Milpitas City Council
April 4, 2023

REGULAR MEETING OF THE MILPITAS

CITY COUNCIL

April 4, 2023 Milpitas City Council Agenda Page 1

AG E N D A
TUESDAY, APRIL 4, 2023
CITY COUNCIL CHAMBERS, 455 E CALAVERAS BLVD, MILPITAS, CA 5:30 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.

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_r-bs6oVzSfi4z7tNswa3gg 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 C ouncil consideration, they must be submitted to the Clerk’s Office by email to [email protected] by 12:00 p.m. on the day of the meeting. No presentations will be accepted in person in the Council Chambers.

MILPITAS CITY COUNCIL CODE OF CONDUCT
 Be respectful and courteous (words, tone, and body language).  Model civility.
 Avoid surprises.
 Praise publicly and criticize privately.
 Focus on the issue, not the person.
 Refrain from using electronic devices while on the Council dais.  Disclose conflicts of interest and affiliations related to agenda items.  Separate governing from campaigning.
 The Council speaks with one voice after making policy on issues.  Respect the line between policy and administration.
 Council will hold one another accountable to comply with this Code of Conduct. 1 April 4, 2023 Milpitas City Council Agenda Page 2
CALL MEETING TO ORDER by Mayor and ROLL CALL by City Clerk (5:30 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 related to the expiration of a contract to which the City is a party City as Defendant
(b) CONFERENCE WITH LABOR NEGOTIATORS
Pursuant to Government Code Section 54957.6
Agency designated representative: Nick Raisch, Human Resources Director Bargaining unit: LIUNA, UPEC (Pro-Tech, MEA)
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 (Councilmember Lien)
INVOCATION (Councilmember Phan)
PRESENTATIONS (7:05 PM)
 Vietnamese American Heritage Month (Proclamation)
 National Public Safety Telecommunications Week (Proclamation) PUBLIC FORUM (7:15 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

APPROVAL OF AGENDA
CONSENT CALENDAR (7:20 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 April 2023 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Receive City Council Calendar of Meetings for April 2023.

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

Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Approve City Council Regular Meeting minutes of March 21, 2023. 2 April 4, 2023 Milpitas City Council Agenda Page 3

C3. Receive the Preview List of Anticipated Items for the Next Regular City Council Meeting (Staff Contact: Suzanne Guzzetta, 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. Consider Recommendation for Removal of Commissioner (Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Recommendation: Approve the removal of Kenneth Truong from the Student – CHHS Student seat on the Arts Commission and direct the City Clerk to post the notice of unscheduled vacancy.

C6. Approve and Authorize City Manager to Execute Three-Year Agreement with the City of San Jose for Animal Control Services (Staff Contact: Bill Tott, Building Official, 408 586-3263) Recommendation: Approve and authorize the City Manager to execute a three-year service contract agreement with the City of San Jose for Animal Services in the amount of $1,655,696.64 for fiscal years 2023-2026 with two additional three-year options.

C7. 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 (Staff Contact: Matt Cano, Deputy City Manager, 408-586-3012) Recommendation: Postpone indefinitely.

C8. Adopt a Resolution Releasing Unclaimed Checks with a Value less than $15 in the Aggregate Amount of $655.27 (Staff Contact: Lauren Lai, Finance Director, 408-586-3111) Recommendation: Adopt a resolution releasing unclaimed checks with a value less than $15 and transfer a total of $655.27 in unclaimed checks to the General Fund.

C9. Approve an Amendment to the Professional Services Agreement with WeHOPE for Mobile Shower and Laundry Services to Add Additional Funding in the Amount of $10,000.00, with a Total Not to Exceed Contract Amount of $96,552.00 (Staff Contact: Alex Andrade, Director of Economic Development, 408-586-3046; and Robert Musallam, Housing and Neighborhood Services Administrator, 408-586-3275)
Recommendation: Approve an amendment to the professional services agreement with WeHOPE for Mobile Shower and Laundry Services to add additional funding in the amount of $10,000.00, with a total not to exceed contract amount of $96,552.00.

C10. Receive the 2022 General Plan Annual Progress Report and Authorize Submittal of the Report to the Governor’s Office of Planning and Research (OPR) (Staff Contact: Ned Thomas, Planning Director, 408-586-3273; and Jay Lee, Principal Planner, 408-586-3077) Recommendation: Receive the 2022 General Plan Annual Progress Report and authorize the submittal of the report to the Governor’s Office of Planning and Research (OPR). 3 April 4, 2023 Milpitas City Council Agenda Page 4

C11. Accept the FY 2023 Citizens’ Option for Public Safety (COPS) Grant in the Amount of $124,855.00 for Front-Line Law Enforcement Services and Approve the Appropriation of Funds in the Total Amount of $124,855.00 to the Police Department’s FY2022-23 Operating Budget for Front-Line Law Enforcement Services (Staff Contact: Jared Hernandez, Chief of Police, 408-586- 2406)
Recommendation: Accept the FY 2023 Citizens’ Option for Public Safety (COPS) Grant in the amount of $124,855.00 for front-line law enforcement services and approve the appropriation of funds in the total amount of $124,855.00 to the Police Department’s FY2022-23 Operating Budget for front-line law enforcement services.

C12. Accept Additional FY 2022 Citizens’ Option for Public Safety (COPS) Grant in the Amount of $75,657.69 for Front-Line Law Enforcement Services to be spent in alignment with the City Council Approved FY 2022 Spending Plan; and Approve the Appropriation of Funds in the Total Amount of $75,657.69 to the Police Department’s FY2022-23 Operating Budget for Front-Line Law Enforcement Services (Staff Contact: Jared Hernandez, Chief of Police, 408-586-2406) Recommendation: Accept additional FY 2022 Citizens’ Option for Public Safety (COPS) Grant in the amount of $75,657.69 for Front-Line Law Enforcement Services; and Approve the appropriation of funds in the total amount of $75,657.69 to the Police Department’s FY2022-23 Operating Budget for Front-Line Law Enforcement Services.

C13. Waive the Second Reading and Adopt Ordinance No. 120.50 to Amend Chapter 1 of Title VIII of the Milpitas Municipal Code Relating to Water Service Charges (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Lauren Lai, Director of Finance, 408-586-3111) Recommendation: (1) Waive the second reading of Ordinance No. 120.50; and (2) Adopt Ordinance No. 120.50 to amend Chapter 1 of Title VIII of the Milpitas Municipal Code relating to water service charges.

C14. Waive the Second Reading and Adopt Ordinance No. 208.55 to Amend Chapter 2 of Title VIII of the Milpitas Municipal Code Relating to Sewer Service Charges (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Lauren Lai, Director of Finance, 408-586-3111) Recommendation: (1) Waive the second reading of Ordinance No. 208.55; and (2) Adopt Ordinance No. 208.55 to amend Chapter 2 of Title VIII of the Milpitas Municipal Code relating to sewer service charges.

C15. Consider Two Fee Waiver Requests and One Donation Request from the Christian Worship Center, FAREPA, and Milpitas High School Aerotech Club (Staff Contact: Renee Lorentzen, Director of Recreation and Community Services, 408-586-3409) Recommendation: (1) Approve a fee waiver of $1,500.00 for the Christian Worship Center’s Annual Community Easter Egg Hunt at Gill Park on Sunday, April 8, 2023; (2) Approve a fee waiver of $830.00 for FAREPA Silicon Valley, Inc. for their ADU Workshop at the Milpitas Community Center on May 13, 2023; and (3) Approve a donation of $500.00 to the Milpitas Unified School District’s Milpitas High School Aerotech Club to participate in the American Rocketry Competition on May 20, 2023.

C16. Approve the addition of Names to City Naming Lists and Name a New City Park the Delano Manongs Park (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409)
Recommendation: (1) Approve adding Muwekma to the Influential People Naming List; (2) Approve adding Delano Manongs to the Influential People Naming List; and (3) Approve naming a new park in the Metro Area the “Delano Manongs Park.”
4 April 4, 2023 Milpitas City Council Agenda Page 5

PUBLIC HEARINGS (7:25 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.

17. Adopt a Resolution Approving a Site Development Permit, Conditional Use Permit, Vesting Tentative Map, Density Bonus Permit, Tree Removal Permit, and Environmental Assessment to Allow the Development of 57 Townhome Condominiums and Associated Site Improvements on an Approximately 2.35-Acre Site Located in the Mixed-Use (MXD) Zoning District at 612 South Main Street (APNs 086-25-027, 028) Located within the Midtown Specific Plan Area and Submitted Under California Senate Bill 330 (Housing Crisis Act of 2019) (Staff Contact: Ned Thomas, Planning Director, 408-586-3273)
Recommendation: Adopt a resolution to approve Site Development Permit No. SD22-0007, Conditional Use Permit No. UP22-0003, Vesting Tentative Map No. MT22-0003, Density Bonus Permit No. DB22- 0002, Tree Removal Permit No. TR22-0014, and Environmental Assessment No. EA22-0005, subject to the Conditions of Approval.

18. 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: Table the discussion to a future meeting.

COMMUNITY DEVELOPMENT (8:00 PM)

19. Receive Housing Report and Presentation (Staff Contact: Alex Andrade, Director of Economic Development, 408-586-3046; and Robert Musallam, Housing and Neighborhood Services Administrator, 408-586-3275)
Recommendation: Receive Housing Report and presentation.

PUBLIC SAFETY (9:00 PM)

20. Receive Calendar Year 2022 Controlled Equipment Annual Report, Take Public Comment and Questions for the Purpose of Community Engagement, and Approve Proposed Acquisitions for Calendar Year 2023 (Staff Contact: Jared Hernandez, Chief of Police, 408-586-2406; and Frank Morales, Assistant Chief of Police, 408-586-2521)
Recommendation: Receive Calendar Year 2022 Controlled Equipment Annual Report, take public comment and questions for the purpose of community engagement, and approve proposed acquisitions for Calendar Year 2023.

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS (9:30 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 (9:35 PM)

5 April 4, 2023 Milpitas City Council Agenda Page 6

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 delib erations are conducted before the people and City operations are open to the people’s review. For more information on your rights under the Open Government Ordinance or to report a violation, contact the City Attorney’s office at Milpitas City Hall, 455 E. Calaveras Blvd., Milpitas, CA 95035 e-mail:[email protected] / Phone: 408-586-3040

The Open Government Ordinance is codified in the Milpitas Municipal Code as Title I Chapter 310 and is available online at the City’s website www.milpitas.gov by selecting the Milpitas Municipal Code link.

Materials related to an item on this agenda submitted to the City Council after initial distribution of the agenda packet are available for public inspection at the City Clerk’s office at Milpitas City Hall, 3rd floor 455 E. Calaveras Blvd., Milpitas and on City website. City Council agendas and related materials can be viewed online: www.milpitas.gov/government/council/agenda_minutes.asp (select meeting date)

APPLY TO SERVE ON A CITY COMMISSION
Commission application forms are available online at www.milpitas.gov or at Milpitas City Hall.

Contact the City Clerk’s Office at 408-586-3001 for more information.

If you need assistance, per the Americans with Disabilities Act, for any City of Milpitas public meeting, please call the City Clerk at 408-586-3001 or send an e-mail to [email protected] prior to the meeting. You may request a larger font agenda.

6 Milpitas City Council Calendar

April 2023

Sunday Monday Tuesday Wednesday Thursday Friday Saturday

1 2

3 7:00 PM-Parks, Recreation & Cultural
Resources Commission (HL)

4 5:30 PM-Closed Session
7:00 PM-City Council

5 2:00 PM-Santa Clara VTA Monthly
Briefing - Northeast Group (CM)
5:30 PM-Veterans Commission (CM)
7:00 PM-Community Advisory
Commission (AP)

6 5:30 PM-Milpitas Chamber of
Commerce Board (GB)
5:30 PM-Santa Clara VTA Board of
Directors (CM) (San Jose)
6:00 PM-Community Townhall
FY2023-2024 Budget (Committee
Conference Room, City Hall)

7 8

9 10
4:30 PM-Economic Development and
Trade Commission (CM)

11 4:00 PM-Milpitas HOPE Suicide
Prevention Task Force

12 12:00 PM-Valley Water District
Water Commission (CM) (San Jose)
4:30 PM-City Council Transportation
Subcommittee (CM/EC)
7:00 PM-Silicon Valley Clean Energy
Board of Directors (EC) (Cupertino)
7:00 PM-Planning Commission

13 4:00 PM-Treatment Plant Advisory
Committee (CM) (San Jose)
4:00 PM-Santa Clara VTA Policy
Advisory Committee (EC) (San Jose)
5:30 PM-Cities Assoc of SCC
Legislative Action Committee (CM)
(Los Altos Community Center)
6:00 PM-Youth Advisory Commission
(HL)
7:00 PM-Cities Assoc of SCC (CM)
(Los Altos Community Center)

14 15

16 17
7:00 PM-Science, Technology, and
Innovation Commission (GB)

18 6:00 PM-Closed Session
7:00 PM-City Council

19 6:00 PM-Energy and Environmental
Sustainability Commission (EC)

20 10:30 AM-South Bay Odor
Stakeholders Group Meeting (CM)

21 22
10:00 AM-
12:00 PM
Earth Day
Event
(Selwyn Park)
23 24
7:00 PM- Arts Commission (AP)
25 1:30 PM-Senior Advisory Commission
(AP)

26 5:30 PM-Cities Assoc. of SCC -
Recycling and Waste Reduction
Commission (CM)
7:00 PM-Planning Commission
27 12:00 PM-SCC Library Joint Powers
Authority Board Meeting (Campbell)
(EC)
28 29

30 *Finance Subcommittee will only meet as needed
March 2023

S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31

May 2023

S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31

7 Item # C1.

JOINT MEETING OF THE MILPITAS CITY

COUNCIL AND HOUSING AUTHORITY

March 21, 2023 Milpitas City Council Minutes Page 1

M I NU TE S
TUESDAY, MARCH 21, 2023

The City Council of the City of Milpitas convened in a Joint Meeting of the Milpitas City Council and Housing Authority on March 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 6:00 PM. Roll Call was taken by City Clerk Guzzetta.

PRESENT: Mayor Montano, Vice Mayor Chua, Councilmembers Barbadillo, Lien, and Phan (6:01 PM).

ABSENT: None.

City Attorney Mutalipassi announced the closed session items.

Councilmember Barbadillo asked for clarification on how items may be added to the Closed Session agenda.

After discussion, Vice Mayor Chua made a motion: to remove Item (B) from the closed session agenda and reschedule to May. Mayor Montano seconded the motion. Upon a call for the question, the motion failed (2-3).

Motion/Second: Vice Mayor Chua / Mayor Montano
Motion failed with the following vote:

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

The City Council adjourned to Closed Session at 6:19 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 related to the expiration of a contract to which the City is a party.

City as Defendant

(b) PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to California Government Code Section 54957
Position: City Attorney
The City Council reconvened in regular session at 7:54 PM CLOSED SESSION ANNOUNCEMENT:

City Attorney Mutalipassi stated there was nothing to report out.

PLEDGE OF ALLEGIANCE
Mayor Montano led the Pledge of Allegiance.
8 Item # C2.

March 21, 2023 Milpitas City Council Minutes Page 2

INVOCATION
Councilmember Barbadillo presented the invocation.

PRESENTATIONS
Mayor Montano and City Councilmembers presented certificates to the Santa Clara Valley Science and Engineering Fair Association (SCVSEFA) Milpitas student STEM winners.

PUBLIC FORUM

There were the following public speakers:

1. Shalaka Kathapurkar

2. Rob Means

3. Jessie Keung

4. Diane Pham

5. Allysson McDonald

6. Voltaire Montemayor

ANNOUNCEMENT OF CONFLICT OF INTEREST AND CAMPAIGN CONTRIBUTIONS City Attorney Mutalipassi asked the Mayor and City Councilmembers if they had any personal conflicts of interest. By roll call, there were no conflicts of interest. City Attorney Mutalipassi asked the Mayor and City Councilmembers if they had any reportable campaign contributions. By roll call, there were no reportable campaign contributions.

READING OF THE CITY COUNCIL CODE OF CONDUCT
Mayor Montano read the Code of Conduct.

The City Council adjourned to Closed Session at 8:27 p.m.

The City Council reconvened at 8:54 p.m.

Mayor Montano reported that there was no action to report out.

APPROVAL OF AGENDA
Motion: to approve the March 21, 2023 Regular Meeting Agenda. Reschedule Item 17 to a date when the allocation of ARPA funds is determined and defer Item 18.

Motion/Second: Mayor Montano / Councilmember Phan
Motion carried by the following vote:

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

CONSENT CALENDAR

There were the following public speakers:

1. Lisa Reeve

2. Allysson McDonald

3. Loreto Dimaandal
9 Item # C2.

March 21, 2023 Milpitas City Council Minutes Page 3

Motion: to approve the Consent Calendar, pulling Items C6, C10, and C11, and deferring Item C9 to be discussed with the budget.

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

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

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

C2. Approve City Council City Council Special Meeting Minutes of February 28, 2023 and Regular Meeting Minutes of March 7, 2023 (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001) Approved City Council Special Meeting minutes of February 28, 2023 and Regular Meeting minutes of March 7, 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. Consider Recommendations from Mayor Montano for Removal from and Appointments to City Commissions (Contact: Mayor Montano, 408-586-3024)
Received Mayor Montano's recommendations, directed the City Clerk to post the notice of unscheduled vacancy, and took the following actions related to appointments to City Commissions:

Community Advisory Commission:

1. Removed Monica Rodriguez as commissioner from a seat with an unexpired term ending January 2024.

2. Appointed Elizabeth Ashley as a non-voting student member with a term ending January 2026.

Economic Development and Trade Commission:

1. Appointed Conrad Shapira as Alternate no. 1 with an unexpired term ending April 2024.

2. Appointed Michael Nguyen as Alternate no. 2 with an unexpired term ending April 2026.

Library and Education Advisory Commission:

1. Appointed Yunha Park as a non-voting student member with an unexpired term ending June 2026.

Parks, Recreation, and Cultural Resources Commission:

1. Appointed Jimmy Minh Duc Nguyen as a non-voting student member with a term ending June 2026.

Senior Advisory Commission:

1. Appointed Sai Anish as a non-voting student member with an unexpired term ending December 2025.
10 Item # C2.

March 21, 2023 Milpitas City Council Minutes Page 4

C6. 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 (Staff Contact: Steve Chan, Interim Engineering Director/City Engineer 408-586-3324)
Item pulled from consent calendar.

C7. Approve and Authorize the City Manager to Execute Amendment No. 1 with Plante & Moran, PLLC for Enterprise Resource Planning (ERP) System Consultation to Extend the Term by 12 Months and Increase the Existing Contract by $88,450.00 for a Total Contract Amount of $188,210.00 (Staff Contact: Lauren Lai, Finance Director, 408-586-3111) Approved and authorized the City Manager to execute Amendment No. 1 with Plante & Moran, PLLC for Enterprise Resource Planning (ERP) System Consultation to extend the term by 12 months and increase the existing contract by $88,450.00 for a total contract amount of $188,210.00.

C8. Adopt a Universal Resolution Designating the City Manager as the Authorized Agent to Execute for, and on behalf of, the City of Milpitas for the Purpose of Obtaining Federal and State Financial Assistance (Staff Contact: Brian Stelling, Interim Fire Chief, 408-586-2811; and Toni Charlop, Emergency Services Coordinator, 408-586-2801)
Adopted Resolution No. 9227 designating the City Manager as the Authorized Agent to execute for, and on behalf, of the City of Milpitas for the purpose of obtaining Federal and State financial assistance.

C9. Adopt a Resolution Amending Resolution No.1626, the Classification Plan, to Establish the Position and Classification of Public Works Manager – Utilities and Modify, Approve and Adopt the Salary Schedule Titled “All Job Classifications/Salary Table” to Include the Salary Range for this Classification (Staff Contact: Nick Raisch, Human Resources Director, 408-586-3086; and Christian Di Renzo, Public Works Director, 408-586-2602) Deferred to be heard with the budget.

C10. Approve the addition of Names to City Naming Lists and Name a New City Park the Delano Manongs Park (Staff Contact: Renee Lorentzen, Recreation and Community Services Director, 408-586-3409)
Item pulled from consent calendar.

C11. Approve and Authorize the City Manager to Execute a Three-Year Agreement with the City of San Jose for Animal Control Services (Staff Contact: Bill Tott, Building Official, 408 586-3263) Item pulled from consent calendar.

C12. Receive the 2022 Housing Element Annual Progress Report and Housing Successor Agency Annual Report and Authorize the Submittal of Both Reports to California Department of Housing and Community Development (HCD) and Governor’s Office of Planning and Research (OPR) (Staff Contact: Alex Andrade, Economic Development Director, 408-586-3046 and Robert Musallam, Housing and Neighborhood Services Administrator, 408-586-3275) Received the 2022 Housing Element Annual Progress Report and Housing Successor Agency Annual Report and authorize the submittal of both reports to California Department of Housing and Community Development (HCD) and Governor’s Office of Planning and Research (OPR).

11 Item # C2.

March 21, 2023 Milpitas City Council Minutes Page 5

C13. Adopt a Resolution Expressing Support for the City’s 2022-2023 Priority Development Area Planning Grant Applications to the Metropolitan Transportation Commission to Prepare a Master Streetscape Plan for Main Street and a Conceptual Parks and Trails Plan for the Innovation District (Staff Contact: Ned Thomas, Planning Director, 408-586-3273; and Jay Lee, Principal Planner, 408-586-3077)
Adopted Resolution No. 9228 expressing support for the City’s 2022-2023 Priority Development Area Planning Grant applications to the Metropolitan Transportation Commission to prepare a master streetscape plan for Main Street and a conceptual parks and trails plan for the Innovation District.

C14. Accept Commissioner Resignation (Staff Contact: Suzanne Guzzetta, City Clerk, 408-586-3001) Accepted the resignation of Abhijit Pandey from the Science, Technology and Innovation Commission and directed the City Clerk to post the notice of unscheduled vacancy.

PUBLIC HEARINGS

15. Conduct a Public Hearing to Consider Protests Against Proposed Water and Recycled Water Rates for FY 2023-24 through FY2027-28 and Introduce Ordinance No. 120.50 (Staff Contact:

Christian Di Renzo, Public Works Director, 408-586-2602) Public Works Director Di Renzo presented the report.

Mayor Montano opened the public hearing.

There were the following public speakers:

1. Voltaire Montemayor

2. Katherine Suezaki

3. Melissa

4. Allysson McDonald

5. Loreto Dimaandal

Mayor Montano closed the public hearing.

Public Works Director Di Renzo responded to questions from the City Council.

Councilmember Lien asked for staff to return with information on the impacts if the increase was lowered to 3.2% in the first two years. Assistant City Manager Kantak noted that if the City has to come back at a later date, it wouldn’t be incorporated into the operating budget.

City Clerk Guzzetta announced that the City had received 33 valid protests out of a total 10,357 required for a majority protest.

City Attorney Mutalipassi read aloud the title of the ordinance.

Motion: to move to waive the first reading beyond the title and introduce Ordinance No. 120.50 to approve updated water and recycled water rates for FY23/24 through FY27/28. Ordinance is entitled:
“An Ordinance of the City of Milpitas Amending Chapter 1 of Title VIII of the Milpitas Municipal Code Relating to Water Service Charges.”
Motion/Second: Mayor Montano / Councilmember Barbadillo Motion carried by the following vote:

AYES: Councilmembers Barbadillo, Lien, Vice Mayor Chua, and Mayor Montano NOES: Phan
12 Item # C2.

March 21, 2023 Milpitas City Council Minutes Page 6

16. Conduct a Public Hearing to Consider Protests Against Proposed Sewer Rates for FY23/24 through FY27/28 and Introduce Ordinance No. 208.55 (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Lauren Lai, Director of Finance, 408-586-3111) Public Works Director Di Renzo presented the report.

Mayor Montano opened the public hearing.

There were the following public speakers:

1. Rob Means

2. Voltaire Montemayor

3. Katherine Suezaki

4. Melissa

Mayor Montano closed the public hearing.

City Clerk Guzzetta announced that the City had received 33 valid protests out of a total 10,357 required for a majority protest.

Councilmember Lien suggested not raising both water and sewer rates at the same time.

Public Works Director Di Renzo, Assistant City Manager Kantak, and Recreation and Community Services Director Lorentzen responded to questions from the City Council.

City Attorney Mutalipassi read aloud the title of the ordinance.

Councilmember Lien moved to not raise the sewer rate for the next two years. Councilmember Phan seconded the motion. Upon a call for the question the motion failed (2-3).

Motion/Second: Councilmember Lien / Councilmember Phan
Motion failed with the following vote:

AYES: Councilmembers Lien and Phan.

NOES: Councilmember Barbadillo, Vice Mayor Chua, and Mayor Montano.

Mayor Montano then made a motion: to move to waive the first reading beyond the title and introduce Ordinance No. 208.55 to approve updated sewer rates for FY23/24 through FY27/28 entitled: “An Ordinance of the City of Milpitas Amending Chapter 2 of Title VIII of The Milpitas Municipal Code Relating to Sewer Service Charges” and approve the subsidy program for Mobile Home Park customer class.

Motion/Second: Mayor Montano / Vice Mayor Chua
Motion carried by the following:

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

COMMUNITY DEVELOPMENT

17. Housing Report and Proposed Funding for Emergency Motel Stays Program and WeHOPE for Mobile Showers and Laundry Services (Staff Contact: Alex Andrade, Director of Economic Development, 408-586-3046)
Deferred to a date when the allocation of ARPA funds is determined.

13 Item # C2.

March 21, 2023 Milpitas City Council Minutes Page 7

18. Receive a Report on the Homekey Project at 1000 Hillview Court (Staff Contact: Ashwini Kantak, Assistant City Manager, 408-586-3056)
Deferred.

City Attorney Mutalipassi announced that the City Council had reached their curfew.

Councilmember Phan made a motion: to adjourn the meeting. Vice Mayor Chua seconded the motion. Upon a call for the question, it passed unanimously.

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

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

Items C6, C10, and C11 pulled from the Consent Calendar were not heard.

ANNOUNCEMENTS AND FUTURE AGENDA ITEMS
This item was not heard.

