6. Order No. R2-2009-0074 (the Municipal Regional Permit, NPDES Permit CAS612008); adopted October 14, 2009 and amended by the RWQCB SFBR on November 28, 2011;

7. Order No. R2-2015-0049 (MRP 2.0, NPDES Permit CAS612008); adopted by the RWQCB SFBR on November 19, 2015;

8. Order No. R2-2022-0018 (MRP 3.0, NPDES Permit CAS612008); adopted by the RWQCB SFBR on May 11, 2022.

2. Extension of Term of Agreement. Sections 6.02 and 6.02.01 of the Agreement, as previously amended, are hereby replaced as follows:

This Agreement shall have a term extending one fiscal year beyond the date of termination of MRP 3.0; such termination date shall, however, be deemed to include any administrative extension of MRP 3.0 which occurs or arises pursuant to the NPDES regulations or any modification of the MRP 3.0
termination date that arises from an NPDES permitting action undertaken by the RWQCB SFBR or California State Water
Resources Control Board.

3. Superseding Effect. This Fourth Amendment of the Agreement shall supplement all prior amendments of the Agreement and supersede any conflicting provisions of the prior amendments of the Agreement.

[remainder of page intentionally blank]
76 Item # C11.
4 IN WITNESS WHEREOF, the Parties have executed this Fourth Amendment effective as of the last date indicated below or April 19, 2023, whichever arises earlier.

Santa Clara Valley Water District: By: ____________________________________ Name: ____________________________________
Title: ____________________________________
Date: ____________________________________
County of Santa Clara: By: ____________________________________ Name: ____________________________________
Title: ____________________________________
Date: ____________________________________
City of Milpitas: By: ____________________________________ Name: ____________________________________
Title: ____________________________________
Date: ____________________________________

77 Item # C11.
78 Item # C11.
79 Item # C11.
80 Item # C11.
81 Item # C11.
82 Item # C11.
83 Item # C11.
84 Item # C11.
85 Item # C11.
86 Item # C11.
87 Item # C11.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt a Resolution to Appoint Second Council Liaison to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Community Task Force (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001; and Mayor Montano, 408-586-3024)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 3/7/2023
Recommendation: (1) Adopt a resolution approving the addition of a second City Council Liaison to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Task Force; and (2) Approve the Mayor's Appointment of Vice Mayor Evelyn Chua as the second City Council Liaison to the CEDAW Task Force.

Background:

The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), an international human rights treaty, provides a universal definition of discrimination against women and brings attention to a range of issues concerning women's human rights. Countries that ratify CEDAW are mandated to condemn all forms of discrimination against women and girls and to ensure equality for women and girls in the civil, political, economic, social and cultural arenas. The United Nations General Assembly adopted CEDAW in 1979 and President Carter signed the treaty on behalf of the United States in 1980, but the United States Senate has not yet ratified CEDAW. Since 1995, state and local jurisdictions have stepped up and passed resolutions in support of CEDAW. Some have implemented ordinances establishing CEDAW principles as law. In 2014, municipalities across the nation began signing onto the Cities for CEDAW Initiative, pledging to step up where the federal government has failed and implement the principles of CEDAW at the local level.

The City of Milpitas passed Resolution No. 8973 on May 19, 2020, in support of CEDAW, and on June 16, 2020, adopted Ordinance No. 306 which directed the establishment of a community Task Force to implement the principles of CEDAW in the Milpitas community at large. In preparation for the formation of the Task Force, City Staff applied for and was awarded $25,000 from the California Commission on the Status of Women and Girls “Women’s Recovery Response”, for staff support to form the new Task Force for 6 months.

Per Ordinance No. 306, the Task Force has six members, including one (1) Council Liaison (to be appointed by the Mayor with concurrence of the Council). On September 6, 2002, City Council approved the appointment of CEDAW Task Force Members as:

Applicant Name Applicant Title Applicant Organization Proposed Task Force Representative Seat
Vicky Ly ASB President Girl UP Club – MHS Youth Liaison – Girl UP Zakia Afrin Board Member Maitri – Domestic
Violence Victims’
Advocacy
Violence Against Women
and Girls
Giuliana Brahim Adult Education Principal Milpitas Unified School District
Economic Development
Dr. Swatisikta Physician Healthcare Practice Healthcare Ashwini Kantak Assistant City Manager City of Milpitas City Representative Carmen Montano Mayor City of Milpitas Council Representative

On January 10, 2023, the City Council approved appointments of City Councilmembers as Liaisons to City Commissions, City Subcommittees, and Outside Agency Boards and Committees and Vice Mayor Evelyn Chua was appointed as the alternate City Council liaison to the CEDAW Task Force. At the February 27, 2023 88 Item # C12.

CEDAW Task Force Meeting, the Task Force voted unanimously to recommend the City Council approve the appointment of a second City Council liaison to the Task Force.

Analysis:

According to the section of Ordinance No. 306, Implementation of the Principles of CEDAW in Milpitas (Community Task Force), item (c) “Further details about the Task Force can be established through the adoption of a resolution of the City Council.” Through the adoption of this proposed resolution the updated CEDAW Task Force members would be:

 One member with subject matter expertise in Economic Development  One member with subject matter expertise in Violence Against Women and Girls  One member with subject matter expertise in Healthcare  One youth liaison member from the club “Girl Up” from the Milpitas High School  Two Council Liaisons (to be appointed by the Mayor with concurrence of the Council)  One Staff Liaison (to be appointed by the City Manager)

Considering that Vice Mayor Evelyn Chua is currently the alternate Council liaison to the Task Force, the Vice Mayor is recommended for consideration for appointment to the CEDAW Task Force as the second Council Liaison.

Fiscal Impact:

There is no fiscal impact with this item or the appointment of members to the CEDAW Task Force.

California Environmental Quality Act:

By the definition provided in the California Environmental Quality Act (CEQA) Guidelines Section 15378, this action does not qualify as a “project” for the purpose of CEQA.

Recommendation(s):
(1) Adopt a resolution approving the addition of a second City Council Liaison to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Task Force; and (2) Approve the Mayor's Appointment of Vice Mayor Evelyn Chua as the second City Council Liaison to the CEDAW Task Force.

Attachment:

1. Resolution
89 Item # C12.

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS APPROVING THE

ADDITION OF A SECOND COUNCIL LIAISON MEMBER TO THE CONVENTION ON THE

ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN (CEDAW)

COMMUNITY TASK FORCE

WHEREAS, the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), an international human rights treaty, provides a universal definition of discrimination aga inst women and brings attention to a whole range of issues concerning women's human rights. Countries that ratify CEDAW are mandated to condemn all forms of discrimination against women and girls and to ensure equality for women and girls in the civil, political, economic, social and cultural arenas. The United Nations General Assembly adopted CEDAW in 1979 and President Carter signed the treaty on behalf of the United States in 1980, but the United States Senate has not yet ratified CEDAW; and

WHEREAS, since 1995, state and local jurisdictions have stepped up and passed resolutions in support of CEDAW. Some have implemented ordinances establishing CEDAW principles as law. In 2014, municipalities across the nation began signing onto the Cities for CEDAW In itiative, pledging to step up where the federal government has failed and implement the principles of CEDAW at the local level; and

WHEREAS, indeed, there is a continued need for the City of Milpitas to protect the human rights of women and girls by addr essing discrimination, including violence, against them and to implement, locally, the principles of CEDAW. Adherence to the principles of CEDAW on the local level will especially promote equal access to and equity in health care, employment, economic deve lopment and educational opportunities for women and girls and will also address the continuing and critical problems of violence against women and girls; and

WHEREAS, the City of Milpitas adopted Ordinance No. 306 on August 4, 2020, calling for the City to establish a community task force to implement the principles of CEDAW. That ordinance also established that the method for further details about the task force would be made through the adoption of a resolution of the City Council.

NOW, THEREFORE, the City Council of the City of Milpitas hereby find s, 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.

2. The CEDAW Task Force membership shall be revised to include two (2) Council Liaison members to be appointed by the Mayor with concurrence of Council.

PASSED AND ADOPTED this day of , 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
90 Item # C12.

Resolution No. ____

ATTEST: APPROVED:

Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

Michael Mutalipassi, City Attorney
91 Item # C12.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Consider the Recommendation from Mayor Montano for Appointments to City Commissions (Contact: Mayor Montano, 408-586-3024)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 3/7/2023
Recommendation: Receive the recommendation from Mayor Montano and approve appointments to City Commissions

Background:

The City of Milpitas has 13 Commissions (including the Measure F Oversight Committee), with members appointed by the Mayor and confirmed by the City Council. The Commissions advise the Milpitas elected officials on a variety of community interest and policy areas.

Any resident interested in serving on a City Commission must complete a Commission Application and submit the form to the City Clerk. Copies of the applications are provided to the Mayor for her consideration. Per Government Code 40605, in a general law city where the office of Mayor is an elective office, the Mayor with the approval of the City Council, shall make all appointments to boards, commissions, and committees unless otherwise specifically provided by statute.

Current Commissioners may seek to be reappointed upon the expiration of their current term, but reappointment to a new term is not automatic. Those Commissioners seeking reappointment must contact the City Clerk and the Mayor to convey their request. Re-appointment must be recommended by the Mayor and confirmed by the City Council.

Analysis:

Mayor Montano is making the following recommendations for appointment:

Community Advisory Commission:

1. Promote Jose Geronimo to a full voting seat with a term ending January 2026.

2. Appoint Miguel Bilbao to a full voting seat with a term ending January 2026.

3. Appoint Raghu Reddy to a full voting seat with a term ending January 2026.

4. Appoint Andrea D’George as Alternate No. 1 with an unexpired term ending January 2024.

5. Appoint Vishal Gandhi as Alternate No. 2 with a term ending January 2026.

Economic Development and Trade Commission:

1. Appoint Paul Medewar to the hospitality seat with an unexpired term ending April 2024.

Parks, Recreation, and Cultural Resources Commission:

1. Appoint Juliette Gomez to a full voting seat with a term ending June 2026.

2. Appoint Peter Felix to a full voting seat with an unexpired term ending June 2025.

Senior Advisory Commission:

1. Appoint Simon Chu as Alternate No. 2 with a term ending December 2026.

Science, Technology, and Innovation Commission:

1. Appoint Pulak Mehta to a full voting seat with a term ending January 2026.

2. Appoint Suresh Sinha as Alternate No. 2 with a term ending January 2026.

Veterans Commission: 92
Item # C13.

1. Appoint Diego Hammett to a full voting seat with an unexpired term ending February 2025.

2. Appoint Rich Tran as Alternate No. 1 with an unexpired term ending February 2025.

3. Appoint Leo Garcia as Alternate No. 2 with an unexpired term ending February 2025.

All recommended Commissioner appointments have been reviewed and confirmed by the City Clerk’s office.

Fiscal Impact:

There is no fiscal impact associated with this item.