ADJOURNMENT
Mayor Montano adjourned the meeting at 11:13 p.m.

Draft meeting minutes submitted by City Clerk, Suzanne Guzzetta

14 Item # C2.

TENTATIVE CITY COUNCIL AGENDA ITEM LIST
as of 3/29/2023

April 18, 2023 – Regular Meeting

CLOSED SESSION
 Labor Relations

INVOCATION (Councilmember Phan)

PRESENTATION
 Earth Day (April 22, 2023) (Proclamation)
 National Autism Acceptance Month (Proclamation)
 Affordable Housing and Building Safety Month (Proclamation)  Parkinson’s Awareness Month (Proclamation)

CONSENT CALENDAR

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

2. Approve City Council Meeting minutes of April 4, 2023 (City Clerk)

3. Preview list of items for May 2, 2023 (City Clerk)

4. Councilmember Request List (City Clerk)

5. Commission Appointments (City Clerk)

COMMUNITY DEVELOPMENT

6. Project Homekey Report

COMMUNITY SERVICES

7. CFD 2008-1 Election No. 24 for 1752 & 1810 Houret Ct Project (Engineering)

PUBLIC HEARING

8. Public Hearing and Resolution Approving the 2024-2028 Capital Improvement Program (Engineering)

9. Master Fee Schedule Adoption (Finance)

10. CDBG Hearing on substantial amendment to the 2022-2025 Consolidated Plan and 2023-2024 Annual Action Plan (Housing)

PUBLIC SAFETY

LEADERSHIP

REPORTS
15 Item # C3.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
Request
No. Topic Submitted by:

Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
1 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
2 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
3 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
Request
No. Topic Submitted by:

Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
4 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.
5 Staff explore eliminating or waiving the fee for the
gym at the Milpitas Senior Center Chua 10/18/2022
Staff will evaluate this item consistent with
the Recreation and Community Service Cost
Recovery City Council Policy and bring it
back to Council for consideration as part of
approval of the FY 2023-24 Proposed Master
Fee Schedule.
6 Schedule an additional ADU workshop Chua 9/6/2022
Similar to last year, staff will support any
webinar hosted by a community partner.
7 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.
8 Quarterly or Monthly crime statistics on Homekey
Project Chua 6/7/2022
PD will present quarterly reports starting on
November 15, 2022.
9 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.

OPEN ITEMS

ACTIVE ITEMS
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:
10 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.
11 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.
13 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;
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
15 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
14 Establish a SPAR fund modelled after the City of
Mountain View - sets asides moneys for
opportunities to buy real estate Montano 6/7/2022
12 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 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:

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
17 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
18 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.
20 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.
19 Evaluate reopening the childcare center with a non-
profit organization running the center Montano 2/1/2022 16 Explore the policy for locking mechanisms on
shopping carts for large commercial businesses Tran 4/19/2022 NOTE: Deferred and Completed Items are not listed18
Item # C4.

MILPITAS CITY COUNCIL

AGENDA ITEM REQUESTS
Request
No. Topic Submitted by:

Date
Requested
STATUS and/or DATE scheduled on City
Council meeting agenda:
21 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.
24 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
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
26 Look into opening up the Senior Center on
Saturdays for half a day Chua 8/5/2021
27 Look into bringing back a roller rink Montano 8/5/2021 23 Have a picture of Albert Vogel Sr. put up in the
Senior Center Montano 10/19/2021
25 Include a bust of Maria Lemire on the Mural in front of the Senior Center Montano 8/17/2021
22 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 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:
28 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.
29 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.
31 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.
32 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.
30 Amendment to the existing ordinance for third-party
food delivery vendor services to prohibit regulatory
response fees Phan 2/16/2021
NOTE: Deferred and Completed Items are not listed20
Item # C4.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Consider Recommendation for Removal of Commissioner (Contact: Suzanne Guzzetta, City Clerk, 408-586-3001)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 4/4/2023
Recommendation: Approve the removal of Kenneth Truong from the Student – CHHS Student seat on the Arts Commission and direct the City Clerk to post the notice of unscheduled vacancy.

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.

Most City of Milpitas Commissions have one non-voting student member. In order to qualify to be appointed as a non-voting student commissioner, applicants must be a Milpitas resident enrolled in grades 9-12. There are two non-voting student commissioners appointed to the Arts Commission, each representing one of the high schools located in Milpitas.

Analysis:

Kenneth Truong was appointed as the non-voting student commissioner representing Calaveras Hills High School on the Arts Commission but now attends college. He no longer qualifies to sit on the Arts Commission as a non-voting student member.

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 Arts Commission will be posted Wednesday, April 5, 2023.

Fiscal Impact:

There is no fiscal impact associated with this item.

Recommendation:

Approve the removal of Kenneth Truong from the Student – CHHS Student seat on the Arts Commission and direct the City Clerk to post the notice of unscheduled vacancy.

21 Item # C5.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Approve and Authorize City Manager to Execute Three-Year Agreement with the City of San Jose for Animal Control Services (Bill Tott, Building Official, 408 586- 3263)
Category: Consent Calendar-Community Development
Meeting Date: 4/4/2023
Recommendation: Approve and authorize the City Manager to execute a three-year service contract agreement with the City of San Jose for Animal Services in the amount of $1,655,696.64 for fiscal years 2023-2026 with two additional three-year options.

BACKGROUND:

Since July 1, 2001, the City of San Jose has provided the City of Milpitas with Animal Control Services. These services include field services, sheltering, medical services, monthly reporting and animal licensing for Milpitas residents. The San Jose Animal Shelter Facility is located at 2750 Monterey Road, near the County Fairgrounds. The most recent contract went from July 1, 2018 to June 30, 2021 and was extended for one year terminating on June 30, 2022, and then for another one year terminating on June 30, 2023.

ANALYSIS:

City staff have reviewed data for the most recent seven years in which the City of San Jose has provided animal control services. During this time an average of 630 animals per year have benefited from their services. They provide licensing for approximately 1,500 cats and dogs per year which provides the City of Milpitas approximately $45,000 a year in licensing revenues. The City of San Jose Animal Control Services respond to nearly1,200 calls per year related to sick, dangerous, deceased, or injured animals.

Animal Control Services Provided by the City of San Jose:
• Field Services - Pick up dead and injured animals, confining stray animals, response to emergency calls, investigating complaints, respond to police assistance. • Response Time Performance Standards - Priority 1, 2, 3 and 4 calls, and responding to after business hour calls;
• Sheltering Services - Sheltering abandon, impounded, lost or stray animals, quarantine of biting animals, rabies testing of suspect animals, provisions for surrender and claim animals of abandoned, lost or stray, euthanization and disposal of abandoned, lost or stray animals; • Medical Services - Provisions for veterinarian services 24 hours per day to treat and provide veterinarian care to stray, injured or sick animals;
• Dead Animals Services - Pick up dead animals.

The City of San Jose provides the City of Milpitas with monthly reports regarding the number of calls for service, response time to the calls and the number of animals taken to the shelter. To date, the partnership with the City of San Jose Animal Control Services has worked effectively for the City.

To ensure that we continue to look for the most optimum and cost effective service delivery option, staff conducted extensive research on alternatives to provide animal control services for the City of Milpitas.

Three options were considered - working with the Humane Society, working with Silicon Valley Animal Control Authority (SVACA), and providing the services in-house.

The Humane Society is local and a valuable part of the community but lacks the infrastructure to provide all the services the City of Milpitas needs. They are not able to provide field services to pick up or deliver stray, sick, injured, and deceased animals as they lack the staffing and vehicles to provide these services. They also lack 22 Item # C6.

the staffing to be able to respond to emergency calls after hours, and they lack 24-hour veterinary services.

Additionally, they lack the ability to hold and administer administrative hearings and to do animal licensing.

Silicon Valley Animal Control Authority (SVACA) is another great organization located in Santa Clara County, however, there are upfront costs required to join that makes it disadvantageous for the City of Milpitas to join SVACA at this time. It was determined that the City of Milpitas would have to contribute $100,000 for data transfer and set-up costs, and for uniforms for employees to service Milpitas. Additionally, Milpitas would be required to purchase a vehicle for transferring and collecting animals which would have cost $50,000. Due to supply chain issues and inflation these costs would be higher at this time. At the time staff conducted its’ investigation, annual costs for SVACA would have been an additional $20,000 over the costs to receive similar services from the City of San Jose for Animal Control services. An additional non-monetary challenge is that SVACA sets its rates every year, which presents a challenge for budgeting and long-term planning.

Additionally, by joining SVACA the City of Milpitas would no longer receive fees from cat and dog licensing which helps offset the cost of animal services by approximately $45,000 a year.

With regards to providing animal control services in-house, preliminary research by staff showed that the cost of providing animal control services in-house would be difficult to justify. Start-up capital costs would involve several million dollars to acquire a building, vehicles and equipment, as well as the staffing costs to operate a 24-hour facility with onsite veterinary staff and field staff. It is estimated that the cost of having a minimum of six staff to operate this program alone would cost more than the cost of partnering with the City of San Jose to provide the City of Milpitas with animal control services.

The City of San Jose recently did a cost study analysis and based off of this analysis it provided rates for the City of Milpitas as shown below. These rates are higher than the City of Milpitas had in the prior contract, and by agreeing to a longer contract than in the past the City can isolate itself better against larger rate increases and provide a continuum of care of animal services and animal licensing for its residents. Based on staff research it appears that longer contracts could save the City of Milpitas significantly over time, and this excludes the cost of staff time for both Milpitas and San Jose staff that is involved in negotiating and executing contracts on a repetitive short-term basis. In reviewing prior animal control services contracts, it was determined that the City could have saved approximately 3% per year by utilizing longer contracts for these services.

Based on staff’s extensive research it is recommended that the City of Milpitas execute this contract with the City of San Jose as it provides an initial three years of stability for the City of Milpitas in terms of Animal Services, with two additional options of three-years each at the same per year maximum 4% increase.as the initial term.

Additionally, the City of San Jose collects and gives to the City of Milpitas animal licensing fees which are approximately $45,000 per year. During this three year contract with two three-year extensions, the City of Milpitas will receive approximately $405,000 back from animal licensing fees, which offsets a small portion of these costs.

The Contract is composed of a three-year initial contract, and two additional three-year extensions. The cost breakdown is shown below.

The initial term of the proposed agreement is from July 1, 2023 through June 30, 2026 with compensation of $530.400 in the first year. Thereafter, the annual contract amount will increase by four percent (4%) each following fiscal year. The initial terms including the four percent (4%) increase results in the following compensation for the City of San Jose:

Initial Term

July 1, 2023 through June 30, 2024: $530,400
July 1, 2024 through June 30, 2025: $551,616
July 1,2025 through June 30, 2026: $573,680 23
Item # C6.

Total Compensation: $1,655,696
1st Option Term

July 1, 2026 through June 30, 2027: $596,628
July 1, 2027 through June 30, 2028: $620,493
July 1, 2028 through June 30, 2029: $645,313
Total Compensation: $1,862,434

2nd Option Term

July 1, 2029 through June 30, 2030: $671,125
July 1, 2030 through June 31, 2031: $697,970
July 1,2031 through June 30, 2032: $725,890
Total Compensation: $2,094,985

Total Agreement Compensation is $1,655,696 for the first term with a total price, including the options, of $5,613,115.

The contract does not include the provisions of the Wage Theft Procurement Policy as the City of San Jose is itself a charter city organized under the California Constitution and the provisions of its charter with its own police powers. The City of Milpitas’s police powers do not extend to the City of San Jose.

FISCAL IMPACT:

This contract will have a fiscal impact of $1,655,696 during the first term and a total of $5,613,115 if both options are exercised. It is a continuation of a service provided for the Milpitas community by the City of San Jose since 2001 and is not a new expenditure. The City of San Jose collects and gives to the City of Milpitas animal licensing fees which are approximately $45,000 per year. During this threeyear contract the City of Milpitas will receive approximately $135,000 back from animal licensing fees, which results in a net contract cost over the three year period of approximately $1,520,696. Fiscal Year 2023-24 contract amount of $530,400 is currently included in the proposed base budget, subject to Council adoption on June 6, 2023. Outyear contract amounts are subject to available annual appropriation.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

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

RECOMMENDATION:

Approve and authorize the City Manager to execute a three-year service contract agreement with the City of San Jose for Animal Services in the amount of $1,655,696.64 for fiscal years 2023-2026 with two additional three year options.

Attachment(s):

Agreement for Animal Services between the City of San Jose and the City of Milpitas 24 Item # C6.

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AGREEMENT FOR ANIMAL SERVICES

BETWEEN THE CITY OF SAN JOSE

AND THE CITY OF MILPITAS

This AGREEMENT is made and entered into this ____day of _______________, 20__, by and between the CITY OF SAN JOSE, a municipal corporation, (hereinafter “SAN JOSE”), and the CITY OF MILPITAS, a municipal corporation, (hereinafter “MILPITAS”). SAN JOSE and MILPITAS are sometimes referred to herein individually as “Party” and collectively as “Parties.”

THE PARTIES HEREBY AGREE AS FOLLOWS:

SECTION 1. SCOPE OF SERVICES.

SAN JOSE shall perform those services specified in detail in EXHIBIT A, entitled “SCOPE OF SERVICES”, which is attached hereto and incorporated herein.

SECTION 2. TERM OF AGREEMENT.

A. Initial Term.

The initial term of this AGREEMENT shall be from July 1, 2023 (“Commencement Date”) through June 30, 2026, inclusive, subject to the provisions of SECTION 8 of this AGREEMENT (“Initial Term”). Regardless of the date of execution of this AGREEMENT, this AGREEMENT is effective as of the Commencement Date.

B. Options to Extend.

The Parties may extend the term of the AGREEMENT in two (2) additional three- year increments (“Option Terms”) through June 30, 2032, subject to the appropriation of funds and to any adjustments for compensation as set forth in EXHIBIT B. The Parties shall exercise any Option Terms by executing a Notice of Exercise of Option in the form set forth in EXHIBIT C no less than one hundred and eighty days (180) days prior to the expiration of the Initial Term or 25 Item # C6.

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the expiration of an Option Term, whichever is applicable. All terms and conditions of this AGREEMENT shall remain in full force and effect during any and all Option Terms.

C. Appropriation of Funds.

The Parties’ funding of this AGREEMENT shall be on a fiscal year basis (July 1 to June 30) and is subject to annual appropriations by the City Councils of SAN JOSE and MILPITAS. Accordingly, the Parties agree that the exercise of any option to extend by the Parties is contingent upon the appropriation of funds.

SECTION 3. COMPENSATION.

The rate and schedule of payment to be paid to SAN JOSE is set out in EXHIBIT B, entitled “COMPENSATION,” which is attached hereto and incorporated herein.

SECTION 4. INDEPENDENT CONTRACTOR RELATIONSHIP.

This AGREEMENT shall in no way be construed to constitute SAN JOSE as the partner, legal representative, or employee of MILPITAS or MILPITAS of SAN JOSE for any purpose whatsoever, or as the agent of MILPITAS or SAN JOSE, and neither Party shall act or attempt to act or represent itself directly or by implication as having such status or relationship. The Parties shall have the relationship of independent contractors, and except as specifically provided in this AGREEMENT, each Party shall be solely responsible for all obligations and liabilities pertaining to the business, activities, and facilities of that Party. As an independent contractor, the Parties shall obtain no rights to retirement benefits or other benefits, which accrue, to the Parties’ respective employees, and the Parties hereby expressly waive any claim either of them may have to any such rights.

SECTION 5. ASSIGNABILITY.

SAN JOSE and MILPITAS acknowledge and agree that the expertise and experience of SAN JOSE are material considerations inducing MILPITAS to enter into this AGREEMENT. MILPITAS acknowledges and accepts that a portion of the services 26 Item # C6.

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provided under this AGREEMENT shall be provided by a handler of dead deer a nd livestock, wildlife services, and/or independent veterinary doctors. Neither Party shall assign or transfer any interest in this AGREEMENT, or the performance of any obligations hereunder, other than those services provided by the handler of dead deer and livestock, wildlife services, and/or independent veterinary doctors, without the prior written consent of the other, and any attempt by either of the Parties to assign this AGREEMENT or any rights, duties or obligations arising hereunder shall be void and of no effect.

SECTION 6. INDEMNIFICATION.

In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between the Parties pursuant to Government Code section 895.6, the Parties agree that all losses or liabilities incurred by a Party shall not be shared pro rata as defined in Government Code section 895.6, but instead SAN JOSE and MILPITAS agree that pursuant to Government Code section 895.4, each of the Parties hereto shall fully indemnify and hold each of the other Party, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code section 810.8) occurring by reason of and only to the extent of the negligent acts or omissions or willful misconduct of the indemnifying Party, its officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such Party under this AGREEMENT. No Party, nor any officer, board member, employee or agent thereof shall be responsible to the extent any damage or liability occurs by reason of the negligent acts or omissions or willful misconduct of other Parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such other Parties under this AGREEMENT.

SECTION 7. NONDISCRIMINATION.

The Parties shall not discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, 27 Item # C6.

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disability, ethnicity, or national origin, in connection with or related to the performance of this AGREEMENT.

SECTION 8. TERM AND TERMINATION OF AGREEMENT
A. Termination
This AGREEMENT may be terminated earlier at any time:

1. Upon the written consent of both MILPITAS and SAN JOSE;

2. By either MILPITAS or SAN JOSE immediately upon notice to the other, if the other breaches any material obligation under this AGREEMENT and such breach remains unremedied for at least thirty (30) days following written notice thereof to the breaching Party;

3. Immediately upon written notice by MILPITAS to SAN JOSE if SAN JOSE has a receiver appointed for all or substantial part of its business or assets, if a bankruptcy proceeding is brought by or against SAN JOSE as a debtor, or if SAN JOSE ceases its business operations; or

4. Upon at least one hundred eighty (180) days prior written notice by MILPITAS to SAN JOSE or SAN JOSE to MILPITAS of that Party’s desire to terminate this AGREEMENT. If MILPITAS does not appropriate the full amounts due to SAN JOSE under this AGREEMENT for FY 2023-2024 or on or before June 30 of the year directly preceding the fiscal year for which Animal Services, as defined in EXHIBIT A, are provided by SAN JOSE; then that action shall, as of the same June 30, constitute the start of the 180-day notice of termination of this AGREEMENT by MILPITAS pursuant to this SECTION.

B. Effects of Termination
Upon the effective date of any termination of this AGREEMENT, SAN JOSE’ s obligation to provide Animal Services to MILPITAS under this AGREEMENT shall cease, and MILPITAS’ obligation to make payments hereunder for periods of time after the effective date of termination shall cease, provided that the Parties shall have any and all remedies available under law for any breach of this 28 Item # C6.

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AGREEMENT. The Parties may also elect to negotiate a new agreement for the provision of Animal Services upon the effective date of termination.

C. Termination Costs
In the event MILPITAS elects to terminate this AGREEMENT with SAN JOSE, MILPITAS shall pay SAN JOSE the Contract Amount in EXHIBIT B at a prorated daily rate up to the date of termination.

SECTION 9. GOVERNING LAW.

The Parties agree that the law governing this AGREEMENT shall be that of the State of California.

SECTION 10. COMPLIANCE WITH LAWS.

The Parties shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments.

SECTION 11. CONFIDENTIAL INFORMATION.

All data, documents, discussions or other information developed or received by or for the Parties in performance of this AGREEMENT are confidential and not to be disclosed to any person except as authorized by the Parties, or as required by law.

SECTION 12. WAIVER.

No delay or failure of either Party to exercise or enforce at any time any right or provision of this AGREEMENT shall be considered a waiver thereof or of such Party’s right thereafter to exercise or enforce each and every right and provision of this AGREEMENT. The Parties agree that waiver of any breach or violation of any term or condition of this AGREEMENT shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. The acceptance by MILPITAS of the performance 29 Item # C6.

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of any work or services by SAN JOSE shall not be deemed to be a waiver of any term or condition of this AGREEMENT.

SECTION 13. GIFTS.

A. The Parties are familiar with the prohibition against the acceptance of any gift by an officer or designated employee of SAN JOSE or MILPITAS.

B. SAN JOSE agrees not to offer any MILPITAS officer or designated employee any gift prohibited by MILPITAS. MILPITAS agrees not to offer any SAN JOSE officer or designated employee any gift prohibited by SAN JOSE.

C. The offer or giving of any gift prohibited by SAN JOSE or MILPITAS shall constitute a material breach of the AGREEMENT. In addition to any other remedies the Parties may have in law or equity, the Parties may terminate this AGREEMENT for such breach as provided in SECTION 8 of this AGREEMENT.

SECTION 14. NOTICES.

Any notices or other communications required or permitted to be given under this AGREEMENT shall be in writing and shall be personally served or mailed, postage prepaid and return receipt requested, addressed to the respective Parties as follows:

To SAN JOSE:

San José Animal Care and Services
2750 Monterey Rd
San José, CA 95111

To MILPITAS: City of Milpitas
Building Safety and Housing Department
455 E. Calaveras Blvd
Milpitas, CA 95035

Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit in the mail.

30 Item # C6.

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SECTION 15. VENUE
In the event that suit shall be brought by any Party to this AGREEMENT against another Party, the Parties agree that the venue shall be exclusively vested in the state courts of the State of California, County of Santa Clara, or if federal jurisdiction is appropriate, exclusively in the United States District Court, Northern District of California, San José, California.

SECTION 16. PRIOR AGREEMENTS AND AMENDMENTS.

This AGREEMENT, including all Exhibits attached hereto, represents the entire understanding of the Parties as to those matters contained herein. In the event that the terms specified in any of the Exhibits attached hereto conflict with any of the terms specified in the body of this AGREEMENT, the terms specified in the body of this AGREEMENT shall control. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This AGREEMENT may be modified only by a written amendment duly executed by the Parties to this AGREEMENT.

SECTION 17. INTERPRETATIONS.

In construing or interpreting this AGREEMENT, the word “including” shall not be limiting. The Parties agree that this AGREEMENT shall be fairly interpreted in accordance with its terms without any strict construction in favor of or against either Party.

SECTION 18. INVALID PROVISIONS.

If any provision of this AGREEMENT shall be held illegal, invalid, or unenforceable, in full or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid, and enforceable, and the other provisions of this AGREEMENT shall not be affected thereby.
31 Item # C6.

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SECTION 19. FURTHER DOCUMENTS.

The Parties agree, upon request, to sign and deliver such other documents as may be reasonably required to carry out the intent and provision of this AGREEMENT.

SECTION 20. COUNTERPART EXECUTION.

This AGREEMENT may be executed in any number of counterparts and by each Party in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute one and the same instrument.

SECTION 21. USE OF ELECTRONIC SIGNATURES.

Unless otherwise prohibited by law or SAN JOSE policy, the Parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a writing as set forth in Evidence Code Section 1550. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by SAN JOSE.

32 Item # C6.

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WITNESS THE EXECUTION HEREOF on the day and year first hereinabove written.

APPROVED AS TO FORM:

_______________________________

MICHAEL MUTALIPASSI
City Attorney

CITY OF MILPITAS, a municipal
corporation

By ______________________________
STEVEN G. MCHARRIS
City Manager

APPROVED AS TO FORM:

_________________________________

ARLENE SILVA
Senior Deputy City Attorney

CITY OF SAN JOSE, a municipal
corporation

By ______________________________

SARAH ZARATE
Director, Office of the City Manager

33 Item # C6.

T-3052/1980993 A-1

EXHIBIT A

SCOPE OF SERVICES

For the consideration set forth herein, SAN JOSE shall provide to MILPITAS the Field Services, Shelter Services, and Dead Animal Services as described in this AGREEMENT. These three categories of service are sometimes collectively referred to herein as the “Animal Services,” and each category of services is sometimes hereinafter referred to as a “Program Unit.” Calls for animal-related services which are not provided by SAN JOSE shall be referred by SAN JOSE to the appropriate code enforcement agency of MILPITAS, either in writing or by electronic mail. The Animal Services shall be provided by SAN JOSE in accordance with all applicable federal, state and local laws and ordinances.

SECTION 1. DEFINITIONS
A. “Aggressive Bite” means a bite which punctures the skin or tissue of a human or another animal.

B. “Critically Sick or Injured Animals” means those animals that have life-threatening conditions.

C. “Dangerous Animal” means any animal which, because of its size, disposition or other characteristics, would constitute a danger to humans or other domestic animals, and includes any dog classified as a Level 3, 4, or 5 dangerous or potentially dangerous dog as defined in the Milpitas Municipal Code Chapter 210, or, any dog that is the perpetrator of an unprovoked bite or attack on humans or other domestic animals as documented in an Incident Report by San José Animal Care and Services or the Milpitas Police Department.

D. “Emergency Calls” means complaints of animal bites or attacks on humans or domestic animals that are in progress, or, where a bite or attack has occurred, where the animal remains an immediate threat to humans.

E. “Holidays” are New Year’s Eve, New Year’s Day, Easter Sunday, Memorial Day, July 4, Labor Day, Thanksgiving, Christmas Day, and the day before and the day after Christmas Day.
34 Item # C6.

T-3052/1980993 A-2
F. “Livestock” means large domesticated agricultural animals, such as a cow, bull, steer, horse, sheep, goat, pig or other large agricultural animals.

G. “Physical Injury” means an injury suffered as the result of an attack by a dog, including, but not limited to falls, sprains, broken bones, blunt trauma, contusions, hematomas, or other injuries.

H. “Serious Injury” means any physical injury to a human being that results in muscle tears or disfiguring lacerations, or requires multiple sutures or corrective or cosmetic surgery.