Recommendation:

Receive the recommendation from Mayor Montano and approve appointments to City Commissions.

Attachments:

1. Applications for Appointments
93 Item # C13.

COMMISSION/COMMITTEE APPLYING FOR: Public Safety and Emergency Preparedness Commission Name Jose Geronimo
Address Type Residence
Address
City Milpitas
Postal/Zip Code 95035
Mobile Number
E-Mail Address @gmail.com

Occupation Sales Analyst
Education: If Youth Advisory Commission
applicant, indicate your grade/school:

MBA Marketing, BS Accounting
College, Professional, Vocational, or other
schools attended

GGU, SJSU
List community organizations to which you belong or have belonged (additional information may be attached).

If application is for Veterans Commission, indicate branch and service in any U.S. military organization (retired or active duty).

Briefly describe the personal qualifications you possess which you believe would be an asset (additional information may be attached):

Lived in Milpitas since the 90s and have loved the city, loved it enough to call my recording studio I founded East 237 Recording Studio.

Why? Because it took me home to Milpitas.

I am applying for Satety commission because my concerns for my family, and every Milpitas families. I want to be able to influence change, not just watch on the sidelines.

Thank you
Jose
Date Sep 22, 2022
I have sufficient time to devote to this
responsibility and will attend the required
meetings if I am appointed to fill a future vacancy.

I hereby certify that all statements contained in
this application are true.

Appointments to Commissions or Committees are made by the Mayor with the concurrence of the City Council. Applications not acted upon will expire after one year from the date submitted unless renewed by the applicant. Once submitted, your application will be submitted to the City Clerk.

NOTE: ALL COMMISSION APPLICATIONS ARE PUBLIC RECORD
94 Item # C13.
95 Item # C13.
96 Item # C13.

COMMISSION/COMMITTEE APPLYING FOR: Community Advisory Commission Name Raghu Reddy
Address
City Milpitas
Postal/Zip Code 95035
Mobile Number
E-Mail Address @gmail.com

Present Employer Oracle

List community organizations to which you belong or have belonged (additional information may be attached).

If application is for Veterans Commission, indicate branch and service in any U.S. military organization (retired or active duty).

Briefly describe the personal qualifications you possess which you believe would be an asset (additional information may be attached):

Greetings,
Hope you are doing well!
I am a resident of Milpitas for over a decade and an IT professional and a Community leader for over 2 decades.

A US citizen and reside on my own property. My both Kids are going to Milpitas Schools.

I am the BOD and office bearer for various Nonprofit organizations in the US.

I am the Chairmen- Benefit of the largest Telugu Association in the USA.

Presently I am Also the county Commissioner for the last three years.

I have enough prudent bandwidth to attend all the meetings for this commission which is on the 1st Wednesday of each month and will be a great asset to the commission.

My vast and paramount community experience will help Community and neighborhood development issues and beautification in our Milpitas city.

Appreciate your nimble opportunity to serve the commission.

Thanks and have a wonderful Day!
Raghu
Date Sep 28, 2022
I have sufficient time to devote to this
responsibility and will attend the required
meetings if I am appointed to fill a future vacancy.

I hereby certify that all statements contained in
this application are true.

NOTE: ALL COMMISSION APPLICATIONS ARE PUBLIC RECORD
97 Item # C13.
98 Item # C13.
99 Item # C13.
1 Christine Pham
From: @gmail.com
Sent: Thursday, January 5, 2023 2:25 PM
To: Christine Pham
Cc: Michelle Silva; Robert Musallam
Subject: Re: Community Advisory Commission
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links.

Hi Christine,

I would like to be reappointed.

Thanks,
Vishal

On Thursday, January 5, 2023 at 02:09:54 PM PST, Christine Pham <[email protected]> wrote:

Hi Vishal,

My name is Christine with the Milpitas City Clerk office. I’m reaching out to you as your term for the Community Advisory Commission is set to expire this month and we would like to see if you’re interested in being reappointed. We look forward to hearing from you.

Thanks,
Christine Pham

100
Item # C13.

COMMISSION/COMMITTEE APPLYING FOR: Economic Development and Trade Commission Name Paul Medawar
Address Type Business
Address
City Milpitas
Postal/Zip Code 95035
Mobile Number
E-Mail Address @sonesta.com

Present Employer Sonesta Hotels

Occupation General Manager
Education: If Youth Advisory Commission
applicant, indicate your grade/school:

Mount Carmel High School
College, Professional, Vocational, or other
schools attended
San Diego Mesa College
Major Subject AA
List community organizations to which you belong or have belonged (additional information may be attached).

Name of Organization Greater Albuquerque Innkeepers Assc.

Member BOD
Name of Organization Hotel Security Directors ABQ
Member BOD
Name of Organization Cupertino Chamber of Commerce
Member BOD
If application is for Veterans Commission, indicate branch and service in any U.S. military organization (retired or active duty).

Date Feb 17, 2023
I have sufficient time to devote to this
responsibility and will attend the required
meetings if I am appointed to fill a future vacancy.

I hereby certify that all statements contained in
this application are true.

NOTE: ALL COMMISSION APPLICATIONS ARE PUBLIC RECORD
101
Item # C13.

COMMISSION/COMMITTEE APPLYING FOR: Parks, Recreation and Cultural Resources Commission Name Juliette Gomez
Address Type Residence
Address
City Milpitas
Postal/Zip Code 95035
Mobile Number
E-Mail Address @gmail.com

Present Employer Juniper Networks

Occupation Executive Coordinator
List community organizations to which you belong or have belonged (additional information may be attached).

If application is for Veterans Commission, indicate branch and service in any U.S. military organization (retired or active duty).

Briefly describe the personal qualifications you possess which you believe would be an asset (additional information may be attached):

I have over 30 years of experience coordinating and managing events.

Date Feb 17, 2023
I have sufficient time to devote to this
responsibility and will attend the required
meetings if I am appointed to fill a future vacancy.

I hereby certify that all statements contained in
this application are true.

NOTE: ALL COMMISSION APPLICATIONS ARE PUBLIC RECORD
102
Item # C13.
103
Item # C13.

COMMISSION/COMMITTEE APPLYING FOR: Senior Advisory Commission Name Simon C Chu
Address Type Residence
Address
City Milpitas
Postal/Zip Code 95035
Mobile Number
E-Mail Address @gmail.com

Present Employer Retired

Occupation Retired chemist
College, Professional, Vocational, or other
schools attended
State University of New York, Stony Brook
Major Subject Chemistry
Degree Ph.D.

List community organizations to which you belong or have belonged (additional information may be attached).

Name of Organization MUSD
Member Substitute teacher
If application is for Veterans Commission, indicate branch and service in any U.S. military organization (retired or active duty).

Briefly describe the personal qualifications you possess which you believe would be an asset (additional information may be attached):

Resume attached
Upload a File SimonChuCV.pdf
Date Jan 25, 2023
I have sufficient time to devote to this
responsibility and will attend the required
meetings if I am appointed to fill a future vacancy.

I hereby certify that all statements contained in
this application are true.

NOTE: ALL COMMISSION APPLICATIONS ARE PUBLIC RECORD
104
Item # C13.
1 Christine Pham
From: Pulak Mehta < @gmail.com>
Sent: Monday, January 9, 2023 4:08 AM
To: Christine Pham
Subject: Re: Science, Technology and Innovation Commission CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links.

Hi Christine,

I’m interested in continuing.

Best,
Pulak
Sent from my iPhone

On Jan 5, 2023, at 2:12 PM, Christine Pham <[email protected]> wrote:

Hi Pulak,

My name is Christine with the Milpitas City Clerk office. I’m reaching out to you as your term for the Science, Technology and Innovation Commission is set to expire this month and we would like to see if you’re interested in being reappointed. We look forward to hearing from you.

Thanks,
Christine Pham

105
Item # C13.

COMMISSION/COMMITTEE APPLYING FOR: Science, Technology and Innovation Commission Name Suresh Kumar Sinha
Address
City Milpitas
Postal/Zip Code 95035
Mobile Number
E-Mail Address @gmail.com

Present Employer Oracle Corporation
Business Address (Optional) 4110 Network Circle, Building 10 City Santa Clara
Postal / Zip code 95054

Occupation Sr. Principal Cybersecurity advisor
College, Professional, Vocational, or other
schools attended
Northwestern polytechnic university, Fremont and University of Lucknow, India Major Subject Computer Application, Economics and copmmerce Degree MBA and MCom
List community organizations to which you belong or have belonged (additional information may be attached).

If application is for Veterans Commission, indicate branch and service in any U.S. military organization (retired or active duty).

Briefly describe the personal qualifications you possess which you believe would be an asset (additional information may be attached):

I have been working in hi-tech for almost 3 decades. I work in technology and understand the benefits and the inherent risks. I am good at using technologies for the benefits of corporations, assessing future needs and managing risks it comes with.

Date Jan 13, 2023
I have sufficient time to devote to this
responsibility and will attend the required
meetings if I am appointed to fill a future vacancy.

I hereby certify that all statements contained in
this application are true.

NOTE: ALL COMMISSION APPLICATIONS ARE PUBLIC RECORD
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COMMISSION/COMMITTEE APPLYING FOR: Veterans Commission
Name Richard Tran
Address Type Residence
Address
City Milpitas
Postal/Zip Code 95035
Mobile Number
E-Mail Address @gmail.com

List community organizations to which you belong or have belonged (additional information may be attached).

If application is for Veterans Commission, indicate branch and service in any U.S. military organization (retired or active duty).

Branch of Military Air Force (ANG)/DD214
Briefly describe the personal qualifications you possess which you believe would be an asset (additional information may be attached):

Proud to serve.

Date Jan 03, 2023
I have sufficient time to devote to this
responsibility and will attend the required
meetings if I am appointed to fill a future vacancy.

I hereby certify that all statements contained in
this application are true.

NOTE: ALL COMMISSION APPLICATIONS ARE PUBLIC RECORD
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Item # C13.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt a Resolution to End the Emergency Proclaimed by then Interim City Manager on March 12, 2020, and Ratified by the City Council on March 17, 2020 (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3056) Category: Consent Calendar-Public Safety

Meeting Date: 3/7/2023
Recommendation: Adopt a resolution of the City Council of the City of Milpitas for Termination of the Proclamation of Local Emergency regarding Novel Coronavirus (COVID-19).

BACKGROUND:

In March 2020, the World Health Organization (WHO) declared COVID-19 a global pandemic. As the virus spread through California, the Governor’s Office of Emergency Services and the County Office of Emergency Management declared emergency proclamations. The City of Milpitas’ Emergency Services Director, the then Interim City Manager Steve McHarris, signed the Milpitas Emergency Proclamation on Thursday, March 12, 2020, and the City Council ratified it on March 17, 2020. This allowed the City to procure services nimbly and efficiently and to potentially be eligible for reimbursement from FEMA for any costs incurred as a result of the City’s response to the pandemic.

ANALYSIS:

The declaration of the local state of emergency allowed the City to coordinate public health response to reduce transmission and illness severity, provide assistance to health care providers, coordinate and mitigate public services that were disrupted from this emergency, and mitigate any other effects of this emergency on the residents of Milpitas. It also allowed the City to submit costs incurred as a result of the pandemic, to FEMA for reimbursement.

With COVID-19 related hospitalizations and deaths dramatically reduced due to the state’s vaccination and public health efforts, Governor Newsom issued a proclamation terminating the state’s COVID -19 State of Emergency on February 28, 2023. Santa Clara County also transitioned out of the emergency phase of the pandemic by the end of February, to align with the State’s action. Staff is recommending ending the local state of emergency, in alignment with actions of the State and County.

POLICY ALTERNATIVE:

Not Applicable

FISCAL IMPACT:

None

California Environmental Quality Act (CEQA):

Not applicable.
114
Item # C14.

RECOMMENDATION:

Adopt a resolution of the City Council of the City of Milpitas for Termination of the Proclamation of Local Emergency regarding Novel Coronavirus (COVID-19).

Attachments:

1. Draft Resolution

115
Item # C14.

Resolution No. ____
RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS FOR

TERMINATION OF THE PROCLAMATION OF LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID-19)
WHEREAS, California Government Code Section 8630 authorizes local agencies to proclaim local emergencies when such events occur as are defined by California Government Code Section 8558(c); and
WHEREAS, Milpitas Municipal Code Title V, Chapter 1, Section 4.02-1 of the City of Milpitas empowers the City Manager as the Director of the Emergency Services to proclaim the existence or threatened existence of a local emergency when the City of Milpitas is affected or likely to be affected by a public calamity and City Council is not in session; and WHEREAS, on March 4, 2020 , California Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple State agencies and departments, and help the state prepare for broader spread of COVID-19; and

WHEREAS, the County of Santa Clara and the Department of Public Health proclaim ed a local and public health emergency as a result of reported cases and deaths related to COVID-19; and WHEREAS, the Milpitas Director of Emergency Services and then Interim City Manager proclaimed a local state of emergency related to the COVID-19 pandemic on March 12, 2020; and WHEREAS, the Milpitas City Council ratified by Resolution No. 8953 the proclaimed local state of emergency related to COVID-19 on March 17, 2020; and WHEREAS, Government Code section 8630 generally requires the City Council to review the need for continuing the local emergency at least every sixty (60) days, but as part of Governor Gavin Newsom’s March 4, 2020 Declaration of a State of Emergency in California due to COVID -19, that provision was waived for the duration of the statewide emergency, allowing the City to maintain its emergency in place until terminated by the City Council; and

WHEREAS, on February 28, 2023, California Governor Newsom issued a proclamation terminating the state’s COVID-19 State of Emergency; and

WHEREAS, Santa Clara County transitioned out of the emergency phase of the pandemic in February of 2023, to align with the State’s action; and

WHEREAS, the City of Milpitas wishes to end the State of Emergency declared on March 12, 2020 and thereafter ratified by Council resolution on March 17, 2020.

NOW, THEREFORE, the City Council of the City of Milpitas hereby finds, determines, and resolves as follows:

1. The local Emergency Order Proclamation made by the Director of Emergency Services and Interim City Manager on March 12, 2020 as ratified and adopted by the Milpitas City Council by Council Resolution No. 8953 on March 17, 2020 is hereby terminated.

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Item # C14.

Resolution No. ____

PASSED AND ADOPTED this day of 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

Michael Multipassi, City Attorney
117
Item # C14.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Conduct a Public Hearing for the 2023 Weed Abatement Program and Adopt a Resolution to Abate the Weeds (Staff Contact: Arthur Belton, Deputy Fire Chief/ Fire Marshal, 408-586-3384)
Category: Public Hearings-Public Safety
Meeting Date: 3/7/2022
Recommendation: Conduct a Public Hearing and adopt a resolution directing the County of Santa Clara Consumer and Environmental Protection Agency- Weed Abatement Program to abate the nuisance, keep an account of the cost, and embody such account in a report and assessment list to the City Council in accordance with the Milpitas Municipal Code.

BACKGROUND:

Fire risk in California with regards to climate has been steadily increasing each wildfire season. Much of the loss to property and life is attributed to areas known as Wildland Urban Interface (WUI) where housing development has been integrated into traditionally open land space, but some notable fire storms have not been limited to only WUI, resulting in rapid fire spread within fully developed city landscapes. Three factors that contribute to wildfire behavior and spread are weather, topography and fuel load. Of these factors, fuel load is the one that can be engaged proactively to reduce the risk of fire initiation and spread. As a result, community fire prevention efforts focus on factors such as fuel reduction and defensible space. Weeds are significant contributors to initial and escalating fire growth. Categorized as light, flashy fuels, they are an easily ignitable fuel source that burns rapidly, increasing fire risk both in frequency and size. For many years Milpitas has been successful in reducing the fire risk of these light, flashy fuels through a weed abatement program.

On February 2, 1976, an Agreement was established and approved to abate weeds by the County of Santa Clara for the City of Milpitas. On June 21, 2022, City Council approved an amended and restated agreement, authorizing the City Manager to execute and sign the updated agreement. The purpose of the Agreement is to promote the efficiency and economy of operations in the abatement of weeds by the City and the County. The major procedural functions to be performed by the County and / or City shall include but not limited to:

1. The County shall prepare the list of parcels requiring abatement of weeds in the City and transmit the said list to the City for review and approval for processing.

2. The County shall prepare the notice of weed abatement and cause such notice to be mailed to the owners of the parcels requiring weed abatement.

3. The City Council shall conduct public hearings on the proposed removal of weeds pursuant to the provisions of the City Ordinance when the City Fire Marshal presents such appropriate resolutions for adoption. The City Council may by resolution declare the weeds on the respective parcels of the land as nuisance and make the determination to proceed with the abatement of weeds, and authorize the performance of the service to remove the weeds in accordance with the aforementioned Agreement.

4. Upon proper authorization by the City, the County shall remove the weeds on the designated properties.

5. The County shall render to the City an itemized assessment report for the cost of the weed abatement services performed per the respective parcels.

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Item # 15.

6. The City Council, after a public hearing, shall require the County Assessor’s Office to include the costs of the weed abatement services performed for the City for the current year, as a special assessment on bills for taxes levied against the affected parcels. Such special assessments shall be liens on the respective properties.

7. Pursuant to California Health and Safety Code 14915, a copy of the report, as confirmed, shall be turned over to the auditor of the county, on or before the tenth day of August following such confirmation, and the auditor shall enter the amounts of the assessments against the respective parcels of land as they appear on the current assessment roll, (Amended by Stats. 1939, Ch. 354).

ANALYSIS:

On February 7, 2023, the City Council adopted Resolution No. 9215 declaring weeds on certain described properties to be a public nuisance, and to set a public hearing for March 7, 2023. A copy of the resolution was forwarded to the County of Santa Clara Consumer and Environmental Protection Agency- Weed Abatement Program (County). A notice for the public hearing was sent by the City Clerk’s Office to the local newspaper for publication. Additionally, the notice was mailed to owners of the properties proposed for abatement by the City of Milpitas and the County. The purpose of the public hearing is for the parcel owners who object to the removal of the weeds to state their objections before the weeds are removed and the costs made as a lien upon the property. A list of properties to be abated is included in the City Council’s agenda packet along with a resolution directing the County to abate the weeds.

POLICY ALTERNATIVE(S):

Alternative 1: Not pass a resolution
Pros: None
Cons: This would reverse a long-standing agreement with Santa Clara County to provide weed abatement service within the City of Milpitas
Reason for Not Recommending: Without a resolution, property owners will not be notified and weed abatement will not be conducted. Weeds covered under this program, classified as “light flashy fuels” are prone to easy ignition and contribute significantly to rapid fire growth. Left unmitigated, these weeds pose a significant public safety issue in terms of fire potential.

FISCAL IMPACT:

At the first City Council meeting in August of each year during a public hearing, the City’s municipal code provides that the City Council hear the assessment report for the list of weeds abated within the City, together with any objections of the property owners liable to be assessed, and to make such modifications on the proposed assessment as it deems necessary. Following adoption by the City Council, the resolution will be recorded and charges thereon become a lien on the land involved to be collected in the same manner as property taxes.

California Environmental Quality Act (CEQA):

The action being considered has no potential for causing a significant effect on the environment and is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).

RECOMMENDATION:

1. Open the Public Hearing and close following public comments.

2. Adopt a resolution directing the County of Santa Clara Consumer and Environmental Protection Agency- Weed Abatement Program to abate the nuisance, keep an account of the cost, and embody such account in a report and assessment list to the City Council in accordance with the Milpitas Municipal Code.

Attachment(s):
119
Item # 15.

Resolution with attached Exhibit A - 2023 Weed Abatement Program Commencement Report (68 parcels) for the City of Milpitas

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Item # 15.

RESOLUTION NO. ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS AUTHORIZING THE CITY

MANAGER TO CONTRACT WITH THE OFFICE OF SANTA CLARA COUNTY CONSUMER AND ENVIRONMENTAL PROTECTION AGENCY – WEED ABATEMENT PROGRAM TO ABATE WEEDS

AND/OR CAUSE THE REMOVAL OF RUBBISH, REFUSE OR DIRT DECLARED TO BE A PUBLIC

NUISANCE, TO KEEP AN ACCOUNT OF THE COSTS OF ABATING SUCH NUISANCE, AND TO FILE

SUCH ACCOUNT IN A REPORT AND ASSESSMENT LIST WITH THE CITY COUNCIL

WHEREAS, the City Council of the City of Milpitas adopted Resolution No. 9215 on February 7, 2023, declaring weeds and/or the accumulation of rubbish, refuse or dirt on the properties listed on the annual list attached hereto as Exhibit A to be a public nuisance and setting a public h earing in accordance with Title V, Chapter 202 of the Milpitas Municipal Code; and

WHEREAS, a public hearing was duly noticed as required by law and such hearing was held on March 7, 2023, to hear public comments and consider any objections to the proposed removal of the weeds, rubbish, refuse and/or dirt; and

WHEREAS, the City Council duly considered and overruled any objections to the proposed nuisance abatement by the Office of Santa Clara County Consumer and Environmental Protection Agency – Weed Abatement Program.

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 hereby ordered and authorized to contract with the Office of Santa Clara County Consumer and Environmental Protection Agency – Weed Abatement Pr ogram to abate such public nuisances existing on those properties included on the attached Exhibit A. The Office of Santa Clara County Consumer and Environmental Protection Agency – Weed Abatement Program shall keep an account of the cost of abatement on each listed parcel and submit to the City Clerk, for confirmation by the City Council, an itemized written report showing such costs to be assessed on the listed properties as provided for in the Milpitas Municipal Code, Sections V-202-7.00 through V-202-10.00.