SECTION 2. FIELD SERVICES
A. Field Services
SAN JOSE shall provide vehicles, communications equipment, office supplies, field and administrative personnel, and any other personnel, supplies and equipment, reasonably required to perform the following services (the “Field Services”) upon a request or complaint from MILPITAS or from a person within the bou ndaries of MILPITAS:

1. Pick up of stray dogs, and other small domestic animals, including rabbits, chickens, turkey, geese, and ducks, and excluding confined wildlife as defined in Section 711.2 of the California Fish and Game Code, such as opossums, raccoons, skunks, or squirrels, that have been confined by MILPITAS or by a person within the boundaries of MILPITAS;

2. Pick up of dead animals, including wildlife, in accordance with SECTION 4;

3. Pick up of injured stray dogs or cats and other small domestic animals, without regard to weight, excluding birds, and injured wildlife that weigh fifty pounds (50 lbs.) or less, that are located on public property or readily accessible on private property with the consent of the property owner or the property owner’s authorized agent;

4. Response to Emergency Calls;

5. Investigate complaints of animal bites or attacks on humans or other domestic animals, including the preparation of a report, interviewing the parties involved, quarantining animals which have bitten humans, preparing and transporting 35 Item # C6.

T-3052/1980993 A-3
biting animals for rabies testing, and investigating alleged violations of a quarantine order. An incident report is to be provided to the designated appropriate MILPITAS Code Enforcement official within five (5) business days of the incident, including licensing information for the subject animal(s). a) SAN JOSE will meet and conduct a personal interview(s) with the owner in order to complete the investigation and quarantine the animal as necessary.

6. Investigate and refer complaints of Dangerous or Potentially Dangerous Dogs to the appropriate Code Enforcement official in MILPITAS for resolution.

Investigations shall include preparation of a report and may include interviewing the parties involved, and collecting available historical data;

7. Investigate and refer complaints of Dangerous Animals to the appropriate Code Enforcement official in MILPITAS for resolution. Investigations shall include taking a report and may include interviewing the parties involved, and collecting available historical data;

8. Respond to complaints of dogs running at large, attempt to capture them, and provide follow-up patrol if appropriate and subject to the availability of SAN JOSE staff;

9. Respond to complaints in progress of domestic animals causing a nuisance, except domestic animals making noise, and provide follow-up patrol if appropriate and subject to the availability of SAN JOSE staff;

10. Respond to police assist calls on animal-related issues which may include taking control of an animal on the scene; and

11. Investigate and refer to the appropriate Code Enforcement official in MILPITAS for resolution of complaints regarding the lack of proper care, condition, or attention of domestic animals by their owners.

B. Response Time Performance Standards

1. SAN JOSE shall make all good faith efforts to respond to complaints and requests received by SAN JOSE at a performance standard level that is no less than the following:
36 Item # C6.

T-3052/1980993 A-4
a) PRIORITY 1 – Response to Emergency, Police Assist, Dangerous Animal, and Critically Sick or Injured Animal calls for assistance.

1.) Response shall be twenty-four (24) hours per day, seven (7) days per week. Eighty-five percent (85%) of responses on all PRIORITY 1 calls shall occur within one (1) hour or less from the time the call for service is received by SAN JOSE staff to the time SAN JOSE personnel arrive on the scene.
b) PRIORITY 2 – Pick up animals that were running at large and that are now confined by MILPITAS or by a person within the boundaries of MILPITAS and calls regarding urgent, but not immediately life threatening animal-related requests for assistance.

1.) Eighty percent (80%) of responses on all PRIORITY 2 calls received between 7:00 a.m. and 5:00 p.m. shall be within six (6) hours or less from the time the call for service is received by SAN JOSE staff to the time SAN JOSE personnel arrive on the scene.

2.) Response to calls received between the hours of 5:00 p.m. and 7:00 a.m. shall be responded to no later than 7:00 p.m. the following day. c) PRIORITY 3 – Response to calls relating to non-emergency attacks, non- critically injured or sick animals, quarantine calls, animals running at large, animals causing a nuisance and pick up of dead animals.

1.) Seventy-five percent (75%) of responses on all PRIORITY 3 calls received between 7:00 a.m. and 5:00 p.m. shall be within twelve (12) hours or less from the time the call for service is received by SAN JOSE staff to the tim e SAN JOSE personnel arrive on the scene.

2.) Response to calls received between the hours of 5:00 p.m. and 7:00 a.m. shall be responded to no later than 11:00 p.m. the following day.

3.) Response to these complaints will only be after PRIORITY 1 and 2 complaints are met for MILPITAS. Responding to these complaints may include taking a report, contacting parties and witnesses by telephone, or dispatching personnel to the scene.

37 Item # C6.

T-3052/1980993 A-5
C. Response After Business Hours
Between the hours of 5:00 p.m. and 7:00 a.m., SAN J OSE shall be required to respond to PRIORITY 1 calls only. The hours between 5:00 p.m. and 7:00 a.m. shall not be included in calculating the response time length for PRIORITY 2 and 3 calls when including these hours would result in a failure by SAN JOSE to meet the performance standards set forth above.

D. Operating Schedules

1. SAN JOSE shall be required to respond to all complaints and requests in accordance with SECTION 2.B. and SECTION 2.C., except SAN JOSE shall respond only to PRIORITY 1 calls on Sundays.

2. Except with respect to PRIORITY 1 calls, SAN JOSE shall have no obligation to respond on Holidays or outside of the regularly scheduled shift hours of SAN JOSE. SAN JOSE shall respond to PRIORITY 1 calls twenty-four (24) hours per day, every day, including all Holidays.

E. Excluded Services
While SAN JOSE may already perform some of the following services under other authority, the following services are not included in the services to be provided by SAN JOSE under this AGREEMENT:

1. Removal and disposal of dead marine animals;

2. Pick up and transportation of uninjured or healthy, living wildlife;

3. Pick up of alive or dead animals for surrender at an owner’s request. SAN JOSE may provide these services and charge a fee therefore as a part of its operations separate and apart from this AGREEMENT;

4. Issuance of citations for violations in accordance with MILPITAS ordinances;

5. Investigation and resolution of activities that may be criminal in nature, such as neglect, cruelty, and animal fighting, including the preparation of documents for criminal prosecution by the District Attorney’s office and testifying in court;

6. Permitting or inspection of events with animals; and

7. Investigation of complaints that only relate to domestic animals making noise. 38 Item # C6.

T-3052/1980993 A-6

SECTION 3. SHELTER SERVICES
A. Shelter Services
SAN JOSE shall provide or under contract provide shelter facilities, supplies, animal attendants, supervisors and administrative personnel, and any other personnel, supplies and equipment, reasonably required to perform the following services (“Shelter Services”):

1. Shelter of abandoned, impounded, lost or stray domestic animals brought to the shelter by MILPITAS, its residents, or SAN JOSE personnel;

2. Quarantine of biting animals;

3. Rabies testing of suspect animals;

4. Provision for reclaim of abandoned, lost or stray domestic animals during established business hours; and

5. Euthanization and disposal of abandoned, lost, impounded, or stray domestic animals that are unclaimed by their owners and fail to meet the written health and temperament standards of San José Animal Care and Services.

B. Medical Services
As part of the Shelter Services, SAN JOSE shall provide or under contract provide office facilities, supplies, and professional and trained personnel, employed or under contract, necessary to perform the following services (“Medical Services”):

1. Provision of veterinarian services twenty-four (24) hours per day to treat and provide veterinarian care to stray, injured, or sick dogs, cats, and other impounded animals;

2. Monitor quarantined animals;

3. For a fee conduct vaccination clinics and have available, free of charge to the public, rabies control information; and

4. For a fee at the same rate established for San José residents, provide access to the SAN JOSE low cost spay and neuter clinic, if such a clinic is made available to San Jose residents.

39 Item # C6.

T-3052/1980993 A-7
C. Operating Schedules
SAN JOSE shall provide or under contract shall provide Shelter Services for the animals twenty-four (24) hours a day, seven (7) days a week. SAN JOSE shall provide or under contract provide emergency veterinary services in accordance with Section 597 (f) of the California Penal Code.

SECTION 4. DEAD ANIMAL SERVICES
SAN JOSE shall provide or under contract provide vehicles, storage facilities, disposal mechanisms, field and administrative personnel, and any other personnel, supplies and equipment reasonably required to perform the following services (“Dead Animal Services”):

1. Pick up of dead animals, including wildlife and except livestock, from streets and public property within MILPITAS, or from private property within MILPITAS with the consent of the property owner, or the property owner’s authorized agent in accordance with SECTION 2.B.1.(c);

2. Identification of and notification to the owner of the dead animal, whenever possible; and

3. Disposal of the body of the dead animal.

SECTION 5. RECORDS REGARDING ANIMAL SERVICES
A. Monthly Report
SAN JOSE shall deliver to MILPITAS during the term of this AGREEMENT, and within thirty (30) days of the end of each month, a monthly Animal Control and Impound Report summarizing monthly and year-to-date services provided by SAN JOSE for MILPITAS. This report shall include, but not be limited to, the following information:

1. The total number of calls for service provided by SAN JOSE under this AGREEMENT, separated by type of service call established by SAN JOSE, so long as the numbers for the different types of PRIORITY service calls are each shown separately and as a subgroup;

2. Field Services Calls
40 Item # C6.

T-3052/1980993 A-8
a) Complaints relating to animal bites or attacks, including property address. b) Complaints relating to Dangerous or Potentially Dangerous Dogs, including property address.

B. Additional Reporting
SAN JOSE shall deliver to MILPITAS during the term of this AGREEMENT, and within thirty (30) days of the end of each quarter, a report summarizing monthly and quarterly response times provided by SAN JOSE for MILPITAS. This report shall include, but not be limited to, the following information:

1. Monthly Response Times:
a) The average response time, the shortest and longest response times for calls in each of the following PRIORITIES. For PRIORITY 1, 2 and 3 calls, SAN JOSE shall report average response times, and shortest and longest response times by each type of call within that priority. b) Response times for PRIORITY 1 calls shall be in minutes, rounded off to the nearest minute. Response times for PRIORITY 2 calls shall be in hours and minutes, rounded off to the nearest minute. Response times for PRIORITY 3 calls shall be in hours, rounded off to the nearest hour. c) The percentage of calls grouped by PRIORITY 1, 2, and 3, that met the response time performance standards, along with the total number of responses in each priority category.

2. Other Reports, as determined by MILPITAS.

SECTION 6. OTHER RESPONSIBILITIES
A. Delivery of Animals to SAN JOSE
Animals to be impounded by SAN JOSE that are taken into custody by MILPITAS shall be promptly delivered to SAN JOSE’s shelter or held in a humane way at a designated holding area until such animals can be picked up by SAN JOSE; provided however, that any such animal may be reclaimed as appropriate, from MILPITAS by its owner.

41 Item # C6.

T-3052/1980993 A-9
B. Responsibility for Administrative Hearings
SAN JOSE shall not be responsible for nor bear the costs of scheduling and conducting any required hearings regarding Dangerous or Potentially Dangerous Dogs. If needed or appropriate, SAN JOSE personnel shall appear at any such hearing at no additional cost to MILPITAS.

C. Licensing
SAN JOSE shall maintain a license database and administer license processing, issuance, and renewals on behalf of MILPITAS. Licensing information shall be included on all Incident Reports and, additionally, provided to MILPITAS on an as requested basis. SAN JOSE shall collect all associated license fees on behalf of MILPITAS, at the fee amounts set by MILPITAS. Any license fees or late fees collected from dog and cat owners in MILPITAS shall be remitted to MILPITAS on a monthly basis.
42 Item # C6.

T-3052/1980993 B-1

EXHIBIT B

COMPENSATION

A. Payment Amounts
For all Animal Services to be provided by and for the performance of all other obligations of SAN JOSE to MILPITAS under this AGREEMENT, MILPITAS agrees to pay SAN JOSE after the execution of this AGREEMENT the sum of Five Hundred Thirty Thousand Four Hundred Dollars ($530,400) for the period of July 1, 2023 through June 30, 2024 per the payment schedule below . Thereafter, the annual Contract Amount shall increase by four percent (4%) each fiscal year, subject to the appropriation of funds and the execution of a Notice of Exercise of Option to Extend Term in the form of Exhibit C, as follows:

INITIAL TERM YEARLY COMPENSATION
July 1, 2023 through June 30, 2024 $530,400.00
July 1, 2024 through June 30, 2025 $551,616.00
July 1, 2025 through June 30, 2026 $573,680.64

1ST OPTION TERM YEARLY COMPENSATION
July 1, 2026 through June 30, 2027 $596,627.86
July 1, 2027 through June 30, 2028 $620,492.97
July 1, 2028 through June 30, 2029 $645,312.68

2ND OPTION TERM YEARLY COMPENSATION
July 1, 2029 through June 30, 2030 $671,125.18
July 1, 2030 through June 30, 2031 $697,970.18
July 1, 2031 through June 30, 2032 $725,888.98

B. Payment Schedule
MLPITAS shall pay SAN JOSE the Contract Amount in twelve (12) monthly installments each fiscal year. All monthly installment payments by MILPITAS shall 43 Item # C6.

T-3052/1980993 B-2
be due and payable on the first day of the month and shall be delinquent on the tenth (10th) business day thereafter without demand or notice to MILPITAS. SAN JOSE will provide MILPITAS an invoice in advance at least fourteen (14) calendar days before the date that the payment is due.

44 Item # C6.

T-3052/1980993 C-1

EXHIBIT C

NOTICE OF EXERCISE OF OPTION TO EXTEND AGREEMENT

AGREEMENT TITLE
and DATE:

AGREEMENT FOR ANIMAL SERVICES BETWEEN THE CITY

OF SAN JOSE AND THE CITY OF MILPITAS

DATE: _______________

PARTIES
Name and Address:

CITY OF SAN JOSE (“SAN JOSE”)
San José Animal Care and Services
ATTN: ______________
2750 Monterey Rd
San José, CA 95111

CITY OF MILPITAS (“MILPITAS”)
Building Safety and Housing Department
ATTN: ______________
455 E. Calaveras Blvd
Milpitas, CA 95035

DATE OF OPTION:

(date the notice is sent must be consistent with the time for exercise set forth in Agreement)

Pursuant to Section 2 of the Agreement referenced above, the Parties hereby exercise the option to extend the term under the following provisions:

OPTION NO. ___ of 2

NEW OPTION TERM
Begin date:

End date:

MAXIMUM COMPENSATION for New Option Term:

TOTAL MAXIMUM COMPENSATION:

For the option term exercised by this Notice, MILPITAS shall pay SAN JOSE an amount not to exceed the amount set forth above for SAN JOSE’s services and reimbursable expenses, if any. The undersigned signing on behalf of MILPITAS hereby certifies that an unexpended appropriation is available for the term exercised by this Notice, and that funds are available as of the date of this signature.

45 Item # C6.

T-3052/1980993 C-2

CITY OF SAN JOSE,
a municipal corporation

By_______________________________
Name:

Title:

CITY OF MILPITAS,
a municipal corporation

By_______________________________
Name:

Title:

46 Item # C6.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Adopt a Resolution Releasing Unclaimed Checks with a Value less than $15 in the aggregate amount of $655.27 (Staff Contact: Lauren Lai, Finance Director/Risk Manager, 408-586-3111)
Category: Consent Calendar-Leadership and Support Services Meeting Date: 4/4/2023
Recommendation: Adopt a resolution releasing Unclaimed Checks with a value less than $15 and Transfer a total of $655.27 in Unclaimed Checks to the General Fund.

BACKGROUND:

According to the City of Milpitas’ Standard Operating Procedure (SOP) No. 26-1, which conforms with California Government Code Section 50055, unclaimed checks, and credits of less than $15, or any amount if the depositor’s name is unknown, which remain unclaimed for more than one year may be transferred to the General Fund by authorization of the City Council.

ANALYSIS:

The City has 26 unclaimed checks of less than $15 in the aggregate amount of $655.27 related to Refund of overpayment of Business License or Recreation Activity Fees on classes offered by Recreation Community Services Department. All the funds listed in Exhibit A of the attached resolution are older than February 2022 and remained unclaimed for more than one year. Consistent with SOP No. 26-1, staff recommends that Council adopt a resolution authorizing the transfer of the unclaimed checks amount to the General Fund.

POLICY ALTERNATIVE(S):

Alternative 1: Do not approve the proposed recommendation to release Unclaimed Checks.

Pros: None
Cons: Non-compliance with the City of Milpitas’ Standard Operating Procedure (SOP) No. 26-1, which in turn conforms with California Government Code Section 50055.

Reason for Not Recommending: Considering the transfer to the General Fund of the Unclaimed Checks which remain unclaimed for more than one year is in accordance with the City of Milpitas’ Standard Operating Procedure (SOP) No. 26-1, which conforms with California Government Code Section 50055.

FISCAL IMPACT:

The recommended action will increase the General Fund revenues by $655.27 in FY22-23.

California Environmental Quality Act (CEQA):

The action being considered is exempt from environmental review pursuant to CEQA Guideline 15378(b)(4) as a governmental fiscal activity without a commitment to any project that would result in a potentially significant impact on the environment.

RECOMMENDATION:

Adopt a Resolution Releasing Unclaimed Checks with a Value less than $15 and Transfer a total of $655.27 in Unclaimed Checks to the General Fund.

Attachment(s):

Resolution; Exhibit A – Finance Operation Accounts Unclaimed Checks of less than $15 and one year or older

47 Item # C8.

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MILPITAS

RELEASING UNCLAIMED CHECKS AND CREDITS

WHEREAS, the checks and credits on the list attached hereto as Exhibit A have been outstanding and unclaimed for more than one year; and

WHEREAS, the amounts on the checks and credits on the list attached hereto as Exhibit A are each less than $15, or are checks forwhich the depositor’s name is unknown.

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 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 total amount of $655.27 of the unclaimed checks on the list attached hereto as Exhibit A shall be transferred to the General Fund in FY22-23, in accordance with Section 50055 of the California Government Code.

PASSED AND ADOPTED this on ______ 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 Mutalipassi, City Attorney
48 Item # C8.

CHECK NO.

DATE
AMOUNT
CHECK NO.

DATE
AMOUNT
1770
2/7/2019

7.76 $

401198
9/24/2021

13.00 $

1885
2/7/2019

7.76 $

401657
10/29/2021

10.00 $

1765
2/5/2019

7.76 $

401860
11/12/2021

9.77 $

1995
2/7/2019

7.76 $

403022
2/4/2022

4.00 $

1879
2/7/2019

7.76 $

403030
2/4/2022

7.26 $

1919
2/7/2019

7.76 $

403010
2/4/2022

8.77 $

1992
2/7/2019

7.76 $

403012
2/4/2022

9.37 $

1844
2/7/2019

7.76 $

403255
2/11/2022

4.00 $

1761
2/5/2019

7.76 $

403149
2/11/2022

10.00 $

1821
2/7/2019

7.76 $

403156
2/11/2022

10.00 $

1836
2/7/2019

7.76 $

403173
2/11/2022

10.00 $

1831
2/7/2019

7.76 $

403414
2/18/2022

5.50 $

1762
2/5/2019

7.76 $

403451
2/18/2022

6.92 $

1983
2/7/2019

7.76 $

403447
2/18/2022

7.50 $

1838
2/7/2019

7.76 $

403486
2/18/2022

8.00 $

1985
2/7/2019

7.76 $

403438
2/18/2022

8.59 $

1783
2/7/2019

7.76 $

403346
2/18/2022

8.64 $

1789
2/7/2019

7.76 $

403326
2/18/2022

10.00 $

1723
2/5/2019

7.76 $

403459
2/18/2022

11.50 $

1965
2/7/2019

7.76 $

403373
2/18/2022

12.00 $

1719
2/5/2019

7.76 $

403395
2/18/2022

12.27 $

1841
2/7/2019

7.76 $

403446
2/18/2022

12.27 $

1933
2/7/2019

7.76 $

403547
2/18/2022

12.27 $

1778
2/7/2019

7.76 $

403548
2/18/2022

12.27 $

1989
2/7/2019

7.76 $

403391
2/18/2022

13.07 $

1812
2/7/2019

7.76 $

403530
2/18/2022

14.77 $

1988
2/7/2019

7.76 $

1803
2/7/2019

7.76 $

1869
2/7/2019

7.76 $

1848
2/7/2019

7.76 $

1930
2/7/2019

7.76 $

1957
2/7/2019

7.76 $

1846
2/7/2019

7.76 $

1932
2/7/2019

7.76 $

1975
2/7/2019

7.76 $

1922
2/7/2019

7.76 $

1780
2/7/2019

7.76 $

1774
2/7/2019

7.76 $

1903
2/7/2019

7.76 $

1986
2/7/2019

7.76 $

1864
2/7/2019

7.76 $

1826
2/7/2019

7.76 $

1835
2/7/2019

7.76 $

1976
2/7/2019

7.76 $

1937
2/7/2019

7.76 $

1767
2/5/2019

7.76 $

1967
2/7/2019

7.76 $

1924
2/7/2019

7.76 $

1764
2/5/2019

7.76 $

1901
2/7/2019

7.76 $

1920
2/7/2019

7.76 $

1842
2/7/2019

7.76 $

403.53
$

251.74
$

GRAND TOTAL
655.27
$

SUBTOTAL:

SUBTOTAL:

Exhibit A

FINANCE OPERATION ACCOUNTS

UNCLAIMED CHECKS
- Amount Less Than $15.00
- No Later than February 2022
49 Item # C8.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Approve an Amendment to the Professional Services Agreement with WeHOPE for Mobile Shower and Laundry Services to Add Additional Funding in the Amount of $10,000.00, with a Total Not to Exceed Contract Amount of $96,552.00 (Staff Contact: Alex Andrade, Director of Economic Development, 408-586-3046; and Robert Musallam, Housing and Neighborhood Services Administrator, 408-586- 3275)
Category: Consent Calendar-Community Development
Meeting Date: 4/4/2022
Recommendation: Approve an amendment to the professional services agreement with WeHOPE for Mobile Shower and Laundry Services to add additional funding in the amount of $10,000.00, with a total not to exceed contract amount of $96,552.00.

BACKGROUND:

In fall 2020, in accordance with City Council direction, staff conducted extensive research and explored homeless outreach and basic needs services that may improve quality of life for Milpitas unhoused residents.

WeHOPE is a nonprofit agency based in Santa Clara County that offers various services to meet the needs of the unhoused. Dignity on Wheels is a program managed by WeHOPE. The Dignity on Wheels program provides a mobile trailer with shower, laundry, and restroom. Additionally, staff worked with the County’s Homeless Engagement and Access Team to provide case management services to further connect clients with a countywide network of services. At each session, WeHOPE provides supplies that include towels, laundry pods, hair and body wash, and hygiene kits. Often there are clothing donations available as well.

On December 1, 2020, City Council directed staff to implement a six-month pilot program with the nonprofit service provider, WeHOPE, to provide weekly hot shower and laundry services for unhoused residents in Milpitas. The program cost was $21,372 and was funded by the California Board of State and Community Corrections grant funding from the Milpitas Police Department (Attachment 1).

WeHOPE began providing mobile shower and laundry services from 11:00 AM – 3:30 PM every Sunday starting March 21, 2021, on the Winsor Street site, located immediately south of the Milpitas Library. Staff provided reports during the six-month pilot shower and laundry services program as part of the monthly report to City Council on unhoused services. On September 7, 2021, City Council amended the contract in the amount of $50,180, to allow for fifty-two additional sessions of services and extended the term of the contract through September 25, 2022 (Attachment 2). On September 6, 2022, City Council issued a second amendment in the amount of $15,000, with a total-not-to exceed amount of $86,552. The current agreement has an expiration date of June 30, 2023 (Attachment 3).

ANALYSIS:

From March 2021 through December 2022, WeHOPE has provided 91 sessions to the unhoused community, serving over 754 clients, totaling 1,601 showers and 567 loads of laundry. Staff provides information on these outcomes to Council on a quarterly basis. In addition to shower and laundry, clients have benefited from services provided by WeHOPE including dispersing hygiene kits, clothing, snack bags, case management and/or supportive services, and assessments with the County’s Homeless Engagement and Access Team.

During the Fiscal Year 2022-2023 budget discussions, additional funding was not added to the mobile shower and laundry services program. However, in March 2022, the City requested support of one-time funding as part of the Fiscal Year 2022-2023 State budget through Assemblymember Alex Lee’s Office. As part of the request, 50 Item # C9.

the allocation seeks to support the continuation and expansion of the City’s mobile shower and laundry services, for a period of 3 years ($300,000).

In fall 2022, the City received notification of the award of state funding, through Assemblymember Lee’s Office, in the amount of $1.5 million for housing related programs and services, including $300,000 for this program.

This funding will be incorporated in the Proposed Fiscal Year 2023-2024 Budget. In the interim, additional funding in the amount of $10,000 from the California Board of State and Community Corrections Grant will be used to bridge the funding need through the end of this fiscal year as there is $14,000 of unused California Board of State and Community Corrections Grant funding. The total-not-to exceed amount of the contract would be $96,552 (Attachment 4).

FISCAL IMPACT:

If Council approves the recommendation, $10,000 would be allocated from the California Board of State and Community Corrections grant to fund the mobile shower and laundry services for the remainder of this fiscal year.

California Environmental Quality Act (CEQA):

The recommendations have no potential for causing a significant effect on the environment and are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3).

Further, the recommendations are also exempt under CEQA Guideline 15301 if the City Council decides to continue Dignity on Wheels mobile shower and laundry services as the proposed services by WeHOPE it would likely be placed in an existing City facility, and/or CEQA Guideline 15311 as an accessory structure to an existing City facility. Each Guideline referenced above shall serve as an independent basis to determine the activity is exempt from CEQA.

RECOMMENDATION:

Approve an Amendment to the Professional Services Agreement with WeHOPE for Mobile Shower and Laundry Services to Add Additional Funding in the Amount of $10,000, with a Total Not to Exceed Contract Amount of $96,552

Attachment(s):

1. Professional Services Agreement with WeHOPE

2. Amendment No. 1 to Professional Services Agreement with WeHOPE

3. Amendment No. 2 to Professional Services Agreement with WeHOPE

4. Amendment No. 3 to Professional Services Agreement with WeHOPE 51 Item # C9.

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CITY OF MILPITAS

PROFESSIONAL SERVICES AGREEMENT

This Agreement is made and entered into as of February 12 , 20 21 (“Effective Date”) by and between the City of Milpitas, a municipal corporation organized and operating under the laws of the State of California with its principal place of business at 455 E. Calaveras Boulevard, Milpitas, California 95035 (“City”), and WeHOPE Inc., a non-profit corporation with its principal place of business at 1854 Bay Road, East Palo Alto, CA 94303 (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

Mobile shower, laundry, and case management services for unhoused residents (hereinafter referred to as “the Project”).