PASSED AND ADOPTED this 7th day of March, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

_________________________________ ______________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

_________________________________
Michael Multalipassi, City Attorney
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Item # 15.
1 634 N ST 022-06-010
2 7280 DR 022-07-007
3 549 ST 022-09-028
4 99 S ST 022-24-017
5 111 ST 022-24-040
6 1735 CL 022-37-002
7 1301 CL 022-38-002
8 81 RD 026-05-021
9 RD 026-05-023
10 1878 A N BL 026-05-024
11 51 RD 026-05-053
12 0 026-06-012
13 1720 AV 026-07-016
14 1750 AV 026-07-044
15 1840 AV 026-07-051
16 0 LN 028-23-017
17 0 028-24-006
18 1301 029-05-012
19 880 RD 029-06-003
20 666 RD 029-06-008
21 860 RD 029-06-016
22 826 DR 029-06-031
23 898 DR 029-06-038
24 322 DR 029-16-006
25 1220 DR 029-52-014
26 1039 CT 029-52-015
27 673 LN 029-59-014
28 517 DR 042-30-009
29 519 DR 042-30-010
30 529 DR 042-30-015
31 410 DR 042-30-024
ABEL
MAIN
MAIN
2023 WEED ABATEMENT PROGRAM

COMMENCEMENT REPORT

CITY OF MILPITAS
Exhibit A
Situs APN ABEL

MARYLINN
DIXON

MILPITAS
DIXON

CALIFORNIA

CALIFORNIA
DIXON

ARIZONA

BOTHELO
(PARKING LOT)

ARIZONA

ARIZONA
EVANS

CALAVERAS

CALAVERAS
CALLE
EVANS
EVANS

COUNTRY

CAMARILLO
PARK

VISTA RIDGE

VISTA RIDGE
QUINCE

VISTA RIDGE

VISTA RIDGE
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Item # 15.
32 350 DR 042-30-025
33 531 DR 042-30-029
34 ST 083-07-015
35 540 ST 083-13-013
36 91 W EX 083-42-002
37 526 ST 086-25-011
38 0 086-25-018
39 S ST 086-25-028
40 086-25-030
41 808 ST 086-25-051
42 086-26-039
43 086-26-040
44 086-26-042
45 0 BL 086-28-006
46 0 WY 086-29-005
47 WY 086-29-036
48 DR 086-29-047
49 876 DR 086-30-047
50 DR 086-30-048
51 AV 086-30-060
52 0 086-31-003
53 0 086-32-084
54 1646 DR 086-33-110
55 0 086-41-014
56 375 RD 088-01-002
57 335 S DR 088-03-019
58 0 RD 088-04-060
59 S DR 088-04-062
60 0 RD 088-04-076
61 534 S DR 088-06-039
62 2013 DR 088-20-023
63 575 ST 088-20-102
64 632 ST 088-20-125
65 1966 DR 088-26-149
66 0 RD 092-34-008

VISTA RIDGE

MONTAGUE
MAIN

VISTA RIDGE
MAIN
ABEL

NO SITUS

NO SITUS
MAIN

YOSEMITE

MILPITAS
VISTA

WRIGLEY

YOSEMITE
AMES

YOSEMITE

DEMPSEY
PARK

DEMPSEY
CENTRE

YOSEMITE

CARLSBAD

CARLSBAD
PARK

DEMPSEY
PARK

YOSEMITE
OLD
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Item # 15.
67 1250 RD 092-34-014
68 2235 RD 092-37-050URIDIAS
68 records of 68

PIEDMONT
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Item # 15.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Update on Street Sweeping Pilot Project Expansion (CIP #3455) (Staff Contact:

Elaine Marshall, Deputy Public Works Director, (408) 586-2603) Category: Community Services and Sustainable Infrastructure

Meeting Date: 3/7/2023
Recommendation: Receive a presentation on the options for expanding the Pilot Street Sweeping Program and support staff’s recommendation to perform additional survey work and return to the Mayor and City Council to discuss next steps following completion of the surveys.

BACKGROUND:

The City of Milpitas has an exclusive franchise agreement with Milpitas Sanitation, Inc. (MSI) for solid waste and recycling services including street sweeping. Streets are swept in residential areas twice per month between 8am-5pm on designated street sweeping days. In commercial areas, streets are swept weekly between midnight and 8am.

The Street Sweeping Pilot Project (CIP #3455) (Pilot) was approved as part of the 2019-2024 Capital Improvement Program. The goal of the Pilot was to assess the cost effectiveness of Parking Enforced Street Sweeping. The Pilot was developed in 2020-2021 with the goal of facilitating cleaner streets, reducing litter impacts to the waterways, and beautifying neighborhoods and implemented in four pilot residential areas. In order to achieve these goals, “No Parking” During Street Sweeping Signage was installed in the four pilot areas to notify residents of a specific 2-hour timeframe of when to move their vehicles off the street so that the street sweeper can fully access the street to be able to fully clean and remove debris and litter. In these Pilot areas, streets are split and each side is swept once a month, during a specific 2-hour window (10am-12pm), allowing residents to move their vehicles to the other side of the street that is not swept.

Factors taken into consideration when determining the four Pilot areas included: alignment with the City’s Trash Load Reduction Plan to pinpoint areas that are highly impacted by litter, MSI’s identification of street sweeping issue spots, Public Works Streets Division staff identification of streets with parking and litter impacts, and visual trash assessments based on the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) “on-land visual trash assessments” protocol.

In March 2021, the City implemented the one-year Street Sweeping Pilot Program by installing “No Parking” signage in the Pilot areas, which comprise of approximately six curb miles, or just over 1.5% of the 350 residential curb miles in the City.

At the June 14, 2022 City Council meeting, staff provided an update of the Pilot including an analysis of the effectiveness of the program. Highlights include:

 82% reduction in the number of parked vehicles over the course of the pilot  28% increase in the percentage of street curb accessible by the street sweeper (from 66% to 94%)  Increase in the amount of debris and litter being swept by the street sweeper instead of entering the storm drains and waterways

Despite the Pilot’s effectiveness, staff identified ongoing challenges including the remaining number of parked vehicles that continue to block street sweeper access and the City’s limited resources to continue to conduct parking enforcement in the ongoing areas as well as potential expanded areas. The City Council accepted the 125
Item # 17.

presentation and directed to staff to explore options for expanding the Pilot to other areas of Milpitas including cost impact.

ANALYSIS:

Recognizing that expanding Parking Enforced Street Sweeping citywide is cost prohibitive, the City Council approved several criteria to ensure that the expanded program would maximize cost effectiveness. The expanded areas would need to meet the following criteria:

 At least 40% of the street is blocked on street sweeping days during the street sweeping window  Area is identified in the City’s Long-Term Trash Plan as being impacted by trash  Visible litter and debris on street based on On-Land Visual Trash Assessment conducted by staff (at least moderately impacted by trash)
 At least 50% of homes in the neighborhood show interest and support “No Parking” signage and enforcement
 Minimum of one curb mile required for new neighborhoods to be added to the Street Sweeping Pilot Program for operational efficiency

MSI provided City staff with a list of streets to be evaluated for potential expansion of the Pilot based on their operational experience and familiarity with areas with high parking impact on street sweeping day. Additionally, Solid Waste staff met with the Public Works Streets team to further identify areas to be included in the evaluation, reviewed resident requests, and reviewed areas with historic street sweeping complaints.

Based on the input received from MSI, City staff, and residents, approximately 31 curb miles appear to meet one or more of the above criteria and were analyzed by Solid Waste staff. This represents approximately 9% of the residential streets in the City. Although the pilot areas were mainly in the eastern part of Milpitas, the residential neighborhoods evaluated were spread throughout the city, and included north, west, and southwest Milpitas. While most of these neighborhoods were areas with predominantly single-family homes, there were small clusters of areas with multi-family units. Additionally, some areas also surrounded schools and/or parks.

Neighborhoods reviewed include: Ridgewood Park (Perry), Milford Village (Carnegie), Sunnyhills (Dixon Landing), Sylvan Gardens and Granada Condos (Junipero), Milpitas Manor (Redwood), Milpitas Rancho and Indian Hills (Yosemite), and Thos Russell (Washington). Solid Waste staff collected data in the potential expansion areas for a month, concentrating on parking impacts and visual trash assessments. In that month, staff were in each area twice during street sweeping. Additionally, staff captured street and neighborhood characteristics, such as curb length along the street and housing type.

The areas reviewed and results are shown in Figure 1, followed by more detailed discussion of the evaluation results.
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Item # 17.

Figure 1: Green areas are where the current Street Sweeping Pilot is operating. Potential expansion areas are yellow (meets criteria) and orange (borderline), as identified and analyzed by staff. Red areas are where the streets do not meet expansion criteria.

Evaluation and Data Review

Parking Impact
Focusing specifically on whether at least 40% of the street is impacted by parking during street sweeping days, Figure 2 shows the number of streets evaluated in each area that met the parking impact threshold, are borderline, or do not meet the threshold.

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Item # 17.

Figure 2: Streets analysis of potential expansion areas

Presence of Litter
Of the potential expansion areas analyzed, none were identified in the City’s Long-Term Trash Plan, as these areas are mostly cleaner, residential areas. Additionally, while there were some small pockets along certain streets with very little litter and debris, overall, the areas evaluated were found to be free of litter and trash. The one exception is the Yosemite Dr and Dempsey Rd intersection, where either a few pieces of trash were easily observed and/or small clumps of litter were visible. This area also receives frequent resident complaints regarding street sweeping and proves to be difficult, in part, because only one side of Dempsey Rd is available for street parking and there are several large multi-family complexes nearby.

Operation Efficiency
Additionally, staff evaluated streets and the surrounding neighborhood and considered routing efficiencies and whether to include/not include specific streets based on operational logistics. For example, in order to maximize logistical efficiency, a minimum of one curb mile should be required for new neighborhoods to be added to the street sweeping pilot program or some additional streets were included as due to routing.

The current Pilot is in four areas, and streets are swept on either the 1st or 3rd Fridays and the 2nd or 4th Mondays of each month in those areas (each side of the street is only swept once per month to allow for cars to park on the other side). Streets in the potential expansion areas fall on these days of the week as well as new street sweeping days. In order to minimize operational costs, MSI would continue to use its backup street sweeper for any additional areas. This eliminates the need for large capital investment of purchasing a new street sweeper and additional driver. This limits new street sweeping expansion areas to no more than seven miles per day.