B. Consultant is duly licensed and has the necessary qualifications to provide such services.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Servi ces attached hereto as Exhibit A.

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit B.
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $21,372. This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within thirty (30) days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be pro cessed in the following manner: a letter outlining the changes shall be forw arded to the City by Consultant with a statement of estimated ch anges in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in DocuSign Envelope ID: 92846916-7EBC-4E36-A352-6E108F71EBA8 52 Item # C9.

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the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

4. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the Agreement term and for four (4) years from the date of final payment under the Agreement for inspection by City.

5. Time of Performance.

The term of this Agreement shall begin on the “Effective Date” and run until twenty-six sessions have been provided unless terminated earlier as provided herein. The City reserves the right to review the Consultant’s performance after three months and cancel all or part of the Agreement. Specific milestones for performance are included in the “Activity Schedule” attached as Exhibit C.

6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable contr ol of the non -performing party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riot s and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint. b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, g ive written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

8. Standard of Care
Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

9. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to DocuSign Envelope ID: 92846916-7EBC-4E36-A352-6E108F71EBA8 53 Item # C9.

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so assign or so transfer without such consent shall be void and without legal effect and shall cons titute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

10. Independent Consultant
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.

11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under Exhibit D (Insurance Requirements), attached hereto and incorporated herein by this refe rence. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required therein.

12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and oth er related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obli gation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liab ility for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

13. California Labor Code Requirements.
a. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is One Thousand Dollars and Zero Cents ($1,000.00) or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code DocuSign Envelope ID: 92846916-7EBC-4E36-A352-6E108F71EBA8 54 Item # C9.

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Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1) . The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
b. If the services are being performed as p art of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Depar tment of Industrial Relations.

Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
c. This Agreement may also be subject to compliance monitoring and enforcement by the Department of In dustrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requireme nts. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that af fect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

14. Verification of Employment Eligibility.

By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

15. City Material Requirements.
[RESERVED]

16. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Santa Clara, State of California. 17 Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work com pleted and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for DocuSign Envelope ID: 92846916-7EBC-4E36-A352-6E108F71EBA8 55 Item # C9.

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which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide furthe r services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant. c. The C onsultant understands and accepts that at all times; the Agreement is subject to appropriation of funds by the Milpitas City Council. The Agreement may terminate without penalty, liability or expense of any kind to the City at the end of Agreement term. The City has no obligati on to make appropriations for the Agreement in lieu of appropriations for new or other contracts. City budget decisions are subject to the discretion of the Mayor and City Council. Consultant’s assumption of risk of possible non-appropriation is a part of the consideration for the Agreement. This section controls against any and all other provisions of the Agreement.
18 Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Sp ecifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

19. Organization
Consultant shall assign Anita Blount as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

20. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.

21. Notice

Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY:

City of Milpitas
455 E. Calaveras Boulevard
Milpitas, California 95035
Attn: Robert Musallam
CONSULTANT:

WeHOPE Inc.
1854 Bay Road
East Palo Alto, CA 94303
Attn: Thomas J. Clark, Jr.

and shall be effective upon receipt thereof.

DocuSign Envelope ID: 92846916-7EBC-4E36-A352-6E108F71EBA8 56 Item # C9.

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22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

23. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non -discrimination shall include, but not be limit ed to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to th ose matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.

25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.

26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties o r obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

28. Time of Essence
Time is of the essence for each and every provision of this Agreement.

29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

30. Prohibited Interests
DocuSign Envelope ID: 92846916-7EBC-4E36-A352-6E108F71EBA8 57 Item # C9.

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Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the awar d or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, duri ng the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

31. Wage Theft Prevention
a. Consultant, and any subconsultant it employs to complete wo rk under this Agreement, shall comply with all applicable federal, state and local wage and hour laws. Applicable laws may include, but are not limited to, the Federal Fair Labor Standards Act, the California Labor Code and the Milpitas Minimum Wage Ordinance.
b. BY SIGNING THIS AGREEMENT, CONSULTANT AFFIRMS THAT IT HAS

DISCLOSED ANY FINAL JUDGMENTS, DECISIONS OR ORDERS FROM A COURT OR INVESTIGATORY GOVERNMENT AGENCY, FINDING IN THE FIVE (5) YEARS PRIOR TO

EXECUTING THIS AGREEMENT THAT CONSULTANT OR ITS SUB CONSULTANTS HAS VIOLATED ANY APPLICABLE WAGE AND HOUR LAWS. CONSULTANT FURTHER AFFIRMS

THAT IT OR ITS SUBCONSULTANT(S) HAS EITHER FULLY SATISFIED EACH JUDGMENT,

DECISION OR ORDER, OR, IF ANY JUDGMENT, DECISION OR ORDER HAS NOT BEEN FULLY

SATISFIED, CONSULTANT AFFIRMS THAT IT OR ITS SUBCONSULTANT(S) IS CURRENTLY

SATISFYING SAID JUDGMENT, DECISION OR ORDER THROUGH A PAYMENT OR

ALTERNATIVE PLAN APPROVED BY THE APPLICABLE COURT/GOVERNMENT AGENCY

AND THAT CONSULTANT OR ITS SUBCONSULTANT(S) ARE IN COMPLIANCE WIT H SAID PLAN AS OF THE DATE OF EXECUTING THIS AGREEMENT.
c. If at any time during the term of this Agreement, a court or investigatory government agency issues a final judgment, decision or order finding that Consultant or a subconsultant it employs to perf orm work under this Agreement has violated any applicable wage and hour law, or Consultant learns of such a judgment, decision, or order that was not previously disclosed in its bid/proposal, Consultant shall inform the City no more than fifteen (15) calen dar days after the judgment, decision or order becomes final or from the date of learning of the final judgment, decision or order.

Consultant or its subconsultant(s) shall, within thirty (30) calendar days after notifying the City, either (i) fully satisfy any such judgment, decision, or order and provide the City with documentary evidence of satisfying said judgment, decision or order; or (ii) provide the City documentary evidence of a payment or other alternative plan approved by the court/government agency to satisfy the judgment, decision or order.

If the Consultant or its subconsultant is subject to a payment or other alternative plan, the Consultant or its subconsultant shall continue to submit documentary evidence every thirty (30) calendar days duri ng the term of the Agreement demonstrating continued compliance with the plan until the judgment, decision or order has been fully satisfied.
d. For purposes of this Section, a "final judgment, decision, or order" refers to one for which all appeals have been exhausted or the time period to appeal has expired. Relevant investigatory government agencies include: the United States Department of Labor, the California Division of Labor Standards Enforcement, the City, or any other governmental entity or division tasked with the investigation and enforcement of wage and hour laws.

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e. Failure to comply with any part of this Section constitutes a material breach of this Agreement. Such breach may serve as a basis for immediate termination of this Agreement and/or any other remedies available under this Agreement and/or law.
f. Notice provided to the City shall be addressed to: Attention: Finance Director, 455 E. Calaveras Blvd. Milpitas, CA 95035. The Notice provisions of this Section are separate from any other notice provisions in this Agreement and, accordingly, only notice provided to the above address satisfies the notice requirements in this Section.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF MILPITAS
AND WEHOPE INC.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF MILPITAS
Approved By:

Steven G. McHarris, City Manager

Date

Approved As To Form:

Christopher J. Diaz, City Attorney

Approved:

Walter C. Rossmann, Risk Manager/Director
of Finance

Approved As To Content:

Sharon Goei, Director of Building Safety and
Housing

WeHOPE Inc.

Signature

Name

Title

Date

DIR Registration Number (If Applicable)

DocuSign Envelope ID: 92846916-7EBC-4E36-A352-6E108F71EBA8 Paul Bains
President
Feb-10-2021
Feb-16-2021
60 Item # C9.

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EXHIBIT A
Scope of Services

Description of the Project:

WeHOPE Inc. will implement Dignity on Wheels to provide mobile shower, laundry, and case management services to homeless and unsheltered persons in Milpitas. Operating one day per week at a single site in Milpitas, WeHOPE Inc. will provide drop-in shower services for up to 42 clients and drop-in laundry services of up to 16 single loads of laundry per four-hour session. WeHOPE Inc. commits to provide twenty-six sessions under this agreement. Each session will consist of one six-hour session in either the morning or afternoon hours. Clients will be served for four hours during each session as there will be two hours dedicated for set-up and shut-down.

Clients requesting a shower will receive a provisional towel and bathmat, which must be returned after use. Shower clients will be offered hygiene kits, which may include socks, toothbrush, toothpaste, deodorant, lotion, mouthwash or other grooming items. Clients who are also requesting laundry service will be offered a pair of sweatpants and t-shirt as needed, which should be returned. Clients will have the opportunity to meet with WeHOPE staff to assess unmet needs and access community resources.

WeHOPE staff will manage the Dignity on Wheels service and oversee the following:
a. Formulating goals and objectives,
b. Establishing personnel policies,
c. Overseeing the daily operation of each Dignity on Wheels' event, including without limiting, facility usage, and
d. Respectfully directing all staff and volunteers working at a Dignity on Wheels event, including those staff and/or volunteers of the host site.

Activity #1: Provide shower services to homeless individuals WeHOPE will provide access to hot water showers to homeless individuals. Clients are provided 15 minutes in the shower room, with seven minutes of shower time. Towels, hygiene kits, flip flops, and a change of clothes will be provided as needed.

Activity #2: Provide laundry services to homeless individuals WeHOPE will provide laundry services to homeless individuals. WeHOPE will provide client with laundry bag, which clients fill and return to WeHOPE staff. Staff will launder the clothing and return it to the client. A change of clothes will be provided as needed.

Activity #3: Provide community resources and referrals to homeless individuals WeHOPE will provide community resources and referrals to homeless individuals who desire to be connected to services and case management. WeHOPE will provide clients who are not already connected with individualized support to connect them with resources they need.

Program Support from City Staff:

CITY will identify an appropriate location, promote the program, coordinate the service with Santa Clara County unhoused outreach and assessment efforts, communicate regularly with WeHOPE Inc. staff, review reports provided by WeHOPE, process payments, and be on call during the session to ensure proper access to water, sewer, and electric utilities.

Cost Reimbursement:

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CITY will provide a one-time payment at the start of the contract in the amount of $10,686 to cover expenses for thirteen sessions (approximately three months). Within 15 days from the end of each month during the term of this AGREEMENT, WeHOPE will submit backup documentation for costs incurred in the prior month. Upon receipt of complete backup documentation, CITY will provide funds for the next month's expenditures. WeHOPE will report expenditures to the CITY, under provisions as set forth in Exhibit B.

Reporting:

Project objectives and outcomes will be measured on a quarterly basis as detailed in Exhibit C.

Additional Provisions:

WeHOPE will enter data into Homeless Management Information System (HMIS) only for clients working individually with WeHOPE staff (specifically providing clients with community resources and referrals).

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EXHIBIT B
Schedule of Charges/Payments

Consultant will invoice City on a monthly cycle. Consultant will in clude with each invoice a detail ed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out-of-scope work being performed by Consultant. This is a time-and-materials Agreement.

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EXHIBIT C
Activity Schedule

Project objectives and outcomes will be measured on a quarterly basis and should include, at a minimum, the following:

 Number of sessions provided per quarter.
 Number of showers provided each session.
 Number of laundry loads provided each session.
 Number of total unduplicated clients served to date.
 Number of clients who utilized DOW referral services.

Consultant will submit a Quarterly Performance Report for the following periods:

Report #1: 90 days after the first session
Report #2: Additional reports to follow quarterly

If the contract is extended, activities and outputs will be tracked and reported quarterly.

Quarterly Performance Reports are due by Consultant 10 business days at the conclusion of each quarter. If the contract is extended beyond the initial 6-month term, an annual performance report will be due at the end of one year or the end of the contract term, whichever comes first.

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EXHIBIT “D”

INSURANCE REQUIREMENTS

Please refer to the insurance requirements listed below. Those that have an “X” indicated in the space before the requirement apply to Contractor’s or Consultant’s Agreement.

Contractor or Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor or Consultant, its agents, representatives, employees or subcontractors.

Contractor or Consultant shall provide its insurance broker(s)/agent(s) with a copy of these requirements and request that they provide Certificates of Insurance complete with copies of all required endorsements.

Contractor or Consultant shall furnish City with copies of original endorsements affecting coverage required by this Exhibit D. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by City before work commences. City has the right to require Contractor’s o r Consultant’s insurer to provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

Commercial General Liability (CGL):

___ Coverage at least as broad as Insurance Services Office (“ISO”) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $2,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

_X_ Coverage at least as broad as ISO Form CG 00 01 covering CG L on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $1,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

___ Coverage at least as broad as ISO Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $5,000,000.00 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

Automobile Liability:

___ Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), of if Contractor or Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limits no less than $1,000,000.00 combined single limit for bodily injury and property damage.

___ Coverage at least as broad as ISO Form Number CA 0001 covering, Code 1 (any auto), with limits no less than $5,000,000.00 combined single liit for bodily injury and property damage.

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___ Garage keepers’ extra liability endorsement to extend coverage to all vehicles in the care, custody and control of the Contractor or Consultant, regardless of where the vehicles are kept or driven.

Professional Liability (Errors and Omissions):

___ Insurance appropriates to the Contractor or Consultant’s profession, with limit no less than $1,000,000.00 per occurrence or claim, $2,000,000.00 aggregate.

___ (If Design/Build), with limits no less than $1,000,000.00 per occurrence or claim, and $2,000,000.00 policy aggregate.

___ Insurance appropriates to the Contractor or Consultant’s profession, with limit no less than ______ per occurrence or claim, ______ aggregate

Workers’ Compensation Insurance:

_X_ Insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000.00 per accident for bodily injury or disease. (Not required if Contractor or Consultant provides written verification it has no employees)

The Employer’s Liability policy shall be endorsed to waive any right of subrogation as respects the City, its elected and appointed officials, officers, attorneys, agents, and employees.

Builder’s Risk (Course of Construction):

___ Insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. If the project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment.

The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site.

Contractor’s or Consultant’s Pollution Legal Liability:

___ Contractor’s or Consultant’s pollution legal liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involve s environmental hazards) with limits no less than $1,000,000.00 per occurrence or claim and $2,000,000.00 policy aggregate.

If the Contractor or Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor or Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to City.

Cyber Liability Insurance

___ Cyber Liability Insurance with limits not less than $1,000,000 per claim.

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Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Contractor or Consultant in this Agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion, and network security.

The policy shall provide coverage for breach response costs as well as regulatory fines and penalties, and credit monitoring expenses with limits sufficient to respond to these obligations.

Surety Bonds:

Contractor shall provide the following Surety Bonds:

____ Bid Bond
____ Performance Bond
____ Payment Bond

The Payment Bond and Performance Bond shall be in a sum equal to the contract price. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

Other Insurance Provisions:

The insurance policies are to contain, or be endorsed to contain the following provisions:

_X_ Additional Insured Status and Primary/Non-Contributory Language:

Contractor’s general liability and automobile liability policies shall be primary and shall not seek contribution from the City’s coverage and be endorsed to add the City and its officers, officials, employees, and agents as additional insureds under such policies using Insurance Services Office form CG 20 10 (or equivalent) on the general liability policy. For construction projects, an endorsement providing completed operations coverage for the additional insured on the general liability policy, ISO form CG 20 37 (or equivalent), is also required.

The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non -contributory basis for the benefit of City (if agreed to in a written contract or agreement) before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

___ Loss Payee Status – Builder’s Risk/Course of Construction Insurance (applicable to Construction Contracts only)

Contractor or Consultant may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.

___ Notice of Cancellation, Suspension or Otherwise Voiding Policies:

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Each insurance policy required above shall contain or be endorsed to contain that coverage shall not be suspended, voided, canceled or reduced in coverage or in limits except with thirty (30) days’ prior written notice by certified mail, return receipt requested to the City.

___ Waiver of Subrogation:

Contractor or Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor or Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Contractor or Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation Policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by Contractor or Consultant, its employees, agents and subcontractors.

___ Completed Operations

For Construction Agreements, Contractor shall maintain insurance as required by this Agreement to the fullest amount allowed by law and shall maintain insurance for a minimum of five (5) years following the completion of this project. In the event Contractor fails to obtain or maintain completed operations coverage as required by this Agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by Contractor.

THE FOLLOWING PROVISIONS APPLY TO ALL AGREEMENTS

Deductibles and Self-Insured Retentions (“SIR”):

Any deductibles or self-insured retentions must be declared to and approved by City. The City may require the Contractor or Consultant to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected and appoi nted officials, officers, attorneys, agents, and employees; or (2) the Contractor or Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

All SIRs must be disclosed to Risk Management for approval and shall not reduce the limits of liability.

Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the City.

City reserves the right to obtain a full-certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

Acceptability of Insurers:

Insurance is to be placed with insurers with a current A.M. Best’s rating o f no less than A -:VII, unless otherwise acceptable to City.

Claims Made Policies: (note - should be applicable only to professional liability, see below)

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1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a R etroactive Date prior to the contract effective date, the Contractor or Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

4. A copy of the claims reporting requirements must be submitted to the City for review.

5. If the services involve lead -based paint or asbestos identification/remediation, the Contractor’s Pollution Liability Policy shall not contain lead -based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability Policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

Subcontractors:

Contractor or Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

Subcontractor agrees to be bound to Contractor and City in the same manner and to the same extent as Contractor is bound to City under this Agreement and any other contract documents. Subcontractor further agrees to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any s ub-subcontractor to the extent they apply to the scope of the sub - subcontractor’s work. A copy of the City indemnity and insurance provisions will be furnished to the subcontractor upon request.

Verification of Coverage:

Contractor or Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commence s. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor or Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Special Risks or Circumstances

City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage or other special circumstances.

Failure to Comply:

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Each insurance policy required above shall contain or be endorsed to contain that any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected and appointed officials, officers, attorneys, agents, and employees.

Applicability of Coverage:

Each insurance policy required above shall contain or be endorsed to contain that the Contractor’s or Consultant’s insurance shall 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.

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Amendment No. 1: WeHOPE Inc.
1 of 7
AMENDMENT NO. 1

TO PROFESSIONAL SERVICES AGREEMENT
WITH
WEHOPE INC.

FOR

MOBILE SHOWER, LAUNDRY, AND CASE MANAGEMENT SERVICES FOR

UNHOUSED RESIDENTS

This Amendment No. 1 is entered on September 24, 2021 (effective date) , by and between the City of Milpitas, a municipal corporation of the State of California (hereaf ter referred to as "C ity ") , and WeHOPE Inc. , a non -profit corporation ( hereafter referred to as " Consultant "). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Amendment No . 1.

RECITALS

WHEREAS, on February 12 , 2021 , the Parti es entered into a Professional Services Agreement for Mobile Shower, Laundry, And Case Management Services For Unhoused Residents (the “Agreement”) with a compensation amount not to exceed $21,372 .00 , and a term period of February 12, 202 1 to the completion of twenty -six sessions of services provided ; and

WHEREAS, the Parties now desire to amend the Agreement by extend ing the term period expiration date to September 25, 2022 and increase the Agreement not -to -exceed amount by $50,180 .00 to allow for fifty -two additional sessions of services.

NOW , THEREFORE, in consideration of the mutual covenants and conditions herein contained, the Parties agree to amend the Agreement as follows:

1. Section 2 Compensation paragraph “b” is hereby amended to read as follows:

“In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of Seventy -One Thousand Five -Hundred Fifty - Two Dollars and Zero Cents ($71,552.00) . This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within thirty (30) days of receipt of a n invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis

2. Section 5 Time of Performance is hereby amended to read as follows:

“The term of this Agreement shall be from February 1 2, 2021 to September 25, 2022 , unless earlier terminated as provided herein. The City reserves the right to review the Contractor’s performance at the end of each year and cancel all or part of the Agreeme nt. Specific milestones for performance are included in the “Activity Schedule” attached as Exhibit C (Revised September 2021) .

3. Exhibit A is hereby deleted and replaced in its entirety by Exhibit A – Scope of Services (Revised September 2021), attached hereto and incorporated herein by this reference.

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Amendment No. 1: WeHOPE Inc.
2 of 7

4. Exhibit B is hereby deleted and replaced in its entirety by Exhibit B – Schedul e of Charges/ Payments (Revised September 2021), attached hereto and incorporated herein by this reference.

5. Exhibit C is hereby deleted and replaced in its entirety by Exhibit C – Activity (Revised September 2021), attached hereto and incorporated herein b y this reference .

6. All other provisions of the Agreement not amended by this Amendment No. 1 shall remain in full force and effect.

IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 as of the date first written above.

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Amendment No. 1: WeHOPE Inc.
3 of 7
SIGNATURE PAGE TO AMENDMENT NO. 1

TO PROFESSIONAL SERVICES AGREEMENT
WITH
WEHOPE INC.

FOR

MOBILE SHOWER, LAUNDRY, AND CASE MANAGEMENT SERVICES FOR

UNHOUSED RESIDENTS

CITY OF MILPITAS
Approved By:

Steven G. McHarris, City Manager

Date

Approved As To Form:

Christopher J. Diaz, City Attorney

Approved:

Lauren Lai, CPA , MPA
Risk Manager/Director of Finance

WEHOPE INC.

Signature

Name

Title

Date

Approved as to Content:

Sharon Goei
Director of Building Safety and Housing

DocuSign Envelope ID: 04A9E4BD-AACD-49D9-A515-3FD26647FB7D Sep-23-2021
Director of Mobile Homeless Services
TJ Clark
Oct-04-2021
73 Item # C9.

Amendment No. 1: WeHOPE Inc.
4 of 7

EXHIBIT A
Scope of Services (Revised September 2021)

Description of the Project:

WeHOPE Inc. will implement Dignity on Wheels to provide mobile shower, laundry, and case management services to homeless and unsheltered persons in Milpitas. Operating one day per calendar week at a single site in Milpitas, WeHOPE Inc. will provide drop -in shower services for up to forty -two (42) clients and drop -in laundry services of up to sixteen (16) single loads of laundry per four-hour session. Each session will consist of one six-hour session in either the morning or afternoon hours. Clients will be served for four hours during each session as there will be two hours dedicated for set-up and shutdown.

Clients requesting a shower will receive a provisional towel and bathmat, which must be returned after use.

Shower clients will be offered hygiene kits, which may include socks, toothbrush, toothpaste, deodorant, lotion, mouthwash or other grooming items. Clients who are also requesting laundry service will be offered a pair of sweatpants and t-shirt as needed, which should be returned. Clients will have the opportunity to meet with WeHOPE staff to assess unmet needs and access community resources.

WeHOPE staff will manage the Dignity on Wheels service and oversee the following:
a. Formulating goals and objectives,
b. Establishing personnel policies,
c. Overseeing the daily operation of each Dignity on Wheels' event, including without limiting, facility usage, and
d. Respectfully directing all staff and volunteers working at a Dignity on Wheels event, including those staff and/or volunteers of the host site.

Activity #1: Provide shower services to homeless individuals WeHOPE will provide access to hot water showers to homeless individuals. Clients are provided 15 minutes in the shower room, with seven minutes of shower time. Towels, hygiene kits, flip flops, and a change of clothes will be provided as needed.

Activity #2: Provide laundry services to homeless individuals WeHOPE will provide laundry services to homeless individuals. WeHOPE will provide client with laundry bag, which clients fill and return to WeHOPE staff. Staff will launder the clothing and return it to the client.

A change of clothes will be provided as needed.

Activity #3: Provide community resources and referrals to homeless individuals WeHOPE will provide community resources and referrals to homeless individuals who desire to be connected to services and case management. WeHOPE will provide clients who are not already connec ted with individualized support to connect them with resources they need.

Program Support from City Staff:

CITY will identify an appropriate location, promote the program, coordinate the service with Santa Clara County unhoused outreach and assessment effo rts, communicate regularly with WeHOPE Inc. staff, review reports provided by WeHOPE, process payments, and be on call during the session to ensure proper access to water, sewer, and electric utilities.

Reporting:

Project objectives and outcomes will be measured on a quarterly basis as detailed in Exhibit C.

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Additional Provisions:

WeHOPE will enter data into Homeless Management Information System (HMIS) only for clients working individually with WeHOPE staff (specifically providing clients with community resources and referrals).

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EXHIBIT B
Schedule of Charges/Payments (Revised September 2021)

Consultant will invoice City on a monthly cycle. Consultant will include with each invoice a detailed progress report that indicates the amount of budget spent on each task. Consultant will inform City regarding any out - of-scope work being performed by Consultant.

CITY will provide a one -time payment at the start of the agreement in the amount of Ten Thousand Six Hundred Eighty -Six Dollars and Zero Cents ($10,686.00) to cover expenses for thirteen (13) sessions (approximately three months). Within fifteen (15) days from the end of each month during the term of this AGREEMENT, WeHOPE will submit backup documentation for costs incurred in the prior month. Upon receipt of complete backup documentation, CITY will provide funds for the next month's expenditures .

WeHOPE will report expenditures to the CITY as part of its quarterly and annual reports outlined in Exhibit C.

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EXHIBIT C
Activity Schedule (Revised September 2021)
Project objectives and outcomes will be measured on a quarterly basis and should include, at a minimum, the following:
 Number of sessions provided per quarter.
 Number of showers provided each session.
 Number of laundry loads provided each session.
 Number of total unduplicated clients served to date.
 Number of clients who utilized DOW referral services.

Consultant will submit a Quarterly Performance Report for the following periods:

Report No. 1: Ninety (90) days after the first session
Report No. 2: Additional reports to follow quarterly
Activities and outputs will be tracked and reported quarterly to the City’s Project Manager. Quarterly Performance Reports are due by Consultant ten (10) business days at the conclusion of each quarter. An annual performance report will be due at the end of one year or the completion of fifty-two (52) sessions (whichever comes first) and upon the end of the Agreement term.

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Amendment No. 3: WeHOPE Inc.
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AMENDMENT NO. 3

TO PROFESSIONAL SERVICES AGREEMENT
WITH
WEHOPE INC.