Areas Meeting Expansion Criteria
Based on parking impacts alone, of the 31.66 curb miles evaluated (85 streets), approximately 48% of the areas did not meet the threshold. Overall results are summarized in the table below:

Findings Curb Miles
Meets the 40% parking impact threshold 7.81 curb miles (29 streets) Within threshold borderline - 30% - 39% parking impact 8.59 curb miles (22 streets) Does not meet threshold – below 30% parking impact 15.26 curb miles (34 streets)

0 2
4 6
8 10
12 14
Perry Area Carnegie Area Dixon Ldg
Area
Junipero Area Redwood
Area
Dempsey &
Yosemite
Washington
Area
Number of Streets Evaluated
Street Sweeping Pilot: Potential Expanded Streets Analysis Meets Criteria (>40%) Borderline Meets Criteria (30%-39%) Does not Meet Criteria (<30%) 128
Item # 17.

Neighborhood Support
Staff has analyzed all Council approved criteria except for amount of neighborhood support for the program.

This remaining criteria takes into account resident input and requires at least 50% of homes in the neighborhood showing interest and support for street sweeping “No Parking” signage and enforcement, and is similar to the street sweeping signage process in the City of San Jose and the City of Alameda. In San Jose, “No Parking” street sweeping signage is requested by residents, neighborhood groups, or Councilmembers.

While there is not a formal petition, San Jose staff keeps a list of locations that are requested or that staff recommends. Once funding becomes available, staff reviews all of the locations and submits a list of areas to City Council Office staff who reaches out to the community. Council staff then provides recommended areas based on community feedback, and staff compiles a final list for installation. In Alameda, requests to install “No Parking” street sweeping signage must come from a resident, business, or property owner. Due to the neighborhood impact of the signage, Alameda requires a petition that is signed by at least 50% of the dwelling units on the requested block. Staff analysis does not begin unless the petition is signed by at least 50%.

In order to determine whether a street/neighborhood prioritizes street sweeping or unrestricted parking, staff could conduct outreach in the yellow potential expansion areas to gauge support for No Parking During Street Sweeping signage. The outreach could include sending postcards and doorhangers explaining the Parking Enforced Street Sweeping program with a return survey postcard to express interest and support. Staff would tally the responses to determine if the 50% support criteria is met. Staff would also reach out to neighborhood leaders in the area. The initial timing of this outreach is expected to take approximately four months and is outlined below.

Proposed Outreach Activities and Timeline
Months 1 & 2  Design Outreach Postcards/Doorhangers with return survey
 Translate Outreach
 Update Street Sweeping Pilot Website
Month 3  Postcards/Doorhanger Printing and Distribution  Contact Neighborhood Leaders in Potential
Expansion Areas
Month 4  10 Days for Responses
 Analyze Responses

An additional round of outreach could be conducted if initial response is low.

Cost and Resource Analysis

CIP #3455 was approved for $400,000, with an additional $300,000 of CIP funds added in 2022. As of the end of 2022 (12/31/22), Street Sweeping Pilot costs are approximately $146,000, with a remaining available budget of $554,000 to continue the pilot areas and to expand to additional areas.

Expanding the Street Sweeping Pilot would require both one-time funding and on-going funding:

One-time costs for expansion
outreach
Outreach and Education to potential areas to gauge community support One-time costs Staff evaluation and administration of new areas; Fabrication and installation of new No Parking Signage; Outreach and Education to Expanded Areas
On-going costs Community Service Officers for ongoing parking enforcement; MSI Street Sweeping costs using back-up street sweeper

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Item # 17.

Estimated Costs

One Time Costs
Based on the evaluation conducted by staff, if the community supported expanded the Pilot to all the additional areas meeting the parking criteria, total estimated costs for new signage is $116,000. Up to an additional $30,000 would be needed for staff administration and outreach and education for the expanded areas. Total estimated one-time costs, not to exceed $146,000, is available in CIP 3455.

*Total curb miles includes both meets criteria and borderline areas **Estimated sign costs includes materials, fabrication, installation, and labor.

Figure 3: Estimated Financial Costs of Potential Expansion Areas

Ongoing Costs for Operations
Since the Pilot area is small compared to the size of the entire City, MSI has to use an additional sweeper to work in the pilot areas, at the current estimated costs of$21,000 per year. If the pilot program is expanded to the additional yellow areas, the estimated ongoing costs would be an additional $11,000 per year.

Ongoing Costs for Parking Enforcement Resources Needed
Under the initial Pilot, the Community Service Officers (CSO) in the Police Department conducted parking enforcement and costs are absorbed by the Police Department. However, the work load and on-going costs for parking enforcement cannot continue to be covered by the Police Department as the CSOs have other public safety priorities and work. In order to provide parking enforcement for an expanded Parking Prohibited Street Sweeping Program, the City would need to determine how to provide that additional service. Potential alternatives, some of which could require a meet and confer process, include:
 Contracting out street sweeping parking enforcement to supplement current CSO enforcement activities;
 Creating a part-time classification for a Parking Enforcement/Compliance Officer;  Adding a full-time CSO position that would be assigned to street sweeping parking enforcement as well as other duties

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Several other cities contract for parking enforcement services including Union City and the City of San Mateo.

Both of these cities have either contracted for street sweeping enforcement services in the recent past or are currently using contract services to supplement their parking enforcement. Based on a review of the existing contracts, the costs for the street sweeping parking enforcement services is estimated to be $55 an hour.

However, Milpitas’ parking enforced street sweeping areas represent a much more limited scope compared to the other cities. In contrast, about 20% of Union City’s streets have street sweeping signage. In San Mateo, besides street sweeping violations for residential parking, the contractor also enforces street sweeping for commercial areas, general parking concerns, the residential parking permit program, and the downtown commercial district. The limited scope of street sweeping enforcement areas in Milpitas may not be attractive to potential street sweeping service providers. If all yellow areas were added to the parking enforced street sweeping program, annual estimated contracted parking enforcement could cost up to $20,000 or more. There would be additional costs for Police to manage the parking enforcement contract.

Total on-going costs, if the program was expanded to all yellow areas, for parking enforcement and ongoing MSI costs for street sweeping is estimated at $61,000 annually.

Next Steps

Direction from the City Council is needed to continue to program development, specifically in the following areas:

 Accept this staff report on the Street Sweeping Pilot project;  Direct staff to survey residents in the identified yellow areas to gauge if there is support for Parking Prohibited Street Sweeping. Neighborhood support is the remaining criteria to determine if an area should be included in the program. There may not be more that 50% resident support in all the potential areas for the program as some residents may prioritize parking convenience over street sweeping effectiveness.

Refining the potential areas for expansion will inform the level of on-going resources needed for parking enforcement and street sweeping. Once expansion areas are confirmed, staff will be able to better estimate on-going costs for parking enforcement, either through contract services or City staff models and bring that information to City Council for consideration as part of a future budget process.

POLICY ALTERNATIVE(S):

Alternative 1: Keep the Street Sweeping Pilot areas as-is without expanding into additional areas.

Pros: Will maintain cleaner streets in the Pilot areas but not require new resources or compete with other public safety priority.

Cons: Limits parking prohibit street sweeping to just a small portion of the City.

Reason for Not Recommending: City Council had previously directed staff to look at expansion opportunities.

Alternative 2: Expand outreach to the orange “borderline” areas.

Pros: Will potentially expand the project into more neighborhoods which provides cleaner streets in more areas and also increases operational street sweeping efficiencies.Click or tap here to enter text.

Cons: These areas are less impacted by parking and should be effectively serve by the existing street sweeping program. Residents may not perceive the amount of parked cars on these streets obstructs street sweeping.

Reason for Not Recommending: The orange “Borderline” areas do not meet the City Council approved thresholds for expanding the program.

FISCAL IMPACT:

CIP #3455 was originally approved for of the Fiscal Year 2019-2020 Capital Improvement Program budget, in the amount of $400,000. Council also approved an additional $300,000 of CIP funds from Fiscal Year 2022- 2023, at the May 3, 2022 City Council meeting. As of the end of 2022 (12/31/22), approximately $146,000 has 131 Item # 17.

been expended, leaving a balance of $554,000 to be used for future street sweeping pilot expansion costs.

This funding could support the existing area for up to 10 years. If the area were expanded to all yellow areas, the funding would cover about 5 years of service. Following the exhaustion of this funding, General Fund dollars of between $61,000 and $100,000 and would be needed annually to cover the ongoing funding needs.

California Environmental Quality Act (CEQA):

The project is categorically exempt under Section 15301 of the California Environmental Quality Act guidelines for maintenance of existing facilities.

RECOMMENDATION:

Receive a presentation on the Options for Expanding the Pilot Street Sweeping Program and support staff’s recommendation to perform additional survey work and return to the Mayor and City Council to discuss next steps following completion of the surveys.

Attachment(s):

1. February 16, 2021 Street Sweeping Pilot Project Information Memorandum

2. October 14, 2021 Street Sweeping Pilot 6-Month Update

3. June 14, 2022 Street Sweeping Pilot AR

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MEMORANDUM
Public Works Department

DATE: February 16, 2021

TO: Mayor and Council

THROUGH: Steve McHarris, City Manager

FROM: Tony Ndah, Public Works Director

SUBJECT: Update of Street Sweeping Pilot Project

This memorandum provides information about the City’s Street Sweeping Pilot Program (Pilot), Capital Improvement Program (CIP #3455). Staff have been coordinating interdepartmentally and with Milpitas Sanitation, Inc. (MSI) on this Pilot, and have conducted public outreach including informational memos, mailers, and presentations to City Commissions and the Council’s Transportation Subcommittee. The Pilot will be launched on March 1, 2021 and will run for one (1) year. A summary of actions taken to date to develop the Pilot, is included in the memorandum.

Executive Summary
As part of the 2019 – 2024 Capital Improvement Program, Council approved funding for a Pilot Street Sweeping program to address residents’ concerns about neighborhood beautification, as well as reducing litter impacts into nearby waterways. The goal of the Pilot program is to evaluate the effectiveness of street sweeping signage in residential areas, to inform residents of when to move their vehicles off the street so that the street sweeper can access the street all the way to the curb, and maximize the collection of litter and debris.

City staff, with assistance from MSI, identified four (4) areas in the City for the Pilot. The areas were chosen based on a review of data from the City’s Trash Load Reduction Plan and based on areas identified by MSI as streets where vehicle parking impacts the ability of the street sweeper to access the curb.

The Pilot is scheduled to start on March 1, 2021 and during the Pilot, parking will be prohibited from 10 am to noon on specific days in each Pilot area. Postcards and door-hangers were mailed out this month to residents with information about the Pilot and new street signs have been installed in the pilot area to notify residents of the street sweeping days. Staff are also developing a website which will include information on the Pilot program, sweeping schedules, and a look-up tool for residents to use to get information on the street sweeping day and time for their area.

The Pilot will run for one (1) year and staff will provide periodic updates to Council on the effectiveness of the Pilot program.