FOR

MOBILE SHOWER, LAUNDRY, AND CASE MANAGEMENT SERVICES FOR

UNHOUSED RESIDENTS

This Amendment No. 3 is entered on April 1, 202 3 (effective date) , by and between the City of Milpitas, a municipal corporation of the State of California (hereaf ter referred to as "C ity ") , and WeHOPE Inc. , a non -profit corporation ( hereafter referred to as "Consultant "). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Amendment No . 3.

RECITALS

WHEREAS, on February 12 , 2021 , the Parti es entered into a Professional Services Agreement for Mobile Shower, Laundry, And Case Management Services for Unhoused Residents (the “Agreement”) with a compensation amount not to exceed $21,372 .00 , and a term period of February 12, 202 1 to the completion of twenty -six sessions of services provided ; and

WHEREAS, on September 24, 2021, the Parties amend ed the Agreement by extending the term period expiration date to September 25, 2022 and increase d the Agreement not -to -exceed amount by $50,180 .00 to allow for fifty -two additional sessions of services ; and

WHEREAS, on September 2 6, 202 2, the Parties amend ed the Agreement by extending the term period expiration date to June 30 , 202 3 and increase d the Agreement not -to -exceed amount by $15,000 .00 of which $4,072 is to allow for five additional sessions of services and $10,928 is to allow for contingencies and any potential changes to the location of services; and

WHEREAS, the Parties now desire to amend the Agreement by increas ing the not - to -exceed amount by $10 ,0 00 of which $5,993 is to allow for eight additional sessions and $4,007 is to allow for contingencies and any potential changes to the location of services .

NOW , THEREFORE, in consideration of the mutual covenants and conditions herein contained, the Parties agree to amend the Agreement as foll ows:

1. Section 2 Compensation paragraph “b” is hereby amended to read as follows:

“In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of Ninety -Six Thousand Five -Hundred Fifty -Two Dollars and Ze ro Cents ($ 96,552 .00) . This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses.

Periodic payments shall be made within thirty (30) days of receipt of an invoice which includes a detailed d escription of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis

2. All other provisions of the Agreement , Amendment No. 1 , and Amendment No. 2 not amended by this Amendment No. 3 shall remain in full force and effect. 107
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IN WITNESS WHEREOF, the Parties have executed this Amendment No. 3 as of the date first written above.

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SIGNATURE PAGE TO AMENDMENT NO. 3

TO PROFESSIONAL SERVICES AGREEMENT
WITH
WEHOPE INC.

FOR

MOBILE SHOWER, LAUNDRY, AND CASE MANAGEMENT SERVICES FOR

UNHOUSED RESIDENTS

CITY OF MILPITAS
Approved By:

Steven G. McHarris, City Manager

Date

Approved As To Form:

Michael Mutalipassi , City Attorney

Approved:

Lauren Lai, CPA , MPA
Risk Manager/Director of Finance

WEHOPE INC.

Signature

Name

Title

Date

Approved as to Content:

Alex Andrade
Economic Development Director

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CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Receive the 2022 General Plan Annual Progress Report and Authorize Submittal of the Report to the Governor’s Office of Planning and Research (OPR) (Staff Contact: Ned Thomas, Planning Director, 408-586-3273; and Jay Lee, Principal Planner, 408-586-3077)
Category: Consent Calendar-Community Development
Meeting Date: 4/4/2023
Recommendation: Receive the 2022 General Plan Annual Progress Report and authorize the submittal of the report to the Governor’s Office of Planning and Research (OPR).

Background:

California Government Code Section 65400 mandates that all cities and counties submit an annual report on the status and progress on implementation of their General Plan, including the Housing Element, to their legislative bodies, the Governor’s Office of Planning and Research (OPR), and the Housing and Community Development (HCD) by April 1 of each year. The intent of this statute is to ensure that the General Plan directs land use decisions and remains an effective guide for the long-term physical development of a community. It also provides local jurisdictions a tool to assess its effectiveness in implementing its General Plan.

Staff requests that the City Council receive the 2022 General Plan Annual Progress Report (Attachment A) and authorize the submittal of the report to OPR.

Analysis:

The following information provides a brief summary of the 2040 General Plan and the City’s General Plan implementation highlights for calendar year 2022.

2040 General Plan
City Council adopted the 2040 General Plan on February 23, 2021. The 2040 General Plan, which establishes a new planning horizon of 2040, provides updated goals, policies, and implementation actions and addresses new planning issues such as air quality and energy, community design, and economic and fiscal sustainability.

Future development projects consistent with the General Plan Update will be eligible for California Enrivonmental Quality Act (CEQA) streamlining through the Programmatic Environmental Impact Report (EIR).

The General Plan Update also includes a detailed implementation plan, which provides the responsible department, priority, and timing for all implementation actions. The City will review implementation of the General Plan on an annual basis, amend the General Plan as necessary, and update the City’s Zoning Ordinance and planning documents to ensure consistency with the General Plan.

The 2022 General Plan Annual Progress Report (APR) highlights the City’s progress toward implementation of the 2040 General Plan.

General Plan Implementation Highlights
The 2022 General Plan APR (Attachment A) provides the General Plan implementation highlights by element.

The City’s key efforts to implement the goals and policies of the General Plan include but are not limited to comprehensive master plan updates and capital improvement projects.

The City completed, initiated, or continued updates to the following policies and comprehensive master plans:
 Milpitas Metro Specific Plan (formerly the Transit Area Specific Plan) – Adopted February 2023  2023-2031 Housing Element – Adopted January 2023
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 Objective Design Standards for Residential and Mixed-Use Developments – Adopted November 2022  Climate Action Plan (CAP) Update – Adopted August 2022  Sewer Master Plan Update – Adopted August 2022
 Water Master Plan Update – Adopted August 2022
 Build Business by Symbium – Launched June 2022
 Trail, Pedestrian, and Bicycle Master Plan – Adopted May 2022  Comprehensive Zoning Ordinance Update – In progress
 Gateway/Main St. Specific Plan (formerly the Midtown Specific Plan) – In progress  Housing Opportunity Zones – In progress
 Retail Tobacco Licensing Program – In progress

The City also designed or constructed capital improvements to transportation infrastructure, public utility systems, and public facilities. Refer to the 2022 General Plan APR (Attachment A) for a detailed description of each implementation activity.

Policy Alternative:

Alternative 1: Do not authorize the submittal of the General Plan APR to OPR.

Pros: None.

Cons: The City would not be in compliance with Government Code Section 65400, which mandates all cities to submit an annual report on the status and progress on implementation of their General Plan to OPR each year.

Reasons not recommended: The General Plan APR assists OPR in identifying statewide trends in land use decision-making and informs modifications to OPR’s General Plan Guidelines. Failure to submit the General Plan APR to OPR would limit OPR’s ability to consider local planning and development activities in refining statewide planning goals and policies.

Fiscal Impact:

Preparation of the General Plan Annual Progress Report and submittal of the report to HCD will result in no fiscal impact to the City.

Environmental Review:

The action being considered is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

Recommendation:

Receive the 2022 General Plan Annual Progress Report and authorize submittal of the report to the Governor’s Office of Planning and Research (OPR).

Attachment:

A. 2022 General Plan Annual Progress Report
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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

Planning Department
DATE: April 1, 2023

TO: Governor’s Office of Planning and Research

THROUGH: Steven G. McHarris, City Manager

FROM: Jay Lee, Principal Planner

SUBJECT: 2022 General Plan Annual Progress Report

Background
The City of Milpitas completed a comprehensive update of its General Plan, which was adopted by the Milpitas City Council on February 23, 2021. The General Plan Update, which establishes a new planning horizon of 2040, provides updated goals, policies, and implementation actions and addresses new planning issues such as air quality and energy, community design, and economic and fiscal sustainability.

Future development projects consistent with the General Plan Update will be eligible for CEQA streamlining through the Programmatic EIR. The General Plan Update also includes a detailed implementation plan, which provides the responsible department, priority, and timing for all implementation actions. The City will review implementation of the General Plan on an annual basis, amend the General Plan as necessary, and update the City’s Zoning Ordinance and planning documents to ensure consistency with the General Plan.

Government Code Section 65400 mandates that all cities and counties submit an annual report on the status of the General Plan and progress in its implementation to their legislative bodies, the Governor’s Office of Planning and Research (OPR), and the Housing and Community Development (HCD) by April 1 of each year.

The intent of this statute is to ensure that the General Plan directs land use decisions and remains an effective guide for the long-term physical development of a community. It also provides local jurisdictions a tool to assess their effectiveness in implementing the Plan’s long-term vision.

This report highlights the City’s progress toward implementation of the 2040 General Plan. On March 21, 2023, staff shared this report to City Council, which authorized the submittal of the report to HCD.

Implementation Highlights by General Plan Element
Below is the City’s annual progress toward implementation of the previous General Plan by element.

Land Use Element

 Metro Specific Plan: The City adopted the Milpitas Metro Specific Plan, which is a comprehensive update of the Transit Area Specific Plan (TASP), on February 7, 2023. The TASP was renamed the “Milpitas Metro Specific Plan” (Metro Plan) to reflect new boundaries and focused attention on strategic redevelopment sites, circulation, and access. The Metro Plan area is concentrated around the new Milpitas Transit Center, which includes Bay Area Rapid Transit (BART) and Santa Clara Valley Transportation Agency (VTA) Light Rail and bus stations. The area has enjoyed significant residential development in the recovery from the Great Recession of 2008. Of the 7,109 potential dwelling units approved in the original 2008 Plan, over 6,900 units have been entitled, constructed, occupied, or are currently within the entitlement process. However, only a small amount of the proposed commercial space is entitled or under construction to date, and there are nearly 170 acres within the area that have not been redeveloped. The Metro Plan leverages these development opportunities to reinforce the 112
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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 Planning Department

2008 TASP’s vision for a high-density urban neighborhood with a mix of land uses around the Transit Center. The Metro Plan also enhances pedestrian and bicycle access throughout the MMSP area to complement these high-density mixed-use neighborhoods. Policy LU 2-1 and Action LU-2a  Gateway/Main Street Specific Plan: The City is currently updating the Midtown Specific Plan, which was adopted by the City Council in March 2002 and amended in November 2010. The Midtown Specific Plan will be renamed the “Milpitas Gateway/Main St. Specific Plan” (Gateway Plan) to reflect new boundaries and a new strategic focus on key redevelopment areas. The Gateway Plan area, which contains the original commercial and industrial core of the City, has undergone significant changes related to its growing role as a housing and employment center. Development activity over the past several years has included approval or construction of 1,200 multi-family residential units, reinvestment and upgrades to the Great Mall, and extension of VTA’s Tasman East Light Rail Transit (LRT) line.

However, several vacant and underutilized sites remain within the Gateway Plan area and there is significant potential for development and redevelopment. The Gateway Plan will provide policies and guidelines and identify improvements to streetscapes, infrastructure, and public open spaces to facilitate this area’s transition into an attractive and economically vital district with a compatible mixture of residential, retail, office, and service-oriented commercial uses served by a viable multi-model transportation network. Policy LU 2-1 and Action LU-2a
 Comprehensive Zoning Ordinance Update: The City’s Zoning Ordinance is one of the primary implementation tools for the Land Use Element goals and policies. A Zoning Map, consistent with the General Plan Land Use Map, is also part of the Zoning Ordinance. Together, the Zoning Ordinance and Zoning Map are used to identify the specific types of use, intensity, and development standards applicable to given parcels or areas of land. However, the current Zoning Ordinance was originally adopted in 1955 and last updated in 2008. Therefore, the City initiated the Comprehensive Zoning Ordinance Update in early 2023 to modernize the Zoning Ordinance, ensure consistency with the recently adopted 2040 General Plan, and implement land use changes from the City’s specific plan updates. Policies LU 5-1, 5-2, 5-3, 5-4, 5-5, 5-6, and 5-7 and Actions LU-1d, LU-5a, LU-5b, and LU- 5c

Circulation Element

 Trail, Pedestrian, and Bicycle Master Plan: The City adopted the Trail, Pedestrian, and Bicycle Master Plan, which is an update of the Trails and Bikeway Master Plans, on May 17, 2023. The Trails and Bikeway Master Plans were originally adopted by City Council in June 1997 and June 2009 respectively. The Trail, Pedestrian, and Bicycle Master Plan identifies gaps in the trail, pedestrian, and bicycle networks and provides recommendations to expand existing networks, increase safety and accessibility for all users, support economic development, and enhance the quality of life for area residents. The Trail, Pedestrian, and Bicycle Master Plan also evaluates bicycle/scooter share programs, identifies priorities, and recommends improvements. Policies CIR 2-1, 4-1, 4-2, 4-3, 4-4, 4- 5, 4-6, 4-7, 4-8, 4-9, and 4-10 and Actions CIR-4a, CIR-4b, CIR-4c, CIR-4g, CIR-4h, and CIR-4i  Development Review and Traffic Impact Fees: As part of its development review process, the City requires private development projects to implement traffic mitigation measures to address potential impacts and deficiencies created by the project and identified in the transportation impact analysis.

Required mitigation measures include improvements to transportation infrastructure and transportation demand management (TDM) programs. Additionally, the City collects both citywide and area-specific traffic impact fees to fund and construct transportation improvements. Furthermore, the VTA serves as the Congestion Management Agency for Santa Clara County and maintains the County’s Congestion 113
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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 Planning Department

Management Program (CMP), which includes several intersections within Milpitas. Although traffic congestion is no longer considered a potentially significant impact under the California Environmental Quality Act (CEQA) in accordance with Senate Bill (S.B.) 743, the City will continue to utilize level-of- service (LOS) analysis to address local traffic congestion while transitioning to vehicle miles traveled (VMT) as the new metric for assessing transportation impacts under CEQA. Policies CIR 1-9, 1-10, and 1-11 and Actions CIR-1l, CIR-1m, CIR-1n, CIR-1o, CIR-4k, CIR-4l, and CIR-7b  Citywide VMT Policy: The City adopted a citywide VMT policy to implement Senate Bill 743 and establish the methodology for analyzing transportation impacts under CEQA. The policy facilitates the buildout of the General Plan and supports new development in suitable areas near transit and mixed- use neighborhoods. City staff continues to implement the new policy through the development review process. Over time, the policy will help the City move away from auto-dependency and prioritize multimodal improvements to create a balanced and accessible transportation network that meets the needs of all users. Policies CIR 1-2 and 1-8 and Action CIR-1c  Capital Improvement Program (CIP): Consistent with the Circulation Element goals and policies, the City also made significant investment in transportation infrastructure and safety improvements through its CIP, which is updated every year. The significant transportation-related projects are discussed below.
o Enhanced Crosswalk Striping & Beacons: This project provides high visibility crosswalk striping and pedestrian actuated flashing beacons to facilitate safer pedestrian crossings at high vehicle and pedestrian volume intersections along school and bike routes and in residential areas. 16 beacons were installed at various locations throughout the City in 2021 and a traffic safety assessment to identify future locations is underway.
o Street Resurfacing Program: This annual program provides for roadway pavement repair, rehabilitation, and/or reconstruction. The program includes replacement and upgrade of curb, gutter, driveway, and sidewalk. The program also includes implementation of bike facilities as described in the City’s Trail, Pedestrian, and Bicycle Master Plan. o ADA Curb Ramp Transition Program: This annual program involves citywide replacement or upgrade of existing curb ramps to current standard Americans with Disabilities Act (ADA) compliant ramps. The program also includes construction of segments of new sidewalk to close gaps and allow the City to be eligible for future Federal transportation aid funds. o S. Milpitas Blvd. Vehicle Bridge at Penitencia Creek: Design of the project and the associated CEQA analysis is complete and construction is anticipated to start between 2025 and 2027. The project will provide a vehicular bridge over Penitencia Creek at the end of the new S. Milpitas Blvd. Extension. The vehicular bridge is part of the TASP circulation infrastructure improvement to provide safe and convenient pedestrian connectivity within the TASP area. o Montague Pedestrian Overcrossings: These projects will provide a pedestrian overcrossing over Montague Expressway at Piper Drive and the east levee of Penitencia Creek. The overcrossing at Piper Drive is complete. The design and associated CEQA analysis for the overcrossing at the east levee is complete and construction is anticipated to start between 2025 and 2027.

These projects are part of the TASP circulation infrastructure improvements to provide safe and convenient pedestrian connectivity within the TASP area.

Policies CIR 1-8, 2-1, and 2-2 and Actions CIR-7c

Community Design
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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 Planning Department

 Residential and Mixed-Use Objective Design Standards: On November 1, 2022, the City adopted the Milpitas Residential and Mixed-Use Objective Design Standards (MODS), which provides clear and implementable design criteria for all new residential and mixed-use developments throughout the City.

The Objective Design Standards streamlines housing approvals, complies with recent State legislation requiring objective and quantifiable design guidelines, and ensures that new residential development protects and improves the character of existing neighborhoods. City staff continues to implement the MODS through the development review process. Policies CD 1-1, 1-2, 1-6, 2-1, 2-2, 2-4, 2-5, 2-7, 3-3, 3-5, 3-8, 3-9, 3-10. 5-1, 5-2, 5-3, 5-4, 5-5, and 5-8 and Actions CD-2b, CD-2c, CD-2d, CD-5a, and CD-5b
 Hillside Ordinance: The City’s Hillside Ordinance established the Hillside Combining District (Municipal Code Section XI-10-45.09), which promotes and encourages the orderly development of the hillside area of the City. The Hillside Ordinance provides regulations to ensure that development is in keeping with the natural character of the hillside, minimize grading of and alterations to hillsides, and address constraints associated with hillside development including geologic issues, slopes, access, and visibility. New developments in the Hillside Combining District are subject to these regulations and require review by the Planning Commission and approval by the City Council for compliance with the Hillside Site and Architectural Guidelines. Policies CD 7-1, 7-2, 7-3, 7-4, 7-5, and 7-6 and Action CD- 7a
 Development Review: As part of the development review process, City staff reviews new development projects to ensure that new developments include excellent project design, high-quality architecture, public improvements to reinforce a sense of place, and preserve and enhance the community character. The City also requires private development projects to either install public art component that meets the requirements of Municipal Code Section XI-10-14 and is approved by the Arts Commission or pay an in-lieu fee to fund public art improvements throughout Milpitas. Policies CD 1-1, 1-2, 1-6, 2-1, 2-2, 2-4, 2-5, 2-7, 3-3, 3-5, 3-8, 3-9, 3-10. 5-1, 5-2, 5-3, 5-4, 5-5, and 5-8 and Actions CD-2b, CD-2c, CD-2d, CD-5a, and CD-5b

Economic Development

 Economic Development Strategy: In May 2020, the City adopted a new Economic Development Strategy (EDS) that will guide the City’s efforts over the next five years to grow the local economy and foster local economic health, diversity, and vibrancy. The City completed an Innovation District Action Plan, which provides specific actions to implement policies in the EDS related to the creation of an Innovation District. City staff also included tasks in the Gateway/Main St. Specific Plan scope of work to implement several EDS policies including a retail audit of the zoning code, retail strategies memo, property-based business improvement district, strategic property acquisition revenue fund, and economic/scenario feasibility testing. Policies ED 1-1, 3-2, 3-3, and 4-2 and Actions ED-1c, ED-1d, ED-1j, ED-2a, ED-2c, ED-3c, ED-3f, ED-3h, and ED3i
 Build Business by Symbium: In June 2022, the City implemented Build Business by Symbium, which is a geographic information system (GIS) software program that allows the public to quickly and accurately determine where each type of business is allowed in Milpitas, if a business is allowed at a specific location, and what types of permits are required. Build Business improves customer service, staff efficiency, and streamlines the permitting process to facilitate business retention, relocation, and attraction. Policies ED 1-5 and Actions ED-1l and ED-1m

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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 Planning Department

Conservation & Sustainability Element

 Climate Action Plan (CAP) Update: In compliance with Assembly Bill (A.B.) 32 and S.B. 375, on August 9, 2022, the City adopted an update to its CAP with new programs to meet the State’s new mid- and long-term statewide emissions targets (40 percent reduction below 1990 levels by 2030 and 80 percent reduction below 1990 levels by 2050). The CAP is designed to streamline environmental review of future development projects in the City, consistent with CEQA Guidelines Section 15183.5(b). The CAP identifies an overall strategy, baseline emissions and forecasts, reduction measures, and implementation strategies to achieve the State-recommended greenhouse gas (GHG) emissions reduction targets. Policies CON 1-3, 1-6, 1-7, 1-8, 1-10, 1-11, 1-13, and 7-13 and Actions CON-1a, CON-1g, and CON-1h
 Cultural & Historic Preservation: The City continues to carry out its Cultural Resources Preservation Program as outlined in Chapter 4, Title XI of the Milpitas Municipal Code to identify and protect existing cultural and historic resources. City staff reviews requests to alter or demolish an existing cultural or historic resource for compliance with local, state, and federal historic preservation standards and forwards applications to the Parks, Recreation and Cultural Resources Commission for a decision on whether the request meets the intent of the Cultural Resources Preservation Program. Additionally, projects subject to CEQA are analyzed for archaeological and paleontological impacts and mitigation measures are required as necessary. Policies CON 4-1, 4-2, 4-3, 4-4, and 5-1 and Actions CON-4a and CON-4b
 Energy Use: On January 17, 2023, the City adopted the 2022 California Energy Code and the 2022 California Green Building Standards Code pertaining to the all-electric requirement for newly constructed buildings, and electric vehicle (EV) chagrining for new residential and non-residential construction. These local amendments, referred to as reach codes, exceed the requirements in the 2022 state codes. As part of its development review process, the City requires new buildings to comply with these requirements and offers expedited building permit processing for residential projects achieving Build It Green’s GreenPoint Rated standard and for commercial and industrial projects achieving the Leadership in Energy and Environmental Design (LEED) Silver rating. Furthermore, in 2017, the City joined Silicon Valley Clean Energy (SVCE), which is a community-owned agency serving Santa Clara County communities by acquiring and offering clean, carbon-free electricity. Policy CON 1- 1, 1-2, and 1-3 and Actions CON-1e and CON-1f

Utilities & Community Services

 Public Facilities and Utilities: The City maintains its public facilities and utilities to ensure that vital public services are available to its citizens. As part of its development review process, the City confirms that the development will be adequately served by public facilities and utilities by requiring public improvements when necessary and collecting development impact fees to defray all or a portion of the cost of public facilities and improvements necessary to serve the new development. A detailed discussion of the various public facilities and utilities is provided below. Several relevant topics including fire safety, parks and recreation, and stormwater are discussed in the implementation highlights for other General Plan elements, which provide more detailed policies regarding these topics. o Water Services: The City’s Urban Water Management Plan (UWMP) provides a framework for long term water planning to ensure adequate water supplies through the year 2040 and establishes a water use target that aids in meeting the State’s goal of reducing water use by 20 percent by 2020. On August 9, 2022, the City adopted an update to its Water Master Plan, 116
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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 Planning Department

which will guide the City’s decisions on water infrastructure investments over the next 20 years and incorporate the water needs associated with the TASP and Midtown Specific Plan updates.

Following a Water Supply Augmentation Feasibility Report completed in 2015, the City has concentrated its CIP efforts in utilizing groundwater wells, expanding the existing recycled water supply delivery and treatment infrastructure, and continued conservation efforts. o Wastewater: On August 9, 2022, the City adopted an update to its Sewer Master Plan, which includes a summary of the City’s wastewater collection system, flow projections, an analysis of the system’s capacity, and a summary of the capacity improvements that are needed. The update also incorporates the sewer needs associated with the TASP and Midtown Specific Plan updates. The City’s Sewer System Management Plan (SSMP) provides a plan to properly operate and maintain the sanitary sewer collection system. The SSMP aims to prevent sewer outflow, provide adequate capacity to convey peak flows. The City experiences very few sewer system overflows and the required system improvements have been incorporated into the CIP. o Police Protection: The City contains one police station with a Communications Center that coordinates information from 9-1-1 callers to responders in the field. The City is currently meeting its goal for response times to emergency calls of 3 minute or less. The adequacy of police services is also evaluated for any projects subject to CEQA. o Schools: Mabel Mattos Elementary School opened its doors to K-4 students with the start of the new school year in August 2018. With the completion of Phases II and III in 2021 and 2022 respectively, the school now serves grades K-6 and accommodates up to approximately 700 students.

Policies UCS 1-1, 1-4, 2-1, 2-3, 2-5, 2-6, 2-7, 3-1, 3-2, 8-1, and 8-15 and Actions UCS-1a, UCS-2a, UCS-c, and UCS-3a
 Stormwater & Drainage: The City participates in the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP). The SCVURPPP and member agencies implement programs aimed at reducing pollutants in stormwater runoff and protecting water quality of the San Francisco Bay and Santa Clara Valley creeks and rivers. The City also requires post-construction stormwater controls on development projects as part of its obligations under Provision C.3 of the Bay Area Municipal Regional Stormwater Permit (MRP). Furthermore, the City’s Storm Drain Master Plan identifies the capital improvements needed to maintain recommended levels of protection against stormwater runoff, which have been incorporated into the CIP. Policies UCS-4-1, 4-2, 4-3, 4-4, 4-5, 4-6, and 4-14 and Actions UCS-4a, UCS-4b, UCS-4c, UCS-4e, and UCS-4f
 Urban Growth Boundary: The City passed Measure I in November 2016 to continue the City’s urban growth boundary established by Measure Z in 1998, which was set to expire in 2018. The urban growth boundary, which limits development in Milpitas to the valley floor and the base of the foothills by prohibiting the City from providing services to new land use developments in the hillside area, will now continue through December 31, 2038. The City’s Urban Service Area boundary established by the Santa Clara County Local Agency Formation Commission (LAFCO) is coterminous with the City’s urban growth boundary. Policy UCS 1-6

Safety Element

 Development Review Process: One of the ways the City strives to minimize risk from geologic, fire, and flood hazards is through its development review process as discussed below. 117
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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 Planning Department

o Seismic and Geologic Hazards: The City requires development projects in hillsides or fault zones to submit a geotechnical report, reviews the findings of the report, and conditions projects to adhere to the report’s recommendations. Projects subject to CEQA are also analyzed for potential geotechnical impacts and mitigation measures are required as necessary. o Fire Hazards: The Milpitas Fire Department reviews and inspects projects during the development review process to ensure that all new developments comply with the Uniform Fire Code and other local fire safety regulations.
o Flood Management: The City coordinates with the Santa Clara Valley Water District while reviewing development projects to ensure that buildings and structures are located, designed, and constructed in a manner that minimizes flood risks and complies with the City’s floodplain management regulations, which provide standards for any construction or other development within any area of special flood hazard.

Policies SA 1-1, 1-2, 1-4, 1-5, 1-6, 1-7, 1-8, 2-3, 2-4, and 2-5 and Actions SA-1a, SA-1b, SA-1d, SA- 1e, SA-2a, and SA-2c
 Fire Safety: The Fire Department operates four fire stations within its service area. The average response time in 2022 was 4 minutes, 47 seconds, which is slightly over the City’s response goal of 4 minutes. The City maintains its fire stations through regularly scheduled minor improvements. However, construction of the new Fire Station No. 2 was completed and occupied in October 2022. The Fire Department also performs routine fire inspections of existing buildings, structures, and properties in the City with the exception of single and multi-family dwellings in which the owner of the property resides.

Policy SA 4-9 and Actions SA-3d, SA-3e, SA-4b, and SA-4c  Emergency Preparedness: The Milpitas Fire Department Office of Emergency Services (OES) coordinates the City’s preparedness efforts to mitigate against, plan for, respond to, and recover from natural disasters. The OES maintains the City’s Emergency Operations Plan (EOP), which provides a blueprint for emergency management within the City and requires the development of departmental Standard Operating Procedures (SOPs). The City also partnered with Santa Clara County and other local jurisdictions to prepare the Santa Clara Operational Area Hazard Mitigation Plan, which is an updated multi-jurisdictional hazard mitigation plan that assesses local hazard risks and recommends a tailored and coordinated mitigation strategy to improve the resiliency of the County. The OES actively implements the recommendations of these emergency plans by keeping the Emergency Operation Center in a state of readiness and training citizens in basic disaster response through the Community Emergency Response Team (CERT). Policies SA 3-4 and 3-5 and Actions SA-3a and SA-3b

Noise Element

 Development Review Process and Enforcement: As part of its development review process, the City conditions development projects to comply with the City’s noise regulations the Milpitas Municipal Code and noise compatibility standards in the Noise Element of the General Plan. Additionally, projects subject to CEQA are required to analyze potential noise impacts resulting from the project and mitigation measures are required to mitigate any significant noise impacts. The City’s Neighborhood Services Division and the Milpitas Police Department jointly enforce the City’s noise regulations, project conditions of approval, and CEQA mitigation measures to ensure compliance throughout the City.

Policies N 1-2, 1-4, 1-5, 1-6, and N 1-8 and Actions N-1a, N-1b, N-1c, and N-1d  Specific Plan Updates: As part of both specific plan updates, the City is analyzing and considering the noise compatibility of existing and new land uses as it updates the zoning for these plan areas. The 118
Item # C10.

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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 Planning Department

new land use plans will incorporate appropriate buffers and transitions between incompatible land uses to minimize noise impacts. Policies N 1-1 and N 1-7

Parks, Recreation, & Open Space Element

 Parks & Recreation Master Plan Update: The City updated the Parks and Recreation Master Plan, which was originally adopted in 2008, to include City recreational facilities and parks in the TASP and Midtown areas. The update includes an existing conditions assessment of all parks and recreation facilities, public engagement and outreach, a strategic plan to provide high-quality accessible parks and recreation facilities, and a programming and growth assessment. The City continues to implement the Parks and Recreation Master Plan through the development review process and updating its Capital Improvement Program. Policies PROS 1-1, 1-2, and 1-3 and Action PROS-1c  Park Dedication or In-Lieu Fee: As part of its development review process, the City requires private development projects to either dedicate land or pay a park in-lieu fee (based on project square footage) to fund improvements to parks and recreation facilities to meet the additional demand for such facilities resulting from new developments and achieve the goals and policies of the Recreation Master Plan.

Policies PROS 1-4 and 1-5 and Action PROS-1b
 Parks & Recreation Facilities Improvements: Consistent with the Open Space & Environmental Conservation Element goals and policies, the City also made significant investment in parks and recreation facilities through its CIP. The significant projects are discussed below. o Citywide Park Rehabilitation: The City assessed and rehabilitated citywide park playgrounds needing minor improvements. Minor improvements were completed for Hillcrest Park, Peter Gill Memorial Park, Hall Memorial Park, and Ed Levin Park in 2022. o Minor Sports Courts Rehabilitation: The program provides for the rehabilitation of several sports courts annually. Minor improvements were completed for Hall Memorial Park, Peter Gill Memorial Park, Tom Evatt Park, and Peter Gill Memorial Park in 2022. o Sports Fields Turf Rehabilitation Program: The program is ongoing and provides for turf rehabilitation at City sports fields. Work includes re-sodding, re-seeding, irrigation repairs, and other minor rehabilitations.
o Park Renovations: The City completed the design for the renovation of one neighborhood park (Sandalwood Park) and will begin construction in 2025. Improvements include a new picnic and playground area, ADA access and path improvements, a new restroom, and upgraded irrigation and landscaping.
o New Parks: The City constructed one new park (Trade Zone/Montague Park – North) and construction of another new park (McCandless Park) is underway. Phase 1 (Park Core) of McCandless Park was completed in early 2023 and Phase 2 (Sports Field) is expected to be completed in Winter 2023. These new parks will add approximately 9.5 acres of new parkland.

Policies PROS 1-8 and 1-9 and Action PROS-1a

Community Health & Wellness

 Smoke-Free Ordinance: The City adopted a Smoke-Free Ordinance to expand the smoke-free areas within Milpitas and protect Milpitas’ most vulnerable populations. The Ordinance prohibits smoking in outdoor dining areas, parks and trails, multi-unit housing and associated common areas, near 119
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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 Planning Department

entryways to buildings where smoking is prohibited, service areas, and at public events. City staff continues to enforce the Ordinance and provide resources such as no-smoking signage to encourage compliance. Policy CHW 7-2
 Retail Tobacco Licensing Program: The City is currently developing a Retail Tobacco Licensing Program to require licenses for tobacco retailers in Milpitas. The program will allow the City to enforce local regulations and ensure that retailers are not selling tobacco products to the youth. New retailers will also be required to locate a minimum distance from existing retailers and sensitive land uses such as schools and parks to minimize the undue concentration of retailers and protect the youth. Policy CHW 7-3 and Action CHW-7b

Housing Element

 Annual Progress Report (APR): On March 21, 2023, staff presented the 2022 APR for the Housing Element and 2022 Housing Successor Agency Annual Report to City Council, which authorized the submittal of both reports to HCD.
 2023-2031 Housing Element: On January 24, 2023, the City adopted the Housing Element Update for the sixth housing element cycle (2023-2031) to accommodate the City’s Regional Housing Needs Allocation (RHNA) adopted by the Association of Bay Area Governments (ABAG). The City is awaiting certification of the 2023-2031 Housing Element from HCD.  Housing Opportunity Zones (HOZ) Overlay District: The City is implementing a HOZ Overlay District to provide zoning and financial incentives for affordable housing development in key opportunity areas throughout Milpitas. The goal of the HOZ Overlay District is to facilitate affordable and supportive housing for all and help address the ongoing housing crisis through innovative and effective incentive- based zoning.

Conclusion
This report documents the City’s recent progress in implementing the General Plan. The information contained herein will be forwarded in the form of a letter to OPR to serve as the City of Milpitas’s General Plan Progress Report for 2022.
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Item # C10.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Accept the FY 2023 Citizens’ Option for Public Safety (COPS) Grant in the Amount of $124,855.00 for Font-Line Law Enforcement Services and Approve the Appropriation of Funds in the Total Amount of $124,855.00 to the Police Department’s FY2022-23 Operating Budget for Front-Line Law Enforcement Services (Staff Contact: Jared Hernandez, Chief of Police, 408-586-2406) Category: Consent Calendar-Public Safety
Meeting Date: 4/4/2023
Recommendation: Accept the FY 2023 Citizens’ Option for Public Safety (COPS) Grant in the Amount of $124,855.00 for Font-Line Law Enforcement Services and Approve the Appropriation of Funds in the Total Amount of $124,855.00 to the Police Department’s FY2022-23 Operating Budget for Front-Line Law Enforcement Services.

BACKGROUND:

The Citizens’ Option for Public Safety (COPS) program was originally adopted in Assembly Bill 3229 (Brulte) 1996 with funding from the state general fund. The COPS grant program provides funding for front-line law enforcement (municipal police, county sheriffs, and police protection districts); county jails; district attorneys for prosecution; and local juvenile justice programs (since FY 2001).

In FY 2001, the law was amended to provide a minimum frontline law enforcement allocation of $100,000 to any local agency receiving funding under the program. These moneys must supplement existing services and may not be used to supplant any existing funding for law enforcement services.

The City of Milpitas’ FY 2023 COPS Grant award is $124,855. The Police Department has proposed a grant funding spending plan, as outlined below.

ANALYSIS:

The City of Milpitas is not required to provide matching funds. California Government Code section 30062 specifies that these funds must be used exclusively for front line law enforcement services. These funds shall be appropriated pursuant to a written request from the Chief of Police. The Milpitas Police Department recommends the following front-line municipal police services to be purchased with the FY 2023 COPS Grant:

1. Community Safety and Emergency Response Equipment

2. Training and Equipment

3. Unmanned Aerial Vehicle (UAS) Equipment

4. Employee Identification Card System Replacement

5. Logistics and Technological Equipment

POLICY ALTERNATIVE(S):

Alternative 1: Refuse the FY 2023 Citizen’s Option for Public Safety (COPS) grant award.

Pros: There are no identified benefits to this alternative.

Cons: The Police Department would not be able to purchase the needed equipment, or the purchase of the equipment would be delayed.

Reason for Not Recommending: The FY 2023 COPS grant award does not require matching funds nor are there any requirements that result in a negative impact.

FISCAL IMPACT:
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Item # C11.

The grant does not require any matching funds. A budget appropriation of $124,855 is recommended to add to the Police Department’s FY 2022-23 operating budget for the purchase of the equipment and services within the scope of the spending plan. Per the Council approved Budget Guidelines, any unused funds related to this grant will be carried over to the next fiscal year.

California Environmental Quality Act (CEQA):

The City Council’s acceptance of the COPS grant is not an activity that is defined as a “project” under the California Environmental Quality Act (CEQA) as it is a government fiscal activity without a commitment to any specific project that may result in a potentially significant physical impact on the environment. Although the COPS grant funding may be used for a variety of projects, to analyze the impacts of those potential projects would be speculative at this time and future CEQA analysis will be conducted if and when those potential projects are considered.

RECOMMENDATION:

Accept the FY 2023 Citizens’ Option for Public Safety (COPS) Grant in the Amount of $124,855.00 for Font- Line Law Enforcement Services and Approve the Appropriation of Funds in the Total Amount of $124,855.00 to the Police Department’s FY2022-23 Operating Budget for Front-Line Law Enforcement Services

Attachment(s):

1. COPS 2023 Spending Plan

2. Budget Change Form

122
Item # C11.

MEMORANDUM
Milpitas Police Department

1275 N. Milpitas Blvd., Milpitas, CA 95035 www.ci.milpitas.ca.gov Superior Customer Service  Open Communication  Integrity and Accountability  Trust and Respect  Recognition and Celebration

DATE: April 4, 2023

TO: Honorable Mayor and City Council

THROUGH: Steven McHarris, City Manager

FROM: Jared Hernandez, Chief of Police

SUBJECT: FY 2023 Citizen Options for Public Safety (COPS) Grant

The City of Milpitas anticipates receiving FY 2023 Citizens Option for Public Safety (COPS) funds from the state pursuant to Government Code 30061-30063, in the amount of $124,855. These funds must be used to support front-line law enforcement services and must supplement and not supplant existing funding for front-line law enforcement services.

No City matching funds are required.

These funds shall be appropriated pursuant to written request from the Chief of Police of the law enforcement agency that provides police services for the city. The request shall specify the front-line law enforcement needs of the requesting entity including the personnel, equipment, and programs that are necessary to meet those needs.

Below are the recommended approximate expenditures for COPS grant monies for fiscal year 2023:

1. Community Safety and Emergency Response Equipment $53,300

2. Training and Equipment $14,155

3. Unmanned Aircraft System (UAS) Equipment $30,000

4. Employee Identification Card System Replacement $19,200

5. Logistics and Technological Equipment $8,200
Total: $124,855

Details on these spending areas are as follows:

1. Community Safety and Emergency Response Equipment
The purchase of safety equipment, such as RADAR message sign boards and navigation devices to improve response times, will protect officers and citizens during critical incidents. In addition, the message sign boards specifically will enhance traffic safety, as such equipment can display crisis communication, weather alerts, and other warnings to the community. This equipment will ensure officers are properly equipped to maintain low response times to calls for service, preserve life, and protect public safety.

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Item # C11.

2 2. Training and Equipment
Continuous employee training is critical to the success of the Police Department. The purchase of a training software system with the ability to utilize unlimited, custom simulated call taking scenarios will improve and enhance the communications dispatcher training program. The purchase of training safety equipment such as safety mats will enable the department to maintain a dedicated and more permanent, safe training space for physical training scenarios such as de-escalation, ACT, less lethal, force alternatives, etc. In addition, such training and equipment will enable the department to continue to meet state mandates.

3. Unmanned Aircraft System (UAS) Equipment
The purchase of an additional remote aircraft and related accessories for the department’s fleet will ensure the UAS team is properly equipped with reliable tools leveraging the latest proven technology, such as weather-resistant features. In addition, this supplement to the department’s current inventory will extend the life and reduce wear and tear of current equipment by providing backup relief and more available total battery life overall.

4. Employee Identification Card System Replacement
The Police Department’s current employee identification system is antiquated and uses obsolete technology. The current system is no longer supported by the manufacturer, making repairs to the aging system very difficult. The purchase of a new system with identification and access control features (RFID) will offer additional and enhanced security features.

5. Logistics and Technological Equipment
The Police Department routinely responds to various critical, emergency operations and investigates in-depth cases that require pertinent information be shared among detectives and department staff. The purchase of smart technology equipment such as an advanced digital whiteboard will ensure department staff are properly equipped with reliable tools to collect, share, and preserve sensitive information effectively, efficiently, and securely.

RECOMMENDATION:

Allocate the 2023 COPS grant funds ($124,855) to the above program areas.

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Item # C11.

City of Milpitas, California

BUDGET CHANGE FORM

From To
Type of Change

Account

Amount

Account

Amount
Check one:

 Budget Appropriation
 Budget Transfer

261-3567 $124,855

261-7214223
261-7214223
261-7214223
261-7214223
261-7214223

$53,300
$14,155
$30,000
$19,200
$8,200

Accept the FY 2023 Citizens’ Option for Public Safety (COPS) Grant in the Amount of $124,855.00 for Font- Line Law Enforcement Services and Approve the Appropriation of Funds in the Total Amount of $124,855.00 to the Police Department’s FY2022-23 Operating Budget for Front-Line Law Enforcement Services.

BACKGROUND:

The Citizens’ Option for Public Safety (COPS) program was originally adopted in Assembly Bill 3229 (Brulte) 1996 with funding from the state general fund. The COPS grant program provides funding for front-line law enforcement (municipal police, county sheriffs, and police protection districts); county jails; district attorneys for
prosecution; and local juvenile justice programs (since FY 2001).

In FY 2001, the law was amended to provide a minimum frontline law enforcement allocation of $100,000 to any local agency receiving funding under the program. These moneys must supplement existing services and may not be used to supplant any existing funding for law enforcement services.

The City of Milpitas’ FY 2023 COPS Grant award is $124,855. The Police Department has proposed a grant funding spending plan, as outlined below.

ANALYSIS:

The City of Milpitas is not required to provide matching funds. California Government Code section 30062 specifies that these funds must be used exclusively for front line law enforcement services. These funds shall be appropriated pursuant to a written request from the Chief of Police. The Milpitas Police Department recommends the following front-line municipal police services to be purchased with the FY 2023 COPS Grant:

1. Community Safety and Emergency Response Equipment

2. Training and Equipment

3. Unmanned Aerial Vehicle (UAS) Equipment

4. Employee Identification Card System Replacement

5. Logistics and Technological Equipment

POLICY ALTERNATIVE(S):
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Item # C11.

Alternative 1: Refuse the FY 2023 Citizen’s Option for Public Safety (COPS) grant award.

Pros: There are no identified benefits to this alternative.

Cons: The Police Department would not be able to purchase the needed equipment, or the purchase of the equipment would be delayed.

Reason for Not Recommending: The FY 2023 COPS grant award does not require matching funds nor are there any requirements that result in a negative impact.

FISCAL IMPACT:

The grant does not require any matching funds. A budget appropriation of $124,855 is recommended to add to the Police Department’s FY 2022-23 operating budget for the purchase of the equipment and services within the scope of the spending plan. Per the Council approved Budget Guidelines, any unused funds related to this grant will be carried over to the next fiscal year.

California Environmental Quality Act (CEQA):

The City Council’s acceptance of the COPS grant is not an activity that is defined as a “project” under the California Environmental Quality Act (CEQA) as it is a government fiscal activity without a commitment to any specific project that may result in a potentially significant physical impact on the environment. Although the COPS grant funding may be used for a variety of projects, to analyze the impacts of those potential projects would be speculative at this time and future CEQA analysis will be conducted if and when those potential projects are considered.

RECOMMENDATION:

Accept the FY 2023 Citizens’ Option for Public Safety (COPS) Grant in the Amount of $124,855.00 for Font- Line Law Enforcement Services and Approve the Appropriation of Funds in the Total Amount of $124,855.00 to the Police Department’s FY2022-23 Operating Budget for Front-Line Law Enforcement Services

Attachment(s):

1. COPS 2023 Spending Plan

2. Budget Change Form

 Check if City Council Approval required. Meeting: April 4, 2023

Itemization of funds, if needed: Amount

Requested by: Division Head: Date:
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Item # C11.

Department Head: Date:

Reviewed by: Finance Director: Date:

Approved by: City Manager: Date:

Date approved by City Council, if required: Confirmed by:

FI/24786/V Form 30-222 (Rev. 1/92)
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Item # C11.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Accept Additional FY 2022 Citizens’ Option for Public Safety (COPS) Grant in the Amount of $75,657.69 for Front-Line Law Enforcement Services to be Spent in Alignment with the City Council Approved FY 2022 Spending Plan; and Approve the Appropriation of Funds in the Total Amount of $75,657.69 to the Police Department’s FY2022-23 Operating Budget for Front-Line Law Enforcement Services (Staff Contact: Jared Hernandez, Chief of Police, 408-586-2406) Category: Consent Calendar-Public Safety
Meeting Date: 4/4/2023
Recommendation: Accept additional FY 2022 Citizens’ Option for Public Safety (COPS) Grant in the amount of $75,657.69 for Front-Line Law Enforcement Services; and Approve the appropriation of funds in the total amount of $75,657.69 to the Police Department’s FY2022-23 Operating Budget for Front-Line Law Enforcement Services.

BACKGROUND:

In September of 2021, the California State Legislature, through the Citizens’ Option for Public Safety (COPS) grant program, awarded the City of Milpitas $115,913. On May 3, 2022, the City Council approved the Chief of Police’s spending plan (Attachment 1) as follows:

1. Safety Equipment

2. Interview Room Recording Equipment

3. Firearms Equipment

4. Community Engagement and Safety

In October of 2022, the City of Milpitas received an additional $75,657.69 for the FY 2022 COPS grant.

Government Code section 30062 specifies that these funds must be used exclusively for front-line law enforcement services.

ANALYSIS:

California Government Code section 30061 specifies that the City Council shall appropriate these funds exclusively for front line law enforcement services and in accordance with written requests submitted by the Chief of Police. The City of Milpitas is not required to provide matching funds. The Milpitas Police Department Has identified additional training and equipment that can be purchased with this additional funding. The Milpitas Police Department will utilize the additional funding within the scope of the previously approved spending plan categories of Safety Equipment and Community Engagement and Safety (Attachment 1).

POLICY ALTERNATIVE(S):

Alternative 1: Refuse the additional funding and modified spending plan for the 2022 Citizens’ Option for Public Safety (COPS) grant.

Pros: There are no identified benefits to this alternative.

Cons: The Police Department would not be able to purchase the needed equipment, or the purchase of the equipment would be delayed.

Reason for Not Recommending: The additional FY 2022 COPS award does not require matching funds nor are there any requirements that result in a negative impact.

FISCAL IMPACT: 128
Item # C12.

The grant does not require any matching funds. A budget appropriation of $75,657.69 is recommended to add to the Police Department’s FY 2022-23 operating budget for the purchase of safety equipment and community engagement & safety equipment/supplies. Per the Council approved Budget Guidelines, any unused funds related to this grant will be carried over to the next fiscal year.

California Environmental Quality Act (CEQA):

The City Council’s acceptance of the COPS grant is not an activity that is defined as a “project” under the California Environmental Quality Act (CEQA) as it is a government fiscal activity without a commitment to any specific project that may result in a potentially significant physical impact on the environment. Although the COPS grant funding may be used for a variety of projects, to analyze the impacts of those potential projects would be speculative at this time and future CEQA analysis will be conducted if and when those potential projects are considered.

RECOMMENDATION:

Accept Additional FY 2022 Citizens’ Option for Public Safety (COPS) Grant in the Amount of $75,657.69 for Front-Line Law Enforcement Services; and Approve the Appropriation of Funds in the Total Amount of $75,657.69 to the Police Department’s FY2022-23 Operating Budget for Front-Line Law Enforcement Services.

Attachment(s):

1. 2022 COPS Spending Plan

2. Budget Change Form

129
Item # C12.

MEMORANDUM
Milpitas Police Department

1275 N. Milpitas Blvd., Milpitas, CA 95035 www.ci.milpitas.ca.gov Superior Customer Service  Open Communication  Integrity and Accountability  Trust and Respect  Recognition and Celebration

DATE: May 3, 2022

TO: Honorable Mayor and City Council

THROUGH: Steven McHarris, City Manager

FROM: Jared Hernandez, Chief of Police

SUBJECT: FY 2022 Citizen Options for Public Safety (COPS) Grant

The City of Milpitas anticipates receiving FY 2022 Citizens Option for Public Safety (COPS) funds from the state pursuant to Government Code 30061-30063, in the amount of $115,913. These funds must be used to support front-line law enforcement services and must supplement and not supplant existing funding for front-line law enforcement services.

No City matching funds are required.

These funds shall be appropriated pursuant to written request from the Chief of Police of the law enforcement agency that provides police services for the city. The request shall specify the front-line law enforcement needs of the requesting entity including the personnel, equipment, and programs that are necessary to meet those needs.

Below are the recommended approximate expenditures for COPS grant monies for fiscal year 2022:

1. Safety Equipment $18,355

2. Interview Room Recording Equipment $60,893

3. Firearms Equipment $21,069

4. Community Engagement and Safety $15,596
Total: $115,913

Details on these spending areas are as follows:

1. Safety Equipment
The purchase of safety equipment designed for rapid deployment in the field will protect officers and citizens during critical incidents. Safety equipment, such as breaching equipment and communication headsets will ensure officers are properly equipped to deescalate situations, preserve life, and protect public safety.

130
Item # C12.

2 2. Interview Room Recording Equipment
Interview rooms within the police department and Great Mall substation are equipped to record (audio and video) interviews of suspects, victims, and witnesses during criminal investigations. Recordings are archived on a secure internal server. The current equipment is antiquated technology and has reached the end of its useful life. The purchase of a new recording system and relative maintenance plans will enable staff to conduct interviews more efficiently, provide secure reliable storage of archived digital recordings of interviews, and preserve critical evidence for criminal investigations.

3. Firearms Equipment
The purchase of rifles, accessories, and training equipment is necessary to maintain department inventory and ensure officers are properly trained in the use of the equipment and de-escalation techniques. The additional equipment will help ensure all personnel in the Field Services Division and specialty assignments, such as the Special Weapons and Tactics (SWAT) Team, and the Investigations Unit, are properly equipped and trained with reliable tools leveraging the latest proven technology.

4. Community Engagement and Safety
The Police Department currently hosts and participates in a variety of community events throughout the year to consistently build and maintain positive relationships with our community. The purchase of additional supplies, services, and equipment is needed to continue to fulfill the department’s community engagement efforts. The Police Department conducts crime prevention presentations, produces crime prevention media, and also deploys equipment and technology to deter and prevent criminal activity. The purchase of specialized equipment is necessary to prevent crime and enhance public safety efforts.

RECOMMENDATION:

Allocate the 2022 COPS grant funds ($115,913) to the above program areas.

131
Item # C12.

City of Milpitas, California

BUDGET CHANGE FORM

From To
Type of Change

Account

Amount

Account

Amount
Check one:

 Budget Appropriation
 Budget Transfer

261-3567

$75,657.69

261-7144223

$75,657.69

Explain the reason for the budget change:

Accept Additional FY 2022 Citizens’ Option for Public Safety (COPS) Grant in the Amount of $75,657.69 for Font -Line Law Enforcement Services; and Approve the Appropriation of Funds in the Total Amount of $75,657.69 to the Police Department’s FY2022-23 Operating Budget for Front-Line Law Enforcement Services (Staff Contact: Jared Hernandez, Chief of Police, 408-586-2406)

BACKGROUND:

In September of 2021, the California State Legislature, through the Citizens’ Option for Public Safety (COPS) grant program, awarded the City of Milpitas $115,913. On May 3, 2022, the City Council approved the Chief of Police’s spending plan as follows:

1. Safety Equipment

2. Interview Room Recording Equipment

3. Firearms Equipment

4. Community Engagement and Safety

In October of 2022, the City of Milpitas received an additional $75,657.69 for the FY 2022 COPS grant.

Government Code section 30062 specifies that these funds must be used exclusively for front -line law enforcement services.

ANALYSIS:

California Government Code section 30061 specifies that the City Council shall appropriate these funds exclusively for front line law enforcement services and in accordance with written requests submitted by the Chief of Police. The City of Milpitas is not required to provide matching funds. The Milpitas Police Department has identified additional training and equipment that can be purchased with this additional funding. The Milpitas Police Department will utilize the additional funding within the scope of the previously approve d spending plan categories of Safety Equipment and Community Engagement and Safety.