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Street Sweeping Pilot Project Update Page 2 of 5
February 16, 2021

Background:

Street sweeping services are included under the City’s solid waste franchise agreement and MSI informs residents about the street sweeping program through monthly ads placed in the Milpitas Post, mailing an annual street sweeping postcard, and providing street sweeping routes and the street sweeping schedule on their website. The goal of this outreach is to inform residents of their street sweeping schedule so they can move their vehicles prior to street sweeping. However, parked vehicles blocking street sweeper access continues to be a problem in certain areas of the City. When vehicles are not moved on street sweeping days and the area is congested by street parking, the street sweeper is not able to access the curb in order to properly clean the street. The Pilot aims to install signage in several targeted residential areas to notify residents of their streets sweeping days and times so that residents can move their vehicles. This in turn will allow for more effective street sweeping and will reduce the amount of litter accumulating on local streets and prevent the debris from entering local creeks and waterways during rain events.

Pilot Update
Staff have been coordinating with various departments and MSI to develop the Pilot. The major Pilot development tasks that have been completed to date include:

• Benchmarking other city street sweeping programs
• Identification of pilot areas
• Developing a Pilot Street Sweeping Schedule
• Evaluation of enforcement and citation authority
• Fabrication and deployment of signage
• Outreach to residents

Program Benchmarking
Staff have benchmarked the street sweeping programs of neighboring jurisdictions throughout the Bay Area. Factors that staff examined included: the type of street sweeping signage used (temporary or permanent), the entity performing the street sweeping (in-house, consultant, hauler), strategy for providing parking during street sweeping, enforcement authority, entity, and process, and citation amount. Specifically, two cities emerged with robust residential street sweeping programs – Union City and Hayward.

Pilot Area Identification
Staff evaluated a variety of factors in order to identify Pilot areas. These included:
• areas identified in the City’s Trash Load Reduction Plan as areas with litter issues that could benefit from an enhanced street sweeping,
• areas identified by MSI where parking impacts the ability of the street sweeper to access the curb,
• make-up of the neighborhood (whether single-family or multi-family), • street type, and
• geographic location.

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Street Sweeping Pilot Project Update Page 3 of 5
February 16, 2021

As a result, staff identified four areas to be included in the Pilot program shown on the map below:

• Area 1 – this area neighbors Interstate 680 and is encompassed by Dempsey Rd, Edsel Dr, South Park Victoria Dr, and Selwyn Dr. The two main streets in the pilot are Selwyn Dr and Shirley Dr.

Although South Park Victoria is composed of single-family homes, the majority of this area contains multi-family dwellings. Of the four areas, Area 1 has the most congested parking and litter/debris.

• Area 2 – this area sits to the east of Cardoza Park and is contained by Ellis Ave, Gadsden Dr, Adams Ave, and Lynn Ave. Streets running within the boundaries include Dennis Ave, Carl Ave, and Braly Ave. Although Lynn Ave and Adams Ave have multi-family dwellings on one side of the street and single-family homes on the other side of the street, every other street in this area contains only single-family homes.

• Area 3 – this area runs along Park Victoria Dr, a wide street, from Yosemite Dr to Kennedy Dr. Due to the presence of commercial areas from Yosemite Dr to Ayer St, the focus for this pilot will be Ayer St to Kennedy Dr, since this length is comprised of residential/single-family homes.

• Area 4 – this area is on Yosemite Dr, from Piedmont Rd to South Park Victoria Dr. This area is mostly single-family homes and contains a small stretch where Merryhill School is located.

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Street Sweeping Pilot Project Update Page 4 of 5
February 16, 2021

Pilot Street Sweeping Schedule
Staff has coordinated with MSI to develop the street sweeping schedule for the Pilot. As the entity performing the street sweeping, MSI has insight into program logistics, scheduling, outreach, and metrics and evaluation. Staff has discussed options with MSI to ensure that the pilot locations are able to be addressed with no, or little, disruption to the existing established street sweeping schedules. As a result, the Pilot program will employ a “split street” cleaning schedule, meaning that only one side of the street will have prohibited parking during the street sweeping window in order to allow cars to be parked on the other side. Typical residential areas are swept every two weeks, while in the pilot areas, one side of the street will have a thorough sweeping once a month. During this Pilot, parking will be prohibited from 10AM to Noon on specified days in each Pilot area.

Staff have mapped out signage locations and associated street sweeping schedules in all four pilot areas. Signs have been fabricated and Staff anticipates sign installation to be completed by mid- February.

Enforcement
Staff has identified that the City’s Municipal Code allows for street sweeping enforcement. Milpitas Municipal Code Section V-100-12.11 - Streets Under Construction, Being Cleaned or Used for Movement of Equipment prohibits parking a vehicle on a street or portion of a street when the street is being cleaned with authorized signage is in place. The City’s Master Fee Schedule also includes a citation amount for violations of this section. However, the City of Milpitas currently has no street sweeping signage to notify the public of street sweeping restrictions and, therefore, has not routinely used or enforced this section for street sweeping. A key component of the Pilot is the placement of new authorized signage with street cleaning information in Pilot implementation areas.

The Police Department will be assisting with this Pilot and will patrol the areas and issue warning notices to vehicles that remain parked during signed street sweeping periods. During this pilot, staff will be using signage, outreach, and warning citations to encourage vehicles to be moved during street sweeping.

Pilot Outreach
Outreach in the form of postcards and door-hangers have been developed in multiple languages and are being sent out to residents in the Pilot areas this month. Staff are also developing a website which will include information on the Pilot, schedule, and a tool to look-up whether or not a home is in the Pilot area and if so, what the street cleaning day and time will be. The website will also include a link for non- Pilot residents to check their regular street sweeping schedule. Because this Pilot is limited to specific areas in Milpitas, staff is not recommending use of social media at this time in order to prevent confusion among households not included in the Pilot areas.

Staff has presented this information on the development of this Pilot to the Energy and Environmental Sustainability Commission, the Community Advisory Commission, and the City Council’s Transportation Subcommittee, in order to provide a status update on the project as well as to gain feedback and input on Pilot program design and proposed implementation.

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Street Sweeping Pilot Project Update Page 5 of 5
February 16, 2021

Next Steps
Once the Street Sweeping Pilot Program is implemented, staff will begin evaluating the program on an ongoing basis, through a set of evaluation metrics which include: number of curb miles swept, volume/tonnage of material collected, number of parking warnings issued, percentage of the street blocked by vehicles, and visual audits/assessments of street cleanliness.

It should be noted that staff is sensitive to the effects of the COVID-19 pandemic and the County’s shelter-in-place orders and recognizes that there may be more vehicles parked on streets currently than in pre-COVID times. As a result, the focus of the Street Sweeping Pilot will be enforcement through education and warnings, as opposed to through citations. The goal of the pilot is to provide curb access to the street sweeper so that there is effective street sweeping once parked vehicles are moved. Citations and penalties will be enforced, only if necessary.

The Street Sweeping Pilot project will be a year-long endeavor, in order to evaluate all four seasons.