POLICY ALTERNATIVE(S):

Alternative 1: Refuse the additional funding and modified spending plan for the 2022 Citizens’ Option for Public Safety (COPS) grant.

Pros: There are no identified benefits to this alternative.

Cons: The Police Department would not be able to purchase the needed equipment, or the purchase of the equipment would be delayed.

Reason for Not Recommending: The additional FY 2022 COPS award does not req uire matching funds nor are there any requirements that result in a negative impact.
132
Item # C12.

FISCAL IMPACT:

The grant does not require any matching funds. A budget appropriation of $75,657.69 is recommended to add to the Police Department’s FY 2022-23 operating budget for the purchase of safety equipment and community engagement & safety equipment/supplies. Per the Council approved Budget Guidelines, any unused funds related to this grant will be carried over to the next fiscal year.

California Environmental Quality Act (CEQA):

The City Council’s acceptance of the COPS grant is not an activity that is defined as a “project” under the California Environmental Quality Act (CEQA) as it is a government fiscal activity without a commitment to any specific project that may result in a potentially significant physical impact on the environment. Although the COPS grant funding may be used for a variety of projects, to analyze the impacts of those potential projects would be speculative at this time and future CEQA analysis will be conducted if and when those potential projects are considered.

RECOMMENDATION:

Accept Additional FY 2022 Citizens’ Option for Public Safety (COPS) Grant in the Amount of $75,657.69 for Font -Line Law Enforcement Services; and Approve the Appropriation of Funds in the Total Amount of $75,657.69 to the Police Department’s FY2022-23 Operating Budget for Front-Line Law Enforcement Services

Attachment(s):

1. Budget Change Form

2. 2022 COPS Spending Plan

 Check if City Council Approval required. Meeting: April 4, 2023

Itemization of funds, if needed: Amount

Requested by: Division Head: Date:

Department Head: Date:

Reviewed by: Finance Director: Date:

Approved by: City Manager: Date:

Date approved by City Council, if required: Confirmed by:

FI/24786/V Form 30-222 (Rev. 1/92)
133
Item # C12.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Waive the Second Reading and Adopt Ordinance No. 120.50 to Amend Chapter 1 of Title VIII of the Milpitas Municipal Code Relating to Water Service Charges.” (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Lauren Lai, Director of Finance, 408-586-3111)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 4/4/2022
Recommendation: (1) Waive the second reading of Ordinance No. 120.50; and (2) Adopt Ordinance No. 120.50 to amend Chapter 1 of Title VIII of the Milpitas Municipal Code relating to water service charges.

BACKGROUND:

On March 21, 2023, the City Council introduced Ordinance No. 120.50 to amend Chapter 1 of Title VIII of the Milpitas Municipal Code to establish water and recycled water rates. This ordinance would establish water and recycled water rates for FY23/24 through FY 27/28. In accordance with State Regulations and Title 4, Chapter 3, Section 4.00 of the Milpitas Municipal Code, setting rates is necessary to ensure revenues cover all system operation and maintenance (O&M) costs and all capital improvement program (CIP) costs.

No changes were made to the ordinance introduced on March 21, 2023. Ordinance No. 120.50 is ready for adoption.

ANALYSIS:

Ordinance No. 120.50 would allow the City to establish water rates necessary to recover current projected costs for O&M and CIP, cost increases in wholesale water purchases and to maintain target reserve funds, per City policy and in accordance with Milpitas Municipal Code. For the five -year period (FY23/24 to FY27/28) water purchases are estimated to total $137 million. Operating costs are estimated to total $54.6 million and capital costs are estimated to total $32.6million. The rates and charges recommended will ensure the Water System meets or exceeds customer requirements for reliable service, avoids operational deficits and the depletion of reserves and maintains favorable cre dit ratings to minimize potential future debt services costs.

POLICY ALTERNATIVE(S):

Alternative 1: Do Not Adopt Ordinance 120.50

Pros: The existing water rates would remain in place.

Cons: The water fund would be in violation of the Municipal Code, which requires the water fund be operated as a self-supporting enterprise. The City would not have enough funds to pay for wholesale water and continue to operate and maintain the system, which in turn can jeopardize the City’s ability to meet mandated wat er quality standards. A delay in adjusting water rates also impacts the City’s ability to fund critical capital improvement projects needed to maintain system reliability and replace/rehabilitate the pipeline infrastructure.

Reason for not Recommending: Financially, no-action to increase water rates and charges will result in revenues falling below what is needed. This would result in the delay of construction of priority capital improvement projects and an increased risk of customer requirements for water quality and quantity not being met. By FY25/26, operating reserves would fall further below policy targets and the Water System will not 134 Item # C13.

generate sufficient revenues to pay for its wholesale water purchases and debt services obligations without impact to the General Fund. All reserves would be depleted by FY26/27 and future credit ratings would be impacted.

FISCAL IMPACT:

If Ordinance No. 120.50 is adopted, the water rate adjustments are adopted as presented, the new water rate and charges would generate enough revenues for the next five years to meet or exceed customer requirements for water quality and quantity, avoid operational deficits, depletion of reserves and maintains favorable credit ratings to minimize potential future debt services costs.

California Environmental Quality Act:

Adopting Ordinance No. 120.50 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:

1. Waive the second reading of Ordinance No. 120.50.

2. Adopt Ordinance No. 120.50 to amend Chapter 1 of Title VIII of the Milpitas Municipal Code relating to water service charges.”

Attachments:

1. Ordinance No. 120.50 (2nd Reading)

135
Item # C13.

REGULAR

NUMBER: 120.50

TITLE: AN ORDINANCE OF THE CITY OF MILPITAS AMENDING SECTION 6 OF CHAPTER 1,

TITLE VIII OF THE MILPITAS MUNICIPAL CODE RELATING TO WATER SERVICE

CHARGES

HISTORY: This Ordinance was introduced (first reading) by the City Council at its meeting of __________________, upon motion by __________________ and was adopted (second reading) by the City Council at its meeting of_____________, upon motion by __________________. Said Ordinance was duly passed and ordered published in accordance with law by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

__________________________________ ____________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

__________________________________
Michael Mutalipassi, City Attorney

136
Item # C13.
1 Ordinance No. 120.50

RECITALS AND FINDINGS:

WHEREAS, the provision of potable and recycled water services by the City of Milpitas (“City”) require the City to incur capital, operating, maintenance, replacement, and other costs related to the provision of such services; and

WHEREAS, the City engaged Raftelis to prepare a cost of service analysis and water rate study (the “Rate Study”); and

WHEREAS, as a result of the Rate Study, the City Council has determined that increases in the rates for its water service charges are in the best interests of the City a nd in keeping with sound business and financial managemen t of the water enterprises; and

WHEREAS, the City Council hereby finds and determines the following with regard to the proposed rate increases to the water service charges:

1. The rate structure for t he water service charges has three components: (a) a Water Meter Charge, which is a fixed bimonthly charge determined on the basis of the size of the water meter (in inches) serving a customer’s property and calculated to recover a portion of the City’s fixed costs in providing water service; (b) a Volumetric Charge, which is a uniform rate determined based on customer class, imposed on the basis of the amount of water delivered to a customer in hundreds of cubic feet (“HCF”) and calculated to recover a por tion of the City’s fixed and variable costs of providing water service; and (c) a Capital Surcharge imposed on the basis of the amount of water delivered to a customer in HCF and calculated to recover capital costs of the water system; and

2. The rate structure also has a Fire Meter Charge which is: (a) imposed on certain properties requiring a large private fire suppression system, and upon the request of the customer or property owner for the delivery of water to the property for the purpose of fire servic e protection; and (b) established on the basis of the size of the fire service line (in inches) and calculated to recover the cost of providing water to such properties for private fire service protection; and

WHEREAS, the City hereby finds and determines that in accordance with the provisions of California Constitution Article XIII D, Section 6 (“Article XIII D”):

1. The City identified the parcels upon which the water service charges are proposed to be imposed, and calculated the amount of the water service charges proposed to be imposed on each parcel; and

2. The City caused a written notice to be mailed to the record owners of property upon which the proposed water service charges will be imposed and the customers of each parcel upon which the pr oposed increases to the water service charges are proposed for imposition, which explained: (a) the amount of the water service charges; (b) the basis on which they were calculated; (c) the reason for the increases; and (d) the date, time, and location of the public hearing on the proposed increases; and

3. On March 21, 2023 (more than 45 days after mailing the notice), the City conducted a public hearing and considered all written protests against the proposed increases to the rates for the water service charges; and

4. At the conclusion of the public hearing, written protests against the proposed increases to the rates for the water service charges were not presented by a majority of property owners of record and customers subject to the proposed water service charges; and

WHEREAS, the adoption of the proposed increases to water service charges are statutorily exempt from the requirements of the California Environmental Quality Act under California Resources Code Section 21080(b)(8).

NOW THEREFORE, the City Council of the City of Milpitas does ordain as follows:

137
Item # C13.
2 Ordinance No. 120.50

SECTION 1. RECORD AND BASIS FOR ACTION

The City Council has duly considered the full record before it, which may include but is not limited to such things as the Rate Study, City staff report, testimony by staff and the public, and other materials and evidence submitted or provided to the City Council. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.

SECTION 2. AMENDMENT OF MILPITAS MUNICIPAL CODE VIII-1-6.13 THROUGH VIII-1-6.16

Sections VIII-1-6.13, VIII-1-6.14, VIII-1-6.15 and VIII-6.16 of the Milpitas Municipal Code are hereby amended to read as follows:

VIII-1-6.13 - Quantity Charges

The quantity charges include a volumetric charge and a capital surcharge. The uniform rates for the quantity charges are billed bimonthly and imposed per hundred cubic feet ("HCF") for metered water service. The rates and effective dates for the quantity charges shall be those set forth below.

RATES AND EFFECTIVE DATES FOR QUANTITY CHARGES ($/HCF)
7/1/2022 7/1/2023 7/1/2024 7/1/2025 7/1/2026 7/1/2027
Potable $6.70 $7.17 $7.64 $8.14 $8.67 $9.24
Recycled $4.51 $5.41 $5.77 $6.15 $6.55 $6.98
Capital $1.08 $1.14 $1.20 $1.26 $1.33 $1.40

FY = Fiscal Year
1 HCF = One Hundred Cubic Feet = 748 Gallons
VIII-1-6.14 - Bimonthly Water Meter Charges

(a) Water Meter Charges: The rates and the effective dates for the bimonthly water meter charges, determined on the basis of the size of the water meter, shall be as follows:

BIMONTHLY WATER METER RATES AND EFFECTIVE DATES FOR POTABLE WATER SERVICE CHARGE
($/SIZE OF WATER METER)

Meter Size
(Inches) 7/1/2022 7/1/2023 7/1/2024 7/1/2025 7/1/2026 7/1/2027 5/8 $34.10 $35.87 $38.21 $40.70 $43.35 $46.17
3/4 $51.14 $47.03 $50.09 $53.35 $56.82 $60.52
1 $85.24 $69.34 $73.85 $78.66 $83.78 $89.23
1-1/2 $170.48 $125.14 $133.28 $141.95 $151.18 $161.01 138
Item # C13.
3 Ordinance No. 120.50

2 $272.76 $192.10 $204.59 $217.89 $232.06 $247.15
3 $511.43 $404.13 $430.40 $458.38 $488.18 $519.92
4 $852.38 $716.60 $763.18 $812.79 $865.63 $921.90
6 $1,704.76 $1,464.29 $1,559.47 $1,660.84 $1,768.80 $1,883.78 8 $1,704.76 $3,138.22 $3,342.21 $3,559.46 $3,790.83 $4,037.24 10 $1,704.76 $4,700.56 $5,006.10 $5,331.50 $5,678.05 $6,047.13

BIMONTHLY WATER METER RATES AND EFFECTIVE DATES FOR RECYCLED WATER SERVICE CHARGE
($/SIZE OF WATER METER)

Meter Size
(Inches) 7/1/2022 7/1/2023 7/1/2024 7/1/2025 7/1/2026 7/1/2027 5/8 $34.10 $13.54 $14.43 $15.37 $16.37 $17.44
3/4 $51.14 $13.54 $14.43 $15.37 $16.37 $17.44
1 $85.24 $13.54 $14.43 $15.37 $16.37 $17.44
1-1/2 $170.48 $13.54 $14.43 $15.37 $16.37 $17.44
2 $272.76 $13.54 $14.43 $15.37 $16.37 $17.44
3 $511.43 $13.54 $14.43 $15.37 $16.37 $17.44
4 $852.38 $13.54 $14.43 $15.37 $16.37 $17.44
6 $1,704.76 $13.54 $14.43 $15.37 $16.37 $17.44
8 $1,704.76 $13.54 $14.43 $15.37 $16.37 $17.44
10 $1,704.76 $13.54 $14.43 $15.37 $16.37 $17.44

(b) For Temporary Construction Meter Customers, the bimonthly water meter charges shall be equal to the bimonthly water meter charges for three-inch water meters set forth in Section 6.14(a).

No adjustments shall be granted to any water account holder due to variation in the days of service for any bimonthly billing period. Acceptable days of service range from 50 to 69 days per bimonthly billing period.

VIII-1-6.15 - Fire Service Charges

The rates and effective dates for the bimonthly fire service charges, determined on the basis of the size of the fire service, shall be as follows:
139
Item # C13.
4 Ordinance No. 120.50

RATES AND EFFECTIVE DATES FOR FIRE SERVICE CHARGE
($/SIZE OF FIRE SERVICE LINE)

Line Size
(Inches) 7/1/2022 7/1/2023 7/1/2024 7/1/2025 7/1/2026 7/1/2027 2 $54.55 $54.55 $54.55 $54.55 $54.55 $54.55
3 $102.29 $102.29 $102.29 $102.29 $102.29 $102.29
4 $170.48 $170.48 $170.48 $170.48 $170.48 $170.48
6 $340.95 $340.95 $340.95 $340.95 $340.95 $340.95
8 $340.95 $340.95 $340.95 $340.95 $340.95 $340.95
10 $340.95 $340.95 $340.95 $340.95 $340.95 $340.95

Water flowing through fire suppression systems shall be used solely for the purpose of fire protection and testing of such fire protection systems. In the event that water service provided through fire suppression systems is used for purposes other than for fire protection or the testing of such fire protection systems, the quantity charges equal to the quantity charge rates (per HCF) for Commercial/Industrial/Institutional customers shall be imposed.

VIII-1-6.16 - Billing and Effective Dates of Water Rates and Charges Billing. After the Ordinance adopting the charges set forth in this Section goes into effect, customers shall be subject to the water service charges at the rates and on the effective dates set forth in 6.13 (Quantity Charges), 6.14 (Bimonthly Water Meter Charges), and 6.15 (Fire Service Charges), for services provided on or after July 1, 2023, July 1, 2024, July 1, 2025, July 1, 2026, and July 1, 2027 respectively. In the absence of amendment of the rates set forth herein or adoption of a new rate ordinance, the rates in effect on July 1, 2027, and set forth herein shall remain in effect until amended or repealed.

SECTION 3. SEVERABILITY
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remainder of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact t hat any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional, provided, however, that if any decision of a court of competent jurisdiction invalidates the increase of the water service charges set forth in this Ordinance, then the water service charges in effect on the date of adoption shall continue in existence.

SECTION 4. ORDINANCE PREVAILS
To the extent that any other provision of local law relating to the establishm ent of water charges is inconsistent with this Ordinance, the provisions of this Ordinance shall prevail. This Ordinance shall supersede all other previous City Council resolutions and ordinances that may conflict with, or be contrary to, this Ordinance.

SECTION 5. EFFECTIVE DATE AND POSTING
This Ordinance shall take effect thirty (30) days from and after the date of its passage. The City Clerk of the City of Milpitas shall cause this Ordinance or a summary thereof to be published in accordance with Section 36933 of the Government Code of the State of California.
140
Item # C13.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Waive the Second Reading and Adopt Ordinance No. 208.55 to Amend Chapter 2 of Title VIII of the Milpitas Municipal Code Relating to Sewer Service Charges.” (Staff Contact: Christian Di Renzo, Public Works Director, 408-586-2602; and Lauren Lai, Director of Finance, 408-586-3111)
Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 4/4/2022
Recommendation: (1) Waive the second reading of Ordinance No. 208.55; and (2) Adopt Ordinance No. 208.55 to amend Chapter 2 of Title VIII of the Milpitas Municipal Code relating to sewer service charges.

BACKGROUND:

On March 21, 2023, the City Council introduced Ordinance No. 208.55 to amend Chapter 2 of Title VIII of the Milpitas Municipal Code to establish sewer rates. This ordinance would establish sewer rates for FY23/24 through FY 27/28. In accordance with State Regulations and Title 4, Chapter 3, Section 4.00 of the Milpitas Municipal Code, setting rates is necessary to ensure revenues cover all system operation and maintenance (O&M) costs and all capital improvement program (CIP) costs. No changes were made to the ordinance introduced on March 21, 2023. Ordinance No. 208.55 is ready for adoption.

ANALYSIS:

Ordinance No. 208.55 would allow the City to establish sewer rates necessary to recover current and projected costs for O&M, CIP, the City’s share of the San Jose/Santa Clara Regional Wastewater Facility (RWF) operation and maintenance expenses and to maintain target reserve funds, per City policy and in accordance with Milpitas Municipal Code. For the five-year period (FY23/24 to FY27/28), City capital costs are estimated to total $34.6 million. The City’s share of capital costs for the RWF estimated by and passed through from City of San Jose for the same five-year period amounts to $30.1 million. The City’s operating costs are estimated to total $40.5 million and the City of San Jose total RWF treatment costs amount to $39.4 million. The rates and charges recommen ded will ensure the Sewer System meets or exceeds customer requirements for reliable service, avoids operational deficits and the depletion of reserves and maintains favorable credit ratings to minimize potential future debt services costs.

POLICY ALTERNATIVE(S):

Alternative 1: Do Not Adopt Ordinance 208.55

Pros: The existing sewer rates would remain in place.

Cons: The sewer fund would be in violation of the Municipal Code, which requires the sewer fund be operated as a self -supporting enterprise. This in turn will adversely impact future credit ratings for external financing needed to fund the City’s share of the capital program at the RWF, due in July 2023. A delay in adjusting sewer rates also impacts the City’s ability to fund critical capital improvement projects needed to maintain system reliability and replace/rehabilitate the pipeline infrastructure.

Reason for not Recommending: Financially, no-action to increase sewer rates and charges will result in revenues falling below what is needed. This would result in the delay of construction of priority capital improvement projects, such as FMA. Delaying FMA would further extend its risk for failure. Additionally, customer requirements for reliable service would not be met. By FY25/26, operating reserves would fall below 141 Item # C14.

policy level and the Sewer System will not generate sufficient revenues after the City pays RWF obligations, without impact to the General Fund. Subsidy of mobile homes would not be recommended. All reserves would be depleted by FY26/27 and future credit ratings would be impacted.

FISCAL IMPACT:

If Ordinance No. 208.55 is adopted, the new sewer rate and charges would generate enough revenues for the next five years to meet or exceed customer requirements for reliable service, avoid operational deficits, depletion of reserves and maintains favorable credit ratings to minimize potential future debt services costs.

A total late fee (Fund 109) utility subsidy in the approximate amount of $109,481 will be needed to supplement mobile home customers from FY23/24 to FY 26/27.

California Environmental Quality Act:

Adopting Ordinance No. 208.55 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:

1. Waive the second reading of Ordinance No. 208.55.

2. Adopt Ordinance No. 208.55 to amend Chapter 2 of Title VIII of the Milpitas Municipal Code relating to sewer service charges.”

Attachments:

1. Ordinance No. 208.55 (2nd Reading)

142
Item # C14.

REGULAR
NUMBER: 208.55
TITLE: AN ORDINANCE OF THE CITY OF MILPITAS AMENDING SECTION 6 OF CHAPTER 2,

TITLE VIII OF THE MILPITAS MUNICIPAL CODE RELATING TO SEWER SERVICE

CHARGES
HISTORY: This Ordinance was introduced (first reading) by the City Council at its meeting of ___________________, upon motion by ___________________ and was adopted (second reading) by the City Council at its meeting of ____________, upon motion by ___________________. Said Ordinance was duly passed and ordered published in accordance with law by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED:

________________________________ _________________________ Suzanne Guzzetta, City Clerk Carmen Montano, Mayor

APPROVED AS TO FORM:

________________________________
Michael Mutalipassi, City Attorney

143
Item # C14.
1 Ordinance No. 208.55

RECITALS AND FINDINGS:

WHEREAS, the sewage collection and treatment services of the City of Milpitas (“City”) require the City to incur capital, operating, maintenance, replacement, treatment, and other costs related to providing such services; and

WHEREAS, the City engaged Raftelis to prepare a cost of service analysis and sewer rate study (the “Rate Study”); and

WHEREAS, as a result of the Rate Study, the City Council has determined that increases in the rates for its sewer service charges are in the best interests of the City and in keeping with sound business and financial management of the sewer enterprises do not exceed the cost of providing such services; and

WHEREAS, the proposed rates are determined based on customer class, including residential, commercial, monitored sites, non-monitored sites, and institutional customers, which classes are determined based on common sewage characteristics, including flow and strength of sewage and patterns and levels of demands placed on the sewer system, and

WHEREAS, the proposed rates for residential customers include a flat rate, determined based on the number of dwelling units, and the prop osed rates for non -residential customers include both a uniform fixed flat fee, and a variable charge measured by hundred cubic feet (HCF) of metered water consumption, which varies based on the particular property type; and

WHEREAS, as a result of the Ra te Study, the City Council has determined that a subsidy of the sewer service charge is necessary for Mobile home parks, in order to offset some of the sewer service charge resulting from realigning the flow for the mobile home parks with the flow values r ecommended in San Jose’s 2015 Residential Flow Study, and such subsidy shall be paid by the City’s general fund from legal available funds; and

WHEREAS, the City hereby finds and determines that in accordance with the provisions of California Constitution article XIII D, section 6 (“Article XIII D”):

1. The City identified the parcels upon which the sewer service charges are proposed to be imposed, and calculated the amount of the sewer service charges proposed to be imposed on each parcel; and

2. The City caused a written notice to be mailed to the record owners of property upon which the proposed sewer service charges will be imposed and the customers of each parcel upon which the proposed increases to the sewer service charges are proposed for imposition, w hich explained: (a) the amount of the sewer service charges; (b) the basis on which they were calculated; (c) the reason for the increases; and (d) the date, time, and location of the public hearing on the proposed increases; and

3. On March 21, 2023 (more than 45 days after mailing the notice), the City conducted a public hearing and considered all written protests against the proposed increases to the rates for the sewer service charges; and

4. At the conclusion of the public hearing, written protests against the proposed increases to the rates for the sewer service charges were not presented by a majority of property owners of record and customers subject to the proposed water service charges; and

WHEREAS, the adoption of the proposed increases to sew er service charges is statutorily exempt from the requirements of the California Environmental Quality Act under California Resources Code Section 21080 (b)(8).

NOW THEREFORE, the City Council of the City of Milpitas does ordain as follows:

144
Item # C14.
2 Ordinance No. 208.55

SECTION 1. RECORD AND BASIS FOR ACTION

The City Council has duly considered the full record before it, which may include but is not limited to such things as the City staff report, testimony by staff and the public, and other materials and evidence submitted or provided to the City Council. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.

SECTION 2. AMENDMENT OF MILPITAS MUNICIPAL CODE VIII-2-6.01

Section VIII-2-6.01 of the Milpitas Municipal Code is hereby amended to read as follows:

VIII-2-6.01 - Sewer Service Charges
The charges for sewer service shall be as set forth below and are limited to the actual cost of providing sewer service. The rates and effective dates for the sewer charges shall be those set forth below.

The following amounts shall be assessed upon each premise maintaining a sewer connection with the City's sewage system.
(a) Residential - Bimonthly for Each Dwelling Unit.

Category Sewer Charge
7/1/2022
Sewer Charge
7/1/2023
Sewer Charge
7/1/2024
Sewer Charge
7/1/2025
Sewer Charge
7/1/2026
Sewer Charge
7/1/2027
Single Family $124.14 $128.44 $133.58 $138.93 $144.49 $150.27 Multi-Family $95.34 $97.96 $101.88 $105.96 $110.20 $114.61 Mobile Home $78.28 $84.42 $91.05 $98.20 $105.91 $114.22

(b) Commercial, Industrial and Miscellaneous Premises. (1) Flat Rate: For non-residential accounts, there shall be a flat rate assessed every billing cycle during which normal billing takes place, regardless of the amount of sewage discharged. The Flat Rates and effective dates for the sewer charges shall be tho se set forth below to defray billing and sewer system administration costs.

7/1/2022 7/1/2023 7/1/2024 7/1/2025 7/1/2026 7/1/2027
Flat Rate $27.35 $29.25 $30.43 $31.65 $32.92 $34.24

(2) Quantity and Strength Charges: For each commercial, industrial, or miscellaneous premises, a charge for each 100 cubic feet of water used per billing cycle shall be charged as follows:

Category 7/1/2023
Rate
7/1/2023
Rate
7/1/2024
Rate
7/1/2025
Rate
7/1/2026
Rate
7/1/2027
Rate
Schools/Colleges $9.99 $11.58 $12.04 $12.53 $13.04 $13.57 145
Item # C14.
3 Ordinance No. 208.55

Motels/Hotels $5.75 $5.64 $5.88 $6.12 $6.37 $6.63
General Office $6.84 $6.92 $7.20 $7.49 $7.79 $8.11
City of Milpitas $5.80 $5.59 $5.82 $6.06 $6.31 $6.57
Service Stations $5.70 $5.61 $5.84 $6.08 $6.33 $6.59
Eat/Drink Establishments $9.06 $10.88 $11.32 $11.78 $12.26 $12.76 Convalescent Hosp/Daycare $5.60 $5.45 $5.67 $5.90 $6.14 $6.39 Personal Services, Laundries $5.31 $4.97 $5.17 $5.38 $5.60 $5.83 Electrical/Electronic $6.72 $6.82 $7.10 $7.39 $7.69 $8.00 Machinery Manufacture $8.43 $9.92 $10.32 $10.74 $11.17 $11.62 Rocktenn (Jefferson Smurfit*) $10.46 $10.79 $11.23 $11.68 $12.15 $12.64 T. Marzetti Co. * $12.09 $11.17 $11.62 $12.09 $12.58 $13.09 Prudential Overall Supply $8.42 $9.88 $10.28 $10.70 $11.13 $11.58 Evoqua Water Technologies $7.06 $6.40 $6.66 $6.93 $7.21 $7.50 Elmwood Rehabilitation $6.69 $7.78 $8.09 $8.42 $8.76 $9.12 Linear Technology $6.88 $6.62 $6.89 $7.17 $7.46 $7.76
DS Waters of America $6.04 $5.38 $5.61 $5.84 $6.08 $6.33 Magic Tech & Headway Tech $7.32 $7.73 $8.04 $8.37 $8.71 $9.06 Lucky Pure Water* $5.29 $4.95 $5.15 $5.36 $5.58 $5.81
Milpitas Materials* $5.29 $4.95 $5.15 $5.36 $5.58 $5.81 Union Pacific Railroad $7.35 $7.85 $8.17 $8.50 $8.84 $9.20 Cisco* $6.72 $6.82 $7.10 $7.39 $7.69 $8.00

*These industrial customers are subject to sewer charge adjustments based on their sewer volumes, as indicated in their sewer flow adjustment agreements.
(3) City of San Jose for properties known as North McCarthy Properties: $555.00 bimonthly for any discharge up to 75,000 gallons per day (maximum flow). Excess flow charge of $100.00 for each 1,000 gallons per day in excess of the maximum flow or part thereof.
(c) Purpose of Charge. The purpose of the sewer service charges stated herein is to defray the City's cost for operation and maintenance of the City's facilities, capital improvement costs, the City's proportionate share of costs at the San Jose-Santa Clara Water Pollution Control Plant and the debt service related thereto, and other costs related to the provision of sewage collection and treatment. (d) Billing. After the ordinance adopting the charges set forth herein goes into effect, customers shall be subject to the sewer service charges set forth in 6.01, for services provided on or after July 1, 2023, July 1, 2024, July 1, 2025, July 1, 2026, and July 1, 2027 respectively. In the absence of amendment of the rates set 146
Item # C14.
4 Ordinance No. 208.55

forth herein or adoption of a new rate ordinance, the rates in effect on July 1, 2027, and set forth herein shall remain in effect until amended or repealed.

SECTION 3. SEVERABILITY

The provisions of this Ordinance are separable, and the invalidity of any phrase, clause, provision or part shall not affect the validity of the remainder.

SECTION 4. ORDINANCE PREVAILS

To the extent that any other provision of local law relating to the establishment of sewer service charges is inconsistent with this Ordinance, the provisions of this Ordinance shall prevail. This Ordinance shall supersede all other previous City Council resolutions and ordinances that may conflict with, or be contrary to, this Ordinance.

SECTION 5. EFFECTIVE DATE AND POSTING

This Ordinance shall take effect thirty (30) days from and after the date of its passage. The City Clerk of the City of Milpitas shall cause this Ordinance or a summary thereof to be published in accordance with Section 36933 of the Government Code of the State of California.

147
Item # C14.

CITY OF MILPITAS

AGENDA REPORT
(AR)

Item Title: Consider Two Fee Waiver Requests and One Donation Request from the Christian Worship Center, FAREPA, and Milpitas High School Aerotech Club (Staff Contact:

Renee Lorentzen, Director of Recreation and Community Services, 408-586-3409) Category: Consent Calendar-Community Services and Sustainable Infrastructure Meeting Date: 4/4/2023
Recommendation:
1) Approve a Fee Waiver of $1,500 for the Christian Worship Center’s Annual Community Easter Egg Hunt at Gill Park on Sunday, April 8, 2023;

2) Approve a Fee Waiver of $830 for FAREPA Silicon Valley, Inc. for their ADU Workshop at the Milpitas Community Center on May 13, 2023;

3) Approve a Donation of $500 to the Milpitas Unified School District’s Milpitas High School Aerotech Club to participate in the American Rocketry Competition on May 20, 2023.

BACKGROUND:

On January 10, 2023, staff received a Donation and Fee Waiver/Reduction Policy request from the Christian Worship Center in Milpitas for their annual Community Easter Egg Hunt event scheduled for April 8, 2023, at Peter Gill Memorial Park. The request is for a $1,500 fee waiver for the Special Event Permit and Open Space rental costs.

On March 20, 2023, staff received a Donation and Fee Waiver/Reduction Policy request from the Milpitas Unified School District’s Milpitas High School Aerotech Club for the American Rocketry Competition on May 20, 2023, in The Plains, Virginia. The request is for a $500 donation for the Aerotech Club to participate in the competition.

On March 24, 2023, staff received a Donation and Fee Waiver/Reduction Policy request from Filipino American Real Estate Professionals Association (FAREPA) Silicon Valley, Inc. for their annual ADU Workshop on May 13, 2023, at the Milpitas Community Center. The request is for a $830 fee waiver for the event space rental costs.

ANALYSIS:

Three Donation and Fee Waiver/Reduction Policy request applications were received by the Recreation and Community Services Department. Applications included two (2) requests for fee waivers and one (1) request for a donation.

Fee Waiver Requests

The Christian Worship Center of Milpitas submitted the required applications and documentation for the Community Easter Egg Hunt event which includes:

- Indoor Space Rental Application for Milpitas Community Center Auditorium - Special Event Permit
- City Council Donation and Fee Waiver/Reduction Policy request - Non-profit status letter
148
Item # C15.

Christian Worship Center is requesting that City Council waive eligible fees for the Open Space Rental and Special Event Permit in the amount of $1,500. Fees ineligible for waiver include the rental application fee of $31, Special Event Permit automation fee of $37.47 and credit card fee of $24.56, and refundable security/damage deposit of $1,000. Refundable security/damage deposits are refunded within 30 days of the rental.

FAREPA Silicon Valley, Inc. submitted the required applications and documentation for the ADU Workshop event which includes:

- Indoor Space Rental Application for Milpitas Community Center Auditorium - City Council Donation and Fee Waiver/Reduction Policy request - Non-profit status letter

FAREPA is requesting that City Council waive eligible fees for the rental fees in the amount of $830. Fees ineligible for waiver include the rental application fee of $31 and refundable security/damage deposit of $500.

Refundable security/damage deposits are refunded within 30 days of the rental.

Donation Request

The Milpitas High School Aerotech Club submitted the required application and documentation for the American Rocketry Competition which includes:

- City Council Donation and Fee Waiver/Reduction Policy request - Non-profit status letter

The Aerotech Club is requesting that City Council make a Donation to the club for their students’ participation in the competition in the amount of $500.

Milpitas City Council adopted an updated “City Council Donation and Fee Waiver/Reduction Policy” on June 21, 2022. Per the policy, eligible organizations can request City fees to be waived up to $1,500 or a donation amount up to $500 to be granted upon request. Eligible organizations are defined as “a non-profit organization as described by the Internal Revenue Section such as 501(c)(3) or an intergovernmental agency; Non- discriminatory, and non-political in nature.” Fee Waiver or Donation requests for events must provide a community benefit within the City of Milpitas proper. Applying organizations must provide proof of non-profit status from the federal Internal Revenue Service or the state Franchise Tax Board.

As required, the Christian Worship Center, FAREPA, and Milpitas High School Aerotech Club have provided copies of their respective determination letters from the Internal Revenue Service stating they are tax-exempt organizations. All applicants meet the requirements as outlined in the Council adopted Donation and Fee Waiver/Reduction Policy.

POLICY ALTERNATIVE(S):

Alternative: Do not approve any one or combination of received fee waivers and donation applications as requested.

Pros: The City’s General Fund will not incur the costs of the fees waived.

Con: Denial of the request may not allow the non-profit organization to hold their events.

Reason not recommended: This request is consistent with the Council approved Policy.

FISCAL IMPACT:
$25,000 was approved and included in the FY 2022-23 City budget for City Council’s Unallocated Community Promotions with a current balance of $18,966. If these requests are approved by City Council, then $16,136 would remain in that line item of the current year’s budget. 149 Item # C15.

RECOMMENDATION:
1) Approve a Fee Waiver of $1,500 for the Christian Worship Center’s Annual Community Easter Egg Hunt at Gill Park on April 8, 2023;

2) Approve a Fee Waiver of $830 for FAREPA Silicon Valley, Inc. for their ADU Workshop at the Milpitas Community Center on May 13, 2023;

3) Approve a Donation of $500 to the Milpitas Unified School District’s Milpitas High School Aerotech Club to participate in the American Rocketry Competition on May 20, 2023.

Attachment(s):

1. Christian Worship Center Application and Internal Revenue Service (IRS) non-profit letter

2. FAREPA Application and Internal Revenue Service (IRS) non-profit letter

3. Milpitas High School Application and Internal Revenue Service (IRS) non-profit letter

4. City Council Donation and Fee Waiver/Reduction Policy 150
Item # C15.
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Item # C15.
153
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154
Item # C15.
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/75/2/3/13/i255/41/34/13/2/3/13/14/18 /44/i255/85/32/46/i255/18/44/18/86/i255/21/i255/70/70/87/86/19/87/88/89/i255/90/85 /75/2/3/13/i255/63/12/14/2/3/13/14/i255
155
Item # C15.
/0/1/i255/3/4/4/5/6/7/7/8 /9/10/11/8/12/10/13/11/14/10/11/15 156
Item # C15.

STATE OF CALIFORNIA

FRANCHISE TAX BOARD
PO BOX 942857
SACRAMENTO CA 94257-0540
Entity Status Letter
Date:

ESL ID:

Why You Received This Letter
According to our records, the following entity information is true and accurate as of the date of this letter.

Entity ID:

Entity Name:

1. The entity is in good standing with the Franchise Tax Board.

2. The entity is not in good standing with the Franchise Tax Board.

3. The entity is currently exempt from
tax under Revenue and Taxation Code (R&TC) Section 23701

4. We do not have current information about the entity.

5. The
entity was administratively dissolved/cancelled on through the Franchise Tax Board Administrative Dissolution process.

Important Information
• This information does not necessarily reflect the entity's current legal or administrative status with any other agency of the state of California or other governmental agency or body. • If the entity's powers, rights, and privileges were suspended or forfeited at any time in the past, or if the entity did business in California at a time when it was not qualified or not registered to do business in California, this information does not reflect the status or voidability of contracts made by the entity in California during the period the entity was suspended or forfeited (R&TC Sections 23304.1, 23304.5, 23305a, 23305.1).
• The entity certificate of revivor may have a time limitation or may limit the functions the revived entity can perform, or both (R&TC Section 23305b).

Connect With Us
Web:

Phone:
ftb.ca.gov
800-852-5711 from 7 a.m. to 5 p.m. weekdays, except state holidays 916
-845-6500 from outside the United States
California
Relay Service: 711711 or 800-735-2929 (For persons with hearing or speech impairments) FTB 4263A WEB (REV 12-2019)
3/30/2023
6283310194
8019531

MILPITAS UNIFIED
d.
157
Item # C15.
/0/1/2/3/i255/5/6/i255/7/1/8/9/1/2/10/11/i255/0/1/2/3/i255/0/5/12/13/14/1/8/i255/15/5/13/16/17/18/5/6/1/2/i255/19/5/13/10/2/1/5/13/20/21/22/22/i255/23/10/1/24/22/18/i255/25/22/26/12/27/27/27/i255/28/29 /30/31/32/33/i255/35/36/i255/37/38/39/31/40/41/42/31/43/41/35/40/21 /44/25/45/17/44/i255/46/47/48/47/0/49/15/i255/50/44/48/48/45/51/i255/47/15/0 /52/53/i255/43/54/33/38/33/i255/31/i255/55/41/56/57/41/43/31/53 /58/38/31/40/59/54/i255/35/38/i255/60/36/36/41/56/41/31/43/41/35/40/61 /i255/51/22/11
/37/38/39/31/40/41/42/31/43/41/35/40/i255/60/62/62/38/33/53/53/i255/63/31/53 /56/41/53/43/33/62/i255/35/40/i255/64/35/65/38/i255/66/67/68/i255/63/59/69/i255/70/69 /71/71/72/72/i255/7/5/5/18/9/10/18/73/i255/44/24/22/i255/46/2/22/i255/72/74/75 /46/10/13/i255/76/5/11/22/77/i255/0/44/i255/78/79/72/71/80 /81/13/1/2/22/82/i255/46/2/10/2/22/11
/37/38/39/31/40/41/42/31/43/41/35/40/i255/83/33/84/i255/85/41/43/33/86 /2/2/9/11/87/20/20/88/88/88/27/6/10/18/22/9/10/27/5/18/89/20 /37/38/39/31/40/41/42/31/43/41/35/40/i255/90/35/40/43/31/59/43 /30/31/32/33 /91/1/89/18/10/13/i255/92/10/73/14/86/10/89/3/10/13 /37/38/39/31/40/41/42/31/43/41/35/40/i255/90/35/40/43/31/59/43 /93/54/35/40/33 /94/74/75/80/95/i255/80/80/96/16/74/78/29/97 /37/38/39/31/40/41/42/31/43/41/35/40/i255/90/35/40/43/31/59/43 /98/32/31/41/56 /2/1/89/18/10/13/99/10/73/14/86/10/89/3/10/13/100/73/88/27/14/5/101 /102/33/103/65/33/53/43/i255/104/64/57/33
/i255/21/22/22/i255/23/10/1/24/22/18/i255/94/12/9/i255/2/5/i255/105/72/77/79/75/75/95 /102/33/103/65/33/53/43/33/62/i255/60/32/35/65/40/43
/63/38/33/103/65/33/53/43/i255/43/64/57/33/53/i255/59/31/40/40/35/43/i255/84/33 /59/35/32/84/41/40/33/62/i255/35/38/i255/33/106/59/33/33/62 /32/31/106/41/32/65/32/i255/56/41/53/43/33/62
/31/32/35/65/40/43/53/69
/80/97/75
/107/33/53/59/38/41/57/43/41/35/40/i255/35/36/i255/108/53/33/i255/35/36 /109/65/40/62/53/110/109/33/33/53/i255/43/35/i255/84/33 /83/31/41/111/33/62
/50/22/13/12/22/i255/14/5/11/2/i255/6/22/22/i255/88/10/1/24/22/18/i255/6/5/18/i255/14/5/101/101/12/13/1/2/3/i255/22/82/12/14/10/2/1/5/13 /98/111/33/40/43/i255/30/31/32/33 /44/19/81/i255/23/5/18/73/11/86/5/9 /98/111/33/40/43/i255/107/31/43/33/63/53/69/7 /10 /3/i255/72/97/77/i255/71/75/71/97 /98/111/33/40/43/i255/112/35/59/31/43/41/35/40/i255/63/109/31/59/41/56/41/43/64 /30/31/32/33/i255/31/40/62/i255/60/62/62/38/33/53/53/69 /7/1/8/9/1/2/10/11/i255/0/5/101/101/12/13/1/2/3/i255/0/22/13/2/22/18 /52/53/i255/64/35/65/38/i255/98/111/33/40/43/i255/37/57/33/40/i255/43/35 /43/54/33/i255/93/65/84/56/41/59 /51/22/11
/83/54/31/43/i255/41/53/i255/43/54/33/i255/57/65/38/57/35/53/33/i255/35/36/i255/43/54/33/i255/98/111/33/40/43/61 /91/86/22/i255/9/12/18/9/5/11/22/i255/5/6/i255/2/86/22/i255/22/24/22/13/2/i255/1/11/i255/2/5/i255/22/82/12/14/10/2/22/i255/2/86/22/i255/14/5/101/101/12/13/1/2/3/i255/10/99/5/12/2/i255/2/86/22/i255/101/10/13/3/i255/9/18/5/89/18/10/101/11/i255/10/24/10/1/8/10/99/8/22/i255/6/5/18/i255/99/12/1/8/82/1/13/89/i255/44/19/81/11/i255/10/13/82/i255/2/86/22/i255/9/18/5/14/22/11/11/i255/5/6/i255/99/12/1/8/82/1/13/89 /10/13/i255/44/19/81/27/i255/23/22/i255/88/10/13/2/i255/2/5/i255/22/82/12/14/10/2/22/i255/2/86/22/i255/14/5/101/101/12/13/1/2/3/i255/10/99/5/12/2/i255/2/86/22/i255/99/22/13/22/6/1/2/11/i255/5/6/i255/86/10/24/1/13/89/i255/10/13/i255/44/19/81/27 /113/35/114/i255/114/41/56/56/i255/43/54/33/i255/55/41/56/57/41/43/31/53/i255/90/35/32/32/65/40/41/43/64/i255/58/33/40/33/36/41/43/i255/36/38/35/32/i255/43/54/41/53/i255/98/111/33/40/43/61 /23/22/i255/10/18/22/i255/12/11/1/13/89/i255/2/86/1/11/i255/22/24/22/13/2/i255/2/5/i255/22/82/12/14/10/2/22/i255/2/86/22/i255/7/1/8/9/1/2/10/11/i255/14/5/101/101/12/13/1/2/3/i255/10/99/5/12/2/i255/2/86/22/i255/99/22/13/22/6/1/2/11/i255/5/6/i255/99/12/1/8/82/1/13/89/i255/10/13/i255/44/19/81/i255/1/13/i255/2/86/22/1/18/i255/86/5/101/22/27/i255/23/22/i255/10/18/22/i255/8/5/5/73/1/13/89/i255/2/5 /9/18/5/101/5/2/22/i255/86/5/12/11/1/13/89/i255/5/9/2/1/5/13/11/i255/10/13/82/i255/10/24/10/1/8/10/99/1/8/1/2/3/i255/1/13/i255/2/86/22/i255/7/1/8/9/1/2/10/11/i255/14/5/101/101/12/13/1/2/3/27 /83/54/31/43/i255/41/53/i255/64/35/65/i255/31/40/43/41/59/41/57/31/43/33/62 /98/111/33/40/43/i255/31/43/43/33/40/62/31/40/59/33/61 /79/75 /83/54/31/43/i255/57/33/38/59/33/40/43/31/39/33/i255/35/36/i255/64/35/65/38 /33/111/33/40/43/i255/36/65/40/62/38/31/41/53/41/40/39
/57/38/35/59/33/33/62/53/i255/114/41/56/56/i255/84/33/40/33/36/41/43/i255/43/54/33 /55/41/56/57/41/43/31/53/i255/90/35/32/32/65/40/41/43/64/61 /15/5/13/22/77/i255/2/86/1/11/i255/1/11/i255/13/5/2/i255/10/i255/6/12/13/82/18/10/1/11/22/18 158
Item # C15.
/0/1/2/i255/2/4/5/5/i255/6/7/8/i255/9/4/6/10/11/12/i255/13/1/14/6/15/4/16/17/6/4/1/14/i255/18/4/19/i255/20/21/21/15/1/22/8/23/24/i255/16/8/i255/15/8/13/1/25/14/4/26/8/23/i255/4/14/i255/8/22/8/14/6/i255/27/8/23/4/20/i255/20/14/23/i255/21/17/16/5/4/13/4/6/10/28 /29/30/i255/32/33/34/34/i255/35/30/i255/36/37/38/39/38/40/33/41/42/i255/43/33/34/36/33/40/44/45/i255/44/41/46/i255/33/40/45/i255/47/38/41/40/37/33/35/48/40/33/38/41/45/i255/40/38/i255/49/34/33/30/37/i255/39/44/33/34/30/37/45/i255/44/41/46/i255/45/38/47/33/44/34/i255/39/30/46/33/44/i255/36/38/45/40/45/50/i255/44/45/i255/32/30/34/34/i255/44/45/i255/36/37/38/39/38/40/33/38/41/i255/38/41/i255/38/48/37/i255/32/30/35/45/33/40/30/51 /52/21/5/1/20/23/i255/10/1/17/15/i255/53/14/6/4/6/10
/54/6/20/6/17/12/i255/55/8/6/6/8/15/i255/18/53/14/6/4/6/10 /56/20/27/8/i255/5/4/12/6/8/23/i255/1/14/i255/6/7/4/12
/20/21/21/5/4/13/20/6/4/1/14/i255/27/17/12/6/i255/27/20/6/13/7 /6/7/8/i255/53/14/6/4/6/10/i255/54/6/20/6/17/12/i255/55/8/6/6/8/15 /56/20/27/8/24
/57/41/40/33/40/58/i255/59/40/44/40/48/45/i255/60/30/40/40/30/37/51/36/46/49 /61/4/6/7/4/14/i255/62/63/i255/23/20/10/12/i255/20/19/6/8/15 /13/1/27/21/5/8/6/4/1/14/i255/1/19/i255/6/7/8/i255/8/22/8/14/6 /19/1/15/i255/2/7/4/13/7/i255/20/i255/23/1/14/20/6/4/1/14/i255/2/20/12 /15/8/13/8/4/22/8/23/i255/1/15/i255/20/i255/19/8/8/i255/2/20/4/22/8/15 /2/20/12/i255/25/15/20/14/6/8/23/i255/16/10/i255/6/7/8/i255/9/4/6/10 /1/19/i255/64/4/5/21/4/6/20/12/65/i255/10/1/17/15
/1/15/25/20/14/4/26/20/6/4/1/14/i255/2/4/5/5/i255/21/15/1/22/4/23/8 /20/i255/15/8/21/1/15/6/i255/6/1/i255/6/7/8/i255/66/4/15/8/13/6/1/15 /1/19/i255/67/8/13/15/8/20/6/4/1/14/i255/20/14/23
/9/1/27/27/17/14/4/6/10/i255/54/8/15/22/4/13/8/12/i255/6/1 /4/14/13/5/17/23/8/i255/20/6/i255/27/4/14/4/27/17/27/68 /14/17/27/16/8/15/i255/1/19/i255/21/20/15/6/4/13/4/21/20/14/6/12/65 /13/1/21/4/8/12/i255/1/19/i255/20/5/5/i255/21/17/16/5/4/13/4/6/10/i255/1/19 /6/7/8/i255/8/22/8/14/6/65/i255/20/14/10/i255/16/8/14/8/19/4/6/i255/6/1 /6/7/8/i255/13/1/27/27/17/14/4/6/10/65/i255/20/27/1/17/14/6 /1/19/i255/19/17/14/23/12/i255/15/20/4/12/8/23/i255/20/14/23/i255/20/14 /20/13/13/1/17/14/6/4/14/25/i255/1/19/i255/7/1/2/i255/6/7/8 /21/15/1/13/8/8/23/12/i255/1/19/i255/6/7/8/i255/8/22/8/14/6 /2/4/5/5/i255/16/8/i255/23/4/12/21/8/15/12/8/23/69/i255/70/20/4/5/17/15/8 /6/1/i255/20/16/4/23/8/i255/16/10/i255/6/7/8/i255/15/17/5/8/12/i255/20/14/23 /21/15/1/13/8/23/17/15/8/12/i255/12/8/6/i255/19/1/15/6/7/i255/4/14 /6/7/8/i255/9/4/6/10/i255/9/1/17/14/13/4/5
/66/1/14/20/6/4/1/14/71/70/8/8/i255/61/20/4/22/8/15
/72/1/5/4/13/10/i255/2/4/5/5/i255/15/8/12/17/5/6/i255/4/14/i255/6/7/8 /1/15/25/20/14/4/26/20/6/4/1/14/i255/16/8/4/14/25
/23/8/14/4/8/23/i255/19/1/15/i255/19/17/14/23/4/14/25
/20/14/23/71/1/15/i255/19/8/8/i255/2/20/4/22/8/15/i255/4/14/i255/6/7/8 /19/17/6/17/15/8/69/i255/66/15/20/2/i255/10/1/17/15
/12/4/25/14/20/6/17/15/8/i255/4/14/6/1/i255/6/7/8/i255/16/1/73 /16/8/5/1/2/69
/57/41/40/37/58/i255/74/41/49/38 /i255
/66/20/6/8/i255/9/15/8/20/6/8/23 /75/76/i255/43/44/37/i255/75/77/75/78/i255/79/i255/80/75/81/77/82/81/76/83/i255/84/43 /66/20/6/8/i255/52/21/23/20/6/8/23 /i255
/85/72/i255/86/23/23/15/8/12/12 /80/78/76/51/75/78/87/51/80/83/83/51/80/75/83 159
Item # C15.

STATE OF CALIFORNIA

FRANCHISE TAX BOARD
PO BOX 942857
SACRAMENTO CA 94257-0540
Entity Status Letter
Date:

ESL ID:

Why You Received This Letter
According to our records, the following entity information is true and accurate as of the date of this letter.

Entity ID:

Entity Name:

1. The entity is in good standing with the Franchise Tax Board.

2. The entity is not in good standing with the Franchise Tax Board.

3. The entity is currently exempt from
tax under Revenue and Taxation Code (R&TC) Section 23701

4. We do not have current information about the entity.

5. The
entity was administratively dissolved/cancelled on through the Franchise Tax Board Administrative Dissolution process.

Important Information
• This information does not necessarily reflect the entity's current legal or administrative status with any other agency of the state of California or other governmental agency or body. • If the entity's powers, rights, and privileges were suspended or forfeited at any time in the past, or if the entity did business in California at a time when it was not qualified or not registered to do business in California, this information does not reflect the status or voidability of contracts made by the entity in California during the period the entity was suspended or forfeited (R&TC Sections 23304.1, 23304.5, 23305a, 23305.1).
• The entity certificate of revivor may have a time limitation or may limit the functions the revived entity can perform, or both (R&TC Section 23305b).

Connect With Us
Web:

Phone:
ftb.ca.gov
800-852-5711 from 7 a.m. to 5 p.m. weekdays, except state holidays 916
-845-6500 from outside the United States
California
Relay Service: 711711 or 800-735-2929 (For persons with hearing or speech impairments) FTB 4263A WEB (REV 12-2019)
8722686688
3/24/2023
4016245

FAREPA SILICON VALLEY INC
e.
160
Item # C15.

CITY OF MILPITAS
Revision Date
Original 04/16/2013
6/21/2022

CITY COUNCIL POLICY