The Pilot is slated to start March 1, 2021 with periodic reports to the various Commissions, Transportation Subcommittee, and City Council.
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CITY OF MILPITAS AGENDA REPORT (AR) Item Title: Receive a Presentation on the Pilot Street Sweeping Program and Provide Direction to Staff (Staff Contact: Elaine Marshall, Deputy Public Works Director, 408-586-2603) Category: Community Services and Sustainable Infrastructure Meeting Date: 6/14/2022 Recommendation: Receive a presentation on the Pilot Street Sweeping Program and provide direction to staff. BACKGROUND: As part of the 2019 2024 Capital Improvement Program, Council approved funding for a Pilot Street Sweeping Program (Pilot) at certain locations in the City beautification, as well as reducing litter impacts into nearby waterways. The goal of the Pilot program was to evaluate the effectiveness of street sweeping signage in residential areas, to inform residents of when to move their vehicles off the street so that the street sweeper can access the street all the way to the curb, and maximize the collection of litter and debris. As outlined in the February 16, 2021 Informational Memorandum (Attachment 1), City staff, with assistance from Milpitas Sanitation Inc. (MSI), identified four (4) areas in the City for the Pilot as shown in Figure 1 below. The pilot areas comprise approximately six curb miles, which is just over 1.5% of the 350 curb miles of residential streets citywide. In each pilot were posted for a specific 2-hour street sweeping window. Plan and based on areas identified by MSI as streets where vehicle parking impacts the ability of the street sweeper to access the curb. Figure 1: Pilot Areas Outreach in multiple languages (including post cards, door hangers, and website) to the residents in the Pilot area occurred in February 2021, while implementation of the Pilot began in March 2021 and ran through February 2022. Staff provided a report to Council on October 14, 2021 (Attachment 2) which included a 6-month update on the Pilot. In addition, staff provided updates and reported on the outcome of the Pilot to the 257138
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2 Transportation Subcommittee and the Energy, Community Advisory Commission, and Environmental Sustainability Commission. Although the Pilot ended in February 2022, to minimize any disruption to current street sweeping operations in the pilot neighborhoods, the pilot street sweeping signage, sweeping schedule, and parking enforcement has remained in place pending direction from Council. ANALYSIS: This section of the staff report outlines the program design of the Pilot, summarizes key data and findings related to the Pilot, and identifies key considerations for the continuation of the Parking Enforced Street Sweeping model. Program Design: month for residential streets, between 8am-5pm during the street sweeping days. While the regular street sweeping program is twice a month for residential streets, with both sides of the street swept during 8am-5pm during the street sweeping day, the streets in the Pilot areas are split and each side is swept once a month, on alternate days during a limited 2-hour time frame (10am-12pm). This allows residents to move their vehicles to the side that is not scheduled to be swept. To determine the four residential areas included in the Street Sweeping Pilot, staff reviewed the Trash Load Reduction Plan to identify area that are highly impacted by street litter and also discussed with MSI regarding areas that were an issue for the street sweeper to have curb access. Other factors that were considered were the composition of the area (single-family versus multi-family) and the related street parking demand, geographic location in Milpitas, and street types. Prior to implementing the Pilot, staff researched other jurisdictions (including Union City, Hayward, and San Jose), reviewed existing relevant Milpitas Municipal Code and the Master Fee Schedule, coordinated street sweeping scheduling logistics with Milpitas Sanitation, set up a system to capture field data using tablets, signs, and coordinated outreach to the four areas to notify residents of the program (postcards, doorhangers, a dedicated website). Parking enforcement during the Pilot was Pilot enforcement consisted of two phases: (1) Warning notices (March 2021 October 2021); (2) Parking Citations (November 2021 February 2022). Data Collection and Results: The data collection period of the Pilot concluded at the end of February 2022. Staff has reviewed and analyzed data collected throughout the Pilot period and compared baseline data collected in February 2021. Using tablets, on every street sweeping day in the Pilot areas, staff walked the neighborhoods to collect data. Metrics that were captured included: number of curb miles swept, volume/tonnage of material collected, percentage of the street blocked by vehicles, and visual trash assessments based on the Santa Clara Valley -land visual trash protocol. The ensure compliance with the parking regulations on street sweeping days, staff relied first on education and warnings for the first 8 months and then started to issue parking citations. The chart below (Figure 2) shows that over the course of the Pilot, many residents moved their vehicles in accordance with the No Parking During Street Sweeping signs. The most significant decrease was in the first month which resulted in a 46% reduction in parked vehicles during street sweeping. This trend of decreasing parked vehicles continued throughout the Pilot and by the end of the Pilot, there were only 96 vehicles parked during street sweeping, a reduction of approximately 82%. Along the same lines, there was an average increase in percentage of curb accessible by the street sweeper from 66% to 94%. During the period when warning notices were issued (March October), there was an average of 204 parked vehicles, a 62% reduction. When parking citations 258139 Item # 17.
3 were issued (November 2021 to February 2022), the average number of parked vehicles further declined to 117, for incremental additional 42% reduction in average number of parked vehicles. Although the number of vehicles decreased during the course of the Pilot as more residents participated by moving their vehicles and complied with the parking regulations, there was not a substantial change in the number of warnings/citations issued. This is due to capacity limitations of the CSOs who are only able to physically issue a certain number of citations in the specified timeframe. As seen in Figure 2, there remains a number of vehicles still parking on the street. Similarly, staff noticed that there are residents who continue to park their vehicles despite having received notifications/citations. Figure 2: Curb Access Correlation to Parked Vehicles The increased curb access led to more debris and litter being swept by the street sweeper and less material entering into the storm drains and waterways (see Figure 3). Materials that were consistently seen on the street included litter (foodware and packaging such as plastic straws and to go cups, disposable masks and gloves) and natural debris such as leaves and seed balls. Figure 3: Increased Tonnage of Debris Swept 259140
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4 Pilot Survey Results:At the conclusion of the one-year time period, a doorhanger was distributed to all 900 residences within the boundaries of the Pilot, with a short two-minute survey to solicit feedback on the effectiveness of the Pilot. Response to the survey was limited. Of the fifteen responses that were received, there was a 46% increase in they received enough information regarding the Pilot; 67% believe that the signage was effective, and that street sweeping had been more effective since the start of the Pilot; and 73% support the continuation of the Pilot. Pilot Costs The Pilot was approved with $400,000 in funding to support implementation and at the conclusion of the Pilot, there was a total of $128,000 in expenses for the Pilot, offset with $20,000 in net revenue from parking citations. A summary of the expenditures incurred and revenue generated related to the Pilot through end of May 2022 are shown below (Figure 4). Worth noting is that the costs for the CSO time is not currently included in these figures because these costs were covered by the Police Department as part of the CSO regular job duties and the limited nature of the Pilot did not take much CSO time on a monthly basis. However, if the alternate street sweeping model as piloted were to be expanded, the Police Department will require additional staff for enforcement. The total number of citations issued during the Pilot (from mid-November February) was 309, with $65 per citation issued. After deduction of mandated fees (County General Fund, State Court Facilities Fund, etc.) and a citation processing fee, the net revenue generated was $20,085 total for the period. Street Sweeping Pilot Cost Analysis Description Amount Pilot Expenditures Signage Production and Installation $58,000 Outreach (Printing, Translations, Distribution) $5,000 Milpitas Sanitation (Street Sweeper Labor) $26,000 Labor Costs (Research, implementation, data collection related to Pilot only) $39,000 Total Expenditures $128,000 Pilot Revenue Parking Citations $20,085 Total Revenue $20,085 Pilot Net Cost $107,915 Figure 4: Street Sweeping Pilot Expenditures and Revenue Conclusion and Request for Council Feedback and Direction Overall, the Pilot data and community feedback indicate that the Pilot program has been effective at moving vehicles and reducing street litter and debris, resulting in a cleaner community in the Pilot areas. While enforced No Parking is an effective method to motivate movement of vehicles during street sweeping, it comes at significant additional cost to implement and is not warranted or needed citywide. Full citywide implementation would require signage be installed throughout residential neighborhoods, re-routing of all residential street sweeping routes which would necessitate that MSI purchase additional street sweepers, and the Police Department would need to potentially increase the number of CSOs in order to enforce the program. These factors make citywide implementation cost-prohibitive. 260141 Item # 17.
5 If the street sweeping model under the Pilot were to be expanded to other areas in the City, staff recommends that the City Council consider limiting the program and additional neighborhoods based on the following criteria: At least 40% of street is blocked on street sweeping days. -Term Trash Plan as being impacted by trash Visible litter and debris on streets (at least moderately impacted by trash) based on On-land Visual Trash Assessment conducted by staff At least 50% of single-family homes in neighborhood show interest and support No Parking signage and enforcement. Minimum of 1 curb mile required for new neighborhoods to be added to the Program. This type of focused program expansion is consistent with programs implemented in other cities including San, Jose, Alameda, and Hayward. neighborhood groups, or Councilmembers. Requests result in the City of San Jose Department of Transportation (DOT) inspectors reviewing the request. Due to limited resources, DOT considers installing signs only in areas where at least 40% or curb miles is impacted by vehicles. At this time, staff seek the following feedback from the City Council: Should Parking Enforced Street Sweeping model be continued in the Pilot areas? Should Parking Enforced Street Sweeping model expand to additional areas? What additional criteria should be considered for expanding the Parking Enforced Street Sweeping model to additional areas? Based on feedback from the City Council, staff will return in the Fall with recommended programmatic design, cost and resource analysis, funding options and an implementation timeline. FISCAL IMPACT: CIP No. 3455 was originally approved with $400,000. As of the end of the end of May 2022, staff has spent a total of $128,000 on the Pilot, leaving a balance of approximately $ 272,000. Additionally, at the May 3, 2022 City Council meeting, Council approved an additional $300,000 in funds to be added to the CIP program in FY2022-2023 bringing the total funding available for potential program continuation and expansion to $572,000. It is important to note that an expansion of the alternative street sweeping model requires one-time resources (e.g.: installation of the parking signs) and ongoing resources (e.g.: staff for enforcement). California Environmental Quality Act (CEQA): The project is categorically exempt under Section 15301 of the California Environmental Quality Act guidelines for maintenance of existing facilities. RECOMMENDATION: Receive a presentation on the Pilot Street Sweeping Program and provide direction to staff. Attachment(s): 1. February 16, 2021 Street Sweeping Pilot Project Information Memorandum 2. October 14, 2021 Street Sweeping Pilot 6-Month Update 261142 Item # 17.

MEMORANDUM
Public Works Department

DATE: October 14, 2021

TO: Mayor and Councilmembers

THROUGH: Steve McHarris, City Manager

FROM: Tony Ndah, Public Works Director

SUBJECT: Street Sweeping Pilot 6-Month Update

This memorandum provides a 6-month update of the City’s Street Sweeping Pilot Program (Pilot), Capital Improvement Program (CIP) #3455. Additional background on the Pilot is included in the February 16, 2021 Street Sweeping Pilot Project Information Memorandum (see Attachment 1). The content of this memorandum is scheduled to be presented to the Transportation Subcommittee on Friday, October 15, 2021.

Executive Summary
City council approved funding for the Street Sweeping Pilot Program in the 2019-2024 Capital Improvement Program. The goal of the Pilot is to reduce litter impacts to nearby waterways and to increase neighborhood beautification in residential areas. This is achieved by placing no parking signage throughout the Pilot areas which instructs residents to move their vehicles during street sweeping times.

Clearing vehicles off the street enables the street sweeper to access the curb and properly clean the street.

The Pilot began in March 2021 and will continue for one year, to include all four seasons. Staff has reviewed and analyzed the data collected in the first six months of the Pilot. While the results thus far have shown significant decreases in the number of vehicles blocking the street (on average a 70% reduction in parked cars), which is resulting in cleaner streets, there continue to be vehicles parked on the street during street sweeping times. Therefore, and based on community feedback, staff intends to begin issuing parking citations as a next step.

Background
Four areas in Milpitas were identified for inclusion in the Pilot. The four areas are shown in Attachment 2.

In each area, “No Parking” signs are posted for a specific 2-hour street sweeping window.

Outreach in multiple languages (including post cards, door hangers, and website) to the residents in the Pilot area occurred in February 2021. Staff have been monitoring the effectiveness of the Pilot since implementation began in March 2021. More information on the Pilot program including a description of the Pilot, a map of Pilot areas, and outreach information is available on the project website:
https://www.ci.milpitas.ca.gov/street-sweeping-pilot/.

Pilot 6-Month Update and Analysis

In the month prior to the Pilot launch (February 2021) and regularly thereafter, staff has collected field data on the Pilot areas during street sweeping days. A variety of evaluation metrics are captured, which include: number of curb miles swept, volume/tonnage of material collected, percentage of the street blocked by vehicles, and visual trash assessments of the street cleanliness. The methodology and scale used for the visual trash assessments was developed by the Santa Clara Valley Urban Runoff Pollution 143
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Street Sweeping Pilot 6-Month Update Page 2 of 4
October 14, 2021

455 E. Calaveras Blvd., Milpitas, CA 95035 www.ci.milpitas.ca.gov Superior Customer Service  Open Communication  Integrity and Accountability  Trust and Respect  Recognition and Celebration Prevention Program (SCVURPPP) for “on-land visual assessments” and is consistent with the Milpitas Long-Term Trash Load Reduction Plan.

Vehicles Parked During Street Sweeping Time
The data indicates that residents are moving their vehicles during street sweeping times (see Figure 1).

In the first month of the Pilot alone (March), there was a significant decrease of parked vehicles compared to the month prior (February). On average, the Pilot is seeing a 70% reduction in parked vehicles; however, reduction in parked vehicles has leveled off.

Figure 1. Monthly numbers of vehicles parked in the street during street sweeping times.

Additionally, since the start of the of the Pilot, there has been increased access to the curb in all pilot neighborhood areas. Figure 2 shows how much distance is swept per month. Regardless of the area, all neighborhoods have had an increase when compared to the baseline data from February. The distance of accessible curb swept is inversely related to the number of vehicles parked on the street on street sweeping day; if there are a lot of vehicles parked on the street, less distance is swept.

Figure 2. Distance Swept From February – August in the Street Sweeping Pilot Areas 2000
3000
4000
5000
6000
7000
8000
9000
February March April May June July August
Distance (feet)
Month
1 (Dempsey-S. Park
Victoria area)
2 (Gadsden area)
3 (N. Park Victoria)
4 (Yosemite)
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Street Sweeping Pilot 6-Month Update Page 3 of 4
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455 E. Calaveras Blvd., Milpitas, CA 95035 www.ci.milpitas.ca.gov Superior Customer Service  Open Communication  Integrity and Accountability  Trust and Respect  Recognition and Celebration Tonnage
MSI collects tonnage information regarding the amount of material that has been swept. The amount of tonnage has increased overall, showing a correlation between the curb access that the street sweeper has due to reduced vehicles parked during sweeping times. Staff expects that the numbers will continue to increase through autumn and winter due to the increased amount of vegetation/leaves.

Visual Trash Assessments
Visual assessments follow an A through D ranking system, developed by SCVURPPP, with A having no trash and D having large piles of trash continuously seen. For the analysis, A=1.0 and D=4.0, so the closer the value is to 1.0, the more visually clean an area is. Conversely, the closer the value is to 4.0, the more visually impacted by litter an area is. The data has a trend of starting higher and trending towards 1.0; this is expected as reduction in parked vehicles allow greater access to the curb and more debris is swept.

Figure 3. Photos of Selwyn Avenue prior to street sweeping and post. Figure 4. Litter and debris on street.

Written Warning Notifications
One of the Pilot’s foci is for residents to move their vehicles on street sweeping days. So far, staff has relied on education through written Parking Warning Notifications and verbal warnings to residents only.

Additionally, staff recognizes that there may be more vehicles parked on the streets currently than in pre- COVID times, with many residents working from home. While there has been strong participation from residents in each of the neighborhoods, the data such as in Figure 1 on page 2, that there are still residents that are not participating by moving their vehicles. Table 1 shows the number of parking warning notifications issued by the Police Department during the first six months in the pilot areas. Of the notifications issued, approximately 25 – 32% were issued to repeat offenders who have already received multiple written warnings. It is important to note that the Parking Warning Notifications include a statement which reads at the bottom, “This is a warning notice. You will not be charged the penalty of $65.00. However, if you continue to park your vehicle during no parking times, you may be cited and charged a penalty.”
Area March April May June July August Total
1 32 65 27 15 44 31 214
2 25 40 34 55 29 17 200
3 19 10 10 14 11 11 75
4 26 0 17 0 23 15 81
Total 102 115 88 84 107 74 570
Table 1. Warning Notices Issued by Month
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Street Sweeping Pilot 6-Month Update Page 4 of 4
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455 E. Calaveras Blvd., Milpitas, CA 95035 www.ci.milpitas.ca.gov Superior Customer Service  Open Communication  Integrity and Accountability  Trust and Respect  Recognition and Celebration Community Feedback
Staff has conducted frequent field monitoring in the Pilot areas and engaged with residents during this time. Residents in each of the Pilot areas have expressed positive feedback about the program and have appreciated cleaner streets. Some residents were not aware of the existing street sweeping schedule and staff uses the opportunity to educate residents about the cleaning schedule and to encourage residents to move their vehicles. Residents have also contacted staff to ask for citations to begin, expressing frustration that neighbors are not diligent about moving their vehicles. With more residents returning to work, feedback from participating residents, the appropriate warnings on the Parking Warning Notifications and data showing repeat violations from the same vehicles, staff intends to begin issuing parking violation citations.

Next Steps
Data from the first six months of the Pilot has shown that the “No Parking” signs have been effective and that the streets in the Pilot areas are cleaner. However, close to 30 percent of parked vehicles remain during the designated street sweeping time despite repeat warning notices. Community support of the program is high. To encourage movement of the remaining vehicles during the street sweeping period, staff intends to notify residents through mailed postcards that parking violation citations will start effective November 1.

S
taff will continue to collect and track data for these four areas through the remainder of the Pilot, which is scheduled to end in February 2022, and will present a summary of the findings to the City Council, the Transportation Subcommittee, and the Energy and Environmental Sustainability Commission.

Attachments:

1. Street Sweeping Pilot Project Information Memorandum, dated February 16, 2021

2. Street Sweeping Pilot Area Maps
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455 E. Calaveras Blvd., Milpitas, CA 95035 www.ci.milpitas.ca.gov Superior Customer Service  Open Communication  Integrity and Accountability  Trust and Respect  Recognition and Celebration

MEMORANDUM
Public Works Department

DAT
E: February 16, 2021
TO
: Mayor and Council
T
HROUGH: Steve McHarris, City Manager
F
ROM: Tony Ndah, Public Works Director
S
UBJECT: Update of Street Sweeping Pilot Project
This memorandum provides information about the City’s Street Sweeping Pilot Program (Pilot), Capital Improvement Program (CIP #3455). Staff have been coordinating interdepartmentally and with Milpitas Sanitation, Inc. (MSI) on this Pilot, and have conducted public outreach including informational memos, mailers, and presentations to City Commissions and the Council’s Transportation Subcommittee. The Pilot will be launched on March 1, 2021 and will run for one (1) year. A summary of actions taken to date to develop the Pilot, is included in the memorandum.

C
ity staff, with assistance from MSI, identified four (4) areas in the City for the Pilot. The areas were chosen based on a review of data from the City’s Trash Load Reduction Plan and based on areas identified by MSI as streets where vehicle parking impacts the ability of the street sweeper to access the curb.

The P
ilot is scheduled to start on March 1, 2021 and during the Pilot, parking will be prohibited from 10 am to noon on specific days in each Pilot area. Postcards and door-hangers were mailed out this month to residents with information about the Pilot and new street signs have been installed in the pilot area to notify residents of the street sweeping days. Staff are also developing a website which will include information on the Pilot program, sweeping schedules, and a look-up tool for residents to use to get information on the street sweeping day and time for their area.

The P
ilot will run for one (1) year and staff will provide periodic updates to Council on the effectiveness of the Pilot program.

ATTACHMENT 1
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Street Sweeping Pilot Project Update Page 2 of 5
February 16, 2021

Background:

Pilot Update
Staff have been coordinating with various departments and MSI to develop the Pilot. The major Pilot development tasks that have been completed to date include:

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Street Sweeping Pilot Project Update Page 3 of 5
February 16, 2021
455 E. Calaveras Blvd., Milpitas, CA 95035 www.ci.milpitas.ca.gov Superior Customer Service  Open Communication  Integrity and Accountability  Trust and Respect  Recognition and Celebration A
s a result, staff identified four areas to be included in the Pilot program shown on the map below:
• Area 1 – this area neighbors Interstate 680 and is encompassed by Dempsey Rd, Edsel Dr, South Park Victoria Dr, and Selwyn Dr. The two main streets in the pilot are Selwyn Dr and Shirley Dr.

Although South Park Victoria is composed of single-family homes, the majority of this area contains multi-family dwellings. Of the four areas, Area 1 has the most congested parking and litter/debris. • Area 2 – this area sits to the east of Cardoza Park and is contained by Ellis Ave, Gadsden Dr, Adams Ave, and Lynn Ave. Streets running within the boundaries include Dennis Ave, Carl Ave, and Braly Ave. Although Lynn Ave and Adams Ave have multi-family dwellings on one side of t he
s
treet and single-family homes on the other side of the street, every other street in this area c
ontains only single-family homes.
• Area 3 – this area runs along Park Victoria Dr, a wide street, from Yosemite Dr to Kennedy Dr. Due to the presence of commercial areas from Yosemite Dr to Ayer St, the focus for this pilot will be A
yer St to Kennedy Dr, since this length is comprised of residential/single-family homes. • Area 4 – this area is on Yosemite Dr, from Piedmont Rd to South Park Victoria Dr. This area is mostly single-family homes and contains a small stretch where Merryhill School is located. 149
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Street Sweeping Pilot Project Update Page 4 of 5
February 16, 2021
455 E. Calaveras Blvd., Milpitas, CA 95035 www.ci.milpitas.ca.gov Superior Customer Service  Open Communication  Integrity and Accountability  Trust and Respect  Recognition and Celebration Pilot Street Sweeping Schedule
Staff has coordinated with MSI to develop the street sweeping schedule for the Pilot. As the entity performing the street sweeping, MSI has insight into program logistics, scheduling, outreach, and metrics and evaluation. Staff has discussed options with MSI to ensure that the pilot locations are able to be addressed with no, or little, disruption to the existing established street sweeping schedules. As a result, the Pilot program will employ a “split street” cleaning schedule, meaning that only one side of the street will have prohibited parking during the street sweeping window in order to allow cars to be parked on the other side. Typical residential areas are swept every two weeks, while in the pilot areas, one side of the street will have a thorough sweeping once a month. During this Pilot, parking will be prohibited from 10AM to Noon on specified days in each Pilot area.

S
taff have mapped out signage locations and associated street sweeping schedules in all four pilot areas. Signs have been fabricated and Staff anticipates sign installation to be completed by mid- February.

The P
olice Department will be assisting with this Pilot and will patrol the areas and issue warning notices to vehicles that remain parked during signed street sweeping periods. During this pilot, staff will be using signage, outreach, and warning citations to encourage vehicles to be moved during street sweeping.

S
taff has presented this information on the development of this Pilot to the Energy and Environmental Sustainability Commission, the Community Advisory Commission, and the City Council’s Transportation Subcommittee, in order to provide a status update on the project as well as to gain feedback and input on Pilot program design and proposed implementation. 150 Item # 17.

Street Sweeping Pilot Project Update Page 5 of 5
February 16, 2021
455 E. Calaveras Blvd., Milpitas, CA 95035 www.ci.milpitas.ca.gov Superior Customer Service  Open Communication  Integrity and Accountability  Trust and Respect  Recognition and Celebration Next Steps
Once the Street Sweeping Pilot Program is implemented, staff will begin evaluating the program on an ongoing basis, through a set of evaluation metrics which include: number of curb miles swept, volume/tonnage of material collected, number of parking warnings issued, percentage of the street blocked by vehicles, and visual audits/assessments of street cleanliness.

I
t should be noted that staff is sensitive to the effects of the COVID-19 pandemic and the County’s shelter-in-place orders and recognizes that there may be more vehicles parked on streets currently than in pre-COVID times. As a result, the focus of the Street Sweeping Pilot will be enforcement through education and warnings, as opposed to through citations. The goal of the pilot is to provide curb access to the street sweeper so that there is effective street sweeping once parked vehicles are moved. Citations and penalties will be enforced, only if necessary.

The S
treet Sweeping Pilot project will be a year-long endeavor, in order to evaluate all four seasons.

The Pilot is slated to start March 1, 2021 with periodic reports to the various Commissions, Transportation Subcommittee, and City Council.
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Attachment 2. Street Sweeping Pilot Areas
AREA 1:

South Park Victoria Dr, Edsel Dr
Dempsey Rd, Shirley Dr, Selwyn Dr
Area 2:

Lynn Ave, Adams Ave,
Gadsden Dr, Ellis Ave, Dennis Ave, Carl Ave,
Braly Ave
Area 3:

North Park Victoria Dr (between Kennedy Dr
and Ayer St)
Area 4:

Yosemite (between Piedmont Rd and South
Park Victoria Dr)
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Milpitas City CouncilMarch 7, 2023

Milpitas City Council
March 7, 2023